S. 7550 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
S. 7550 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.
S. 7550 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
S. 7550 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
S. 7550 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
S. 7550 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
S. 7550 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
S. 7550 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
S. 7550 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.
S. 7550 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:
S. 7550 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.
