S T A T E   O F   N E W   Y O R K
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                                   6374
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2019
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the election law, in relation to the conducting  of  the
   presidential  primary,  to  provide for the election of delegates to a
   national party convention or a national party conference in 2020,  and
   the  "Presidential"  and  "June"  primary  in  such year; to amend the
   election law, in relation to electing delegates to  a  national  party
   convention; and providing for the repeal of such provisions upon expi-
   ration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1  of  section  8-100  of  the
 election law, as amended by chapter 5 of the laws of 2019, is amended to
 read as follows:
   (a)  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.    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 nomi-
 nations for public office required to be made at a primary  election  in
 such year shall be made at such primary. In [each] THE year TWO THOUSAND
 TWENTY  in  which electors of president and vice president of the United
 States are to be elected an additional primary election, to be known  as
 the  [spring]  PRESIDENTIAL primary, shall be held on [the first Tuesday
 in February] APRIL TWENTY-EIGHT, TWO THOUSAND  TWENTY  unless  otherwise
 changed by an act of the legislature, for the purpose of electing deleg-
 ates AND ALTERNATE DELEGATES to the national convention.
   §  2. Notwithstanding any inconsistent provisions of the election law,
 a rule or resolution of a state committee providing for the selection of
 delegates and alternate delegates to  a  national  party  convention  or
 national  party  conference in the year 2020 shall select either section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11640-03-9

 S. 6374                             2
 
 three or section four of this act in order to conform to the rules of  a
 national committee. A certified copy of such rule or resolution shall be
 filed  with  the  state board of elections no later than 22 weeks before
 the presidential primary.
   §  3.  The  election law is amended by adding a new section 2-122-a to
 read as follows:
   § 2-122-A. NATIONAL CONVENTION; NATIONAL PARTY  CONFERENCE.    1.  THE
 RULES  OF  THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT THE DELEGATES
 AND ALTERNATE DELEGATES TO  A  NATIONAL  CONVENTION  OR  NATIONAL  PARTY
 CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
   A.  BY  VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE OFFICE
 OF PRESIDENT OF THE UNITED STATES IN WHICH THE NAMES OF  CANDIDATES  FOR
 SUCH OFFICE APPEAR ON THE BALLOT;
   B.  BY  VOTES  CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE POSI-
 TIONS OF DELEGATE AND ALTERNATE DELEGATE TO  A  NATIONAL  CONVENTION  IN
 DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
   C.  BY  THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE AT A
 MEETING OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE  PARTY
 MAY PROVIDE.
   2.  IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
 PROVISIONS OF THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN  WHICH  THE
 OFFICE  OF  PRESIDENT OF THE UNITED STATES APPEARS ON THE BALLOT, DESIG-
 NATION OF CANDIDATES FOR SUCH OFFICE  SHALL  BE  MADE  PURSUANT  TO  THE
 PROVISIONS  OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH CANDIDATES
 NEED NOT BE CITIZENS OF  NEW  YORK  BUT  ONLY  CITIZENS  OF  THE  UNITED
 STATES),  6-130,  6-132  (EXCEPT  THAT REFERENCES TO A COMMITTEE TO FILL
 VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
 6-134, 6-144, THE PROVISIONS WITH RESPECT TO  DECLINATIONS  IN  SUBDIVI-
 SIONS  ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A COMMIT-
 TEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES  TO  A  COMMITTEE  TO
 RECEIVE  NOTICES),  6-154,  AND  SUBDIVISION  ONE AND THE PROVISION WITH
 RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
 SUCH CANDIDATES MAY DECLINE SUCH DESIGNATIONS NOT  LATER  THAN  FEBRUARY
 TENTH,  TWO  THOUSAND  TWENTY)  OF  THIS  CHAPTER.  THE  STATE  BOARD OF
 ELECTIONS SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS  OF
 ELECTIONS OF ANY SUCH DECLINATION FILED.
   3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
 OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
 STATE  IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE THOU-
 SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
 WHICH THE OFFICE OF THE PRESIDENT OF THE UNITED STATES  APPEARS  ON  THE
 BALLOT,  IN  ADDITION  TO THE SPACES ON THE BALLOT WITH THE NAMES OF THE
 CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
 "UNCOMMITTED".  THE "UNCOMMITTED" SPACE SHALL BE LISTED  ON  THE  BALLOT
 PROVIDED  THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE WHICH
 MEETS THE SAME REQUIREMENTS AS A PETITION DESIGNATING  A  CANDIDATE  FOR
 THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
 AS IS REQUIRED FOR SUCH A PETITION.
   5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
 LISTED  ON  THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE OF PRESIDENT
 OF THE UNITED STATES HELD PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION
 SHALL BE SUBSTANTIALLY AS FOLLOWS:
   I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF
 THE .................... PARTY  AND ENTITLED TO VOTE AT THE NEXT PRIMARY
 ELECTION   OF   SUCH   PARTY   TO   BE   HELD   ON   THE ...... DAY   OF

 S. 6374                             3
 
 ............... 20...,  THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO-
 SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN  "UNCOMMITTED"
 SPACE  BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR
 THE OFFICE OF PRESIDENT OF THE UNITED STATES.
   B.  THE  APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE IN THE
 FORM PRESCRIBED FOR A PETITION FOR AN OPPORTUNITY TO BALLOT.  THE SIGNA-
 TURES ON THE PETITION WITH ALL THE REQUIRED INFORMATION AND  THE  SIGNED
 STATEMENT  OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO TAKE
 OATHS SHALL BE IN THE FORM PRESCRIBED FOR  A  DESIGNATING  PETITION  FOR
 SUCH OFFICE.
   6.  A.  IF  THE  RULES  OF  A STATE COMMITTEE, ADOPTED PURSUANT TO THE
 PROVISIONS OF THIS SECTION, PROVIDE THAT THE POSITIONS OF  DELEGATE  AND
 ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
 NATION  OF  CANDIDATES  FOR SUCH POSITIONS SHALL BE MADE PURSUANT TO THE
 PROVISIONS OF SECTIONS 6-100, 6-118, 6-122, 6-130,  6-132  (EXCEPT  THAT
 REFERENCES  TO  A COMMITTEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES
 TO A COMMITTEE TO RECEIVE NOTICES), 6-134, 6-144,  THE  PROVISIONS  WITH
 RESPECT  TO  DECLINATIONS  IN  SUBDIVISIONS ONE AND TWO OF SECTION 6-146
 (EXCEPT THAT   REFERENCES TO A COMMITTEE  TO  FILL  VACANCIES  SHALL  BE
 DEEMED  REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154, AND
 SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
 VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
   B. CANDIDATES FOR THE POSITIONS OF  DISTRICT  DELEGATE  AND  ALTERNATE
 DISTRICT  DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO THE
 PROVISIONS OF THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH  PARTY  AND
 RESIDENTS  OF  THE  DISTRICT  IN WHICH THEY ARE CANDIDATES. THE BOARD OF
 ELECTIONS WITH WHICH A PETITION IS FILED SHALL  CONDUCT  A  PRIMA  FACIE
 REVIEW  OF THE ENROLLMENT STATUS OF CANDIDATES FOR DISTRICT DELEGATE AND
 ALTERNATE DISTRICT  DELEGATE  TO  DETERMINE  BALLOT  ELIGIBILITY.    THE
 CONGRESSIONAL  DISTRICTS  USED  FOR  THE  ELECTION OF SUCH DELEGATES AND
 ALTERNATE DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOU-
 SAND EIGHTEEN CONGRESSIONAL ELECTIONS.
   C. DESIGNATING PETITIONS FOR CANDIDATES FOR  SUCH  POSITIONS  MUST  BE
 SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN
 THE  DISTRICT  IN  WHICH  SUCH CANDIDATES ARE DESIGNATED, OR BY AT LEAST
 ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY
 IN SUCH DISTRICT, WHICHEVER IS LESS. SUCH PETITION SIGNATURE REQUIREMENT
 SHALL BE COMPUTED USING THE OFFICIAL FEBRUARY FIRST, TWO THOUSAND  NINE-
 TEEN ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
   D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL
 HAVE  PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO, A
 LEGEND NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  SUCH  CANDIDATES  ARE
 PLEDGED  TO  SUPPORT,  OR A LEGEND THAT SUCH CANDIDATES ARE UNCOMMITTED.
 SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION.
   E. NO DESIGNATING PETITION CONTAINING  THE  NAMES  OF  MORE  THAN  ONE
 CANDIDATE  FOR  EITHER  SUCH POSITION SHALL BE VALID UNDER THIS SECTION,
 FOR PURPOSES OF DELEGATES  AND  ALTERNATE  DELEGATES,  UNLESS  ALL  SUCH
 CANDIDATES  FOR  SUCH POSITIONS HAVE PRINTED ON SUCH PETITION THE LEGEND
 THAT THEY ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR  UNLESS  ALL
 SUCH  CANDIDATES  FOR  SUCH  POSITIONS HAVE PRINTED ON SUCH PETITION THE
 LEGEND THAT THEY ARE UNCOMMITTED.
   F. ON THE DESIGNATING  PETITION  SHALL  APPEAR,  IN  PARENTHESIS,  THE
 LETTER  (M)  IF  THE CANDIDATE IDENTIFIES AS MALE, THE LETTER (F) IF THE
 CANDIDATE IDENTIFIES AS FEMALE OR THE  LETTERS  (NB)  IF  THE  CANDIDATE
 IDENTIFIES  AS  NON-BINARY. NO DESIGNATING PETITION CONTAINING THE NAMES
 OF MORE THAN ONE CANDIDATE FOR EITHER SUCH POSITION  SHALL  BE  PRESUMP-

 S. 6374                             4
 
 TIVELY  VALID  UNLESS  AMONG THE CANDIDATES FOR DELEGATE AS A GROUP, AND
 AMONG THE CANDIDATES FOR ALTERNATE AS A GROUP, THE VARIANCE WITHIN  EACH
 GROUP  BETWEEN THOSE IDENTIFYING AS MALE AND THOSE IDENTIFYING AS FEMALE
 SHALL BE NO GREATER THAN ONE.
   G.  IN  THE  EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES
 FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE
 OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE,  OR  THE
 WORD  UNCOMMITTED,  WILL  NOT  APPEAR  ON THE BALLOT AT THE PRESIDENTIAL
 PRIMARY ELECTION IN TWO THOUSAND TWENTY, THEN THE  PETITION  DESIGNATING
 SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
 OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
   H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
 PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
 DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
 BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
 COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
 TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
 CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
 PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
 ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
 TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
 SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
 ELECTIONS BY ELECTRONIC TRANSMISSION.
   7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
 PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
 TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
 PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
 TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
 CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
 HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
 OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
 IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
 PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
 DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND  GENDER  OF  EACH
 SUCH  CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN
 WHICH SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
   B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
 COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
 PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
 FILED, NOT LATER THAN FEBRUARY EIGHTEENTH, TWO THOUSAND TWENTY.
   C.  IN  THE  EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH
 POSITIONS, LISTED  AS  PLEDGED  TO  SUPPORT  A  PRESIDENTIAL  CANDIDATE,
 CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY
 SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU-
 ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES
 SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH
 PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR
 ON  THE  BALLOT  SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI-
 DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID.
   D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF  THE  CERTIFICATE
 REQUIRED  BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE
 COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE  PROVISIONS
 OF  THIS SECTION NOT LATER THAN MARCH FOURTH, TWO THOUSAND TWENTY. EVERY
 OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS  FOR  DELEGATE
 AND  ALTERNATE  DELEGATE  WERE  FILED PURSUANT TO THE PROVISIONS OF THIS
 SECTION SHALL, NOT LATER THAN MARCH FIFTH, TWO THOUSAND TWENTY,  SEND  A

 S. 6374                             5
 
 LIST  OF  THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO WILL APPEAR ON
 THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.
   8.  A.  IF  THE  RULES  OF  A  STATE COMMITTEE ADOPTED PURSUANT TO THE
 PROVISIONS OF THIS SECTION PROVIDE FOR AN ELECTION IN  WHICH  CANDIDATES
 FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT-
 TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE
 TO  A  NATIONAL  CONVENTION  APPEAR  ON THE BALLOT, SUCH BALLOT SHALL BE
 ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION.
   B. THE NAME OF EACH CANDIDATE FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
 UNITED  STATES  WHO  HAS  QUALIFIED TO APPEAR ON THE BALLOT AND THE WORD
 "UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE
 BALLOT WAS FILED WITH THE STATE BOARD OF ELECTIONS, SHALL  APPEAR  IN  A
 SEPARATE  ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE TO
 A NATIONAL CONVENTION  WHO  FILED  DESIGNATING  PETITIONS  CONTAINING  A
 LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE PLEDGED TO
 SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW
 OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL
 CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI-
 DATES  FOR  ALTERNATE  DELEGATE  TO  SUCH  CONVENTION  WHO  FILED   SUCH
 PETITIONS.  IF  THE  NUMBER  OF  CANDIDATES, OR GROUPS OF CANDIDATES FOR
 DELEGATE AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A  PARTICULAR
 PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER
 WHO  MAY  BE  LISTED  IN ONE ROW OR COLUMN AND IF THERE ARE MORE ROWS OR
 COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR
 PRESIDENT WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD  OF
 ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES
 OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE.
   C.  THE  ORDER  OF THE NAMES OF CANDIDATES FOR THE OFFICE OF PRESIDENT
 AND THE WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE  NAMES  OF
 CANDIDATES  FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN A
 PARTICULAR ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE  PROVISIONS
 OF  SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT NAMES
 OF CANDIDATES FOR  SUCH  POSITIONS  WHO  ARE  DESIGNATED  BY  INDIVIDUAL
 PETITIONS  AND  NOT  IN A GROUP SHALL HAVE THEIR POSITIONS DETERMINED BY
 LOT IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES  OR
 GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY
 THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH
 DETERMINATION  BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH SECTION
 7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT
 TO THE PROVISIONS OF THIS SECTION.
   D. IMMEDIATELY FOLLOWING THE NAME OF EACH CANDIDATE FOR  DELEGATE  AND
 ALTERNATE  DELEGATE  ON  THE  BALLOT  SHALL  APPEAR, IN PARENTHESIS, THE
 LETTER (M) IF SUCH CANDIDATE IDENTIFIES AS MALE, THE LETTER (F) IF  SUCH
 CANDIDATE  IDENTIFIES  AS  FEMALE, OR THE LETTERS (NB) IF SUCH CANDIDATE
 IDENTIFIES AS NON-BINARY.
   9. ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF  THIS
 SECTION SHALL USE ONLY VOTING SYSTEMS AUTHORIZED BY TITLE TWO OF ARTICLE
 SEVEN OF THIS CHAPTER.
   10.  PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS CHAP-
 TER SHALL BE ENTITLED TO SIGN DESIGNATING PETITIONS FOR,  AND  VOTE  IN,
 ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION.
   11.  IF  THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION
 IN WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE  POSITIONS
 OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON
 THE BALLOT PURSUANT TO THE PROVISIONS OF THIS SECTION, THE  STATE  BOARD
 OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL

 S. 6374                             6
 
 CANVASS  THE  RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE AND POSI-
 TIONS PURSUANT TO THE PROVISIONS OF SECTIONS 9-200  AND  9-202  OF  THIS
 CHAPTER,  AND  SHALL  CERTIFY TO THE SECRETARY OF THE STATE COMMITTEE OF
 SUCH  PARTY  THE VOTES CAST FOR EACH CANDIDATE FOR SUCH OFFICE AND POSI-
 TIONS IN SUCH PRIMARY ELECTION AND THE VOTES CAST FOR THE  "UNCOMMITTED"
 PREFERENCE,  TALLIED  SEPARATELY BY CONGRESSIONAL DISTRICTS, EXCEPT THAT
 NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED
 OR ELECTED TO ANY SUCH OFFICE OR POSITION.
   12. EXCEPT AS PROVIDED IN THIS  SECTION  AND  PARTY  RULES  AND  REGU-
 LATIONS,  ALL  PROVISIONS  OF THE ELECTION LAW, EXCEPT ANY PROVISIONS OF
 SECTION 2-122 OF THIS ARTICLE WHICH ARE INCONSISTENT WITH  THIS  SECTION
 AND  THOSE  SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS CHAPTER NOT
 SPECIFIED IN THIS SECTION, SHALL APPLY TO ELECTIONS  CONDUCTED  PURSUANT
 TO THIS SECTION.
   §  4.  The  election law is amended by adding a new section 2-122-b to
 read as follows:
   § 2-122-B. PRESIDENTIAL PRIMARY. 1. APPLICABILITY.  THE  SELECTION  OF
 DELEGATES  AND  ALTERNATE  DELEGATES FROM NEW YORK STATE TO THE NATIONAL
 CONVENTION OF THE REPUBLICAN PARTY IN EACH YEAR  IN  WHICH  ELECTORS  OF
 PRESIDENT  AND  VICE-PRESIDENT  OF  THE  UNITED STATES ARE TO BE ELECTED
 SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
 COMMITTEE OF ANY OTHER POLITICAL PARTY MAY, BY RULE OR  RESOLUTION,  OPT
 TO  CONDUCT  THE  SELECTION  OF DELEGATES AND ALTERNATE DELEGATES IN ANY
 SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
 COPY OF SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE  BOARD  OF
 ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
   2. GENERAL PROVISIONS. THE SELECTION OF DELEGATES AND ALTERNATE DELEG-
 ATES  TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY PURSU-
 ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
 PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
 UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
 THE  BALLOT  AND  THE  NAMES OF DELEGATES AND ALTERNATE DELEGATES DO NOT
 APPEAR ON SUCH BALLOT.  ALL  DELEGATES  AND  ALTERNATE  DELEGATES  TO  A
 NATIONAL  CONVENTION  OR  CONFERENCE  OF A POLITICAL PARTY FROM NEW YORK
 STATE SHALL BE ALLOCATED TO THE CANDIDATE RECEIVING THE GREATEST  NUMBER
 OF  VOTES AT SUCH PRESIDENTIAL PRIMARY ELECTION. A POLITICAL PARTY SHALL
 CERTIFY TO THE STATE BOARD OF ELECTIONS, AT LEAST SIXTEEN WEEKS PRIOR TO
 THE DATE OF THE PRESIDENTIAL PRIMARY, THE NUMBER OF DELEGATES  TO  WHICH
 SUCH  PARTY  IS  ENTITLED  PURSUANT TO ITS RULES. AT-LARGE DELEGATES AND
 ALTERNATE DELEGATES SHALL BE SELECTED BY  THE  STATE  COMMITTEE  OF  THE
 POLITICAL  PARTY  IN ACCORDANCE WITH THE RULES OF THE NATIONAL COMMITTEE
 OF SUCH PARTY AND SHALL  BE  ALLOCATED  TO  THE  PRESIDENTIAL  CANDIDATE
 RECEIVING  THE  GREATEST  NUMBER  OF VOTES AT THE STATEWIDE PRESIDENTIAL
 PRIMARY ELECTION.
   3. BALLOT ACCESS METHODS. CANDIDATES SHALL BE ELIGIBLE  TO  APPEAR  ON
 THE  BALLOT  IN A PRESIDENTIAL PRIMARY ELECTION OF A POLITICAL PARTY FOR
 THE OFFICE OF PRESIDENT OF THE UNITED STATES  PURSUANT  TO  ANY  OF  THE
 FOLLOWING PROVISIONS:
   A.  ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE PRESI-
 DENTIAL PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF  11
 CODE  OF  FEDERAL  REGULATIONS PART 9033, OR ANY CANDIDATE WHO MEETS THE
 ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11
 CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH
 CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST,
 BY CERTIFICATE FILED AND RECEIVED BY THE STATE  BOARD  OF  ELECTIONS  NO
 SOONER  THAN  SIXTEEN  WEEKS  AND NOT LATER THAN NINE WEEKS PRIOR TO THE

 S. 6374                             7
 
 DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE APPEAR
 ON THE BALLOT AT THE PRIMARY OF SUCH PARTY IN THE STATE OF NEW YORK  FOR
 THAT YEAR.
   B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE
 STATE BOARD OF ELECTIONS NO SOONER THAN SIXTEEN WEEKS AND NOT LATER THAN
 NINE  WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME
 OF SUCH CANDIDATE APPEAR ON THE BALLOT AT THE  PRESIDENTIAL  PRIMARY  OF
 SUCH  PARTY  IN THE STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE
 UNITED STATES. SUCH CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE  BALLOT
 OF  SUCH  PARTY  IN  THE  STATE  OF NEW YORK AT THE PRESIDENTIAL PRIMARY
 ELECTION FOR THAT YEAR IF THE STATE BOARD OF ELECTIONS  DETERMINES  THAT
 THE PERSON IS A NATIONALLY KNOWN AND RECOGNIZED CANDIDATE AND THE CANDI-
 DACY  OF SUCH PERSON FOR THE PARTY NOMINATION FOR PRESIDENT IS GENERALLY
 AND SERIOUSLY ADVOCATED  OR  RECOGNIZED  ACCORDING  TO  REPORTS  IN  THE
 NATIONAL   OR  STATE  NEWS  MEDIA.    NOTWITHSTANDING  ANY  INCONSISTENT
 PROVISION OF LAW TO THE CONTRARY, A REQUEST BY A CANDIDATE TO APPEAR  ON
 THE  PRESIDENTIAL  PRIMARY  BALLOT  OF  A MAJOR POLITICAL PARTY SHALL BE
 DETERMINED SOLELY BY THE COMMISSIONERS OF THE STATE BOARD  OF  ELECTIONS
 WHO HAVE BEEN APPOINTED ON THE RECOMMENDATION OF SUCH POLITICAL PARTY OR
 THE  LEGISLATIVE  LEADERS  OF SUCH POLITICAL PARTY, AND NO OTHER COMMIS-
 SIONER OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH  DETER-
 MINATION.  THE  STATE BOARD OF ELECTIONS SHALL ACT UPON ANY SUCH REQUEST
 NO LATER THAN FIFTY-SIX DAYS BEFORE THE PRESIDENTIAL PRIMARY.
   C. ANY CANDIDATE SHALL BE  ELIGIBLE  TO  APPEAR  ON  THE  PRESIDENTIAL
 PRIMARY  BALLOT  PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THIS CHAP-
 TER. DESIGNATING PETITIONS SHALL BE SIGNED BY NOT LESS THAN  FIVE  THOU-
 SAND  OR FIVE PERCENT, WHICHEVER IS LESS, OF THE THEN ENROLLED VOTERS OF
 THE PARTY IN THE STATE.
   D. PRESIDENTIAL CANDIDATES DETERMINED ELIGIBLE TO APPEAR ON THE PRESI-
 DENTIAL PRIMARY BALLOT MAY HAVE THEIR NAME  REMOVED  FROM  SUCH  PRIMARY
 BALLOT  BY  FILING  A  CERTIFICATE WITH THE STATE BOARD OF ELECTIONS AND
 RECEIVED NO LATER THAN FIFTY-SIX  DAYS  BEFORE  SUCH  PRIMARY  ELECTION.
 AFTER  SUCH  DATE  BUT  BEFORE  THE  SEVENTH DAY BEFORE THE PRESIDENTIAL
 PRIMARY, PRESIDENTIAL CANDIDATES MAY FILE A CERTIFICATE WITH  THE  STATE
 BOARD  OF  ELECTIONS DEEMING ANY VOTE FOR SUCH PRESIDENTIAL CANDIDATE TO
 BE A VOID VOTE.
   4. ELECTION OF DELEGATES AND ALTERNATE  DELEGATES  FROM  CONGRESSIONAL
 DISTRICTS.    A.    ANY CANDIDATE ELIGIBLE TO APPEAR ON THE PRESIDENTIAL
 PRIMARY BALLOT PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE  OF  THIS
 SECTION  SHALL  FILE  A  CERTIFICATE  WITH  THE STATE BOARD OF ELECTIONS
 RECEIVED NO LATER THAN NINE WEEKS PRIOR TO THE DATE OF THE  PRESIDENTIAL
 PRIMARY  SETTING FORTH A COMPLETE SLATE OF PROPOSED DELEGATES AND ALTER-
 NATE DELEGATES FOR EACH DELEGATE AND ALTERNATE DELEGATE POSITION  TO  BE
 DETERMINED  BY  THE  STATEWIDE  PRIMARY  ELECTION. THE COMPLETE SLATE OF
 DELEGATES AND ALTERNATE DELEGATES SHALL CONSIST ONLY OF ENROLLED MEMBERS
 OF SUCH POLITICAL PARTY WHO RESIDE IN THE  CONGRESSIONAL  DISTRICT  THEY
 SEEK  TO  REPRESENT AND WHO HAVE COMMITTED TO SUPPORT SUCH CANDIDATE AND
 SHALL BE CONSISTENT WITH THE RULES OF SUCH PARTY, INCLUDING THE RULES OF
 THE NATIONAL PARTY, IF APPLICABLE.  THE STATE BOARD OF  ELECTIONS  SHALL
 REVIEW  EACH  SUCH  SLATE,  AND  IF IT DETERMINES THAT SUCH SLATE IS NOT
 COMPLETE OR IS NOT OTHERWISE IN COMPLIANCE WITH THE PROVISIONS  OF  THIS
 PARAGRAPH,  IT  SHALL  NOTIFY THE CANDIDATE OF ANY DEFECTS FORTHWITH AND
 PROVIDE SUCH CANDIDATE WITH NO LESS THAN THREE BUSINESS DAYS TO CURE ANY
 DEFECTS. A CANDIDATE ELIGIBLE TO APPEAR ON THE BALLOT  PURSUANT  TO  THE
 PROVISIONS  OF  SUBDIVISION  THREE  OF THIS SECTION SHALL APPEAR ON SUCH

 S. 6374                             8
 
 PRESIDENTIAL PRIMARY ELECTION BALLOT ONLY UPON THE  FILING  OF  A  VALID
 CERTIFICATE IN COMPLIANCE WITH THE PROVISIONS OF THIS PARAGRAPH.
   B.  ALL  DELEGATES AND ALTERNATE DELEGATES, OTHER THAN AT-LARGE DELEG-
 ATES SELECTED BY THE STATE COMMITTEE OF  A  POLITICAL  PARTY,  SHALL  BE
 ALLOCATED TO THE PRESIDENTIAL CANDIDATE RECEIVING THE GREATEST NUMBER OF
 VOTES  AT  SUCH  PRESIDENTIAL  PRIMARY ELECTION. SUCH DELEGATE POSITIONS
 SHALL BE FILLED IN ACCORDANCE WITH THE SLATE OF DELEGATES AND  ALTERNATE
 DELEGATES  SET FORTH ON THE CERTIFICATE FILED PURSUANT TO PARAGRAPH A OF
 THIS SUBDIVISION; PROVIDED, HOWEVER, THAT THE STATE BOARD  OF  ELECTIONS
 SHALL  PROVIDE  A  CANDIDATE  WITH  A REASONABLE OPPORTUNITY TO FILL ANY
 DELEGATE OR ALTERNATE DELEGATE POSITIONS THAT HAVE BECOME VACANT  SUBSE-
 QUENT  TO  THE  FILING OF SUCH CERTIFICATE. THE STATE BOARD OF ELECTIONS
 SHALL CERTIFY TO THE CHAIRMAN OF THE STATE COMMITTEE OF SUCH PARTY, EACH
 CANDIDATE AND THE NATIONAL COMMITTEE OF SUCH PARTY THE SLATE  OF  DELEG-
 ATES  AND  ALTERNATE  DELEGATES  ELECTED  AS  A  RESULT  OF  THE PRIMARY
 ELECTION.
   5. ELECTION OF AT-LARGE DELEGATES AND  AT-LARGE  ALTERNATE  DELEGATES.
 AT-LARGE DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE SELECTED BY
 THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE. ALL AT-LARGE DELEGATES AND
 AT-LARGE ALTERNATE DELEGATES SHALL  BE  ALLOCATED  TO  THE  PRESIDENTIAL
 CANDIDATE RECEIVING THE GREATEST NUMBER OF VOTES CAST FOR A PRESIDENTIAL
 CANDIDATE AT THE PRESIDENTIAL PRIMARY ELECTION.
   6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS
 SECTION  SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT TO
 THIS SECTION.
   § 5. Section 6-158 of the election law is  amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  A DESIGNATING PETITION FOR A PRESIDENTIAL PRIMARY ELECTION SHALL
 BE FILED NOT EARLIER THAN THE THIRTEENTH MONDAY BEFORE,  AND  NOT  LATER
 THAN THE TWELFTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
   § 6. Subdivision 6 of section 6-158 of the election law, as amended by
 chapter 5 of the laws of 2019, is amended to read as follows:
   6.  (a)  A  certificate  of  a party nomination made other than at the
 primary election for an office to be filled at the  time  of  a  general
 election shall be filed not later than thirty days after the JUNE prima-
 ry  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 thirty days after the primary
 election or ten days after the creation of such  vacancy,  whichever  is
 later,  and  (c) except, further, that a certificate of party nomination
 of candidates for elector of president and vice-president of the  United
 States  shall  be filed not later than [seventy-four] SEVENTY-THREE days
 after the JUNE 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.
   §  7. Severability.  If any sentence, clause, subparagraph, paragraph,
 subdivision, section or other part of this act, or the application ther-
 eof to any party, person or circumstances shall be held or  adjudged  by
 any court of competent jurisdiction to be invalid, such holding or judg-
 ment shall not affect, impair or invalidate the remainder or any portion
 of the remainder of this act, or the application of such section or part

 S. 6374                             9
 
 of  a  section  held  or  adjudged to be invalid, to any other person or
 circumstances, but shall be confined in its operation to  the  sentence,
 clause,  subparagraph,  paragraph, subdivision, section or other part of
 this  act  directly involved in the controversy in which such holding or
 judgment shall have been rendered, or to the party, person  and  circum-
 stances therein involved.
   §  8.  This  act  shall take effect immediately; provided, however, if
 this act shall have become a law after  July  1,  2019,  it  shall  take
 effect  immediately  and  shall be deemed to have been in full force and
 effect on and after July 1, 2019; provided further that section  six  of
 this act shall take effect December 15, 2019; and provided further, this
 act shall expire December 31, 2020 when upon such date the provisions of
 this act shall be deemed repealed.