S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4094
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the election law, in relation to  removing  party  lines
   from ballots for all elections that are not presidential or gubernato-
   rial
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7-104 of the election law, as  amended  by  chapter
 411  of the laws of 2019 and subdivision 11 as amended by chapter 217 of
 the laws of 2024, is amended to read as follows:
   § 7-104. Ballots; form of. 1. All  ballots  shall  be  printed  and/or
 displayed in a format and arrangement, of such uniform size and style as
 will  fit  the  ballot,  and  shall  be  in as plain and clear a type or
 display as the space will reasonably permit, using only sans serif print
 fonts. Such type or display on the ballot shall satisfy all requirements
 and standards set forth pursuant to the federal Help America Vote Act.
   2. [The] FOR PRESIDENTIAL AND  GUBERNATORIAL  RACES  FOR  OFFICE,  THE
 names  of  parties or independent bodies which contain more than fifteen
 letters may, whenever limitations of space so require, be printed on the
 ballot in an abbreviated form. In printing the names of candidates whose
 full names contain more than fifteen letters, only the surname  must  be
 printed  in full. The officer or board charged with the duty of certify-
 ing the candidates for such office shall request each such candidate  to
 indicate,  in  writing,  the  shortened  form  in which, subject to this
 restriction, [his or her] THEIR name shall be printed. If no such  indi-
 cation  is received from such candidate within the time specified in the
 request, such officer or board shall make the necessary determination.
   3. (a) The party name or other designation shall  be  affixed  to  the
 name  of  each  candidate,  or, in case of presidential electors, to the
 names of the candidates for president and vice-president of such party.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08062-01-5
 A. 4094                             2
              

 
   (b) [A]  FOR  PRESIDENTIAL  AND  GUBERNATORIAL  RACES  FOR  OFFICE,  A
 column/row  designating number may be affixed to the name of each candi-
 date, or in the case of presidential  electors,  to  the  names  of  the
 candidates for president and vice-president of such party.
   (c) The titles of offices may be arranged horizontally, with the names
 of  candidates  for an office and the space, slot or device for write-in
 votes for such office arranged vertically under the title of the office,
 or the titles of offices may be arranged vertically, with the  names  of
 candidates  for  an  office  and  the space, slot or device for write-in
 votes for such office arranged horizontally opposite the  title  of  the
 office.
   (d)  Each office shall occupy as many columns or rows on the ballot as
 the number of candidates to be elected to  that  office[,  except  where
 candidate  placements  due  to  cross  endorsements  require  additional
 columns or rows] AND SHALL BE CONTAINED WITHIN ITS OWN  SECTION  OF  THE
 BALLOT.
   4.  (a)  The  names of all candidates nominated [by any party or inde-
 pendent body for an office shall always appear  in  the  row  or  column
 containing  generally the names of candidates nominated by such party or
 independent body for other offices except as hereinafter provided] SHALL
 APPEAR ONLY ONCE PER OFFICE TO BE FILLED AT  THE  ELECTION,  EXCEPT  FOR
 PRESIDENTIAL AND GUBERNATORIAL RACES FOR OFFICE.
   (b)  [When]  FOR  PRESIDENTIAL AND GUBERNATORIAL RACES FOR OFFICE, THE
 FOLLOWING MAY APPLY:
   (I) WHEN the same person has been nominated for an office to be filled
 at the election by more than one party, the voting machine shall  be  so
 adjusted that [his or her] THEIR name shall appear in each row or column
 containing generally the names of candidates for other offices nominated
 by any such party.
   [(c)]  (II)  If  such candidate has also been nominated by one or more
 independent bodies, [his or her] THEIR name shall appear  only  in  each
 [row  or]  column containing generally the names of candidates for other
 offices nominated by any such party and the name of each such  independ-
 ent  body  shall  appear in one such [row or] column to be designated by
 the candidate in a writing filed with the officer or board charged  with
 the duty of certifying the candidates for such office, or if such person
 shall  fail  to so designate, the names of such independent bodies shall
 appear in such [row or] column as such officer or board shall determine.
   [(d)] (III) If any person shall be nominated for  any  office  by  one
 party  and  two or more independent bodies [his or her] THEIR name shall
 appear on the ballot twice; once  in  the  [row  or]  column  containing
 generally  the  names  of candidates for other offices nominated by such
 party, and once in the [row or] column containing generally the names of
 candidates nominated by the independent body designated by  such  person
 in  a  writing  filed with the officer or board charged with the duty of
 certifying the candidates for such office and  in  connection  with  the
 name  of  such  person  in such [row or] column shall appear the name of
 each independent body nominating [him or her] THEM or,  if  such  person
 shall  fail to so designate, the name of such candidate and the names of
 such independent bodies shall appear in such [row  or]  column  as  such
 officer or board shall determine.
   [(e)] (IV) If any person is nominated for any office only by more than
 one  independent  bodies,  [his or her] THEIR name shall appear but once
 upon the machine in one such [row or] column to  be  designated  by  the
 candidate  in a writing filed with the officer or board charged with the
 duty of providing ballots, or if the candidate shall fail to  so  desig-
 A. 4094                             3
 
 nate,  in  the place designated by the officer or board charged with the
 duty of certifying the candidates for such  office,  and  in  connection
 with  [his  or her] THEIR name there shall appear the name of each inde-
 pendent  body  nominating  [him or her] THEM, but, where the capacity of
 the ballot will permit, the name of such person shall not appear  or  be
 placed  in  a column [or on a horizontal line] with the names of persons
 nominated by a party for other offices.
   5. Notwithstanding the provisions of subdivision four of this section,
 the name of a person who is nominated for the  office  of  PRESIDENT  OR
 governor[, or state senator, or member of assembly,] shall appear on the
 ballot as many times as there are parties or independent bodies nominat-
 ing  [him or her] THEM, and there shall be a separate voting position at
 each place in which such name shall appear.
   6. If any type of machine used in any  county  or  city  contains  any
 feature  approved  by  the state board of elections, the use of which is
 neither required nor prohibited by the provisions of this  chapter,  the
 board  of elections may, by resolution, require that one or more of such
 features shall be used in such county. Thereafter all machines  of  such
 type  used  in  such county or city shall be operated in conformity with
 any such resolution. Any such resolution may thereafter be rescinded  by
 such  board  and  after being so rescinded may be re-adopted. Once re-a-
 dopted by any board of elections, such a resolution may not be rescinded
 again by such board.
   7. [The] FOR PRESIDENTIAL AND  GUBERNATORIAL  RACES  FOR  OFFICE,  THE
 ballot  shall have printed upon it in black ink for each [party or inde-
 pendent row, at the head of the column  or  the  beginning  of  the  row
 containing the names of candidates] CANDIDATE, the name of the CANDIDATE
 AND  THE  NAME  OF  EACH  party  or independent body and the designating
 letter of the row or column.
   8. With respect to candidates for the offices of governor and lieuten-
 ant governor of a party or independent body, ballots shall be printed so
 that the names of such candidates for both offices shall appear  in  the
 same  row or column, with the name of the candidate for governor appear-
 ing first and the ballot shall be so  adjusted  that  both  offices  are
 voted  for  jointly  [and  have  but  one  designating  number  if  such
 column/row designating numbers are utilized].
   9. In those counties in which ballots are required by federal law,  or
 otherwise,  to be provided in a language other than English, there shall
 be versions of the ballot printed in English and in each  of  the  addi-
 tional  languages  required  so  that  each  version of the ballot shall
 contain English and no more than two other languages. The  county  board
 of  elections  in  such  counties  shall  instruct, in their poll worker
 training and materials, the procedures to be  followed  to  ensure  that
 each voter receives a ballot with the appropriate language as determined
 by the state board.
   10. Each ballot shall contain instructions for marking the ballot. The
 instructions shall be printed in line lengths no wider than five inches.
 Ballot instructions may be printed on the front or back of the ballot or
 on a separate sheet or card. If such instructions are not printed on the
 front  of the ballot, there shall be printed on the ballot, in the larg-
 est size type practicable, the following legend:  "See  instructions  on
 the  other  side"  or  "See  instructions (insert where instructions are
 found)", whichever is appropriate.
   11. (a) The offices appearing on all ballots shall be  listed  in  the
 order of precedence, as applicable to the offices up for election in any
 given year, as follows: electors for president and vice-president of the
 A. 4094                             4
 
 United  States,  governor  and lieutenant governor, New York state comp-
 troller, New York state attorney general, United States senator,  member
 of  the  house of representatives, New York state senator, member of the
 New  York  state  assembly. Any office which is not listed in this para-
 graph shall not appear on the ballot in a position before or ahead of an
 office which is listed.
   (b) Immediately following the offices in paragraph (a) of this  subdi-
 vision, all other offices shall be placed upon the ballot in the custom-
 ary  order;  provided,  further, that partisan offices regardless of the
 size of the constituency shall be listed before or ahead of  nonpartisan
 offices  and  all candidates for judicial offices shall follow all other
 partisan offices.
   12. If two or more candidates are nominated for the  same  office  for
 different  terms,  the term for which each is nominated shall be printed
 as a part of the title of the office.
   13. The  text  for  ballot  instructions  shall  be  substantially  as
 follows, so that it accurately reflects the ballot layout:
 
                               INSTRUCTIONS
 
 Mark  the  (insert  "oval"  or "square") to the left of the name of your
 choice. (Provide illustration of correctly-marked voting position here.)
 To vote for a candidate whose name is not printed on the ballot, (insert
 "mark the oval (or square) to the left of 'write-in' and print the  name
 clearly"  or  "print  the  name clearly in the box labeled 'write-in'"),
 staying within the box. Any mark or writing outside the spaces  provided
 for  voting  may void the entire ballot. The number of choices is listed
 for each contest. Do not  mark  the  ballot  for  more  candidates  than
 allowed.  If  you  do,  your vote in that contest will not count. If you
 make a mistake, or want to change your vote, ask a poll worker for a new
 ballot.
   14. The state board of elections shall  provide  line  drawing  illus-
 trations to supplement these instructions. At a minimum, an illustration
 of  the correct way to mark the ballot shall be provided, but nothing in
 this section shall be construed to limit the board  in  providing  addi-
 tional illustrations.
   15.   When   a  question  or  proposal  is  included  on  the  ballot,
 instructions substantially like the following shall be included:
 
            Instructions for Voting on Questions and Proposals
 
 To vote on a question or proposal, mark the (insert "oval" or  "square")
 to the (insert "left", "above" or "below") of your choice. If you make a
 mistake,  or  want  to  change  your  vote,  ask a poll worker for a new
 ballot.
   16. When a question or proposal appears on the  back  of  the  ballot,
 there shall appear on the front of the ballot words or a symbol indicat-
 ing that the voter should turn over the ballot.
   17.  The voting oval or square shall be to the left of the name of the
 candidate.
   18. All text, including the name of  each  candidate  as  provided  in
 subdivision  three  of  this  section,  shall  be printed using standard
 capitalization in accordance with instructions  provided  by  the  state
 board of elections and shall not be printed using all capital letters.
   19.  The  ballot  shall  use one font or font family with enough vari-
 ations for all text needs.
 A. 4094                             5
 
   20. "Vote for one" or "Vote for up to ......" (the blank space  to  be
 filled  with  the  number  of  persons to be nominated for the office or
 elected to the position), as applicable, shall  be  printed  immediately
 below each office title appearing on the ballot.
   21. No party emblems shall be printed on the ballot.
   22.  The  names  of candidates for the same office shall appear on the
 same page and in the same column or columns or row or rows of that  page
 of a printed ballot, and may not be separated by a perforation.
   23.  All text, including the title of each office and the name of each
 candidate, shall be printed flush left and shall not be centered on  the
 ballot  or in any column or row appearing on the ballot; provided howev-
 er, in a multi-column or multi-row contest,  the  title  and  number  of
 allowable selections to be made for each such office may be centered.
   24.  If  used,  shading shall be used consistently, so as to differen-
 tiate instructions from ballot section dividers and contest information.
   25. Above, below, or to the right of the name of each candidate, shall
 be printed, in less prominent type face than that in  which  the  candi-
 date's  name is printed, the name of [the] EACH political party or inde-
 pendent body by which the candidate was nominated or designated.
   26. All paper ballots of the same kind  for  the  same  polling  place
 shall be identical.
   27.  To  the extent practicable, the ballot shall also comply with the
 following specifications:
   (a) The instructions in subdivision  ten  of  this  section  shall  be
 printed in the upper left hand corner of the front of the ballot;
   (b)  The  name of each candidate shall be printed using a font size of
 not less than nine points;
   (c) When the instructions are contained on the ballot, there shall  be
 a clear delineation between the ballot instructions and the first office
 or  ballot  question  or proposal through the use of white space, illus-
 tration, shading, color, font size, or bold type.
   § 2. Section 7-116 of the election law, subdivisions 2, 3, 4 and 6  as
 amended  by chapter 411 of the laws of 2019, subdivision 3-a as added by
 chapter 143 of the laws of 1996, subdivision 5 as amended by chapter 279
 of the laws of 1992, and subdivision 7 as amended by chapter 231 of  the
 laws of 2022, is amended to read as follows:
   §  7-116.  Ballots;  order  of  names  on. 1. In printing the names of
 candidates on the ballot FOR PRESIDENTIAL AND  GUBERNATORIAL  RACES  FOR
 OFFICE,  the  candidate  or candidates of the party which polled for its
 candidate for the office of governor at the last preceding election  for
 such  office  the  highest  number  of  votes, shall be THE FIRST row or
 column [A or one] and the candidates  of  the  other  parties  shall  be
 placed on such ballot in descending order of such votes.
   2. [The officer or board who or which prepares the ballot shall deter-
 mine  the  order  in which shall appear, below the names of party candi-
 dates the nominations made only by independent bodies. Such  officer  or
 board also shall determine the order in which shall be printed the names
 of  two  or  more candidates nominated by one party or independent body,
 for an office to which two or more persons are to be elected;  provided,
 however, that any such candidate may, by a writing filed with such board
 or  officer  not later than three business days after the adjournment of
 the convention or one week after the primary election nominating him  or
 her,  or otherwise not later than two days after the filing of the peti-
 tion or certificate nominating him or her, demand  that  such  order  be
 determined  by  lot, and in that case such order shall be so determined,
 upon two days notice by mail given by such  board  or  officer  to  each
 A. 4094                             6

 candidate  for  such  office. The state board of elections shall perform
 the duties required by this subdivision in  all  cases  affecting  nomi-
 nations filed in its office.
   3.  The officer or board with whom or which are filed the designations
 for a public office or party position shall determine by lot,  upon  two
 days notice by mail given by such board or officer to each candidate for
 such  office  or  position  and  to  the committee, if any, named in the
 designating petition, the order in which shall be printed on  the  offi-
 cial  primary  ballot,  under  the  title of the office or position, the
 names of candidates for public office, the names  of  candidates  for  a
 party  position  to which not more than one person is to be elected, and
 the groups of names of candidates for party position where two  or  more
 persons  are  to  be  elected thereto and any petition designates two or
 more persons therefor, provided, however, that whenever groups of  names
 for  more  than  one party position are designated by the same petition,
 the order in which they shall be printed on the official primary  ballot
 shall  be  determined by a single lot. Candidates for delegate or deleg-
 ates and alternate delegate or delegates to  conventions  designated  by
 the same petition shall, for the purpose of this subdivision, be treated
 as  one  group. The names of candidates, if any, for a party position to
 which two or more persons are to be elected, who are designated by indi-
 vidual petitions and not in a group shall be printed after such group or
 groups, in such order between themselves, as such officer or board shall
 determine by lot upon the notice  specified  in  this  subdivision.  The
 names  within a group of candidates designated for party position by one
 petition shall be printed in the same order in which they appear in  the
 petition,  unless they appear in a different order on different pages of
 the petition, in which case their order within the group shall be deter-
 mined by such officer or board by lot upon the notice specified in  this
 subdivision. Candidates for members of a state committee designated by a
 single  petition shall, for the purposes of this subdivision, be treated
 as one group. However, the notice to a committee of the drawing need not
 be mailed to more than five members, if there be that many,  and  as  to
 offices  or  party  positions  for which designating petitions are filed
 with the board of elections of the city of New York the notice shall  be
 given to the committees only.
   3-a.  The  state board of elections shall prescribe the method, or two
 or more alternative  methods,  for  making  the  determinations  by  lot
 required  by  subdivisions  two  and  three of this section. Each county
 board of elections shall adopt one of such methods at least ninety  days
 before any election to which such method shall apply.
   4.]  IN  PRINTING  THE NAMES OF CANDIDATES ON THE BALLOT FOR ALL OTHER
 ELECTIONS, THE CANDIDATE OR CANDIDATES OF THE PARTY WHICH   POLLED   FOR
 ITS  CANDIDATE  FOR  THE  OFFICE AT THE LAST PRECEDING ELECTION FOR SUCH
 OFFICE THE HIGHEST NUMBER OF VOTES, SHALL BE THE FIRST ROW OR COLUMN AND
 THE CANDIDATES OF THE OTHER PARTIES SHALL BE PLACED ON  SUCH  BALLOT  IN
 DESCENDING ORDER OF SUCH VOTES.
   3.  If  a  vacancy  in a designation or nomination be filled after the
 making, in the manner provided in this section, of  a  determination  of
 the  order  in  which the names of candidates for the office or position
 are to be printed, to the extent practicable, the name of the  candidate
 designated  or  nominated  to  fill such vacancy shall be printed in the
 place so determined for the original candidate.
   [5.] 4. The titles of public  offices  shall  appear  on  ballots  for
 primary elections in the same consecutive order that they will appear on
 the  general  election  ballot.  The titles of the party positions shall
 A. 4094                             7
 
 appear in the following  order:  member  of  state  committee,  assembly
 district  leader,  associate assembly district leader, members of county
 committee in the city of New York, delegate or delegates to conventions,
 alternate  delegate  or  delegates to conventions, and members of county
 committee in counties outside of the city of New York.  Where,  pursuant
 to  the  rules  of  the county committee, the party position involved is
 that of assembly district leader or associate assembly  district  leader
 for  a  part of an assembly district, such part shall be so indicated in
 the title on the ballot.
   [6.] 5. (a) In cases where a name is added  to  or  removed  from  the
 ballot  by  court  order too late to make a complete adjustment to these
 requirements feasible, the name may be added at the end of the  list  of
 candidates  in all election districts, or removed from the ballot in all
 election districts without changing the  previously  arranged  order  of
 other names and without invalidating the election. Any inadvertent error
 in  the  order  of names discovered too late to correct the order of the
 names on the ballots concerned shall not invalidate an election.
   (b) Except where a contest or candidate is removed from the ballot  by
 court  order  too  late  to make complete compliance with this paragraph
 feasible, the title of each public office  or  party  position  and  the
 names  of  the  candidates  for such office or position appearing on any
 ballot used for  primary  elections  over  which  the  county  board  of
 elections has jurisdiction shall appear on such ballot immediately adja-
 cent  to  one  another,  either horizontally or vertically; and no blank
 spaces shall separate the names of candidates actually  running  for  an
 office or party position on such ballot, and no blank spaces shall sepa-
 rate  any  two  such offices or positions which appear on such ballot in
 the same column or row.
   [7.] 6. Whenever a county board of elections or the board of elections
 in the city of New York must conduct a primary election in  the  respec-
 tive  county  or  the  city  of  New York in which separate contests for
 candidates of different genders for the same party position  are  to  be
 printed  upon  the  ballots,  and  when rules require these positions be
 listed  separately  on  the  ballot,  the  respective  county  board  of
 elections or the board of elections in the city of New York shall deter-
 mine  by  lot  the  order of the various gendered contests. This lottery
 will be conducted separately for each  election  that  is  separated  by
 gender.
   §  3.  Section  2-104 of the election law, subdivision 1 as amended by
 chapter 260 of the laws of 2021 and subdivision 2 as amended by  chapter
 231 of the laws of 2022, is amended to read as follows:
   §  2-104.  County committee; creation. 1. The county committee of each
 party shall be constituted by the election  in  each  election  district
 within  such  county  of  at  least  two  members and of such additional
 members as the rules of the county committee of  the  party  within  the
 county  or  the  statement  filed  pursuant  hereto may provide for such
 district, proportional to the [party] vote in the district for  governor
 at  the last preceding gubernatorial election, or in case the boundaries
 of such district have been changed or a new district  has  been  created
 since  the  last  preceding  gubernatorial election, proportional to the
 [party] vote cast for member of assembly or in the event  there  was  no
 election  for  member  of  assembly,  then proportional to the number of
 enrolled voters of such party in such district on the list  of  enrolled
 voters  last  published  by  the board of elections, excluding voters in
 inactive status; PROVIDED THAT EACH PARTY WHICH NOMINATED SUCH CANDIDATE
 FOR SUCH OFFICE SHALL RECEIVE THE SAME PROPORTION. In a county in  which
 A. 4094                             8
 
 no  additional  members  are  provided  for  by  the rules of the county
 committee or the statement filed pursuant hereto  the  voting  power  of
 each  member  shall  be  in  proportion  to such [party] vote or, if the
 election  district  which  such member represents was created or changed
 since the last election for member of  assembly,  proportional  to  such
 party  enrollment.  In  a  county  in  which  additional  members are so
 provided for, on the basis of the [party] vote or enrollment in election
 districts within such county, each member  shall  have  one  vote.  Each
 member  of  a  county  committee shall be an enrolled voter of the party
 residing in the county and the assembly district from which  or  in  the
 assembly  district containing the election district in which such member
 is elected except that a member of a county committee who, as  a  result
 of  an  alteration  of assembly district lines, no longer resides within
 such assembly district may continue to serve for the balance of the term
 to which [he was] THEY WERE elected.
   2. If such committee or a state convention of the party shall  provide
 by  rule  for  representation  by gender on such committee, the rules of
 such committee relative to  additional  members,  either  from  election
 districts  or  at  large, shall be formulated and applied in such manner
 that the whole membership shall be divided among genders as provided  by
 the rules of such committee. When any such rule provides for such repre-
 sentation,  the  designating  petitions  and  primary ballots shall list
 candidates for such party positions  separately  by  gender  marker.  In
 providing  for such representation, such committee shall establish rules
 that provide for the ability of individuals who do not exclusively iden-
 tify as a binary gender to serve as members and which  respect  individ-
 uals' gender identity.
   3.  Notwithstanding the provisions of subdivision one of this section,
 a county committee of a party shall be legally  constituted  if  twenty-
 five  per  centum of the [committeemen] COMMITTEE MEMBERS required to be
 elected in such county, as provided in subdivision one of this  section,
 have been elected.
   §  4.  Section 6-124 of the election law, as amended by chapter 876 of
 the laws of 1977, is amended to read as follows:
   § 6-124. Conventions; judicial. A judicial district  convention  shall
 be constituted by the election at the preceding primary of delegates and
 alternate  delegates,  if  any,  from  each  assembly district or, if an
 assembly district shall contain all or part of two or more counties  and
 if  the rules of the party shall so provide, separately from the part of
 such assembly district contained within each such county. The number  of
 delegates  and  alternates,  if any, shall be determined by party rules,
 but the number of delegates shall be substantially  in  accordance  with
 the  ratio, which the number of votes cast for the [party] candidate for
 the office of governor, [on the line or column of the party] at the last
 preceding election for such office, in any unit of representation, bears
 to the total vote cast at such election for such candidate [on such line
 or column] in the entire state; PROVIDED THAT EACH PARTY WHICH NOMINATED
 SUCH CANDIDATE FOR SUCH OFFICE SHALL RECEIVE THE  SAME  PROPORTION.  The
 number  of  alternates  from any district shall not exceed the number of
 delegates therefrom.  The delegates certified to have  been  elected  as
 such,  in  the  manner  provided  in this chapter, shall be conclusively
 entitled to their seats, rights and votes as delegates to  such  conven-
 tion. When a duly elected delegate does not attend the convention, [his]
 THEIR  place  shall  be  taken  by  one of the alternates, if any, to be
 substituted in [his] THEIR place, in the order of the vote  received  by
 each  such alternate as such vote appears upon the certified list and if
 A. 4094                             9
 
 an equal number of votes were cast for two or more such alternates;  the
 order  in which such alternates shall be substituted shall be determined
 by lot forthwith upon the convening of the convention.  If  there  shall
 have  been no contested election for alternate, substitution shall be in
 the order in which the name of such alternate appears upon the certified
 list, and if no alternates shall have been elected or if  no  alternates
 appear  at  such  convention,  then  the delegates present from the same
 district shall elect a person to fill the vacancy.
   § 5. This act shall take effect one year after it shall have become  a
 law and shall apply to all elections which occur on or after such date.