S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7690
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2023
                                ___________
 
 Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
   tee on Election Law
 
 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 2024,  and
   the  "Presidential"  and  "June"  primary  in  such year; to amend the
   election law, in relation to electing delegates to  a  national  party
   convention;  to  amend  the election law, in relation to cure affirma-
   tions received by the board of elections; to amend the  election  law,
   in  relation  to  write-in votes for candidates; to amend the election
   law, in relation to ballot envelopes without a postmark; to amend  the
   election  law,  in  relation  to  certificates  to fill a vacancy in a
   designation; to amend the election law, in relation to  canvassing  of
   absentee and affidavit ballots; to amend the election law, in relation
   to  conditions  for full manual recounts of ballots; to repeal certain
   provision of the election law relating to write-in  votes  for  candi-
   dates;   and providing for the repeal of certain 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-FOUR in which electors of president and  vice  president  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11707-05-3
              

 A. 7690                             2
 
 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  SECOND,  TWO  THOUSAND TWENTY-FOUR unless
 otherwise  changed  by  an  act  of  the legislature, for the purpose of
 electing delegates 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 2024 shall select  either  section
 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
 AND INDIVIDUALS APPOINTED TO SUCH COMMITTEE TO RECEIVE NOTICES SHALL NOT
 BE  REQUIRED  TO  FILE  A  CERTIFICATE OF ACCEPTANCE), 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  AND  INDI-
 VIDUALS  APPOINTED  TO  SUCH  COMMITTEE  TO RECEIVE NOTICES SHALL NOT BE
 REQUIRED TO FILE A CERTIFICATE OF ACCEPTANCE), 6-154,  AND  SUBDIVISIONS
 ONE, ONE-B 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 SIXTH, TWO THOUSAND TWENTY-FOUR) 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 FIFTEEN
 THOUSAND 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
 A. 7690                             3
 
 "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
 ............... 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 AND INDIVIDUALS APPOINTED TO SUCH
 COMMITTEE TO RECEIVE NOTICES SHALL NOT BE REQUIRED TO FILE A CERTIFICATE
 OF ACCEPTANCE), 6-134, 6-144, THE PROVISIONS WITH  RESPECT  TO  DECLINA-
 TIONS  IN SUBDIVISIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT  REFER-
 ENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES  TO  A
 COMMITTEE TO RECEIVE NOTICES AND INDIVIDUALS APPOINTED TO SUCH COMMITTEE
 TO  RECEIVE  NOTICES  SHALL  NOT  BE  REQUIRED  TO FILE A CERTIFICATE OF
 ACCEPTANCE), 6-147, 6-154, AND SUBDIVISIONS ONE, ONE-B AND THE PROVISION
 WITH RESPECT TO DECLINATIONS IN SUBDIVISION 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 TWENTY-TWO 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 TWENTY-FIRST, TWO THOUSAND
 TWENTY-THREE ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
 A. 7690                             4
 
   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 LETTER (X) IF THE CANDIDATE IDEN-
 TIFIES AS ANY GENDER OTHER THAN FEMALE OR MALE.  NO DESIGNATING PETITION
 CONTAINING THE NAMES OF MORE THAN ONE CANDIDATE FOR EITHER SUCH POSITION
 SHALL BE PRESUMPTIVELY 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  IDENTIFY-
 ING 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-FOUR, THEN THE  PETITION  DESIG-
 NATING 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
 A. 7690                             5
 
 PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
 FILED, NOT LATER THAN JANUARY TWENTY-THIRD, TWO THOUSAND TWENTY-FOUR.
   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 FEBRUARY EIGHTH, TWO THOUSAND TWENTY-
 FOUR. 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  FEBRUARY  NINTH,  TWO
 THOUSAND  TWENTY-FOUR,  SEND  A 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
 A. 7690                             6
 
 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  LETTER  (X)  IF  SUCH  CANDIDATE
 IDENTIFIES AS ANY GENDER OTHER THAN FEMALE OR MALE.
   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
 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 AWARDING 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.  THE  TOTAL  NUMBER OF DELEGATES AND ALTERNATE
 DELEGATES SHALL BE DETERMINED BY THE CALL FOR THE  NATIONAL  CONVENTION.
 THREE  DELEGATES  AND  THREE  ALTERNATE  DELEGATES SHALL BE AWARDED FROM
 EVERY CONGRESSIONAL DISTRICT IN THE  STATE,  UNLESS  THE  RULES  OF  THE
 NATIONAL  REPUBLICAN  PARTY  AND/OR THE CALL FOR THE NATIONAL CONVENTION
 A. 7690                             7
 
 PROVIDE DIFFERENTLY. THE TOTAL NUMBER OF DELEGATES AND ALTERNATE  DELEG-
 ATES  AS  ESTABLISHED  BY THE CALL FOR THE NATIONAL CONVENTION MINUS THE
 NUMBER OF DELEGATES AND ALTERNATE  DELEGATES  TO  BE  AWARDED  FROM  THE
 CONGRESSIONAL  DISTRICTS  SHALL  BE  DESIGNATED  AT-LARGE  DELEGATES AND
 AT-LARGE ALTERNATE DELEGATES.
   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.
   CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES SHALL BE
 AWARDED  BASED  UPON  THE  RESULTS  OF  SEPARATE  AND  DISTINCT  PRIMARY
 ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRES-
 SIONAL  DISTRICT  DELEGATES  AND ALTERNATE DELEGATES SHALL BE AWARDED TO
 PRESIDENTIAL CANDIDATES PURSUANT TO PARAGRAPH B OF SUBDIVISION  FOUR  OF
 THIS  SECTION AND ELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF
 THIS SECTION.  AT-LARGE  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
 ELECTED  BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL CANDIDATES
 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   3. BALLOT ACCESS METHODS. CANDIDATES SHALL BE ELIGIBLE  TO  APPEAR  ON
 THE  BALLOT IN A 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
 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 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 PRIMARY ELECTION FOR THAT YEAR IF THE
 STATE BOARD OF ELECTIONS DETERMINES THAT  THE  PERSON  IS  A  NATIONALLY
 KNOWN  AND RECOGNIZED CANDIDATE AND THE CANDIDACY 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 UPON A JOINT RECOMMEN-
 DATION 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  COMMISSIONER
 OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION.
 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 BALLOT PURSUANT TO
 THE PROVISIONS OF ARTICLE SIX OF  THIS  CHAPTER.  DESIGNATING  PETITIONS
 A. 7690                             8
 
 SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV-
 ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   D. PRESIDENTIAL CANDIDATES DETERMINED ELIGIBLE TO APPEAR ON THE PRIMA-
 RY 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 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. EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A SEPARATE  AND
 DISTINCT  PRIMARY  ELECTION.  ENROLLED REPUBLICAN VOTERS FROM A CONGRES-
 SIONAL DISTRICT SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO  HAS  QUALI-
 FIED  FOR  THE  PRIMARY  BALLOT  PURSUANT  TO  SUBDIVISION THREE OF THIS
 SECTION.
   B. ALL THREE DELEGATES  AND  ALL  THREE  ALTERNATE  DELEGATES  FROM  A
 CONGRESSIONAL  DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO
 RECEIVES A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL  CANDIDATES
 IN  SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES A
 MAJORITY OF THE VOTES IN  A  CONGRESSIONAL  DISTRICT,  THE  PRESIDENTIAL
 CANDIDATE  RECEIVING  THE MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL
 BE AWARDED TWO DELEGATES AND TWO ALTERNATE DELEGATES AND  THE  PRESIDEN-
 TIAL  CANDIDATE  WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL
 DISTRICT SHALL BE AWARDED  ONE  DELEGATE  AND  ONE  ALTERNATE  DELEGATE,
 PROVIDED  HOWEVER,  THAT  A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST
 TWENTY PERCENT OF THE TOTAL VOTES CAST FOR  PRESIDENTIAL  CANDIDATES  IN
 THE  CONGRESSIONAL  DISTRICT  IN  ORDER  TO BE AWARDED ANY DELEGATES AND
 ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI-
 DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE  OF  THE  TOTAL  VOTES
 CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES-
 IDENTIAL  CANDIDATE  SHALL  BE AWARDED ALL THREE DELEGATES AND ALL THREE
 ALTERNATE  DELEGATES.  IF  NO  PRESIDENTIAL  CANDIDATE  RECEIVES  TWENTY
 PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
 CONGRESSIONAL  DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE
 POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED  PURSUANT
 TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
   C.  ALL CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL
 BE ELECTED BY THE MEMBERS OF THE NEW  YORK  REPUBLICAN  STATE  COMMITTEE
 REPRESENTING  EACH  SUCH CONGRESSIONAL DISTRICT AND AWARDED TO PRESIDEN-
 TIAL CANDIDATES  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION.  THE
 CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
 ELECTED BY THE MEMBERS  OF  THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE
 REPRESENTING  EACH SUCH CONGRESSIONAL DISTRICT AT MEETINGS CALLED BY THE
 STATE CHAIRMAN AND SCHEDULED IN COMPLIANCE WITH RULES 16 AND 20  OF  THE
 RULES  OF THE REPUBLICAN PARTY (NATIONAL) BUT, IF PRACTICABLE, FOLLOWING
 THE CERTIFICATION OF THE RESULTS OF THE PRESIDENTIAL PRIMARY BY THE  NEW
 YORK  STATE  BOARD OF ELECTIONS. THE NOTICES OF CALL ISSUED BY THE STATE
 CHAIRMAN SHALL DESIGNATE NEW YORK REPUBLICAN STATE COMMITTEE MEMBERS  TO
 SERVE  AS CHAIRS AND SECRETARIES OF THE CONGRESSIONAL DISTRICT MEETINGS.
 AT THESE CONGRESSIONAL DISTRICT MEETINGS, THE MEMBERS OF  THE  NEW  YORK
 REPUBLICAN STATE COMMITTEE SHALL EACH CAST VOTES EQUAL TO THE REPUBLICAN
 ENROLLMENT  FOR THEIR UNIT OF REPRESENTATION THAT IS WITHIN THE CONGRES-
 SIONAL DISTRICT. VOTING BY PROXY AT THE CONGRESSIONAL  DISTRICT  MEETING
 SHALL  BE  VALID. THE CHAIR AND SECRETARY OF EACH CONGRESSIONAL DISTRICT
 MEETING SHALL FILE A CERTIFICATE  WITH  THE  NEW  YORK  STATE  BOARD  OF
 ELECTIONS  STATING THE NAMES AND ADDRESSES OF THE INDIVIDUALS ELECTED AS
 A. 7690                             9
 
 CONGRESSIONAL DISTRICT DELEGATES AND  ALTERNATE  DELEGATES  WITHIN  FIVE
 DAYS OF THE MEETING.
   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  AND  AWARDED  TO  PRESIDENTIAL
 CANDIDATES  BASED  UPON  THE  STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL
 PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE  ALTERNATE  DELEG-
 ATES  SHALL  BE  AWARDED  TO  THE  PRESIDENTIAL CANDIDATE WHO RECEIVES A
 MAJORITY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL  CANDIDATES.
 IF  NO PRESIDENTIAL CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL
 VOTES CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND  AT-LARGE
 ALTERNATE  DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED ON
 THE RATIO OF THE TOTAL STATEWIDE  VOTE  RECEIVED  BY  EACH  PRESIDENTIAL
 CANDIDATE  IN  RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL
 CANDIDATES RECEIVING AT LEAST TWENTY PERCENT OF THE  STATEWIDE  VOTE  IN
 THE PRESIDENTIAL PRIMARY ELECTION, THE NEW YORK REPUBLICAN STATE COMMIT-
 TEE  SHALL  APPORTION  PRO-RATA  THE  NUMBER  OF  AT-LARGE DELEGATES AND
 AT-LARGE ALTERNATE DELEGATES THAT EACH PRESIDENTIAL CANDIDATE  IS  ENTI-
 TLED  TO  RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED HOWEVER,
 THAT A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST  TWENTY  PERCENT  OF
 THE  TOTAL  STATEWIDE VOTE OF THE PRESIDENTIAL PRIMARY ELECTION IN ORDER
 TO BE AWARDED ANY AT-LARGE DELEGATES BY THE NEW  YORK  REPUBLICAN  STATE
 COMMITTEE.  IN  THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES
 ONE OR MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL DISTRIBUTION,
 THEN ANY SUCH DELEGATE OR DELEGATES, SHALL BE AWARDED TO  THE  PRESIDEN-
 TIAL CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDI-
 DATES.  IN THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDI-
 DATES BY PROCESS OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE
 AUTHORIZED  PURSUANT  TO  THE RULES OF THE NATIONAL REPUBLICAN PARTY AND
 THE CALL FOR THE NATIONAL  CONVENTION,  THEN  THE  NUMBER  OF  DELEGATES
 AWARDED  FOR  THE  CANDIDATE  RECEIVING  THE LEAST STATEWIDE VOTES AMONG
 THOSE PRESIDENTIAL CANDIDATES OTHERWISE ENTITLED TO  BE  AWARDED  DELEG-
 ATES,  SHALL  BE  DECREASED  TO  THE  EXTENT NECESSARY TO CONFORM TO THE
 NUMBER OF AUTHORIZED DELEGATE POSITIONS.
   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-b to read as follows:
   1-B. A DESIGNATING PETITION FOR A PRESIDENTIAL PRIMARY ELECTION  SHALL
 BE  FILED  NOT  EARLIER THAN THE THIRTEENTH MONDAY BEFORE, AND NOT LATER
 THAN THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
   § 6. Subdivision 6 of section 6-158 of the election law, as amended by
 chapter 164 of the laws of 2022, 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 JUNE prima-
 ry 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
 A. 7690                            10
 
 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,
 provided, however, such certificate shall be filed not later than  seven
 days  following  the  issuance  of a proclamation for a special election
 held pursuant to paragraph b of subdivision three of  section  forty-two
 of the public officers law.
   §  7.  Subdivision 1 of section 8-600 of the election law, as added by
 chapter 6 of the laws of 2019, is amended to read as follows:
   1. (A) Beginning the tenth day prior to any general, primary,  run-off
 primary  pursuant to subdivision one of section 6-162 of this chapter or
 special election for any public or party position  except  for  such  an
 election held pursuant to title two of article six or article fifteen of
 this  chapter,  and ending on and including the second day prior to such
 general, primary, run-off primary or special election  for  such  public
 office  or  party position, persons duly registered and eligible to vote
 at such election shall be permitted to vote as provided in  this  title.
 The  board  of elections shall establish procedures, subject to approval
 of the state board of elections, to ensure that persons who vote  during
 the  early  voting period shall not be permitted to vote subsequently in
 the same election.
   (B) NOTWITHSTANDING THE OTHER PROVISIONS OF  THIS  SUBDIVISION,  EARLY
 VOTING  FOR  THE PRESIDENTIAL PRIMARY HELD ON THE SECOND DAY OF APRIL IN
 THE YEAR TWO THOUSAND TWENTY-FOUR SHALL BEGIN ON THE TWENTY-THIRD DAY OF
 MARCH OF SUCH YEAR AND SHALL END ON THE THIRTIETH DAY OF MARCH  OF  SUCH
 YEAR.
   §  8.  Section  8-600  of  the election law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. NOTWITHSTANDING  ANY  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS
 SECTION TO THE CONTRARY, THE DURATION FOR EARLY VOTING FOR THE PRESIDEN-
 TIAL  PRIMARY  HELD  ON THE SECOND DAY OF APRIL IN THE YEAR TWO THOUSAND
 TWENTY-FOUR SHALL BE, IN ACCORDANCE WITH THE OTHER REQUIREMENTS OF  THIS
 SECTION, AT LEAST NINE HOURS ON EACH DAY OF EARLY VOTING.
   §  9.  Paragraph (e) of subdivision 3 of section 9-209 of the election
 law, as added by chapter 763 of the laws of 2021, is amended to read  as
 follows:
   (e)  Such cure affirmation shall be [filed with] RECEIVED BY the board
 no later than seven business days after  the  board's  mailing  of  such
 curable  rejection  notice  or the day before the election, whichever is
 later. Provided the board determines that such affirmation addresses the
 curable defect, the rejected ballot shall be reinstated and prepared for
 canvassing pursuant to subdivision two of this section. If the board  of
 elections  is  split as to the sufficiency of the cure affirmation, such
 envelope shall be prepared for canvassing pursuant to paragraph  (d)  of
 subdivision two of this section.
   §  10.  Subdivision 2 of section 8-308 of the election law is REPEALED
 and a new subdivision 2 is added to read as follows:
   2. ANY WRITE-IN VOTE FOR A CANDIDATE WHETHER OR NOT  SUCH  CANDIDATE'S
 NAME  IS ON THE BALLOT FOR THAT CONTEST SHALL BE COUNTED FOR SUCH CANDI-
 DATE UNLESS SUCH WRITE-IN  VOTE  CREATES  AN  INVALID  OVERVOTE  IN  THE
 CONTEST.
 A. 7690                            11
 
   §  11. Paragraphs (b) and (d) of subdivision 3 of section 9-209 of the
 election law, as added by chapter 763 of the laws of 2021,  are  amended
 to read as follows:
   (b) A curable defect includes instances where the ballot envelope: (i)
 is unsigned; (ii) has a signature that does not correspond to the regis-
 tration  signature;  (iii)  has  no  required witness to a mark; (iv) is
 returned without a ballot affirmation envelope in the  return  envelope;
 (v)  has a ballot affirmation envelope that is signed by the person that
 has provided assistance to the voter but is not signed or marked by  the
 voter;  [or] (vi) contains the signature of someone other than the voter
 and not of the voter; OR (VII) IS RETURNED BY MAIL BETWEEN TWO AND SEVEN
 DAYS AFTER THE ELECTION WITHOUT A POSTMARK.
   (d) The voter may cure the aforesaid defects by filing a  duly  signed
 affirmation  attesting  to  the  same information required by the ballot
 affirmation envelope and attesting that the signer of the affirmation is
 the same person who submitted such ballot envelope;  PROVIDED,  HOWEVER,
 THAT  FOR THE DEFECT DESCRIBED IN SUBPARAGRAPH (VII) OF PARAGRAPH (B) OF
 THIS SUBDIVISION, SUCH AFFIRMATION SHALL  ALSO  INCLUDE  AN  ATTESTATION
 THAT  THE  VOTER  MAILED THE BALLOT ENVELOPE ON OR BEFORE THE DAY OF THE
 ELECTION. The board shall include a form of such  affirmation  with  the
 notice  to  the  voter. The affirmation shall be in a form prescribed by
 the state board of elections.
   § 12. Subdivisions 1 and 2 of section  16-102  of  the  election  law,
 subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivi-
 sion  2  as  amended  by chapter 164 of the laws of 2022, are amended to
 read as follows:
   1. The nomination or designation  of  any  candidate  for  any  public
 office  or  party position or any independent nomination, or the holding
 of an uncontested primary election, by  reason  of  a  petition  for  an
 opportunity  to  ballot having been filed, or the election of any person
 to any party position, OR THE CERTIFICATE TO FILL A VACANCY IN A  DESIG-
 NATION, may be contested in a proceeding instituted in the supreme court
 by any aggrieved candidate, or by the chairman of any party committee or
 by  a  person who shall have filed objections, as provided in this chap-
 ter, except that the chairman of a  party  committee  may  not  bring  a
 proceeding  with respect to a designation or the holding of an otherwise
 uncontested primary.
   2. A proceeding with respect to a petition shall be instituted  within
 fourteen days after the last day to file the petition,  WITHIN FOUR DAYS
 AFTER THE LAST DAY THAT A CERTIFICATE TO FILL A VACANCY IN A DESIGNATION
 SHALL BE FILED, or within three business days after the officer or board
 with  whom  or  which  such petition was filed, makes a determination of
 invalidity with respect to such petition OR CERTIFICATE TO FILL A VACAN-
 CY, whichever is later; except that a proceeding with respect to a peti-
 tion for a village election or a nomination for a special election shall
 be instituted within seven days after the last day to file  the  certif-
 icate  or  petition  for  such  village election or nomination or within
 three business days after the officer or board with whom or  which  such
 certificate  or  petition was filed, makes a determination of invalidity
 with respect to such certificate or  petition,  whichever  is  later.  A
 proceeding  with  respect  to  a primary, convention, meeting of a party
 committee, or caucus shall be instituted within ten days after the hold-
 ing of such primary or convention or the filing of  the  certificate  of
 nominations made at such caucus or meeting of a party committee.
   §  13.  Subdivision 3 of section 9-110 of the election law, as amended
 by chapter 437 of the laws of 2019, is amended to read as follows:
 A. 7690                            12
 
   3. Nothing in this section shall be construed  to  require  or  permit
 ABSENTEE  OR  affidavit  ballots  to  be  canvassed  at the poll site on
 election day.  SUCH BALLOTS SHALL BE CANVASSED PURSUANT TO SECTION 9-209
 OF THIS ARTICLE.
   §  14. Subdivision 5 of section 9-209 of the election law, as added by
 chapter 763 of the laws of 2021, is amended to read as follows:
   5. Nothing in this section prohibits a representative of a  candidate,
 political  party,  or independent body entitled to have watchers present
 at the polls in any election district in the board's  jurisdiction  from
 observing, without objection, the review of ballot envelopes required by
 subdivisions two, three [and], four, AND SEVEN of this section.
   § 15. Subdivision 7 of section 9-209 of the election law is amended by
 adding a new paragraph (l) to read as follows:
   (L) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY NOTWITHSTANDING ANY
 OTHER PROVISION OF THIS CHAPTER.
   §  16. Paragraph (d) of subdivision 4 of section 9-208 of the election
 law, as added by section 1 of part JJ of chapter 55 of the laws of 2020,
 is amended to read as follows:
   (d) NO BOARD OF ELECTIONS SHALL COMMENCE A FULL MANUAL  RECOUNT  OF  A
 PARTICULAR  CONTEST  UNLESS  AND  UNTIL  SUCH  BOARD  OF  ELECTIONS  HAS
 COMPLETED AND ANNOUNCED THE RESULTS OF THE RECANVASS REQUIRED BY  SUBDI-
 VISION ONE OF THIS SECTION, FOR EACH APPLICABLE ELECTION DISTRICT.
   (E)  The  result  of the manual recount of ballots shall supersede the
 returns filed by the inspectors of election of the election district  in
 which the canvass was initially made.
   § 17. Severability.  If any sentence, clause, subparagraph, paragraph,
 subdivision,  section  or  part  of section one, two, three, four, five,
 six, seven, or eight of this act, or  the  application  thereof  to  any
 party, person or circumstances shall be held or adjudged by any court of
 competent jurisdiction to be invalid, such holding or judgment shall not
 affect, impair or invalidate the remainder or any portion of the remain-
 der of this act, or the application of such section or part 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, subpara-
 graph, paragraph, subdivision,  section  or  part  of  such  section  or
 sections  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.
   §  18.  This  act shall take effect immediately; provided, however, if
 this act shall have become a law after  July  1,  2023,  it  shall  take
 effect  immediately  and sections one through eight of this act shall be
 deemed to have been in full force and effect on and after July 1,  2023;
 provided,  however,  that  section nine of this act shall take effect on
 the first of January next succeeding the date upon which it  shall  have
 become  a  law; and provided further, sections one through eight of this
 act shall expire December 31, 2024 when upon such date the provisions of
 this act shall be deemed repealed.