NY State Senate Bill 2017-S3562

Senate Bill S3562

2017-2018 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2018	print number 3562a
Mar 21, 2018	amend (t) and recommit to veterans, homeland security and military affairs
Jan 03, 2018	referred to veterans, homeland security and military affairs
Mar 13, 2017	notice of committee consideration - requested
Jan 24, 2017	referred to veterans, homeland security and military affairs

Bill Amendments

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2017-S3562 - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L; amd §13, Chap 87 of 2015
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6204
2015-2016: S6452
2019-2020: S1103

2017-S3562 - 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.

2017-S3562 - Sponsor Memo

                                 BILL NUMBER:  S3562

 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; to amend the election law, in relation to canvass
and audit of returns; 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 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 4 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 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
be 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 elections 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 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. The 53-day period
was previously applied to special elections in chapter 4 of the laws
of 2011.

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 Febi.'uary 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 LISPS.

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 bill 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 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 election or ten 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 § 9-200 of the election law to provide
that it shall canvass first votes of the delegates and alternate
judicial district conventions within thirteen days from the date of
the primary.

Section 16 amends section 9-208 to provide that within twenty days
after a primary election that a record be made of the serial number of
each scanner and a recanvass of election returns shall occur within 20
days after each primary, general, or special election.

Section 17 of the bill amends § 9-211 of the election law to provide
that a verifiable audit of three-percent of the voting systems occur
15 days after each general and special election, 13 days after the
primary and 7 days after every village election.

Section 18 of the bill amends § 10-108(1)(a) provides that ballots for
military voters be mailed by the board of elections as soon as
practicable but no later than forty-five days before a primary or
general election.

Section 19 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. The 45-day period was previously applied
to special elections in chapter 4 of the laws of 2011.

Section 20 of the bill amends § 16-102(4) of the election law to adds
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 21 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 22 of the bill amends § 42(1) and (2) 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 two of section 42 of the Public Officer's Law.

Section 23 and 24 of the bill is the effective date.  sk 1
 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
2012.

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 2012, and it also will save New York State
approximately $50,000,000.


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 :

2016 - S6452A Died in Veterans - A9108 Cusick - Passed
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 IMPLICATION :

Savings of approximately $50,000,000

 EFFECTIVE DATE :
This bill shall take effect immediately.

2017-S3562 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3562
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sens. STEWART-COUSINS, ADDABBO, COMRIE, DILAN, GIANARIS,
   HOYLMAN, KRUEGER, LATIMER, 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;  to
   amend  the  election law, in relation to canvass and audit of returns;
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02774-02-7

 S. 3562                             2
 
 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
 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.

 S. 3562                             3
 
   § 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
 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 87 of
 the laws of 2015, 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 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.
   § 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

 S. 3562                             4
 
 appropriate county boards of elections of  the  results  of  such  liti-
 gation.
   §  7.  Section  4-114 of the election law, as amended by chapter 87 of
 the laws of 2015, 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,
 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.
   § 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.

 S. 3562                             5
 
   § 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.
   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

 S. 3562                             6
 
 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.
   §  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.

 S. 3562                             7
 
   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.]
   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 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].
   §  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-

 S. 3562                             8
 
 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
 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

 S. 3562                             9
 
 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
 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 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.
   § 19. 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

 S. 3562                            10
 
 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.
   § 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

 S. 3562                            11
 
 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.  Section  13 of chapter 87 of the laws of 2015, relating to the
 conducting of the presidential primary, is amended to read as follows:
   § 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.
   § 24. This act shall take effect immediately.

co-Sponsors

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2017-S3562A (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L; amd §13, Chap 87 of 2015
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6204
2015-2016: S6452
2019-2020: S1103

2017-S3562A (ACTIVE) - Summary

2017-S3562A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3562A

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:  An act to amend the election law, in relation to
primary elections and amending certain deadlines to facilitate the time-
ly transmission of ballots to military voters stationed overseas; to
amend the public officers law, in relation to filling vacancies in elec-
tive 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

 
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 authori-
zation for such designations, certificates of disqualification, certif-
icates of substitution for such designations and objections and specifi-
cations 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 subdi-
vision 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 § 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 such general election. Section 3 further sets February 1 as the
date that county, city, village and town clerks must transmit a certif-
icate containing complimentary information for local offices to the
county boards of elections.

Section 4 of the bill amends § 4-108(1)(b) of the election law to
provide that the certified text of any proposal, proposition, or refer-
endum 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 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 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 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 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
between 65 and 70 days before a primary election to notify active regis-
tered 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 participat-
ing on election day.

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

*In subdivision (1), designating petitions be filed between the thir-
teenth 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 opportu-
nity 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 the Thursday following the first Monday in August preceding
the general election (which is also ten days following the state consti-
tutional 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
election, 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, whichever is
later, except that a certificate of nomination for elector of president
and vice-president of the United States shall be filed not later than 76
days after the fall primary election.

*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 24 weeks and not later than 23 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-
third Tuesday preceding such election.

*In subdivision (12), a certificate to fill a vacancy caused by a decli-
nation 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.

*In subdivision (14), a vacancy occurring three months before the gener-
al election in any year in any office authorized to be filled at a
general election, except in the officers of governor, lieutenant-gover-
nor, 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 § 9-200(1) of the election law to require
boards of elections to complete the canvass of primary returns within 13
days from the primary election day.

Section 16 of the bill amends § 9-208(1) of the election law to require
recording of the serial numbers of each ballot scanner used in each
election district within 20 days after the primary election day.

Section 17 of the bill amends § 9-211(1) of the election law to require
audits to be completed within 13 days after a primary election and 7
days after a village election.
Section 18 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 19 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 20 of the bill amends § 16-102 of the election law to require
resolution of any appeals in election proceedings to be made at least
five weeks before election day.

Section 21 of the bill amends § 16-104(3) and (4) of the election law to
require proceedings as to the form of ballots to be instituted within 7
days after the last day to certify the wording of any such abstract or
form of submission and for any final order regarding the resolution of
any appeals for such proceeding to be made at least five weeks before
the day of the election.

Section 22 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 offices 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 23 of the bill is the effective date (immediately).

 
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 (UOCA-
VA) 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 have an opportunity to vote, it will prevent New
Yorkers from having to go out and vote in three separate primaries in
2016, and by reducing the number of primary days, county boards of
elections throughout New York State will see a collective cost savings
of 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.

 
LEGISLATIVE HISTORY:

2017: A.3052 (Cusick) - Passed the Assembly
2016: S6452 (Stewart-Cousins) - Died in Veterans, Homeland Security;
A.9108 (Cusick) - Passed the Assembly

 
EFFECTIVE DATE:
This act shall take effect immediately

2017-S3562A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3562--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced by Sens. STEWART-COUSINS, ADDABBO, ALCANTARA, BROOKS, COMRIE,
   DILAN, GIANARIS, HOYLMAN, KAVANAGH, KRUEGER, PERSAUD, STAVISKY -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Veterans,  Homeland  Security  and  Military  Affairs  --
   recommitted  to the Committee on Veterans, Homeland Security and Mili-
   tary Affairs in accordance with Senate Rule 6,  sec.  8  --  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; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02774-03-8

 S. 3562--A                          2
 
 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
 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.

 S. 3562--A                          3
 
   § 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
 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.

 S. 3562--A                          4

   § 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,
 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:

 S. 3562--A                          5
 
   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.
   §  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

 S. 3562--A                          6
 
 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.
   § 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

 S. 3562--A                          7
 
 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.]
   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-

 S. 3562--A                          8
 
 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
 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

 S. 3562--A                          9
 
 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
 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

 S. 3562--A                         10
 
 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.
   § 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

 S. 3562--A                         11
 
 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.

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Senate Bill S3562

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

Bill Amendments

co-Sponsors

2017-S3562 - Details

2017-S3562 - Summary

2017-S3562 - Sponsor Memo

2017-S3562 - Bill Text download pdf

co-Sponsors

2017-S3562A (ACTIVE) - Details

2017-S3562A (ACTIVE) - Summary

2017-S3562A (ACTIVE) - Sponsor Memo

2017-S3562A (ACTIVE) - Bill Text download pdf

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