NY State Senate Bill 2015-S6452A

Senate Bill S6452A

2015-2016 Legislative Session

Relates to primary elections and the timely transmission of ballots to military voters stationed overseas

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2016	print number 6452a
Jan 27, 2016	amend (t) and recommit to veterans, homeland security and military affairs
Jan 13, 2016	referred to veterans, homeland security and military affairs

Bill Amendments

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2015-S6452 - Details

See Assembly Version of this Bill:: A9108
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6204
2017-2018: S3562
2019-2020: S1103

2015-S6452 - Summary

Relates to primary elections and amends certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas; relates to filling vacancies in elective offices; relates to the date of primary elections.

2015-S6452 - Sponsor Memo

                                 BILL NUMBER:  S6452

 TITLE OF BILL :  An act to amend the election law, in relation to
primary elections and amending certain deadlines to facilitate the
timely transmission of ballots to military voters stationed overseas;
to amend the public officers law, in relation to filling vacancies in
elective offices; to amend the election law, in relation to date of
primary elections; and to amend chapter 87 of the laws of 2015
relating to the conducting of the presidential primary, in relation to
making certain provisions permanent

 PURPOSE OR GENERAL IDEA OF BILL :  The purpose of this bill is to
ensure that New York State's election law complies with the federal
Military and Overseas Voter Empowerment (MOVE) Act.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends § 1-106(1) of the election law to provide
that all certificates and petitions of designation, certificates of
acceptance or declination of such designations, certificates of
authorization for such designations, certificates of disqualification,
certificates of substitution for such designations and objections and
specifications of objections to such certificates and petitions
required to be filed with the state board of elections or a board of
elections outside of the City of New York shall be deemed. timely
filed and accepted for filing if sent by mail or overnight delivery

service and received no later than two business days after the last
day to file such certificates, petitions, objections or
specifications. Failure of the post office or person to deliver such
petition, certificate, or objection shall be a fatal defect.

Section 2 of the bill amends § 4-104)1) of the election law to specify
that polling places must be designated by March 15th each year which
is a month and a half earlier than the current May 1st deadline.

Section 3 of the bill amends § 4-106(1)&(2) of the election law to set
February 1 in each year as the deadline for the SBOE to transmit to
each county a certificate stating each state and federal office to be
voted upon in each general election. Section 3 further sets February 1
as the date that county boards of election must transmit a certificate
containing complimentary information for local offices to the SBOE.

Section 4 of the bill amends § 4-108(1)it) of the election law to
provide that the certified text of any proposal, proposition, or
referendum that is to be submitted to a vote of the people of a
county, city, town, village, or special district at an election to be
conducted by the board of elections shall be submitted to such board
by the clerk of such political subdivision 3 months prior to the
election at which such proposal is to be voted upon.

Section 5 of the bill amends § 4-110 of the election law to provide
that the state board of elections shall certify to each county board
of elections 55 days before a primary election the name, residence,
title of office, name of party, and ballot order of each candidate to
he voted for, within such county, who have filed a designation with
the state board of elections.

Section 6 of the bill amends § 4-112(1) of the election law to provide
that the state board of elections shall certify to each county board
of elections 55 days before a general election the name and residence
of each candidate nominated via certificate filed with the state board
or primary election canvassed by the stare board, the title of office,
name of party, the party emblem, as well as a notation as to whether
any litigation is pending.


Section 7 of the bill amends § 4-114 of the election law to provide
that county boards of election shall determine the candidates duly
nominated for public office and the questions that shall appear on the
ballot within the jurisdiction of that board of election not later
than 54 days before a primary or general election.

Section 8 of the bill amends § 4-117(1) of the election law to provide
that a "mail check card" be mailed by the local board of elections not
less than sixty-five days nor more than seventy days before the
primary election each year to notify active registered voters of the
days and hours of primary and general elections, polling places, other
information informing voters of residency issues regarding voting,
information regarding the accessibility of polling places, and other
information useful to voters interested in participating in election
day operations.

Section 9 of the bill amends § 5-604(1) of the election law to provide
that local boards of election shall publish updated enrollment lists
before February 1 each year.

Section 10 of the bill amends § 5-708(5) of the election law to
specify that at least once each year during the month of February,
each board of elections shall obtain through the National Change of
Address system, the forwarding address for every voter registered with
such board of elections and the names of those voters who have moved
and not left a forwarding address with the USPS.

Section 11 of the bill amends § 6-108(1) of the election law to remove
a reference to a "fall" primary and replaces it with a reference to
"the primary."

Section 12 of the bill. amends § 6-147(1) and (2) of the election law
to provide that duly acknowledged certificates relating to grouping of
candidates, candidates running for party positions with a group, or
self-assignation of an election district by or running alone in
multiple election districts shall be filed with the board of elections
not later than the tenth Tuesday preceding the primary election.

Section 13 of the hill amends § 6-158(1), (4-6), (9), (11&12) and (14)
of the election law to provide that:

*Designating petitions be filed between the thirteenth Monday and the
twelfth Thursday preceding a primary election.

*Opportunity to ballot petitions shall be filed not later than the
eleventh Thursday preceding the primary election. Except in the case
of a substitution of a designated person, that an opportunity to
ballot petition may be filed not later than the tenth Thursday
preceding such primary.

*A judicial district convention shall be held not earlier than the
Thursday following the first Monday in August preceding the general
election and not later than six days thereafter.

*A certificate of a party nomination made other than at the primary
election for an office to be filled at the time of a general election
shall be filed riot later than 30 days after the primary, except that
a certificate of nomination for an office which becomes vacant after
the seventh day preceding such primary election shall be filed not
later than 30 days after the primary election or 10 days after the
creation of the vacancy whichever is later. *Certificates of party
nomination of candidates for elector of president and vice-president
of the United States shall be filed not later than 76 days after the
primary.


*A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than 24
weeks and not later than 23 weeks preceding such election.

*Certificates of acceptance or declination of an independent
nomination for an office to be filled at the general election shall be
filed not later than the third day after the twenty-third Tuesday
preceding such election.

*A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general election shall be filed not later than the sixth day after the
twenty-third Tuesday preceding such election.

*A vacancy occurring three months before general election in any year
in any office authorized to be filled at a general election, except in
the officers of governor, lieutenant-governor, or United States
senator shall be filled at the general election held next thereafter,
unless otherwise provided by the constitution, or unless previously
filled at a special election.

Section 14 of the bill amends § 8-100(1) of the election law to
provide that a primary election shall be held on the fourth Tuesday in
June before every general election unless otherwise changed by an act
of the legislature. This section also makes it clear that all
nominations for public office required to be made at a primary
election in such year shall be made at such primary and that all
members of state and local party committees as well as other party
offices shall be elected at such primary.

Section 15 of the bill amends § 10-108(1) of the election law to
provide That ballots for military voters shall be mailed or
distributed not later than 46 days before a primary or general
election.

Section 16 of the bill amends subdivision 4 of § 11-204, to require
special federal ballots be mailed not later than 46 days before a
primary, general, special or presidential primary election.

Section 1? of the bill amends subdivision 4 of section 16-102 to add
resolution of any appeals to the requirement that a final order be
entered in any proceeding involving the names of candidates on ballots
or voting machines shall be made, if possible, at least five weeks
before the day of the election in which such ballots or machines are
to be used.

Section 18 of the bill amends § 16-104(3) and (4) of the election law
to provide that proceedings as to the wording of the abstract or form
of submissions of any proposed amendment, proposition, or question may
be contested in a proceeding instituted by any personal eligible to
vote on such amendment, proposition, or question within seven days
after the last day to certify the wording of any such abstract or form
of submission. Further this section specifies that a final order,
including the resolution of any appeals, in any proceeding involving
the contents of official ballots on voting machines shall be made, if
possible, at least five weeks before the day if the election at which
such voting machines are to be used, or if such proceeding is
commenced within five weeks of an election, no later than the day
following the day on which the case is heard.

Section 19 of the bill amends § 42(1) and (4) of the public officers
law to provide that a vacancy occurring three months before general
election in any year in any office authorized to be filled at a
general election, except in the officers of governor,
lieutenant-governor shall be filled at the general election held next
thereafter, unless otherwise provided by the constitution, or unless
previously filled at a special election. This three-month cut-off date
is also inserted into the appropriate parts of subdivision two of
section 42 of the Public Officer's Law.

Sections 20 and 21 of the bill is the effective date.

 JUSTIFICATION :  In 2009, President Barack Obama signed into law the
Military Overseas Voter Empowerment (MOVE) Act. The MOVE Act was an
amendment that expanded the Uniformed and Overseas Citizens Absentee
Voting Act (UOCAVA) of 1986. UOCAVA required states and territories to
allow members of the U.S. Uniformed Services and merchant marine,
their family members, and U.S. citizens residing outside the United
States to register and vote absentee in elections for federal offices.

The MOVE Act was designed to provide greater protections of the voting
rights of military personnel, their families, and other overseas
citizens. Among other provisions, the MOVE Act requires states to
transmit validly-requested absentee ballots to UOCAVA voters no later
than 45 days before a federal election, when the request has been
received by that date, except where the state has been granted an
undue hardship waiver approved by the Department of Defense for that
election. New York State was granted such a waiver in 2010.

New York State's election law as currently written regarding military
and overseas voters is not compliant with the 45-day requirement
codified in the MOVE Act. In addition, the overall structure of the
deadlines and due dates in New York State election law mean that that
changing the time-frame in which military and overseas ballots must be
mailed necessitates various changes to numerous interdependent
sections of the election law, culminating in moving the primary date.

U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the
case of The United States of America v. State of New York The United
States of America v. State of New York, already set the date for the
federal, non-presidential primary for the fourth Tuesday in June for
2016.

The benefits of merging the federal non-presidential and state
primaries are threefold: such a merger will ensure that military
personnel and New Yorkers living abroad an opportunity to vote, it
will prevent. New Yorkers from having to go out and vote in three
separate primaries in 2016, and it also will save New York State
upwards of approximately $52,000,000.

New York State's primary was held in June until 1974 when it was
changed to its current date of the first Tuesday after the second
Monday in September.

 PRIOR LEGISLATIVE HISTORY : None

 FISCAL IMPLICATION : None

 EFFECTIVE DATE :  This bill shall take effect immediately.

2015-S6452 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6452

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, LATIMER, ADDABBO, COMRIE, DILAN,
  GIANARIS, HOYLMAN, KRUEGER, PERSAUD, SQUADRON, STAVISKY -- read  twice
  and ordered printed, and when printed to be committed to the Committee
  on Veterans, Homeland Security and Military Affairs

AN  ACT  to amend the election law, in relation to primary elections and
  amending certain deadlines to facilitate the  timely  transmission  of
  ballots  to  military  voters  stationed overseas; to amend the public
  officers law, in relation to filling vacancies in elective offices; to
  amend the election law, in relation to date of primary elections;  and
  to  amend chapter 87 of the laws of 2015 relating to the conducting of
  the presidential primary, in relation  to  making  certain  provisions
  permanent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 1-106  of  the  election  law,  as
amended  by  chapter  700  of  the  laws  of 1977, is amended to read as
follows:
  1. All papers required to be filed pursuant to the provisions of  this
chapter  shall, unless otherwise provided, be filed between the hours of
nine A.M. and five P.M. If the last day  for  filing  shall  fall  on  a
Saturday,  Sunday  or  legal holiday, the next business day shall become
the last day for filing. All papers sent by mail in  an  envelope  post-
marked prior to midnight of the last day of filing shall be deemed time-
ly  filed and accepted for filing when received, except THAT ALL CERTIF-
ICATES AND PETITIONS  OF  DESIGNATION  OR  NOMINATION,  CERTIFICATES  OF
ACCEPTANCE  OR  DECLINATION OF SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS  OR  NOMINATIONS,  CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS  OR  NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS
TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH  THE  STATE
BOARD  OF  ELECTIONS  OR A BOARD OF ELECTIONS OUTSIDE OF THE CITY OF NEW
YORK SHALL BE DEEMED TIMELY FILED AND ACCEPTED FOR  FILING  IF  SENT  BY
MAIL OR OVERNIGHT DELIVERY SERVICE PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, AND RECEIVED NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02859-03-5

S. 6452                             2

TO  FILE  SUCH  CERTIFICATES,  PETITIONS,  OBJECTIONS OR SPECIFICATIONS.
FAILURE OF THE POST OFFICE OR ANY OTHER PERSON OR ENTITY TO DELIVER  ANY
SUCH  PETITION,  CERTIFICATE  OR  OBJECTION  TO  SUCH BOARD OF ELECTIONS
OUTSIDE  THE  CITY OF NEW YORK NO LATER THAN TWO BUSINESS DAYS AFTER THE
LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR  SPECIFICA-
TIONS  SHALL  BE  A FATAL DEFECT. EXCEPTED FURTHER that all certificates
and petitions of designation or nomination, certificates  of  acceptance
or  declination  of  such  designations and nominations, certificates of
substitution for such designations or  nominations  and  objections  and
specifications of objections to such certificates and petitions required
to  be filed with the board of elections of the city of New York must be
actually received by such city board of elections on or before the  last
day  to file any such petition, certificate or objection and such office
shall be open for  the  receipt  of  such  petitions,  certificates  and
objections  until  midnight  on  the last day to file any such petition,
certificate or objection. Failure of the post office or any other person
or entity to deliver any such petition, certificate or objection to such
city board of elections on or before such last  day  shall  be  a  fatal
defect.
  S 2. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1.  Every  board  of  elections shall, in consultation with each city,
town and village, designate the polling places in each election district
in which the meetings for  the  registration  of  voters,  and  for  any
election  may  be  held.  The board of trustees of each village in which
general  and  special  village  elections  conducted  by  the  board  of
elections  are  held at a time other than the time of a general election
shall submit such a list of polling places for such village elections to
the board of elections. A polling place may be  located  in  a  building
owned  by  a religious organization or used by it as a place of worship.
If such a building is designated as a polling place,  it  shall  not  be
required  to  be  open for voter registration on any Saturday if this is
contrary to the religious beliefs of the religious organization. In such
a situation,  the  board  of  elections  shall  designate  an  alternate
location  to be used for voter registration. Such polling places must be
designated by [May first] MARCH FIFTEENTH, of each year,  and  shall  be
effective  for one year thereafter. Such a list required to be submitted
by a village board of trustees must be submitted at  least  four  months
before  each  general village election and shall be effective until four
months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so designated. If, within the discretion of the  board  of  elections  a
particular  polling  place  so  designated  is  subsequently found to be
unsuitable or unsafe or should circumstances arise that  make  a  desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered  to  select  an  alternative meeting place. In the city of New
York, the board of elections shall designate  such  polling  places  and
alternate  registration  places  if the polling place cannot be used for
voter registration on Saturdays.
  S 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision 2 as amended by chapter 635 of the laws of 1990, are  amended  to
read as follows:
  1.  The  state board of elections shall, [at least eight months before
each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election,  make  and
transmit to the board of elections of each county, a certificate stating

S. 6452                             3

each  office,  except county, city, village and town offices to be voted
for at such election in such county.
  2.  Each  county, city, village and town clerk, [at least eight months
before each] BY FEBRUARY FIRST IN THE YEAR  OF  EACH  general  election,
shall  make and transmit to the board of elections a certificate stating
each county, city, village or town office, respectively to be voted  for
at  each  such election. Each village clerk, at least five months before
each general village election conducted by the board of elections, shall
make, and transmit to such board, a  certificate  stating  each  village
office to be filled at such election.
  S  4.    Paragraph b of subdivision 1 of section 4-108 of the election
law, as amended by chapter 117 of the laws of 1985, is amended  to  read
as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is  to  be  submitted  to  a vote of the people of a county, city, town,
village or special district, at an election conducted by  the  board  of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition  or  referendum  is  to be submitted, shall transmit to each
board of elections a certified copy of the text of such proposal, propo-
sition or referendum and a statement of the form in which it  is  to  be
submitted.  If  a special election is to be held, such transmittal shall
also give the date of such election.
  S 5. Section 4-110 of the election law, as amended by  chapter  87  of
the laws of 2015, is amended to read as follows:
  S  4-110. Certification of primary election candidates; state board of
elections. The state board of elections,  not  later  than  [thirty-six]
FIFTY-FIVE  days before a primary election or [fifty-four days before] a
presidential primary election, shall certify to  each  county  board  of
elections:  The  name  and  residence  of each candidate to be voted for
within the political subdivision of such board for  whom  a  designation
has been filed with the state board; the title of the office or position
for  which the candidate is designated; the name of the party upon whose
primary ballot his OR HER name is to be placed; and the order  in  which
the names of the candidates are to be printed as determined by the state
board.  Where  an  office or position is uncontested, such certification
shall state such fact.
  S 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1.  The  state  board  of  elections,  not  later  than   [thirty-six]
FIFTY-FIVE  days before a general election, or fifty-three days before a
special election, shall certify to each county board  of  elections  the
name  and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish  the  candidates
of the party or body; and a notation as to whether or not any litigation
is  pending  concerning  the  candidacy. Upon the completion of any such
litigation, the state board of  elections  shall  forthwith  notify  the
appropriate  county  boards  of  elections  of the results of such liti-
gation.
  S 7. Section 4-114 of the election law, as amended by  chapter  87  of
the laws of 2015, is amended to read as follows:
  S  4-114.  Determination  of candidates and questions; county board of
elections. The county board of elections, not later  than  the  [thirty-
fifth] FIFTY-FOURTH day before the day of a primary or general election,

S. 6452                             4

or the fifty-third day before a special election or presidential primary
election,  shall  determine  the  candidates  duly  nominated for public
office and the questions that shall appear  on  the  ballot  within  the
jurisdiction of that board of elections.
  S 8. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board of elections, [between August first and August fifth of
each year] NOT LESS THAN SIXTY-FIVE DAYS  NOR  MORE  THAN  SEVENTY  DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by first class mail
on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
request  that  any  such  mail  received for persons not residing at the
address be dropped back in the mail, a communication, in a form approved
by the state board of elections, to every registered voter who has  been
registered without a change of address since the beginning of such year,
except  that  the  board of elections shall not be required to send such
communications to voters in inactive  status.  The  communication  shall
notify the voter of the days and hours of the ensuing primary and gener-
al  elections, the place where he OR SHE appears by his OR HER registra-
tion records to be entitled to vote, the fact that voters who have moved
or will have moved from the address where they were last registered must
re-register or, that if such move was to another  address  in  the  same
county or city, that such voter may either notify the board of elections
of  his  OR HER new address or vote by paper ballot at the polling place
for his OR HER new address even if such voter has not re-registered,  or
otherwise  notified  the board of elections of the change of address. If
the location of the polling place for the voter's election district  has
been moved, the communication shall contain the following legend in bold
type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
The communication shall also  indicate  whether  the  polling  place  is
accessible  to  physically disabled voters, that a voter who will be out
of the city or county on the day of the primary or general election or a
voter who is ill or physically disabled may obtain an  absentee  ballot,
that  a  physically disabled voter whose polling place is not accessible
may request that his OR HER registration record be moved to an  election
district which has a polling place which is accessible, the phone number
to  call  for applications to move a registration record or for absentee
ballot applications, the phone number to call for the location of regis-
tration and polling places, the phone number to call  to  indicate  that
the  voter is willing to serve on election day as an election inspector,
poll clerk, interpreter or in other capacities, the phone number to call
to obtain an application for registration by mail, and such other infor-
mation concerning  the  elections  or  registration  as  the  board  may
include.  In  lieu  of  sending  such  communication to every registered
voter, the board of elections may  send  a  single  communication  to  a
household  containing  more than one registered voter, provided that the
names of all such voters appear as part of the address on such  communi-
cation.
  S 9. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:
  1.  The  board  of elections shall also cause to be published for each
election district a complete list  of  the  registered  voters  of  each
election  district.  Such  list  shall,  in  addition to the information
required for registration lists, include the party  enrollment  of  each
voter.  At  least  as  many copies of such list shall be prepared as the
required minimum number of registration lists.

S. 6452                             5

  Lists for all the election districts in a ward  or  assembly  district
may  be  bound together in one volume. The board of elections shall also
cause to be published a complete list of names and  residence  addresses
of  the registered voters, including the party enrollment of each voter,
for  each town and city over which the board has jurisdiction. The names
for each town and city may be arranged according to street and number or
alphabetically. Such lists shall be published before the  first  day  of
[April]  FEBRUARY.  The board shall keep at least five copies for public
inspection at each main office or branch office of  the  board.  Surplus
copies  of the lists shall be sold at a charge not exceeding the cost of
publication.
  S 10. Paragraph a of subdivision 5 of section 5-708  of  the  election
law,  as added by chapter 659 of the laws of 1994, is amended to read as
follows:
  a. At least once each year during the month of  [May]  FEBRUARY,  each
board  of  elections shall obtain through the National Change of Address
System, the forwarding address for  every  voter  registered  with  such
board  of elections for whom the United States Postal Service has such a
forwarding address together with the name of each such  voter  whom  the
Postal  Service  records indicate has moved from the address at which he
is registered without leaving a forwarding address.
  S 11. Subdivision 1 of section 6-108 of the election law,  as  amended
by chapter 160 of the laws of 1996, is amended to read as follows:
  1.  In  any town in a county having a population of over seven hundred
fifty thousand inhabitants, as shown by the latest federal decennial  or
special  population  census,  party  nominations  of candidates for town
offices shall be made at the primary  preceding  the  election.  In  any
other  town, nominations of candidates for town offices shall be made by
caucus or primary election as the rules of the  county  committee  shall
provide, except that the members of the county committee from a town may
adopt  by  a two-thirds vote, a rule providing that the party candidates
for town offices shall be nominated at the primary election. If  a  rule
adopted  by  the county committee of a political party or by the members
of the county committee from a town, provides that party candidates  for
town  offices, shall be nominated at a primary election, such rule shall
not apply to nor affect a primary held less than  four  months  after  a
certified  copy  of  the  rule  shall  have been filed with the board of
elections. After the filing of such a rule, the rule shall  continue  in
force until a certified copy of a rule revoking the same shall have been
filed  with such board at least four months before a subsequent primary.
Such a caucus shall be held no earlier  than  the  first  day  on  which
designating petitions for the [fall] primary election may be signed.
  S  12.  Subdivisions  1 and 2 of section 6-147 of the election law, as
amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
follows:
  1.  The  name  of  a  person designated on more than one petition as a
candidate for a party position to be filled by two or more persons shall
be printed on the ballot with the group of candidates designated by  the
petition  first filed unless such person, in a certificate duly acknowl-
edged by him OR HER and filed with the board of elections not later than
the [eighth] TENTH Tuesday preceding the primary election or  five  days
after  the  board  of  elections  mails such person notice of his OR HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
  2. A person designated as a candidate for the position  of  member  of
the  county committee in more than one election district shall be deemed

S. 6452                             6

to have been designated in the lowest numbered election district  unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with  the  board  of elections not later than the [eighth] TENTH Tuesday
preceding the primary election or five days after the board of elections
mails  such  person  notice  of  his OR HER designation in more than one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  S 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
of  the laws of 1984, subdivision 6 as amended by chapter 87 of the laws
of 2015, and subdivision 9 as amended by chapter  517  of  the  laws  of
1986, are amended to read as follows:
  1.  A designating petition shall be filed not earlier than the [tenth]
THIRTEENTH Monday before, and not later than the [ninth] TWELFTH  Thurs-
day preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party  position  at a primary election shall be filed not later than the
[eighth] ELEVENTH Thursday  preceding  the  primary  election.  However,
where a designating petition has been filed and the person named therein
has  declined such designation and another person has been designated to
fill the vacancy, then in that event, a petition for an  opportunity  to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
  5.  A  judicial district convention shall be held not earlier than the
[Tuesday] THURSDAY following  the  [third  Monday  in  September]  FIRST
MONDAY  IN AUGUST preceding the general election and not later than [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
  6. (A) A certificate of a party nomination  made  other  than  at  the
primary  election  for  an  office to be filled at the time of a general
election shall be filed not later than [seven]  THIRTY  days  after  the
[fall] primary election, (B) except that a certificate of nomination for
an  office  which  becomes  vacant  after the seventh day preceding such
primary election shall be filed not later than  [fourteen]  THIRTY  DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy,  WHICHEVER  IS LATER, and (C) except, further, that a certificate of
party nomination of candidates for elector of president and  vice-presi-
dent  of  the United States shall be filed not later than [sixty] SEVEN-
TY-SIX days [before the two thousand sixteen  general]  AFTER  THE  FALL
PRIMARY  election,  and  (D)  except still further that a certificate of
party nomination made at a judicial district convention shall  be  filed
not  later  than  the day after the last day to hold such convention and
the minutes of such convention,  duly  certified  by  the  chairman  and
secretary,  shall be filed within seventy-two hours after adjournment of
the convention. A certificate of party nomination for an  office  to  be
filled  at  a  special  election  shall be filed not later than ten days
following the issuance of a proclamation of such election.
  9. A petition for an independent nomination for an office to be filled
at the time of a general  election  shall  be  filed  not  earlier  than
[twelve]  TWENTY-FOUR  weeks  and  not  later than [eleven] TWENTY-THREE
weeks preceding such election. A petition for an independent  nomination
for  an  office  to  be  filled at a special election shall be filed not
later than twelve days following the issuance of a proclamation of  such
election.  [A  petition  for  trustee of the Long Island Power Authority
shall be filed not earlier than seven weeks and not later than six weeks
preceding the day of the election of such trustees.]

S. 6452                             7

  11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the  time  of  a  general  election
shall  be  filed not later than the third day after the [eleventh] TWEN-
TY-THIRD Tuesday preceding such election except  that  a  candidate  who
files  such  a  certificate  of acceptance for an office for which there
have been filed certificates or  petitions  designating  more  than  one
candidate for the nomination of any party, may thereafter file a certif-
icate  of  declination  not  later  than the third day after the primary
election.  A certificate of acceptance or declination of an  independent
nomination  for  an  office  to be filled at a special election shall be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
  12. A certificate to fill a vacancy caused  by  a  declination  of  an
independent  nomination  for  an  office  to  be filled at the time of a
general election shall be filed not later than the sixth day  after  the
[eleventh]  TWENTY-THIRD  Tuesday preceding such election. A certificate
to fill a vacancy caused by a declination of an  independent  nomination
for  an  office  to  be  filled at a special election shall be filed not
later than sixteen days following the issuance of a proclamation of such
election.
  14. A vacancy occurring THREE MONTHS before [September  twentieth  of]
THE  GENERAL  ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices  of  governor,  lieutenant-
governor,  or  United  States  senator  shall  be  filled at the general
election held next thereafter, unless otherwise provided by the  consti-
tution, or unless previously filled at a special election.
  S  14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 87 of the laws of 2015, is amended to read as
follows:
  (a) A primary election[, to be known as the fall  primary,]  shall  be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber]  JUNE  before every general election unless otherwise changed by an
act of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES  AND
ASSEMBLY  DISTRICT  LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY  AND  ALL
NOMINATIONS  FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which  elec-
tors  of  president  and  vice  president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first  Tuesday  in  February  unless  otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  S 15. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 87 of the laws of 2015, is amended to read as
follows:
  (a)  Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred  method
of  transmission  designated  by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any  event  not  later  than
[thirty-two] FORTY-SIX days before a primary or general election[; twen-
ty-five days before], a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election or presidential primary election. A voter who submits
a  military  ballot  application  shall be entitled to a military ballot

S. 6452                             8

thereafter for each subsequent election through and including  the  next
two  regularly  scheduled general elections held in even numbered years,
including any run-offs which may occur; provided, however, such applica-
tion  shall  not  be valid for any election held within seven days after
its receipt. Ballots shall also be  mailed  to  any  qualified  military
voter  who  is  already registered and who requests such military ballot
from such board of elections in a letter, which is signed by  the  voter
and  received  by  the board of elections not later than the seventh day
before the election for which the ballot is requested and  which  states
the  address  where the voter is registered and the address to which the
ballot is to be mailed. The board of elections shall enclose  with  such
ballot  a  form  of  application  for  military ballot. In the case of a
primary election, the board shall deliver only the ballot of  the  party
with  which  the  military  voter  is enrolled according to the military
voter's registration records. In the event a primary election is  uncon-
tested  in  the  military  voter's  election district for all offices or
positions except the party position of member of the ward, town, city or
county committee, no ballot shall be delivered to  such  military  voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  S  16. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 87 of the laws of 2015, is amended to read as follows:
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than [thirty-two] FORTY-SIX  days
before  each  general  or  primary  election [and forty-five days before
each] OR special election or presidential primary election in which such
applicant is qualified to vote, or three days after receipt of  such  an
application,  whichever  is  later,  mail to him or her at the residence
address outside the United States shown in his  or  her  application,  a
special  federal  ballot,  an  inner  affirmation  envelope and an outer
envelope, or otherwise distribute same to the voter in  accordance  with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title. The board of elections shall also mail, or
otherwise  distribute  in accordance with the preferred method of trans-
mission designated by the voter  pursuant  to  section  11-203  of  this
title, a special federal ballot to every qualified special federal voter
who  is  already registered and who requests such special federal ballot
from such board of elections in a letter, which is signed by  the  voter
and  received  by  the board of elections not later than the seventh day
before the election for which the ballot is first  requested  and  which
states  the  address  where  the  voter is registered and the address to
which the ballot is to be mailed. The board of elections  shall  enclose
with such ballot a form of application for a special federal ballot.
  S 17. Subdivision 4 of section 16-102 of the election law, as added by
chapter 135 of the laws of 1986, is amended to read as follows:
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the  names  of  candidates  on  ballots  or  voting
machines  shall be made, if possible, at least five weeks before the day
of the election at which such ballots or voting machines are to be used,
or if such proceeding is commenced within five weeks of  such  election,
no later than the day following the day on which the case is heard.
  S  18.  Subdivisions  3  and  4 of section 16-104 of the election law,
subdivision 3 as added by chapter 136 of the laws of 1978  and  subdivi-

S. 6452                             9

sion  4  as  amended  by chapter 117 of the laws of 1985, are amended to
read as follows:
  3.  A  proceeding  pursuant to subdivision two of this section must be
instituted within [fourteen] SEVEN days after the last  day  to  certify
the wording of any such abstract or form of submission.
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the contents of official ballots on voting machines
shall be made, if possible, at least five weeks before the  day  of  the
election  at  which  such  voting  machines  are  to be used, or if such
proceeding is commenced within five weeks of an election, no later  than
the day following the day on which the case is heard.
  S  19.  Subdivisions 1 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
read as follows:
  1.  A  vacancy  occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to  be  filled
at  a general election, except in the offices of governor or lieutenant-
governor, shall be filled at the general election held next  thereafter,
unless  otherwise  provided  by  the  constitution, or unless previously
filled at a special election.
  4. A special election shall not be held  to  fill  a  vacancy  in  the
office  of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office,  or
unless  it occurs thereafter and a special session of congress is called
to meet before the next general election, or be called after  [September
nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN such year;
nor to fill a vacancy in the office of state senator or in the office of
member of assembly, unless the vacancy occurs before the  first  day  of
April  of  the  last  year  of the term of office, or unless the vacancy
occurs in either such office of senator or member of assembly after such
first day of April and a special session of the legislature be called to
meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
after September nineteenth] in such year. If a special election to  fill
an  office  shall  not  be  held as required by law, the office shall be
filled at the next general election.
  S 20. Section 13 of chapter 87 of the laws of 2015,  relating  to  the
conducting of the presidential primary, is amended to read as follows:
  S  13.  This  act shall take effect immediately; provided, however, if
this act shall become law after July 1, 2015, it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2015; provided further that sections  six,  seven,  eight,
nine,  ten  and  eleven of this act shall take effect December 15, 2015;
and provided further, THAT SECTIONS TWO, THREE, FOUR AND ELEVEN OF  this
act shall expire December 31, 2016 when upon such date the provisions of
[this act] SUCH SECTIONS shall be deemed repealed.
  S 21. This act shall take effect immediately.

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2015-S6452A (ACTIVE) - Details

See Assembly Version of this Bill:: A9108
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6204
2017-2018: S3562
2019-2020: S1103

2015-S6452A (ACTIVE) - Summary

2015-S6452A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6452A

 TITLE OF BILL :

An act to amend the election law, in relation to primary elections and
amending certain deadlines to facilitate the timely transmission of
ballots to military voters stationed overseas and in relation to date
of primary elections; and to amend the public officers law, in
relation to filling vacancies in elective offices

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that New York State's election
law complies with the federal Military and Overseas Voter Empowerment
(MOVE) Act.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends § 1-106(1) of the election law to provide
that all certificates and petitions of designation, certificates of
acceptance or declination of such designations, certificates of
authorization for such designations, certificates of disqualification,
certificates of substitution for such designations and objections and
specifications of objections to such certificates and petitions
required to be filed with the state board of elections or a board of
elections outside of the City of New York shall be deemed timely filed

and accepted for filing if sent by mail or overnight delivery service
(allowed by subdivision 3 of this section) in an envelope postmarked
or showing receipt by the overnight delivery service prior to midnight
of the last day of filing, and received no later than two business
days after the last day to file such certificates, petitions,
objections or specifications.

Section 2 of the bill amends § 3-420(1) of the election law to
increase the compensation for election inspectors to $250 and for
election coordinators to $350 in New York City.

Section 3 of the bill amends § 4-104(1) of the election law to specify
that polling places must be designated by March 15th each year which
is a month and a half earlier than the current May 1st deadline.

Section 4 of the bill amends § 4-106(1)&(2) of the election law to set
February 1 in each year as the deadline for the SBOE to transmit to
each county a certificate stating each state and federal office to be
voted upon in such general election. Section 3 further sets February 1
as the date that county boards of election must transmit a certificate
containing complimentary information for local offices to the SBOE.

Section 5 of the bill amends § 4-108(1)(b) of the election law to
provide that the certified text of any proposal, proposition, or
referendum that is to be submitted to a vote of the people of a
county, city, town, village, or special district at an election to be
conducted by the board of elections shall be submitted to such board
by the clerk of such political subdivision three months prior to the
general election at which such proposal is to be voted upon.

Section 6 of the bill amends § 4-110 of the election law to provide
that the state board of elections shall certify to each county board
of elections 55 days before a primary election or presidential primary
the name, residence, title of office, name of party, and ballot order
of each candidate to be voted for, within such county, who have filed
a designation with the state board of elections.

Section 6-a of the bill amends § 4-110 of the election law's reverter
clause to preserve the section 5 changes for when then current version
of the section expires.
Section 7 of the bill amends § 4-112(1) of the election law to provide
that the state board of elections shall certify to each county board
of elections 55 days before a general election the name and residence
of each candidate nominated via certificate filed with the state board
or primary election canvassed by the state board, the title of office,
name of party, the party emblem, as well as a notation as to whether
any litigation is pending.

Section 8 of the bill amends § 4-114 of the election law to provide
that county boards of election shall determine the candidates duly
nominated for public office and the questions that shall appear on the
ballot within the jurisdiction of that board of election not later
than 54 days before a primary or general election.

Section 8-a of the bill amends § 4-114 of the election law's reverter
clause to preserve the section 7 changes for when then current version
of the section expires.

Section 9 of the bill amends § 4-117(1) of the election law to provide
that a "mail check card" be mailed by the local board of elections
between 65 and 70 days before a primary election to notify active
registered voters of the days and hours of primary and general
elections, polling places, other information informing voters of
residency issues regarding voting, information regarding the
accessibility of polling places, and other information useful to
voters interested in participating on election day.

Section 10 of the bill amends § 5-604(1) of the election law to
provide that local boards of election shall publish updated enrollment
lists before February 1 each year.

Section 11 of the bill amends § 5-708(5) of the election law to
specify that at least once a year during the month of February, each
board of elections shall obtain through the National Change of Address
system, the forwarding address for every voter registered with such
board of elections and the names of those voters who have moved and
did not leave a forwarding address with the USPS.

Section 12 of the bill amends § 6-108(1) of the election law to remove
a reference to a "fall" primary and replaces it with a reference to
"the primary."

Section 13 of the bill amends § 6-147(1) and (2) of the election law
to provide that duly acknowledged certificates relating to grouping of
candidates, candidates running for party positions with a group, or
self-assignation of an election district by or running alone in
multiple election districts shall be filed with the board of elections
not later than the tenth Tuesday preceding the primary election.

Section 14 of the bill amends § 6-158 of the election law to provide
that:

*In subdivision (1), designating petitions be filed between the
thirteenth Monday and the twelfth Thursday preceding a primary
election.

*In subdivision (4), opportunity to ballot petitions shall be filed
not later than the eleventh Thursday preceding the primary election.
Except in the case of a substitution of a designated person, that an
opportunity to ballot petition may be filed not later than the tenth
Thursday preceding such primary.

*In subdivision (5), a judicial district convention shall be held not
earlier than ten days following the state constitutional deadline for
the vacancy in the office of the supreme court to occur and still be

filled at the next general election, and not later than six days after
the earliest date to hold such convention.

* In subdivision (6), a certificate of a party nomination made other
than at the primary election for an office to be filled at the time of
a general election shall be filed not later than 30 days after the
primary, except that a certificate of nomination for an office which
becomes vacant after the seventh day preceding such primary election
shall be filed not later than 30 days after the primary or ten days
after the creation of such vacancy, whichever is later.

*In subdivision (9), a petition for an independent nomination for an
office to be filled at the time of a general election shall be filed
not earlier than 23 weeks and not later than 22 weeks preceding such
election.

*In subdivision (11), certificates of acceptance or declination of an
independent nomination for an office to be filled at the general
election shall be filed not later than the third day after the
twenty-second Tuesday preceding such election.

*In subdivision (12), a certificate to fill a vacancy caused by a
declination of an independent nomination for an office to be filled at
the time of a general election shall be filed not later than the sixth
day after the twenty-second Tuesday preceding such election.

*In subdivision (14), a vacancy occurring three months before the
general election in any year in any office authorized to be filled at
a general election, except in the officers of governor,
lieutenant-governor, or United States senator shall be filled at the
general election held next thereafter, unless otherwise provided by
the constitution, or unless previously filled at a special election.

Section 14-a of the bill amends § 6-158(6) of the election law's
reverter clause to preserve the section 13 changes for when then
current version of the subdivision expires.

Section 15 of the bill amends § 8-100(1) of the election law to
provide that a primary election shall be held on the fourth Tuesday in
June before every general election unless otherwise changed by an act
of the legislature. This section also makes it clear that all
nominations for public office required to be made at a primary
election in such year shall be made at such primary and that all
members of state and local party committees as well as other party
offices shall be elected at such primary.

Section 15-a of the bill amends § 8-100 of the election law's reverter
clause to preserve the section 14 changes for when then current
version of the subdivision expires.

Section 16 of the bill amends § 10-108(1)(a) of the election law to
provide that ballots for military voters are sent out 46 days before a
primary or general election.

Section 16-a of the bill amends § 10-108(1)(a) of the election law's
reverter clause to preserve the section 15 changes for when then
current version of the subdivision expires.

Section 17 of the bill amends § 11-204(4) of the election law to
provide that ballots for overseas voters are sent out 46 days before a
primary or general election.

Section 17-a of the bill amends § 11-204(4) of the election law's
reverter clause to preserve the section 16 changes for when then
current version of the section expires.

Section 18 of the bill amends § 42(1) and (4) of the public officers
law to provide that a vacancy occurring three months before general
election in any year in any office authorized to be filled at a
general election, except in the officers of governor,
lieutenant-governor, or United States senator shall be filled at the
general election held next thereafter, unless otherwise provided by
the constitution, or unless previously filled at a special election.
This three-month cut-off date is also inserted into the appropriate
parts of subdivision four of section 42 of the Public Officer's Law.

Section 19 of the bill is the effective date.

 JUSTIFICATION :

In 2009, President Barack Obama signed into law the Military Overseas
Voter Empowerment (MOVE) Act. The MOVE Act was an amendment that
expanded the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA) of 1986. UOCAVA required states and territories to allow
members of the U.S. Uniformed Services and merchant marine, their
family members, and U.S. citizens residing outside the United States
to register and vote absentee in elections for federal offices.

The MOVE Act was designed to provide greater protections of the voting
rights of military personnel, their families, and other overseas
citizens. Among other provisions, the MOVE Act requires states to
transmit validly-requested absentee ballots to UOCAVA voters no later
than 45 days before a federal election, when the request has been
received by that date, except where the state has been granted an
undue hardship waiver approved by the Department of Defense for that
election. New York State was granted such a waiver in 2010.

New York State's election law as currently written regarding military
and overseas voters is not compliant with the 45-day requirement
codified in the MOVE Act. In addition, the overall structure of the
deadlines and due dates in New York State election law mean that that
changing the time-frame in which military and overseas ballots must be
mailed necessitates various changes to numerous interdependent
sections of the election law, culminating in moving the primary date.

U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the
case of The United States of America v. State of New York, already set
the date for the federal, non-presidential primary for the fourth
Tuesday in June for 2016.

The benefits of merging the federal non-presidential and state
primaries are threefold: such a merger will ensure that military
personnel and New Yorkers living abroad an opportunity to vote, it
will prevent New Yorkers from having to go out and vote in three
separate primaries in 2016, and it also will save New York State
approximately $25,000,000.

New York State's primary was held in June until 1974 when it was
changed to its current date of the first Tuesday after the second
Monday in September.

 PRIOR LEGISLATIVE HISTORY :

2014: A.8198 (Silver)- Passed the Assembly.
2014: S.6204 2/28/14 Notice for committee consideration filed 5/5/14
Defeated in Elections
2013: S6204 (Stewart-Cousins)/A8198 (Silver) Referred to Elections

 FISCAL IMPLICATIONS :

If enacted, this legislation has the potential to save local
municipalities, which pay the costs of administering elections, up to
$52 million in even numbered years. Said fiscal analysis is based on
every county having both local and congressional primary elections in
an even numbered year. There are no costs to the state.

 EFFECTIVE DATE :
This bill would take effect immediately.

2015-S6452A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6452--A

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, LATIMER, ADDABBO, COMRIE, DILAN,
  GIANARIS, HOYLMAN, KRUEGER, PERSAUD, SQUADRON, STAVISKY -- read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Veterans,  Homeland  Security  and  Military  Affairs -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to primary  elections  and
  amending  certain  deadlines  to facilitate the timely transmission of
  ballots to military voters stationed overseas and in relation to  date
  of  primary  elections;  and  to  amend  the  public  officers law, in
  relation to filling vacancies in elective offices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 1-106 of the election law, as
amended by chapter 700 of the laws  of  1977,  is  amended  to  read  as
follows:
  1.  All papers required to be filed pursuant to the provisions of this
chapter shall, unless otherwise provided, be filed between the hours  of
nine  A.M.  and  five  P.M.  If  the last day for filing shall fall on a
Saturday, Sunday or legal holiday, the next business  day  shall  become
the  last  day  for filing. All papers sent by mail in an envelope post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL  CERTIF-
ICATES  AND  PETITIONS  OF  DESIGNATION  OR  NOMINATION, CERTIFICATES OF
ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS OR  NOMINATIONS,  CERTIF-
ICATES  OF  AUTHORIZATION  FOR SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS OR NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS  OF  OBJECTIONS
TO  SUCH  CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH THE STATE
BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE  CITY  OF  NEW
YORK  SHALL  BE  DEEMED  TIMELY FILED AND ACCEPTED FOR FILING IF SENT BY
MAIL OR DESIGNATED DELIVERY SERVICE PERMITTED BY  SUBDIVISION  THREE  OF
THIS  SECTION,  IN  AN ENVELOPE POSTMARKED PRIOR TO MIDNIGHT OF THE LAST
DAY OF FILING AND RECEIVED NO LATER THAN TWO  BUSINESS  DAYS  AFTER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02859-07-6

S. 6452--A                          2

LAST  DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICA-
TIONS. FAILURE OF THE POST OFFICE OR  ANY  OTHER  PERSON  OR  ENTITY  TO
DELIVER  ANY  SUCH  PETITION,  CERTIFICATE OR OBJECTION TO SUCH BOARD OF
ELECTIONS  OUTSIDE  THE CITY OF NEW YORK NO LATER THAN TWO BUSINESS DAYS
AFTER THE LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS,  OBJECTIONS  OR
SPECIFICATIONS  SHALL  BE  A  FATAL  DEFECT.  EXCEPTED  FURTHER that all
certificates and petitions of designation or nomination, certificates of
acceptance or declination of such designations and nominations,  certif-
icates   of  substitution  for  such  designations  or  nominations  and
objections and specifications of objections  to  such  certificates  and
petitions  required  to be filed with the board of elections of the city
of New York must be actually received by such city board of elections on
or before the last  day  to  file  any  such  petition,  certificate  or
objection  and  such  office  shall  be  open  for  the  receipt of such
petitions, certificates and objections until midnight on the last day to
file any such petition, certificate or objection. Failure  of  the  post
office  or  any  other  person  or  entity to deliver any such petition,
certificate or objection to such city board of elections  on  or  before
such last day shall be a fatal defect.
  S 2. Subdivision 1 of section 3-420 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1.  Election inspectors, poll clerks, election coordinators and quali-
fied voters appointed to act in place of an absent inspector,  clerk  or
coordinator shall be paid for their services on the days of registration
and  election,  by  the county containing the election district in which
they serve, in an amount fixed by the county legislative  body,  subject
to  such  limitations  as  shall be prescribed or authorized by statute,
except that in the city of New York  the  amount  of  such  compensation
shall be payable by such city and shall be fixed by the mayor at a daily
rate  which,  in  the case of election inspectors shall not be less than
[one hundred thirty] TWO HUNDRED  FIFTY  dollars  and  in  the  case  of
election  coordinators  not  less than [two hundred] THREE HUNDRED FIFTY
dollars. Such inspectors, poll clerks, election coordinators and  quali-
fied  voters  at  a general or special village election conducted by the
board of elections shall be paid by such village in an amount  fixed  by
the village board of trustees subject to any such limitations.
  S 3. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1.  Every  board  of  elections shall, in consultation with each city,
town and village, designate the polling places in each election district
in which the meetings for  the  registration  of  voters,  and  for  any
election  may  be  held.  The board of trustees of each village in which
general  and  special  village  elections  conducted  by  the  board  of
elections  are  held at a time other than the time of a general election
shall submit such a list of polling places for such village elections to
the board of elections. A polling place may be  located  in  a  building
owned  by  a religious organization or used by it as a place of worship.
If such a building is designated as a polling place,  it  shall  not  be
required  to  be  open for voter registration on any Saturday if this is
contrary to the religious beliefs of the religious organization. In such
a situation,  the  board  of  elections  shall  designate  an  alternate
location  to be used for voter registration. Such polling places must be
designated by [May first] MARCH FIFTEENTH, of each year,  and  shall  be
effective  for one year thereafter. Such a list required to be submitted
by a village board of trustees must be submitted at  least  four  months
before  each  general village election and shall be effective until four

S. 6452--A                          3

months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so  designated.  If,  within  the discretion of the board of elections a
particular polling place so  designated  is  subsequently  found  to  be
unsuitable  or  unsafe  or should circumstances arise that make a desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered to select an alternative meeting place. In  the  city  of  New
York,  the  board  of  elections shall designate such polling places and
alternate registration places if the polling place cannot  be  used  for
voter registration on Saturdays.
  S 4. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision  2  as amended by chapter 635 of the laws of 1990, are amended to
read as follows:
  1. The state board of elections shall, [at least eight  months  before
each]  BY  FEBRUARY FIRST IN THE YEAR OF EACH general election, make and
transmit to the board of elections of each county, a certificate stating
each office, except county, city, village and town offices to  be  voted
for at such election in such county.
  2.  Each  county, city, village and town clerk, [at least eight months
before each] BY FEBRUARY FIRST IN THE YEAR  OF  EACH  general  election,
shall  make and transmit to the board of elections a certificate stating
each county, city, village or town office, respectively to be voted  for
at  each  such election. Each village clerk, at least five months before
each general village election conducted by the board of elections, shall
make, and transmit to such board, a  certificate  stating  each  village
office to be filled at such election.
  S  5.    Paragraph b of subdivision 1 of section 4-108 of the election
law, as amended by chapter 117 of the laws of 1985, is amended  to  read
as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is  to  be  submitted  to  a vote of the people of a county, city, town,
village or special district, at an election conducted by  the  board  of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition  or  referendum  is  to be submitted, shall transmit to each
board of elections a certified copy of the text of such proposal, propo-
sition or referendum and a statement of the form in which it  is  to  be
submitted.  If  a special election is to be held, such transmittal shall
also give the date of such election.
  S 6. Section 4-110 of the election law, as amended by  chapter  87  of
the laws of 2015, is amended to read as follows:
  S  4-110. Certification of primary election candidates; state board of
elections.  The state board of elections, not  later  than  [thirty-six]
FIFTY-FIVE  days before a primary election or [fifty-four days before] a
presidential primary election, shall certify to  each  county  board  of
elections:  The  name  and  residence  of each candidate to be voted for
within the political subdivision of such board for  whom  a  designation
has been filed with the state board; the title of the office or position
for  which the candidate is designated; the name of the party upon whose
primary ballot his OR HER name is to be placed; and the order  in  which
the names of the candidates are to be printed as determined by the state
board.  Where  an  office or position is uncontested, such certification
shall state such fact.
  S 6-a. Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:

S. 6452--A                          4

  S 4-110. Certification of primary election candidates; state board  of
elections.  The  state  board  of  elections not later than [thirty-six]
FIFTY-FIVE days before a primary election, shall certify to each  county
board of elections: The name and residence of each candidate to be voted
for  within  the  political  subdivision of such board for whom a desig-
nation has been filed with the state board; the title of the  office  or
position  for  which  the candidate is designated; the name of the party
upon whose primary ballot his OR HER name is to be placed; and the order
in which the names of the candidates are to be printed as determined  by
the  state  board.  Where  an  office  or  position is uncontested, such
certification shall state such fact.
  S 7. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1.  The  state  board  of  elections,  not  later  than   [thirty-six]
FIFTY-FIVE  days before a general election, or fifty-three days before a
special election, shall certify to each county board  of  elections  the
name  and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish  the  candidates
of the party or body; and a notation as to whether or not any litigation
is  pending  concerning  the  candidacy. Upon the completion of any such
litigation, the state board of  elections  shall  forthwith  notify  the
appropriate  county  boards  of  elections  of the results of such liti-
gation.
  S 8. Section 4-114 of the election law, as amended by  chapter  87  of
the laws of 2015, is amended to read as follows:
  S  4-114.  Determination  of candidates and questions; county board of
elections. The county board of elections, not later  than  the  [thirty-
fifth] FIFTY-FOURTH day before the day of a primary or general election,
or the fifty-third day before a special election or presidential primary
election,  shall  determine  the  candidates  duly  nominated for public
office and the questions that shall appear  on  the  ballot  within  the
jurisdiction of that board of elections.
  S  8-a.  Section 4-114 of the election law, as amended by chapter 4 of
the laws of 2011, is amended to read as follows:
  S 4-114. Determination of candidates and questions;  county  board  of
elections.  The  county  board of elections, not later than the [thirty-
fifth] FIFTY-FOURTH day before the day of a primary or general election,
or the fifty-third day before a special election,  shall  determine  the
candidates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
  S 9. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1.  The  board of elections, [between August first and August fifth of
each year] NOT LESS THAN SIXTY-FIVE DAYS  NOR  MORE  THAN  SEVENTY  DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by first class mail
on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
request  that  any  such  mail  received for persons not residing at the
address be dropped back in the mail, a communication, in a form approved
by the state board of elections, to every registered voter who has  been
registered without a change of address since the beginning of such year,
except  that  the  board of elections shall not be required to send such
communications to voters in inactive  status.  The  communication  shall
notify the voter of the days and hours of the ensuing primary and gener-
al  elections, the place where he OR SHE appears by his OR HER registra-

S. 6452--A                          5

tion records to be entitled to vote, the fact that voters who have moved
or will have moved from the address where they were last registered must
re-register or, that if such move was to another  address  in  the  same
county or city, that such voter may either notify the board of elections
of  his  OR HER new address or vote by paper ballot at the polling place
for his OR HER new address even if such voter has not re-registered,  or
otherwise  notified  the board of elections of the change of address. If
the location of the polling place for the voter's election district  has
been moved, the communication shall contain the following legend in bold
type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
The communication shall also  indicate  whether  the  polling  place  is
accessible  to  physically disabled voters, that a voter who will be out
of the city or county on the day of the primary or general election or a
voter who is ill or physically disabled may obtain an  absentee  ballot,
that  a  physically disabled voter whose polling place is not accessible
may request that his OR HER registration record be moved to an  election
district which has a polling place which is accessible, the phone number
to  call  for applications to move a registration record or for absentee
ballot applications, the phone number to call for the location of regis-
tration and polling places, the phone number to call  to  indicate  that
the  voter is willing to serve on election day as an election inspector,
poll clerk, interpreter or in other capacities, the phone number to call
to obtain an application for registration by mail, and such other infor-
mation concerning  the  elections  or  registration  as  the  board  may
include.  In  lieu  of  sending  such  communication to every registered
voter, the board of elections may  send  a  single  communication  to  a
household  containing  more than one registered voter, provided that the
names of all such voters appear as part of the address on such  communi-
cation.
  S  10.  Subdivision 1 of section 5-604 of the election law, as amended
by chapter 28 of the laws of 2010, is amended to read as follows:
  1. The board of elections shall also cause to be  published  for  each
election  district  a  complete  list  of  the registered voters of each
election district. Such list  shall,  in  addition  to  the  information
required  for  registration  lists, include the party enrollment of each
voter. At least as many copies of such list shall  be  prepared  as  the
required minimum number of registration lists.
  Lists  for  all  the election districts in a ward or assembly district
may be bound together in one volume. The board of elections  shall  also
cause  to  be published a complete list of names and residence addresses
of the registered voters, including the party enrollment of each  voter,
for  each town and city over which the board has jurisdiction. The names
for each town and city may be arranged according to street and number or
alphabetically. Such lists shall be published before the  first  day  of
[April]  FEBRUARY.  The board shall keep at least five copies for public
inspection at each main office or branch office of  the  board.  Surplus
copies  of the lists shall be sold at a charge not exceeding the cost of
publication.
  S 11. Paragraph a of subdivision 5 of section 5-708  of  the  election
law,  as added by chapter 659 of the laws of 1994, is amended to read as
follows:
  a. At least once each year during the month of  [May]  FEBRUARY,  each
board  of  elections shall obtain through the National Change of Address
System, the forwarding address for  every  voter  registered  with  such
board  of elections for whom the United States Postal Service has such a
forwarding address together with the name of each such  voter  whom  the

S. 6452--A                          6

Postal  Service  records indicate has moved from the address at which he
is registered without leaving a forwarding address.
  S  12.  Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
  1. In any town in a county having a population of over  seven  hundred
fifty  thousand inhabitants, as shown by the latest federal decennial or
special population census, party  nominations  of  candidates  for  town
offices  shall  be  made  at  the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made  by
caucus  or  primary  election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the  party  candidates
for  town  offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by  the  members
of  the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule  shall
not  apply  to  nor  affect a primary held less than four months after a
certified copy of the rule shall have  been  filed  with  the  board  of
elections.  After  the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent  primary.
Such  a  caucus  shall  be  held  no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
  S 13. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
amended  by  chapter  434  of  the  laws of 1984, are amended to read as
follows:
  1. The name of a person designated on more  than  one  petition  as  a
candidate for a party position to be filled by two or more persons shall
be  printed on the ballot with the group of candidates designated by the
petition first filed unless such person, in a certificate duly  acknowl-
edged by him OR HER and filed with the board of elections not later than
the  [eighth]  TENTH Tuesday preceding the primary election or five days
after the board of elections mails such person  notice  of  his  OR  HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
  2.  A  person  designated as a candidate for the position of member of
the county committee in more than one election district shall be  deemed
to  have been designated in the lowest numbered election district unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with the board of elections not later than the  [eighth]  TENTH  Tuesday
preceding the primary election or five days after the board of elections
mails  such  person  notice  of  his OR HER designation in more than one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  S 14. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
of  the laws of 1984, subdivision 6 as amended by chapter 87 of the laws
of 2015, and subdivision 9 as amended by chapter  517  of  the  laws  of
1986, are amended to read as follows:
  1.  A designating petition shall be filed not earlier than the [tenth]
THIRTEENTH Monday before, and not later than the [ninth] TWELFTH  Thurs-
day preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party  position  at a primary election shall be filed not later than the
[eighth] ELEVENTH Thursday  preceding  the  primary  election.  However,

S. 6452--A                          7

where a designating petition has been filed and the person named therein
has  declined such designation and another person has been designated to
fill the vacancy, then in that event, a petition for an  opportunity  to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
  5.  A judicial district convention shall be held not earlier than [the
Tuesday following the third Monday in September  preceding  the  general
election  and  not  later  than the fourth Monday in September preceding
such election] TEN DAYS FOLLOWING THE DEADLINE PURSUANT TO SECTION TWEN-
TY-ONE OF ARTICLE VI OF THE STATE CONSTITUTION FOR THE  VACANCY  IN  THE
OFFICE  OF  THE  SUPREME  COURT TO OCCUR AND STILL BE FILLED AT THE NEXT
GENERAL ELECTION AND NOT LATER THAN SIX DAYS AFTER SUCH EARLIEST DATE TO
HOLD SUCH CONVENTION.
  6. (A) A certificate of a party nomination  made  other  than  at  the
primary  election  for  an  office to be filled at the time of a general
election shall be filed not later than [seven]  THIRTY  days  after  the
[fall] primary election, (B) except that a certificate of nomination for
an  office  which  becomes  vacant  after the seventh day preceding such
primary election shall be filed not later than  [fourteen]  THIRTY  DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy,  WHICHEVER  IS LATER, and (C) except, further, that a certificate of
party nomination of candidates for elector of president and  vice-presi-
dent  of  the  United  States  shall  be filed not later than sixty days
before the two thousand sixteen general election, and (D)  except  still
further  that  a  certificate  of  party  nomination  made at a judicial
district convention shall be filed not later than the day after the last
day to hold such convention and the minutes  of  such  convention,  duly
certified  by the chairman and secretary, shall be filed within seventy-
two hours after adjournment of the convention. A  certificate  of  party
nomination  for  an  office  to be filled at a special election shall be
filed not later than ten days following the issuance of  a  proclamation
of such election.
  9. A petition for an independent nomination for an office to be filled
at  the  time  of  a  general  election  shall be filed not earlier than
[twelve] TWENTY-THREE weeks and not later than [eleven] TWENTY-TWO weeks
preceding such election. A petition for an independent nomination for an
office to be filled at a special election shall be filed not later  than
twelve  days  following the issuance of a proclamation of such election.
[A petition for trustee of the Long  Island  Power  Authority  shall  be
filed  not earlier than seven weeks and not later than six weeks preced-
ing the day of the election of such trustees.]
  11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the  time  of  a  general  election
shall  be  filed not later than the third day after the [eleventh] TWEN-
TY-SECOND Tuesday preceding such election except that  a  candidate  who
files  such  a  certificate  of acceptance for an office for which there
have been filed certificates or  petitions  designating  more  than  one
candidate for the nomination of any party, may thereafter file a certif-
icate  of  declination  not  later  than the third day after the primary
election.  A certificate of acceptance or declination of an  independent
nomination  for  an  office  to be filled at a special election shall be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
  12. A certificate to fill a vacancy caused  by  a  declination  of  an
independent  nomination  for  an  office  to  be filled at the time of a
general election shall be filed not later than the sixth day  after  the

S. 6452--A                          8

[eleventh]  TWENTY-SECOND Tuesday preceding such election. A certificate
to fill a vacancy caused by a declination of an  independent  nomination
for  an  office  to  be  filled at a special election shall be filed not
later than sixteen days following the issuance of a proclamation of such
election.
  14.  A  vacancy occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to  be  filled
at  a  general  election, except in the offices of governor, lieutenant-
governor, or United States  senator  shall  be  filled  at  the  general
election  held next thereafter, unless otherwise provided by the consti-
tution, or unless previously filled at a special election.
  S 14-a. Subdivision 6 of section 6-158 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
  6. (A) A certificate of a party nomination  made  other  than  at  the
primary  election  for  an  office to be filled at the time of a general
election shall be filed not later than [seven]  THIRTY  days  after  the
fall  primary  election, (B) except that a certificate of nomination for
an office which becomes vacant after  the  seventh  day  preceding  such
primary  election  shall  be filed not later than [fourteen] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a  certificate  of
party  nomination of candidates for elector of president and vice-presi-
dent of the United States shall be filed not later than [fourteen] SIXTY
days [after the fall primary]  BEFORE  THE  GENERAL  election,  and  (D)
except  still  further  that a certificate of party nomination made at a
judicial district convention shall be filed not later than the day after
the last day to hold such convention and the minutes of such convention,
duly certified by the chairman and  secretary,  shall  be  filed  within
seventy-two  hours after adjournment of the convention. A certificate of
party nomination for an office to be filled at a special election  shall
be  filed  not later than ten days following the issuance of a proclama-
tion of such election.
  S 15. Paragraph (a) of subdivision 1 of section 8-100 of the  election
law, as amended by chapter 87 of the laws of 2015, is amended to read as
follows:
  (a)  A  primary  election[, to be known as the fall primary,] shall be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber] JUNE before every general election unless otherwise changed  by  an
act  of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND  ALL  OTHER
PARTY  POSITIONS  TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
IN  SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors of president and vice president of the  United  States  are  to  be
elected an additional primary election, to be known as the spring prima-
ry,  shall  be  held  on  the first Tuesday in February unless otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  S 15-a. Paragraph (a)  of  subdivision  1  of  section  8-100  of  the
election  law,  as amended by chapter 17 of the laws of 2007, is amended
to read as follows:
  (a) A primary election[, to be known as the fall  primary,]  shall  be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber]  JUNE  before every general election unless otherwise changed by an
act of the legislature. MEMBERS OF THE STATE AND COUNTY  COMMITTEES  AND

S. 6452--A                          9

ASSEMBLY  DISTRICT  LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY  AND  ALL
NOMINATIONS  FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN  SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors of president and vice president of the  United  States  are  to  be
elected an additional primary election, to be known as the spring prima-
ry,  shall  be  held  on  the first Tuesday in February unless otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  S 16. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 87 of the laws of 2015, is amended to read as
follows:
  (a) Ballots for military voters shall be mailed or otherwise  distrib-
uted  by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to  section  10-107  of
this  article,  as  soon  as practicable but in any event not later than
[thirty-two] FORTY-SIX days before a primary or general election[; twen-
ty-five days before], a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election or presidential primary election. A voter who submits
a military ballot application shall be entitled  to  a  military  ballot
thereafter  for  each subsequent election through and including the next
two regularly scheduled general elections held in even  numbered  years,
including any run-offs which may occur; provided, however, such applica-
tion  shall  not  be valid for any election held within seven days after
its receipt. Ballots shall also be  mailed  to  any  qualified  military
voter  who  is  already registered and who requests such military ballot
from such board of elections in a letter, which is signed by  the  voter
and  received  by  the board of elections not later than the seventh day
before the election for which the ballot is requested and  which  states
the  address  where the voter is registered and the address to which the
ballot is to be mailed. The board of elections shall enclose  with  such
ballot  a  form  of  application  for  military ballot. In the case of a
primary election, the board shall deliver only the ballot of  the  party
with  which  the  military  voter  is enrolled according to the military
voter's registration records. In the event a primary election is  uncon-
tested  in  the  military  voter's  election district for all offices or
positions except the party position of member of the ward, town, city or
county committee, no ballot shall be delivered to  such  military  voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  S  16-a.  Paragraph  (a)  of  subdivision  1  of section 10-108 of the
election law, as amended by chapter 4 of the laws of 2011, is amended to
read as follows:
  (a) Ballots for military voters shall be mailed or otherwise  distrib-
uted  by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to  section  10-107  of
this  article,  as  soon  as practicable but in any event not later than
[thirty-two] FORTY-SIX days before a primary or general election[; twen-
ty-five days before], a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election. A voter who submits a  military  ballot  application
shall  be  entitled  to a military ballot thereafter for each subsequent

S. 6452--A                         10

election through and including the next two regularly scheduled  general
elections  held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be  valid  for  any
election  held  within seven days after its receipt.  Ballots shall also
be mailed to any qualified military voter who is already registered  and
who  requests  such  military  ballot  from such board of elections in a
letter, which is signed by the  voter  and  received  by  the  board  of
elections  not  later than the seventh day before the election for which
the ballot is requested and which states the address where the voter  is
registered  and  the  address  to  which the ballot is to be mailed. The
board of elections shall enclose with such ballot a form of  application
for  military ballot. In the case of a primary election, the board shall
deliver only the ballot of the party with which the  military  voter  is
enrolled  according to the military voter's registration records. In the
event a primary election is uncontested in the military voter's election
district for all offices or  positions  except  the  party  position  of
member  of  the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such  election;  and  the  military
voter  shall  be  advised of the reason why he or she will not receive a
ballot.
  S 17. Subdivision 4 of section 11-204 of the election law, as  amended
by chapter 87 of the laws of 2015, is amended to read as follows:
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall  have so determined, or not later than [thirty-two] FORTY-SIX days
before each general or primary  election  [and  forty-five  days  before
each] OR special election or presidential primary election in which such
applicant  is  qualified to vote, or three days after receipt of such an
application, whichever is later, mail to him or  her  at  the  residence
address  outside  the  United  States shown in his or her application, a
special federal ballot, an  inner  affirmation  envelope  and  an  outer
envelope,  or  otherwise distribute same to the voter in accordance with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title. The board of elections shall also mail, or
otherwise distribute in accordance with the preferred method  of  trans-
mission  designated  by  the  voter  pursuant  to section 11-203 of this
title, a special federal ballot to every qualified special federal voter
who is already registered and who requests such special  federal  ballot
from  such  board of elections in a letter, which is signed by the voter
and received by the board of elections not later than  the  seventh  day
before  the  election  for which the ballot is first requested and which
states the address where the voter is  registered  and  the  address  to
which  the  ballot is to be mailed. The board of elections shall enclose
with such ballot a form of application for a special federal ballot.
  S 17-a. Subdivision 4 of  section  11-204  of  the  election  law,  as
amended by chapter 4 of the laws of 2011, is amended to read as follows:
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall  have so determined, or not later than [thirty-two] FORTY-SIX days
before each general or primary  election  [and  forty-five  days  before
each]  OR special election in which such applicant is qualified to vote,
or three days after receipt of such an application, whichever is  later,
mail  to  him  or her at the residence address outside the United States
shown in his or her application, a  special  federal  ballot,  an  inner

S. 6452--A                         11

affirmation envelope and an outer envelope, or otherwise distribute same
to  the  voter  in  accordance with the preferred method of transmission
designated by the voter pursuant to section 11-203 of  this  title.  The
board  of  elections shall also mail, or otherwise distribute in accord-
ance with the preferred method of transmission designated by  the  voter
pursuant  to  section  11-203 of this title, a special federal ballot to
every qualified special federal voter who is already registered and  who
requests  such  special federal ballot from such board of elections in a
letter, which is signed by the  voter  and  received  by  the  board  of
elections  not  later than the seventh day before the election for which
the ballot is first requested and which states  the  address  where  the
voter is registered and the address to which the ballot is to be mailed.
The board of elections shall enclose with such ballot a form of applica-
tion for a special federal ballot.
  S  18.  Subdivisions 1 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
read as follows:
  1.  A  vacancy  occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to  be  filled
at  a general election, except in the offices of governor or lieutenant-
governor, shall be filled at the general election held next  thereafter,
unless  otherwise  provided  by  the  constitution, or unless previously
filled at a special election.
  4. A special election shall not be held  to  fill  a  vacancy  in  the
office  of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office,  or
unless  it occurs thereafter and a special session of congress is called
to meet before the next general election, or be called after  [September
nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN such year;
nor to fill a vacancy in the office of state senator or in the office of
member of assembly, unless the vacancy occurs before the  first  day  of
April  of  the  last  year  of the term of office, or unless the vacancy
occurs in either such office of senator or member of assembly after such
first day of April and a special session of the legislature be called to
meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
after September nineteenth] in such year. If a special election to  fill
an  office  shall  not  be  held as required by law, the office shall be
filled at the next general election.
  S 19. This act shall take effect immediately; provided, however, that:
  (a) the amendments to section  4-110  of  the  election  law  made  by
section six of this act shall be subject to the expiration and reversion
of  such  section  pursuant  to  section 13 of chapter 87 of the laws of
2015, as amended, when upon such date the provisions of section six-a of
this act shall take effect;
  (b) the amendments to section  4-114  of  the  election  law  made  by
section  eight of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 13 of chapter 87 of the laws of
2015, as amended, when upon such date the provisions of section  eight-a
of this act shall take effect;
  (c)  the  amendments to subdivision 6 of section 6-158 of the election
law made by section fourteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 13 of chapter
87 of the laws of 2015, as amended, when upon such date  the  provisions
of section fourteen-a of this act shall take effect;

S. 6452--A                         12

  (d)  the amendments to paragraph (a) of subdivision 1 of section 8-100
of the election law made by section fifteen of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 13
of chapter 87 of the laws of 2015, as amended, when upon such  date  the
provisions of section fifteen-a of this act shall take effect;
  (e) the amendments to paragraph (a) of subdivision 1 of section 10-108
of the election law made by section sixteen of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 13
of  chapter  87 of the laws of 2015, as amended, when upon such date the
provisions of section sixteen-a of this act shall take effect; and
  (f) the amendments to subdivision 4 of section 11-204 of the  election
law  made by section seventeen of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to section 13 of chap-
ter 87 of the laws  of  2015,  as  amended,  when  upon  such  date  the
provisions of section seventeen-a of this act shall take effect.

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Senate Bill S6452A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Bill Amendments

co-Sponsors

2015-S6452 - Details

2015-S6452 - Summary

2015-S6452 - Sponsor Memo

2015-S6452 - Bill Text download pdf

co-Sponsors

2015-S6452A (ACTIVE) - Details

2015-S6452A (ACTIVE) - Summary

2015-S6452A (ACTIVE) - Sponsor Memo

2015-S6452A (ACTIVE) - Bill Text download pdf

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