S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9925
 
                           I N  A S S E M B L Y
 
                             February 23, 2018
                                ___________
 
 Introduced  by  M.  of A. LAVINE, BRONSON, PAULIN, DenDEKKER, GOTTFRIED,
   ORTIZ,  MAYER,  HEVESI,  DINOWITZ,  McDONALD,  SIMOTAS,  L. ROSENTHAL,
   STIRPE,  BRINDISI, ABINANTI, SEPULVEDA, BARRETT, SKOUFIS, FAHY, BRABE-
   NEC, GALEF, WEPRIN, ROZIC -- Multi-Sponsored by -- M. of A. BENEDETTO,
   BLAKE, BRAUNSTEIN,  BUCHWALD,  LENTOL,  LIFTON,  LUPARDO,  MAGNARELLI,
   B. MILLER,  RODRIGUEZ,  SANTABARBARA, SIMON, THIELE, ZEBROWSKI -- read
   once and referred to the Committee on Election Law
 
 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 the election law, in relation to canvass and audit of returns
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14858-01-8

 A. 9925                             2
 
 SECTION, 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 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.
   § 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.
   § 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

 A. 9925                             3
 
 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.
   §  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.
   § 5. Section 4-110 of the election law, as amended by chapter  434  of
 the laws of 1984, is amended to read as follows:
   §  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.
   § 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.
   § 7. Section 4-114 of the election law, as amended by chapter 4 of the
 laws of 2011, is amended to read as follows:
   §  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,

 A. 9925                             4
 
 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.
   § 8. Subdivision 1 of section 4-117 of the election law, as amended by
 chapter 44 of the laws of 2016, 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 mail on which is
 endorsed  such  language  designated  by the state board of elections to
 ensure postal authorities do not forward such mail but return it to  the
 board of elections with forwarding information, when it cannot be deliv-
 ered  as  addressed  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  general  elections,  the
 place  where  he OR SHE appears by his OR HER registration 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 noti-
 fied 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  commu-
 nication  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  phys-
 ically  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 registration
 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 informa-
 tion 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 communication.
   § 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.

 A. 9925                             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.
   § 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.
   § 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.
   §  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

 A. 9925                             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.
   § 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 79 of the laws
 of 1992, 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  [fourteen]
 SEVENTY-FOUR  days  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.]

 A. 9925                             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.
   §  14. 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
 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].
   §  15.  Subdivision 1 of section 9-200 of the election law, as amended
 by chapter 250 of the laws of 1984, is amended to read as follows:
   1. The board  of  elections  shall  canvass  the  returns  of  primary
 elections  filed with it. It shall canvass first the votes of the deleg-
 ates and alternates to judicial district conventions and  complete  such
 canvass  at  the  earliest  time possible. It shall complete the canvass
 otherwise within [nine] THIRTEEN days from the day upon which the prima-
 ry election is held. Upon the completion of the canvass the board  shall
 make  and file in its office tabulated statements, signed by the members
 of such board or a majority thereof, of the number of votes cast for all
 the candidates for nomination to each public office or for  election  to
 each  party  position, and the number of votes cast for each such candi-
 date. The candidate receiving the highest number of votes for nomination

 A. 9925                             8
 
 for a public office or for election to a party position voted for wholly
 within the political unit for which such board is acting, shall  be  the
 nominee  of  his party for such office or elected to such party position
 and  the board, if requested by a candidate elected to a party position,
 shall furnish to him a certificate of election.
   § 16. Subdivision 1 of section 9-208 of the election law,  as  amended
 by chapter 163 of the laws of 2010, is amended to read as follows:
   1. Within fifteen days after each general[,] OR special [or] ELECTION,
 AND  WITHIN  TWENTY DAYS AFTER A primary election, and within seven days
 after every village election conducted by  the  board  of  elections  at
 which  ballot scanners are used, the board of elections, or a bipartisan
 committee of or appointed by said board  shall,  in  each  county  using
 ballot scanners, make a record of the serial number of each ballot scan-
 ner  used  in each election district in such general, special or primary
 election. No person who was  a  candidate  at  such  election  shall  be
 appointed  to  membership  on  the committee. Such board of elections or
 bipartisan committee shall recanvass the tabulated result tape from each
 ballot scanner used in each election district  by  comparing  such  tape
 with the numbers as recorded on the return of canvass. The said board or
 committee  shall also make a recanvass of any election day paper ballots
 that have not been scanned and were hand counted pursuant to subdivision
 two of section 9-110 of this article and compare the  results  with  the
 number  as  recorded  on  the  return of canvass. The board or committee
 shall then recanvass write-in votes,  if  any,  on  ballots  which  were
 otherwise scanned and canvassed at polling places on election night. The
 board  or  committee  shall  validate and prove such sums. Before making
 such canvass the board of  elections,  with  respect  to  each  election
 district  to  be recanvassed, shall give notice in writing to the voting
 machine custodian thereof, to the state and county chair of  each  party
 or  independent  body which shall have nominated candidates for the said
 general or special election or nominated or elected  candidates  at  the
 said  primary  election  and  to  each  individual  candidate whose name
 appears on the office ballot, of the time and place where  such  canvass
 is  to  be  made;  and  the state and county chair of each such party or
 independent body and each such individual candidate may send a represen-
 tative to be present  at  such  recanvass.  Each  candidate  whose  name
 appears on the official ballot, or his or her representative, shall have
 the  right  personally to examine and make a record of the vote recorded
 on the tabulated result tape and any ballots which were hand counted.
   § 17. Subdivision 1 of section 9-211 of the election law,  as  amended
 by chapter 515 of the laws of 2015, is amended to read as follows:
   1.  Within  fifteen days after each general or special election, [and]
 within [seven] THIRTEEN days after  every  primary  [or]  ELECTION,  AND
 WITHIN SEVEN DAYS AFTER EVERY village election conducted by the board of
 elections, the board of elections or a bipartisan committee appointed by
 such  board  shall  audit  the voter verifiable audit records from three
 percent of voting machines or systems within the  jurisdiction  of  such
 board. Such audits may be performed manually or via the use of any auto-
 mated tool authorized for such use by the state board of elections which
 is  independent from the voting system it is being used to audit. Voting
 machines or systems shall be selected for audit through a random, manual
 process. At least five days prior to the time fixed for  such  selection
 process, the board of elections shall send notice by first class mail to
 each  candidate,  political  party and independent body entitled to have
 had watchers present at the polls  in  any  election  district  in  such
 board's  jurisdiction.  Such notice shall state the time and place fixed

 A. 9925                             9
 
 for such random selection process. The audit shall be conducted  in  the
 same  manner,  to  the extent applicable, as a canvass of paper ballots.
 Each candidate, political party or independent body entitled to  appoint
 watchers  to attend at a polling place shall be entitled to appoint such
 number of watchers to observe the audit.
   § 18. 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
 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.
   § 19. 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
 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

 A. 9925                            10
 
 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.
   § 20. 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.
   § 21. 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-
 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.
   §  22.  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.
   § 23. This act shall take effect on December 31, 2018.