S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8410
 
                             I N  S E N A T E
 
                                May 4, 2018
                                ___________
 
 Introduced by Sens. DeFRANCISCO, AKSHAR -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Elections
 
 AN  ACT  to amend the election law, in relation to party nominations for
   candidates for county office; 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. The election law is amended by adding a new  section  6-109
 to read as follows:
   § 6-109. PARTY NOMINATIONS; COUNTIES. 1. PARTY DESIGNATION OF A CANDI-
 DATE  FOR  NOMINATION  FOR  ANY OFFICE TO BE FILLED BY THE VOTERS OF THE
 ENTIRE COUNTY SHALL BE MADE BY THE COUNTY COMMITTEE, IF THE PARTY  RULES
 OF SUCH COUNTY SO PROVIDE.
   2.  THE COUNTY COMMITTEE SHALL MAKE SUCH DESIGNATION BY MAJORITY VOTE.
 THE PERSON RECEIVING THE MAJORITY VOTE SHALL BE THE  PARTY'S  DESIGNATED
 CANDIDATE  FOR  NOMINATION.  UPON  THE  VOTE  FOR SUCH DESIGNATION, EACH
 MEMBER OF THE COUNTY COMMITTEE SHALL BE ENTITLED TO  CAST  A  NUMBER  OF
 VOTES  WHICH  SHALL  BE IN ACCORDANCE WITH THE RATIO WHICH THE NUMBER OF
 VOTES FOR THE PARTY CANDIDATE FOR GOVERNOR ON THE LINE OR COLUMN OF  THE
 PARTY AT THE LAST PRECEDING GENERAL STATE ELECTION IN THE UNIT OF REPRE-
 SENTATION  SUCH  MEMBER  REPRESENTS BEARS TO THE TOTAL VOTE CAST ON SUCH
 LINE OR COLUMN AT SUCH ELECTION FOR SUCH CANDIDATE FOR GOVERNOR  IN  THE
 ENTIRE COUNTY. THE APPORTIONMENT OF SUCH VOTES AS SO PRESCRIBED SHALL BE
 DETERMINED BY THE RULES OF THE PARTY.
   3.  ENROLLED MEMBERS OF THE PARTY MAY MAKE OTHER DESIGNATIONS BY PETI-
 TION FOR A MEMBER OF THE SAME PARTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15638-01-8

 S. 8410                             2
 
   4. THE MEETING OF THE COUNTY COMMITTEE FOR THE PURPOSE OF  DESIGNATING
 CANDIDATES  SHALL  BE  HELD  NOT EARLIER THAN TWENTY-ONE DAYS BEFORE THE
 FIRST DAY TO SIGN DESIGNATING PETITIONS AND NOT LATER THAN THE FIRST DAY
 TO SIGN DESIGNATING PETITIONS FOR THE PRIMARY ELECTION.
   5.  WITHIN  FOUR  DAYS  AFTER SUCH MEETING, THE COUNTY COMMITTEE SHALL
 FILE WITH THE COUNTY BOARD OF ELECTIONS:
   (A) THE NAMES OF THE PERSONS WHO HAVE RECEIVED THE DESIGNATION OF  THE
 COUNTY COMMITTEE AND THE OFFICES FOR WHICH DESIGNATED; AND
   (B)  THE NAMES OF THE PERSONS SELECTED BY THE COMMITTEE TO FILL VACAN-
 CIES OR A CERTIFIED COPY OF THE PARTY RULE EMPOWERING SUCH COMMITTEE  TO
 FILL VACANCIES.
   6. NO PERSON MAY BE DESIGNATED BY A COUNTY COMMITTEE FOR MORE THAN ONE
 OFFICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
   7.  PARTY DESIGNATION OF A CANDIDATE FOR ANY OFFICE CONTAINED WITHIN A
 COUNTY SHALL BE DESIGNATED BY THE COUNTY COMMITTEE MEMBERS  REPRESENTING
 THE  POLITICAL  SUBDIVISION  OF  SUCH OFFICE, IF THE PARTY RULES OF SUCH
 COUNTY SO PROVIDE.
   8. A CANDIDATE FOR OFFICE FROM A DISTRICT WHICH CROSSES  COUNTY  LINES
 SHALL  BE  DESIGNATED BY THE COUNTY COMMITTEE MEMBERS FROM SUCH DISTRICT
 IF THE RULES OF THE COUNTY COMMITTEES OF EACH SUCH COUNTY SHALL  ALL  SO
 PROVIDE.
   § 2. Subdivision 1 of section 1-106 of the election law, as amended by
 chapter 700 of the laws of 1977, is amended to read as follows:
   1.  All papers required to be filed pursuant to the provisions of this
 chapter shall, unless otherwise provided, be filed between the hours  of
 nine  A.M.  and  five  P.M.  If  the last day for filing shall fall on a
 Saturday, Sunday or legal holiday, the next business  day  shall  become
 the  last  day  for filing. All papers sent by mail in an envelope post-
 marked prior to midnight of the last day of filing shall be deemed time-
 ly filed and accepted for filing when received, except THAT ALL  CERTIF-
 ICATES  AND  PETITIONS  OF  DESIGNATION  OR  NOMINATION, CERTIFICATES OF
 ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS OR  NOMINATIONS,  CERTIF-
 ICATES  OF  AUTHORIZATION  FOR SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
 ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
 NATIONS OR NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS  OF  OBJECTIONS
 TO  SUCH  CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH THE STATE
 BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE  CITY  OF  NEW
 YORK  SHALL  BE  DEEMED  TIMELY FILED AND ACCEPTED FOR FILING IF SENT BY
 MAIL OR OVERNIGHT DELIVERY SERVICE PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION, AND RECEIVED NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY
 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

 S. 8410                             3
 
 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.
   § 3. Subdivision 1 of section 4-104 of the election law, as amended by
 chapter 180 of the laws of 2005, is amended to read as follows:
   1.  Every  board  of  elections shall, in consultation with each city,
 town and village, designate the polling places in each election district
 in which the meetings for  the  registration  of  voters,  and  for  any
 election  may  be  held.  The board of trustees of each village in which
 general  and  special  village  elections  conducted  by  the  board  of
 elections  are  held at a time other than the time of a general election
 shall submit such a list of polling places for such village elections to
 the board of elections. A polling place may be  located  in  a  building
 owned  by  a religious organization or used by it as a place of worship.
 If such a building is designated as a polling place,  it  shall  not  be
 required  to  be  open for voter registration on any Saturday if this is
 contrary to the religious beliefs of the religious organization. In such
 a situation,  the  board  of  elections  shall  designate  an  alternate
 location  to be used for voter registration. Such polling places must be
 designated by [May first] MARCH FIFTEENTH, of each year,  and  shall  be
 effective  for one year thereafter. Such a list required to be submitted
 by a village board of trustees must be submitted at  least  four  months
 before  each  general village election and shall be effective until four
 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.
   § 4. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
 vision 2 as amended by chapter 635 of the laws of 1990, are  amended  to
 read as follows:
   1.  The  state board of elections shall, [at least eight months before
 each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election,  make  and
 transmit to the board of elections of each county, a certificate stating
 each  office,  except county, city, village and town offices to be voted
 for at such election in such county.
   2. Each county, city, village and town clerk, [at least  eight  months
 before  each]  BY  FEBRUARY  FIRST IN THE YEAR OF EACH general election,
 shall make and transmit to the board of elections a certificate  stating
 each  county, city, village or town office, respectively to be voted for
 at each such election. Each village clerk, at least five  months  before
 each general village election conducted by the board of elections, shall
 make,  and  transmit  to  such board, a certificate stating each village
 office to be filled at such election.
   § 5. Paragraph b of subdivision 1 of section  4-108  of  the  election
 law,  as  amended by chapter 117 of the laws of 1985, is amended to read
 as follows:
   b. Whenever any proposal, proposition or referendum as provided by law
 is to be submitted to a vote of the people  of  a  county,  city,  town,
 village  or  special  district, at an election conducted by the board of

 S. 8410                             4
 
 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.
   §  6.  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.
   § 7. Subdivision 1 of section 4-112 of the election law, as amended by
 chapter 4 of the laws of 2011, is amended to read as follows:
   1. The state board of elections, not later  than  [thirty-six]  FIFTY-
 FIVE  days  before  a  general  election,  or  fifty-three days before a
 special election, shall certify to each county board  of  elections  the
 name  and residence of each candidate nominated in any valid certificate
 filed with it or by the returns canvassed by it, the title of the office
 for which nominated; the name of the party or body specified of which he
 OR SHE is a candidate; the emblem chosen to distinguish  the  candidates
 of the party or body; and a notation as to whether or not any litigation
 is  pending  concerning  the  candidacy. Upon the completion of any such
 litigation, the state board of  elections  shall  forthwith  notify  the
 appropriate  county  boards  of  elections  of the results of such liti-
 gation.
   § 8. 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.
   § 9. Subdivision 1 of section 4-117 of the election law, as amended by
 chapter 3 of the laws of 2018, 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

 S. 8410                             5
 
 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 primary
 will not be held on the first Tuesday after the second Monday in Septem-
 ber, the communication shall contain a conspicuous notice in all capital
 letters and bold font notifying the voter of the primary date.   If  the
 location of the polling place for the voter's election district has been
 moved,  the  communication  shall  contain  the following legend in bold
 type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE  AT..........".
 The  communication  shall  also  indicate  whether  the polling place is
 accessible to physically disabled voters, that a voter who will  be  out
 of the city or county on the day of the primary or general election or a
 voter  who  is ill or physically disabled may obtain an absentee ballot,
 that a physically disabled voter whose polling place is  not  accessible
 may  request that his OR HER registration record be moved to an election
 district which has a polling place which is accessible, the phone number
 to call for applications to move a registration record or  for  absentee
 ballot applications, the phone number to call for the location of regis-
 tration  and  polling  places, the phone number to call to indicate that
 the voter is willing to serve on election day as an election  inspector,
 poll clerk, interpreter or in other capacities, the phone number to call
 to obtain an application for registration by mail, and such other infor-
 mation  concerning  the  elections  or  registration  as  the  board may
 include. In lieu of  sending  such  communication  to  every  registered
 voter,  the  board  of  elections  may  send a single communication to a
 household containing more than one registered voter, provided  that  the
 names  of all such voters appear as part of the address on such communi-
 cation.
   § 10. Subdivision 1 of section 5-604 of the election law,  as  amended
 by chapter 28 of the laws of 2010, is amended to read as follows:
   1.  The  board  of elections shall also cause to be published for each
 election district a complete list  of  the  registered  voters  of  each
 election  district.  Such  list  shall,  in  addition to the information
 required for registration lists, include the party  enrollment  of  each
 voter.  At  least  as  many copies of such list shall be prepared as the
 required minimum number of registration lists.
   Lists for all the election districts in a ward  or  assembly  district
 may  be  bound together in one volume. The board of elections shall also
 cause to be published a complete list of names and  residence  addresses
 of  the registered voters, including the party enrollment of each voter,
 for each town and city over which the board has jurisdiction. The  names
 for each town and city may be arranged according to street and number or
 alphabetically.  Such  lists  shall be published before the first day of
 [April] FEBRUARY.  The board shall keep at least five copies for  public
 inspection  at  each  main office or branch office of the board. Surplus
 copies of the lists shall be sold at a charge not exceeding the cost  of
 publication.

 S. 8410                             6
 
   §  11.  Paragraph  a of subdivision 5 of section 5-708 of the election
 law, as added by chapter 659 of the laws of 1994, is amended to read  as
 follows:
   a.  At  least  once each year during the month of [May] FEBRUARY, each
 board of elections shall obtain through the National Change  of  Address
 System,  the  forwarding  address  for  every voter registered with such
 board of elections for whom the United States Postal Service has such  a
 forwarding  address  together  with the name of each such voter whom the
 Postal Service records indicate has moved from the address at  which  he
 is registered without leaving a forwarding address.
   §  12.  Subdivision 1 of section 6-108 of the election law, as amended
 by chapter 160 of the laws of 1996, is amended to read as follows:
   1. In any town in a county having a population of over  seven  hundred
 fifty  thousand inhabitants, as shown by the latest federal decennial or
 special population census, party  nominations  of  candidates  for  town
 offices  shall  be  made  at  the primary preceding the election. In any
 other town, nominations of candidates for town offices shall be made  by
 caucus  or  primary  election as the rules of the county committee shall
 provide, except that the members of the county committee from a town may
 adopt by a two-thirds vote, a rule providing that the  party  candidates
 for  town  offices shall be nominated at the primary election. If a rule
 adopted by the county committee of a political party or by  the  members
 of  the county committee from a town, provides that party candidates for
 town offices, shall be nominated at a primary election, such rule  shall
 not  apply  to  nor  affect a primary held less than four months after a
 certified copy of the rule shall have  been  filed  with  the  board  of
 elections.  After  the filing of such a rule, the rule shall continue in
 force until a certified copy of a rule revoking the same shall have been
 filed with such board at least four months before a subsequent  primary.
 Such  a  caucus  shall  be  held  no earlier than the first day on which
 designating petitions for the [fall] primary election may be signed.
   § 13. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
 amended  by  chapter  434  of  the  laws of 1984, are amended to read as
 follows:
   1. The name of a person designated on more  than  one  petition  as  a
 candidate for a party position to be filled by two or more persons shall
 be  printed on the ballot with the group of candidates designated by the
 petition first filed unless such person, in a certificate duly  acknowl-
 edged by him OR HER and filed with the board of elections not later than
 the  [eighth]  TENTH Tuesday preceding the primary election or five days
 after the board of elections mails such person  notice  of  his  OR  HER
 designation in more than one group, whichever is later, specifies anoth-
 er group in which his OR HER name shall be printed.
   2.  A  person  designated as a candidate for the position of member of
 the county committee in more than one election district shall be  deemed
 to  have been designated in the lowest numbered election district unless
 such person, in a certificate duly acknowledged by him OR HER, and filed
 with the board of elections not later than the  [eighth]  TENTH  Tuesday
 preceding the primary election or five days after the board of elections
 mails  such  person  notice  of  his OR HER designation in more than one
 election district whichever is later, specifies that he OR SHE wishes to
 be deemed designated in a different election district.
   § 14. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
 the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
 of  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws

 S. 8410                             7
 
 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-SIX days after the [fall] primary election, and (D) except still
 further  that  a  certificate  of  party  nomination  made at a judicial
 district convention shall be filed not later than the day after the last
 day to hold such convention and the minutes  of  such  convention,  duly
 certified  by the chairman and secretary, shall be filed within seventy-
 two hours after adjournment of the convention. A  certificate  of  party
 nomination  for  an  office  to be filled at a special election shall be
 filed not later than ten days following the issuance of  a  proclamation
 of such election.
   9. A petition for an independent nomination for an office to be filled
 at  the  time  of  a  general  election  shall be filed not earlier than
 [twelve] TWENTY-FOUR weeks and  not  later  than  [eleven]  TWENTY-THREE
 weeks  preceding such election. A petition for an independent nomination
 for an office to be filled at a special  election  shall  be  filed  not
 later  than twelve days following the issuance of a proclamation of such
 election. [A petition for trustee of the  Long  Island  Power  Authority
 shall be filed not earlier than seven weeks and not later than six weeks
 preceding the day of the election of such trustees.]
   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

 S. 8410                             8
 
 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.
   § 15. 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].
   § 16. Subdivision 1 of section 9-200 of the election law,  as  amended
 by chapter 250 of the laws of 1984, is amended to read as follows:
   1.  The  board  of  elections  shall  canvass  the  returns of primary
 elections filed with it. It shall canvass first the votes of the  deleg-
 ates  and  alternates to judicial district conventions and complete such
 canvass at the earliest time possible. It  shall  complete  the  canvass
 otherwise within [nine] THIRTEEN days from the day upon which the prima-
 ry  election is held. Upon the completion of the canvass the board shall
 make and file in its office tabulated statements, signed by the  members
 of such board or a majority thereof, of the number of votes cast for all
 the  candidates  for nomination to each public office or for election to
 each party position, and the number of votes cast for each  such  candi-
 date. The candidate receiving the highest number of votes for nomination
 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 OR HER 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 OR HER a certificate of election.
   § 17. 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

 S. 8410                             9
 
 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.
   § 18. Subdivision 1 of section 9-211 of the election law,  as  amended
 by chapter 515 of the laws of 2015, is amended to read as follows:
   1.  Within  fifteen days after each general or special election, [and]
 within [seven] THIRTEEN days after  every  primary  [or]  ELECTION,  AND
 WITHIN SEVEN DAYS AFTER EVERY village election conducted by the board of
 elections, the board of elections or a bipartisan committee appointed by
 such  board  shall  audit  the voter verifiable audit records from three
 percent of voting machines or systems within the  jurisdiction  of  such
 board. Such audits may be performed manually or via the use of any auto-
 mated tool authorized for such use by the state board of elections which
 is  independent from the voting system it is being used to audit. Voting
 machines or systems shall be selected for audit through a random, manual
 process. At least five days prior to the time fixed for  such  selection
 process, the board of elections shall send notice by first class mail to
 each  candidate,  political  party and independent body entitled to have
 had watchers present at the polls  in  any  election  district  in  such
 board's  jurisdiction.  Such notice shall state the time and place fixed
 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.
   § 19. 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

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 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.
   §  20. Subdivision 4 of section 11-204 of the election law, as amended
 by chapter 4 of the laws of 2011, is amended to read as follows:
   4. If the board of elections shall determine that the applicant making
 the application provided for in this section is qualified to receive and
 vote a special federal ballot, it shall, as soon as practicable after it
 shall have so determined, or not later than [thirty-two] FORTY-SIX  days
 before  each  general  or  primary  election [and forty-five days before
 each] OR special election in which such applicant is qualified to  vote,
 or  three days after receipt of such an application, whichever is later,
 mail to him or her at the residence address outside  the  United  States
 shown  in  his  or  her  application, a special federal ballot, an inner
 affirmation envelope and an outer envelope, or otherwise distribute same
 to the voter in accordance with the  preferred  method  of  transmission
 designated  by  the  voter pursuant to section 11-203 of this title. The
 board of elections shall also mail, or otherwise distribute  in  accord-
 ance  with  the preferred method of transmission designated by the voter
 pursuant to section 11-203 of this title, a special  federal  ballot  to
 every  qualified special federal voter who is already registered and who
 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.
   § 21. 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:

 S. 8410                            11
 
   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.
   § 22. 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.
   §  23.  Subdivisions 1 and 4 of section 42 of the public officers law,
 subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
 sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
 read as follows:
   1.  A  vacancy  occurring THREE MONTHS before [September twentieth of]
 THE GENERAL ELECTION IN any year in any office authorized to  be  filled
 at  a general election, except in the offices of governor or lieutenant-
 governor, shall be filled at the general election held next  thereafter,
 unless  otherwise  provided  by  the  constitution, or unless previously
 filled at a special election.
   4. A special election shall not be held  to  fill  a  vacancy  in  the
 office  of a representative in congress unless such vacancy occurs on or
 before the first day of July of the last year of the term of office,  or
 unless  it occurs thereafter and a special session of congress is called
 to meet before the next general election, or be called after  [September
 nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN such year;
 nor to fill a vacancy in the office of state senator or in the office of
 member of assembly, unless the vacancy occurs before the  first  day  of
 April  of  the  last  year  of the term of office, or unless the vacancy
 occurs in either such office of senator or member of assembly after such
 first day of April and a special session of the legislature be called to
 meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
 CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
 after September nineteenth] in such year. If a special election to  fill
 an  office  shall  not  be  held as required by law, the office shall be
 filled at the next general election.
   § 24. This act shall take effect immediately and shall  apply  to  all
 applicable  elections held on or after such date, provided that sections
 two through twenty-three of this act shall take effect January 1, 2019.