senate Bill S4139A

Relates to determinations by county canvassing boards and publication of nominations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Mar / 2011
    • REFERRED TO ELECTIONS
  • 07 / Apr / 2011
    • AMEND (T) AND RECOMMIT TO ELECTIONS
  • 07 / Apr / 2011
    • PRINT NUMBER 4139A
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

Summary

Relates to determinations by county canvassing boards and publication of nominations.

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Bill Details

Versions:
S4139
S4139A
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§9-212 & 4-122, El l
Versions Introduced in 2009-2010 Legislative Cycle:
A10477

Sponsor Memo

BILL NUMBER:S4139A

TITLE OF BILL:
An act
to amend the election law, in relation to determinations by county
canvassing boards and publication of lists of nominations

PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide mandate
relief to counties by eliminating the requirement that boards of
elections publish election results in the newspaper, require
candidate lists to be published in only one newspaper, and remove the
requirement that candidate addresses be published as part of such list.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivisions 2 and 3 of
election law §9-212 as amended by chapter 635 of the laws of 1990 are
amended to eliminate newspaper publication of the determinations by
county canvassing boards. Instead, local boards of election would
have to conspicuously post such determinations on their website.

Section 2. Subdivisions 1 and 3 of election law §4-122 as amended by
chapter 359 of the laws of 1989 are amended to limit publication of
candidate lists to one newspaper of general circulation and digital
publication. Current law specifies that such lists shall be published
in between two and four newspapers and includes no provision for
digital publication. This amendment also removes a candidate's
residence from the information to be published as part of such list.

Section 3 of the bill is the effective date.

JUSTIFICATION:
Current law (E.L. §9-212) requires county canvassing
boards to publish election results and the results of local ballots
proposals once in the newspaper. Current law (E.L. §4-122) also and
requires newspaper publication of candidate lists, including
candidates residences, in several newspapers.

By wholly eliminating the newspaper publication requirements of E.L.
§9-212, replacing them with digital publication, and significantly
scaling back the newspaper publication requirements of E.L. §4-122,
this bill alleviates the hardship of these unfunded mandates while
recognizing the wide use and accessibility of the internet by boards
of elections, citizens, and the media.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.10477

FISCAL IMPLICATIONS:
None to the state. This bill would provide savings to counties.

EFFECTIVE DATE:
This act would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4139--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to determinations by coun-
  ty canvassing boards and publication of lists of nominations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 9-212 of the election  law,
as  amended  by  chapter 635 of the laws of 1990, are amended to read as
follows:
  2. All such determinations shall be  in  writing  and  signed  by  the
members  of  the  canvassing  board  or a majority of them and filed and
recorded in the office of the board of elections, THE BOARD OF ELECTIONS
SHALL CAUSE A COPY OF SUCH DETERMINATIONS, AND OF THE  STATEMENTS  FILED
IN ITS OFFICE UPON WHICH SUCH DETERMINATIONS WERE BASED, TO BE CONSPICU-
OUSLY  POSTED  ON  ITS  WEBSITE.  THE STATEMENT OF CANVASS TO BE POSTED,
HOWEVER, SHALL NOT GIVE THE VOTE BY ELECTION DISTRICTS BUT SHALL CONTAIN
ONLY THE TOTAL VOTE FOR A PERSON, OR THE TOTAL VOTE FOR  AND  THE  TOTAL
VOTE  AGAINST  A  BALLOT PROPOSAL, CAST WITHIN THE COUNTY, OR WITHIN THE
PORTION THEREOF, IF ANY, IN WHICH AN OFFICE IS FILLED OR BALLOT PROPOSAL
IS DECIDED BY THE VOTERS IF THE CANVASS OF  THE  VOTE  THEREON  DEVOLVES
UPON THE COUNTY BOARD OF CANVASSERS. [Except in the city of New York and
in  the  counties  of  Nassau,  Orange  and  Westchester,  the  board of
elections shall cause a copy of such determinations, and of  the  state-
ments  filed in its office upon which such determinations were based, to
be published once in  each  of  the  newspapers  designated  to  publish
election  notices  and the official canvass. The statement of canvass to
be published, however, shall not give the vote by election districts but
shall contain only the total vote for a person, or the  total  vote  for
and the total vote against a ballot proposal, cast within the county, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04944-03-1

S. 4139--A                          2

within  the  portion  thereof,  if  any, in which an office is filled or
ballot proposal is decided by the voters if  the  canvass  of  the  vote
thereon devolves upon the county board of canvassers.] Such totals shall
be expressed in arabic numerals.
  3. The board of elections shall prepare and forthwith transmit to each
person  determined by the canvassing board to have been elected a certi-
fied statement, naming the office to which  such  canvassing  board  has
declared him OR HER elected.
  S  2.  Subdivisions  1  and 3 of section 4-122 of the election law, as
amended by chapter 359 of the laws of  1989,  are  amended  to  read  as
follows:
  1.    The  county  board of elections shall publish, AND CONSPICUOUSLY
POST ON ITS WEBSITE, at least  six  days  before  an  election,  a  list
containing the name [and residence] of every candidate for public office
to be voted for within its jurisdiction at such election.
  3.  [The]  IN  ADDITION  TO BEING CONSPICUOUSLY POSTED ON THE BOARD OF
ELECTIONS WEBSITE, THE list described in subdivision one of this section
shall be published at least once in [not less than  two  nor  more  than
four newspapers] A NEWSPAPER OF GENERAL CIRCULATION in the county.  In a
county  containing a city, [at least one] such publication shall be in a
daily newspaper published in a city therein, if there be such a  newspa-
per.  In  the  case  of a village election held at a time other than the
time of a general election, such publication shall  be  in  a  newspaper
having  general  circulation  in such village.  [So far as is consistent
with this section, one such newspaper shall represent each of the  major
political  parties.] Should the board of elections find it impossible to
make such publication six days before election it shall make it  at  the
earliest possible day thereafter before the election.
  S 3. This act shall take effect immediately.

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