NY State Senate Bill 2017-S1335

Senate Bill S1335

2017-2018 Legislative Session

Relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions

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Archive: Last Bill Status - In Senate Committee Elections 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 03, 2018	referred to elections
Jan 09, 2017	referred to elections

2017-S1335 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally
Versions Introduced in 2015-2016 Legislative Session:: S6762

2017-S1335 (ACTIVE) - Summary

Relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions.

2017-S1335 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1335

 TITLE OF BILL :  An act to amend the election law, in relation to
vacancies for elective offices; to judicial proceedings for
designating or nominating petitions and to ballots for primary and
general elections

 PURPOSE :

The purpose of this bill is to ensure ballot accuracy and integrity by
providing Boards of Election, as well as candidates for office, time
to make appropriate adjustments to, and inspections of, the Election
Day ballot.

 SUMMARY OF PROVISIONS :

Section 1 and 2: amends § 6-150 of the election law to ensure adequate
time to remove the name of a deceased or disqualified candidate from a
general or primary election ballot.

Section 3: amends § 6-154 of the election law to require boards of
election to make a determination as it relates to challenges to
designating or opportunity to ballot petitions no later than 60 days
before a primary election and no later than 70 days before a general
election.

Section 4: amends § 7-116 of the election law to provide that
instances in which adjustments are made too late to completely change
the ballot shall not invalidate election results.

Section 5: amends § 7-122 of the election law to require any court
order or determination by the board altering absentee ballots to be
made at least 20 days prior to an election.

Section 6: amends subdivisions 1 and 2 of § 7-128 of the election law
to require, to the extent practical, sample and official ballot s be
available for public inspection, 50 days prior to the election for
which the ballots have been prepared, and, require such ballots to be
available for a candidate to inspect no later than 46 days before such
election. This section additionally requires a written notice to be
sent to candidates notifying them of the time and place where they may
inspect the voting machines or systems to be used in such election, no
less than 20 days prior to such election.

Section 7: amends § 7-130 of the election law to reflect updated
language referencing to "voting systems".

Section 8: amends § 16-100 of the election law to require any final
court order including the resolution of any appeals pursuant to
16-102(4) and § 16104(4), to be made within the timeframe requirements
of those sections.

Section 9: amends § 16-102 of the election law to require the final
order of a resolution of any appeals to be made within 55 days of an
election to which the ballot is to be used.

Section 10: amends § 16-104 of election law to provide that a
proceeding by an aggrieved candidate must be instituted within 5 days
of the last date of inspection pursuant to § 7-128(2) of this chapter;
a proceeding relating to the wording of an abstract, or form of
submission of a proposed amendment, proposition or question must be
made within 7 days of last day to certify the wording of such
abstract;

Section 11: sets the effective date (immediately)

 JUSTIFICATION :

There currently exists in election law a number of deadlines relating
to the printing or inspection of ballots, Board of Elections
determinations, and the filing of objections and judicial proceedings
relating to the form of the ballot. Such deadlines are often
difficult, if not impossible for boards of election, candidates, or
courts to meet under State and Federal requirements. This can lead to
delays in the printing of ballots and/or the printing and distribution
of ballots with incorrect or disordered information.

This bill would address such delays by establishing more uniform and
organized deadlines relating to the printing of, inspection of, and
challenge of election ballots, ensuring the State Board of Elections
and/or County boards of election have the appropriate time to print
and distribute an accurate election ballot.

Additionally, in instances where it is too late to make complete
adjustments to the ballot in time for an election, this bill would
assure the integrity of such election results.

 LEGISLATIVE HISTORY :

2015-16: S.6762/A.9126 Referred to Elections

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1335
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to vacancies for  elective
   offices;   to  judicial  proceedings  for  designating  or  nominating
   petitions and to ballots for primary and general elections

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6-150  of the election law is amended to read as
 follows:
   § 6-150. Nomination; vacancy  caused  by  death  or  disqualification,
 unfilled  at  time  of  general  or special election. If a vacancy shall
 occur in a nomination, caused by disqualification or death of the candi-
 date subsequent to [noon of the Tuesday] THIRTY DAYS before a general or
 special election and prior to the closing of the polls on such  election
 day,  such  vacancy  shall  not  be  filled, and the votes cast for such
 [deceased] candidate shall be canvassed and counted, and if  he  OR  SHE
 shall  receive  a  plurality of the votes cast, a vacancy shall exist in
 the office for which such nomination was made to be filled in the manner
 provided by law for vacancies in office occurring  by  reason  of  death
 after election.
   §  2.  Section 6-152 of the election law, as amended by chapter 234 of
 the laws of 1976, is amended to read as follows:
   § 6-152. Vacancies caused by death or disqualification and unfilled at
 time of primary election. If a vacancy shall occur in a designation of a
 candidate for nomination or election at a primary  election,  caused  by
 the  death or disqualification of a candidate subsequent to [noon of the
 seventh day] THIRTY DAYS before the primary election and  prior  to  the
 closing  of  the  polls,  such vacancy shall not be filled and the votes
 cast for such [deceased or disqualified] candidate  shall  be  canvassed
 and  counted,  and,  if he OR SHE shall receive a plurality of the votes
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00494-01-7

 S. 1335                             2
 
 cast, another candidate may  thereafter  be  nominated  or  the  vacancy
 filled as provided by law or the rules of the party.
   §  3.  Section  6-154  of  the election law is amended by adding a new
 subdivision 4 to read as follows:
   4. EACH BOARD OF ELECTIONS OR THE STATE BOARD OF ELECTIONS SHALL  MAKE
 ANY  DETERMINATION  REQUIRED  BY  THIS  SECTION NO LATER THAN SIXTY DAYS
 BEFORE THE PRIMARY ELECTION IN THE CASE OF CHALLENGES TO DESIGNATING  OR
 OPPORTUNITY  TO  BALLOT  PETITIONS AND NO LATER THAN SEVENTY DAYS BEFORE
 THE GENERAL ELECTION IN THE CASE OF CHALLENGES TO  NOMINATING  PETITIONS
 AND CERTIFICATES OF DESIGNATION OR NOMINATION.
   §  4.  Section  7-116  of  the election law is amended by adding a new
 subdivision 7 to read as follows:
   7. IN CASES WHERE A NAME IS ADDED TO OR REMOVED FROM THE COUNTY  BOARD
 OF  ELECTIONS' OFFICIAL BALLOT TOO LATE TO MAKE A COMPLETE ADJUSTMENT TO
 THESE REQUIREMENTS FEASIBLE, THE NAME MAY BE ADDED AT  THE  END  OF  THE
 LIST OF CANDIDATES IN ALL ELECTION DISTRICTS, OR REMOVED FROM THE BALLOT
 IN ALL ELECTION DISTRICTS WITHOUT CHANGING THE PREVIOUSLY ARRANGED ORDER
 OF  OTHER  NAMES  AND WITHOUT INVALIDATING THE ELECTION. ANY INADVERTENT
 ERROR IN THE ORDER OF NAMES DISCOVERED TOO LATE TO CORRECT THE ORDER  OF
 THE NAMES ON THE BALLOTS CONCERNED SHALL NOT INVALIDATE AN ELECTION.
   EXCEPT  WHERE  A  CONTEST  OR  CANDIDATE IS REMOVED FROM THE BALLOT BY
 COURT ORDER TOO LATE TO  MAKE  COMPLETE  COMPLIANCE  WITH  THIS  SECTION
 FEASIBLE,  THE  TITLE  OF  EACH  PUBLIC OFFICE OR PARTY POSITION AND THE
 NAMES OF THE CANDIDATES FOR SUCH OFFICE OR  POSITION  APPEARING  ON  ANY
 BALLOT  USED  FOR ELECTIONS OVER WHICH THE COUNTY BOARD OF ELECTIONS HAS
 JURISDICTION SHALL APPEAR ON SUCH BALLOT  IMMEDIATELY  ADJACENT  TO  ONE
 ANOTHER,  EITHER  HORIZONTALLY  OR VERTICALLY; AND NO BLANK SPACES SHALL
 SEPARATE THE NAMES OF CANDIDATES ACTUALLY RUNNING FOR AN OFFICE OR PARTY
 POSITION ON SUCH BALLOT, AND NO BLANK SPACES SHALL SEPARATE ANY TWO SUCH
 OFFICES OR POSITIONS WHICH APPEAR ON SUCH BALLOT IN THE SAME  COLUMN  OR
 ROW.
   § 5. Subdivision 3 of section 7-122 of the election law, as amended by
 chapter 165 of the laws of 2010, is amended to read as follows:
   3.  The  determination of the appropriate county board of elections as
 to the candidates duly designated or  nominated  for  public  office  or
 party  position whose name shall appear on the absentee ballot and as to
 ballot proposals to be voted on shall be made  no  later  than  the  day
 after  the  state  board  of elections issues its certification of those
 candidates to be voted for at the general, special or primary  election.
 The  determinations  of  the state board of elections and the respective
 county boards of elections shall be final and conclusive with respect to
 such offices for which petitions or  certificates  are  required  to  be
 filed  with such boards, as the case may be but nothing herein contained
 shall prevent a board of elections, or a court of competent jurisdiction
 from determining at a later date that  any  such  certification,  desig-
 nation or nomination is invalid and, in the event of such later determi-
 nation,  no vote cast for any such nominee by any voter shall be counted
 at the election.   ANY ORDER OF A COURT  OF  COMPETENT  JURISDICTION  OR
 DETERMINATION BY THE BOARD OF ELECTIONS CHANGING THE BALLOT AS PREVIOUS-
 LY  DETERMINED  BY  THE  BOARD  OF  ELECTIONS  MUST  BE  MADE AND, WHERE
 REQUIRED, ENTERED AT LEAST TWENTY DAYS PRIOR TO THE ELECTION. THE  ORDER
 OF  A  COURT  OF  COMPETENT  JURISDICTION OR DETERMINATION OF A BOARD OF
 ELECTIONS TO ADD A NAME OR BALLOT PROPOSAL TO THE BALLOT  SHALL  REQUIRE
 THAT  ONLY THOSE VOTERS WHO HAVE NOT BEEN SENT ABSENTEE BALLOTS PRIOR TO
 SUCH CHANGE SHALL BE SENT BALLOTS WHICH REFLECT SUCH ADDITION  OR  ADDI-
 TIONS UNLESS THE COURT SPECIFICALLY OTHERWISE ORDERS.

 S. 1335                             3
 
   §  6.  Subdivisions  1  and 2 of section 7-128 of the election law are
 amended to read as follows:
   1.  Each  officer or board charged with the duty of providing official
 ballots for an  election  shall  have  sample  ballots  open  to  public
 inspection  [five]  FIFTY  days,  EXCEPT  IN  THE  CASE OF EXTRAORDINARY
 CIRCUMSTANCES IN WHICH CASE ON THE EARLIEST DAY PRACTICABLE, before  the
 election  for  which  [they were] THE BALLOTS HAVE BEEN prepared and the
 official ballots open to such inspection [four] FIFTY  days,  EXCEPT  IN
 THE  CASE  OF  EXTRAORDINARY CIRCUMSTANCES IN WHICH CASE ON THE EARLIEST
 DAY PRACTICABLE, before such election except that the sample  and  offi-
 cial  ballots  for  a  village  election held at a different time from a
 general election shall be open to public inspection at  least  two  days
 before such election. During the times within which the ballots are open
 for inspection, such officer or board shall deliver to each voter apply-
 ing therefor a sample of the ballot which he OR SHE is entitled to vote.
   2. Each officer or board charged with the duty of preparing ballots to
 be used [on] WITH voting machines in any election shall:
   A. give written notice, by first class mail, to all candidates, except
 candidates for member of the county committee, who are lawfully entitled
 to  have  their  names  appear  thereon, of the time when, and the place
 where, they may inspect the [voting machines] BALLOTS  to  be  used  for
 such  election.  The  candidates or their designated representatives may
 appear at the time and place specified in such notice  to  inspect  such
 [machines]  BALLOTS, provided, however, that the time so specified shall
 [be not less than two] OCCUR NO LATER THAN FORTY-SIX days [prior to  the
 date  of]  BEFORE  the  election  AT  WHICH THE BALLOTS WILL BE USED.  A
 candidate, whose name appears on the ballot [for an  election  district]
 or  his  OR  HER  designated representative, may, in the presence of the
 election officer attending the  [voting  machine]  BALLOT,  inspect  the
 [face of the machine] BALLOT to see that his OR HER ballot [label] POSI-
 TION is in its proper place[, but at no time during the inspection shall
 the booth be closed] OR PLACES.
   B. GIVE WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT
 CANDIDATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED
 TO  HAVE  THEIR  NAMES  APPEAR  THEREON, OF THE TIME WHEN, AND THE PLACE
 WHERE, THEY MAY INSPECT THE VOTING MACHINES OR SYSTEMS TO  BE  USED  FOR
 SUCH  ELECTION.  THE  CANDIDATES OR THEIR DESIGNATED REPRESENTATIVES MAY
 APPEAR AT THE TIME AND PLACE  SPECIFIED  IN  SUCH  NOTICE  TO  VIEW  THE
 CONDUCT  OF  THE  LOGIC AND ACCURACY TESTING REQUIRED TO BE PERFORMED ON
 SUCH VOTING MACHINES OR SYSTEMS, PROVIDED  HOWEVER,  THAT  THE  TIME  SO
 SPECIFIED  SHALL  BE  NOT LESS THAN TWENTY DAYS PRIOR TO THE DATE OF THE
 ELECTION.
   § 7. Section 7-130 of the election law is amended to read as follows:
   § 7-130. Ballots; examination by voters  and  instruction  in  use  of
 voting  machines  OR SYSTEMS.   One or more voting machines [which shall
 contain the ballot labels] OR SYSTEMS ON WHICH BALLOTS  SHALL  BE  CAST,
 showing  the  party  [emblems]  NAMES  and  [title] TITLES of [officers]
 OFFICES to be voted for, and which shall so far as  practicable  contain
 the  names  of the candidates to be voted for, shall be placed on public
 exhibition in some suitable place by the board of elections, [in  charge
 of  competent  instructors,]  for  at least three days during the thirty
 days next preceding an election. No voting machine OR SYSTEM which is to
 be assigned for use in an election shall be used for such purpose  after
 having  been  prepared  and  sealed for the election. During such public
 exhibition, the counting mechanism of the machine  OR  SYSTEM  shall  be
 concealed  from  view  and  the doors, IF ANY, may be temporarily opened

 S. 1335                             4
 
 only when authorized by the board or official having charge and  control
 of  the  election. Any voter shall be allowed to examine such machine OR
 SYSTEM, and upon request shall be instructed in its use.
   §  8.  Section  16-100  of the election law is amended by adding a new
 subdivision 3 to read as follows:
   3. IN VIEW OF THE TIME REQUIRED FOR BOARDS  OF  ELECTIONS  TO  REPRINT
 BALLOTS  AND TO CONDUCT LOGIC AND ACCURACY TESTING REQUIRED BY TITLE TWO
 OF ARTICLE SEVEN OF THIS CHAPTER AND REGULATIONS OF THE STATE  BOARD  OF
 ELECTIONS,  NO COURT SHALL, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, ENTER
 A FINAL ORDER INCLUDING THE RESOLUTION OF ANY APPEALS ISSUED PURSUANT TO
 SUBDIVISION FOUR OF SECTION 16-102 OF THIS ARTICLE OR  SUBDIVISION  FOUR
 OF  SECTION  16-104  OF  THIS ARTICLE UNLESS SUCH ORDER OR DETERMINATION
 SHALL BE MADE IN CONFORMANCE WITH THE TIME FRAME REQUIREMENTS  OF  THOSE
 SECTIONS.
   §  9. 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] SYSTEMS shall,  EXCEPT  IN  EXTRAORDINARY  CIRCUMSTANCES,  be
 made[,  if  possible,]  at least [five weeks] FIFTY-FIVE DAYS before the
 day of the election at which such ballots or voting  [machines]  SYSTEMS
 are  to  be used, or if such proceeding is commenced within [five weeks]
 FIFTY-FIVE DAYS of such election, no later than the  day  following  the
 day on which the case is heard.
   §  10.  Subdivisions 1, 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:
   1. The form and content of any ballot, or portion thereof, to be  used
 in  an election, and the right to use any emblem design, color, party or
 independent body name, may be contested in a  proceeding  instituted  in
 the  supreme  court by any aggrieved candidate or by the chairman of any
 party committee or independent body.   A  PROCEEDING  PURSUANT  TO  THIS
 SUBDIVISION  MUST BE INSTITUTED WITHIN FIVE DAYS OF THE LAST DATE OF THE
 INSPECTION OF THE BALLOT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  2  OF
 SECTION 7-128 OF THIS CHAPTER.
   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  TO  BE  USED  on
 [voting machines] BALLOT SCANNERS shall, EXCEPT IN EXTRAORDINARY CIRCUM-
 STANCES,  be made[, if possible,] at least [five weeks] TWENTY-FIVE DAYS
 before the day of the election at which such  [voting  machines]  BALLOT
 SCANNERS 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].
   § 11. This act shall take effect immediately.

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