senate Bill S5753

Signed by Governor

Provides for the election of delegates to a national party convention or a national party conference

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Bill Status


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

  • 14 / Jun / 2011
    • REFERRED TO RULES
  • 17 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1360
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO ELECTION LAW
  • 17 / Jun / 2011
    • SUBSTITUTED FOR A8363
  • 17 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.425
  • 17 / Jun / 2011
    • PASSED ASSEMBLY
  • 17 / Jun / 2011
    • RETURNED TO SENATE
  • 08 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 18 / Jul / 2011
    • SIGNED CHAP.147

Summary

Provides for the election of delegates to a national party convention or a national party conference; relates to electing delegates to a national party convention or conference.

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Bill Details

See Assembly Version of this Bill:
A8363
Versions:
S5753
Legislative Cycle:
2011-2012
Law Section:
Election Law
Laws Affected:
Amd §§8-100, 6-158, 4-110, 4-114, 10-108 & 11-204, add §§2-122-a & 2-122-b, El L

Sponsor Memo

BILL NUMBER:S5753

TITLE OF BILL:
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 2012, and the "Presidential" and "Fall"
primary in such year; to amend the election law, in relation
to electing delegates to a national party convention;
and providing for the repeal of such provisions
upon expiration thereof

PURPOSE:
This bill would amend certain provisions of the Election Law to
schedule the presidential primary election for April 24, 2012,
provide for the political parties' statutory options for the election
of delegates and alternate delegates to their respective national
party conventions, and ensure the State's compliance with the federal
MOVE Act, which requires that ballots be transmitted to overseas and
military voters at least 45 days before such election.

SUMMARY OF PROVISIONS:
Section 1 of the bill would amend subdivision 1 of section 8-100 of the
Election Law to provide for the presidential primary on April 24, 2012.

Section 2 provides that the state committees of each of the political
parties shall select either section three or section four of this act
to elect presidential delegates for nomination of the parties'
respective presidential candidates.

Sections 3 and 4 would amend the Election Law by adding new sections
2-122-a and 2-122-b, respectively, that would provide for two
different nomination processes involving the election of delegates
and alternate delegates and the rules attendant to such election.

Section 5 would amend section 6-158 of the Election Law to add a new
subdivision 1-a to provide that designating petitions filed for a
presidential primary election shall be filed between the twelfth
Monday and eleventh Thursday before such election.

Section 6 would amend section 4-110 of the Election Law to provide
that the state board of elections shall certify the candidates for a
presidential primary election at least 54 days before such an election.

Section 7 would amend section 4-114 of the Election Law to provide
that county boards of elections shall determine the candidates for a
presidential primary election at least 53 days before such election.

Section 8 would amend subdivision 1 of section 10-108 of the Election
Law to provide that ballots for military voters shall be transmitted
to such voters at least 45 days before a presidential primary election.

Section 9 would amend subdivision 4 of section 11-204 of the Election
Law to provide that special federal ballots shall be transmitted to
overseas voters at least 45 days before a presidential primary
election.

Section 10 is the separability clause.

Section 11 provides for the effective date.

STATEMENT IN SUPPORT:
This bill establishes the process by which the Democratic Party and
the Republican Party in New York State shall conduct their respective
presidential primary elections in 2012.
It further amends the law to ensure that New York State complies with
the federal MOVE Act by requiring that ballots be transmitted to
military and overseas voters at least 45 days before such an election.

BUDGET IMPLICATIONS:
This legislation is not expected to have any impact on the budget.

EFFECTIVE DATE:
This act shall take effect immediately, and shall expire on December
31, 2012.

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

                                  5753

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by Sen. O'MARA -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the election law, in relation to the conducting  of  the
  presidential  primary,  to  provide for the election of delegates to a
  national party convention or a national party conference in 2012,  and
  the  "Presidential"  and  "Fall"  primary  in  such year; to amend the
  election law, in relation to electing delegates to  a  national  party
  convention; and providing for the repeal of such provisions upon expi-
  ration thereof

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

  Section 1. Paragraph (a) of subdivision 1  of  section  8-100  of  the
election  law,  as amended by chapter 17 of the laws of 2007, is amended
to read as follows:
  (a) A primary election, to be known as the fall primary, shall be held
on the first Tuesday after the second Monday in September  before  every
general  election unless otherwise changed by an act of the legislature.
MEMBERS OF STATE AND COUNTY COMMITTEES AND ASSEMBLY DISTRICT LEADERS AND
ASSOCIATE ASSEMBLY DISTRICT LEADERS AND ALL OTHER PARTY POSITIONS TO  BE
ELECTED  SHALL  BE  ELECTED  AT THE FALL PRIMARY AND ALL NOMINATIONS FOR
PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION  IN  SUCH  YEAR
SHALL  BE  MADE  AT  THE  FALL  PRIMARY. In [each] THE year TWO THOUSAND
TWELVE in which electors of president and vice president of  the  United
States are to be elected, an additional primary election, to be known as
the  [spring]  PRESIDENTIAL primary, shall be held on [the first Tuesday
in February] APRIL TWENTY-FOURTH, TWO THOUSAND TWELVE, unless  otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12063-03-1

S. 5753                             2

  S  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 2012 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 the first day
of November, 2011.
  S 3. The election law is amended by adding a new  section  2-122-a  to
read as follows:
  S  2-122-A.  NATIONAL  CONVENTION; NATIONAL PARTY CONFERENCE.   1. THE
RULES OF THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT  THE  DELEGATES
AND  ALTERNATE  DELEGATES  TO  A  NATIONAL  CONVENTION OR NATIONAL PARTY
CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
  A. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE
OF  PRESIDENT  OF THE UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR
SUCH OFFICE APPEAR ON THE BALLOT;
  B. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES  FOR  THE  POSI-
TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION IN
DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
  C. BY THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE  AT  A
MEETING  OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE PARTY
MAY PROVIDE.
  2. IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN WHICH THE
OFFICE OF PRESIDENT OF THE UNITED STATES APPEARS ON THE  BALLOT,  DESIG-
NATION  OF  CANDIDATES  FOR  SUCH  OFFICE  SHALL BE MADE PURSUANT TO THE
PROVISIONS OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH  CANDIDATES
NEED  NOT  BE  CITIZENS  OF  NEW  YORK  BUT  ONLY CITIZENS OF THE UNITED
STATES), 6-130, 6-132 (EXCEPT THAT REFERENCES TO  A  COMMITTEE  TO  FILL
VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
6-134,  6-144,  THE  PROVISIONS WITH RESPECT TO DECLINATIONS IN SUBDIVI-
SIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A  COMMIT-
TEE  TO  FILL  VACANCIES  SHALL  BE  DEEMED REFERENCES TO A COMMITTEE TO
RECEIVE NOTICES), 6-154, AND SUBDIVISION  ONE  AND  THE  PROVISION  WITH
RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
SUCH  CANDIDATES  MAY  DECLINE SUCH DESIGNATIONS NOT LATER THAN FEBRUARY
THIRTEENTH, TWO THOUSAND TWELVE) OF THIS CHAPTER.  THE  STATE  BOARD  OF
ELECTIONS  SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS OF
ELECTIONS OF ANY SUCH DECLINATION FILED.
  3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
STATE IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE  THOU-
SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
  4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
WHICH  THE  OFFICE  OF THE PRESIDENT OF THE UNITED STATES APPEARS ON THE
BALLOT, IN ADDITION TO THE SPACES ON THE BALLOT WITH THE  NAMES  OF  THE
CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
"UNCOMMITTED."    THE  "UNCOMMITTED" SPACE SHALL BE LISTED ON THE BALLOT
PROVIDED THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE  WHICH
MEETS  THE  SAME  REQUIREMENTS AS A PETITION DESIGNATING A CANDIDATE FOR
THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
AS IS REQUIRED FOR SUCH A PETITION.
  5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
LISTED ON THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE  OF  PRESIDENT

S. 5753                             3

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 A OPPORTUNITY TO BALLOT.  THE SIGNA-
TURES ON THE PETITION WITH ALL THE REQUIRED INFORMATION AND  THE  SIGNED
STATEMENT  OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO TAKE
OATHS SHALL BE IN THE FORM PRESCRIBED FOR  A  DESIGNATING  PETITION  FOR
SUCH OFFICE.
  6.  A.  IF  THE  RULES  OF  A STATE COMMITTEE, ADOPTED PURSUANT TO THE
PROVISIONS OF THIS SECTION, PROVIDE THAT THE POSITIONS OF  DELEGATE  AND
ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
NATION  OF  CANDIDATES  FOR SUCH POSITIONS SHALL BE MADE PURSUANT TO THE
PROVISIONS OF SECTIONS 6-100, 6-118, 6-122, 6-130,  6-132  (EXCEPT  THAT
REFERENCES  TO  A COMMITTEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES
TO A COMMITTEE TO RECEIVE NOTICES), 6-134, 6-144,  THE  PROVISIONS  WITH
RESPECT  TO  DECLINATIONS  IN  SUBDIVISIONS ONE AND TWO OF SECTION 6-146
(EXCEPT THAT   REFERENCES TO A COMMITTEE  TO  FILL  VACANCIES  SHALL  BE
DEEMED  REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154, AND
SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
  B. CANDIDATES FOR THE POSITIONS OF  DISTRICT  DELEGATE  AND  ALTERNATE
DISTRICT  DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO THE
PROVISIONS OF THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH  PARTY  AND
RESIDENTS  OF  THE  DISTRICT IN WHICH THEY ARE CANDIDATES.  THE CONGRES-
SIONAL DISTRICTS USED FOR THE ELECTION OF SUCH DELEGATES  AND  ALTERNATE
DELEGATES  SHALL  BE  THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND TEN
CONGRESSIONAL ELECTIONS UNLESS NEW DISTRICT LINES DEVELOPED PURSUANT  TO
THE  STATE'S CONGRESSIONAL REDISTRICTING BASED UPON THE TWO THOUSAND TEN
FEDERAL CENSUS HAVE BEEN ENACTED INTO LAW AT LEAST NINETEEN WEEKS BEFORE
THE DATE OF THE PRESIDENTIAL PRIMARY.
  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.
  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 UNLESS ALL SUCH CANDI-
DATES 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.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY  VALID  UNLESS
THE  CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE

S. 5753                             4

AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH  A  VARI-
ANCE 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 TWELVE, THEN THE  PETITION  DESIGNATING
SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
  H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
ELECTIONS BY ELECTRONIC TRANSMISSION.
  7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH  SUCH
CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH
SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
  B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
FILED, NOT LATER THAN FEBRUARY TWENTY-FIRST, TWO THOUSAND TWELVE.
  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. EVERY OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING
PETITIONS FOR DELEGATE AND ALTERNATE DELEGATE WERE FILED PURSUANT TO THE
PROVISIONS OF THIS SECTION SHALL, NOT LATER THAN MARCH SECOND, TWO THOU-
SAND TWELVE, 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.

S. 5753                             5

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

S. 5753                             6

TIONS IN SUCH PRIMARY ELECTION AND THE VOTE 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.
  S 4. The election law is amended by adding a new  section  2-122-b  to
read as follows:
  S  2-122-B.  PRESIDENTIAL  PRIMARY. 1. APPLICABILITY. THE SELECTION OF
DELEGATES AND ALTERNATE DELEGATES FROM NEW YORK STATE  TO  THE  NATIONAL
CONVENTION  OF  THE  REPUBLICAN  PARTY IN EACH YEAR IN WHICH ELECTORS OF
PRESIDENT AND VICE-PRESIDENT OF THE UNITED  STATES  ARE  TO  BE  ELECTED
SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
COMMITTEE  OF  ANY OTHER POLITICAL PARTY MAY, BY RULE OR RESOLUTION, OPT
TO CONDUCT THE SELECTION OF DELEGATES AND  ALTERNATE  DELEGATES  IN  ANY
SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
COPY  OF  SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE BOARD OF
ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
  2. GENERAL PROVISIONS. THE SELECTION OF DELEGATES AND ALTERNATE DELEG-
ATES TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY  PURSU-
ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
PRIMARY  ELECTION  FOR  CANDIDATES  FOR  THE  OFFICE OF PRESIDENT OF THE
UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
THE BALLOT AND THE NAMES OF DELEGATES AND  ALTERNATE  DELEGATES  DO  NOT
APPEAR  ON  SUCH  BALLOT.    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 ELECTED FROM
EVERY CONGRESSIONAL DISTRICT IN THE  STATE,  UNLESS  THE  RULES  OF  THE
NATIONAL REPUBLICATION PARTY AND/OR THE CALL FOR THE NATIONAL CONVENTION
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  ELECTED  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  TWELVE  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
ELECTED AT SEPARATE AND DISTINCT  PRIMARY  ELECTIONS  HELD  WITHIN  EACH
CONGRESSIONAL  DISTRICT  OF  THE STATE. CONGRESSIONAL DISTRICT DELEGATES
SHALL BE ALLOCATED TO PRESIDENTIAL CANDIDATES  PURSUANT  TO  SUBDIVISION
FOUR  OF  THIS SECTION. AT-LARGE DELEGATES AND ALTERNATE DELEGATES SHALL
BE ELECTED BY THE STATE COMMITTEE AND ALLOCATED TO  PRESIDENTIAL  CANDI-
DATES 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

S. 5753                             7

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 TWELVE 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 TWELVE 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 WITHIN TWO
WEEKS OF ITS RECEIPT BY THE STATE BOARD.
  C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO
THE PROVISIONS OF ARTICLE SIX OF  THIS  CHAPTER.  DESIGNATING  PETITIONS
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.  ANY  CANDIDATE  MEETING THE REQUIREMENTS OF PARAGRAPH A, B OR C OF
THIS SUBDIVISION, SHALL FILE A CERTIFICATE WITH AND  HAVE  SUCH  CERTIF-
ICATE  RECEIVED  BY  THE  STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE
WEEKS AND NO LATER THAN NINE WEEKS PRIOR TO  THE  DATE  OF  THE  PRIMARY
ELECTION  ON WHICH THEIR NAME WILL APPEAR, PROVIDING A COMPLETE ELECTION
PRIORITIZED  LIST  OF  PROPOSED  CONGRESSIONAL  DISTRICT  DELEGATES  AND
CONGRESSIONAL  DISTRICT  ALTERNATE DELEGATES SUPPORTING AND COMMITTED TO
THEIR PRESIDENTIAL CANDIDACY FOR EACH SUCH POSITION  FROM  THE  CONGRES-
SIONAL  DISTRICTS  TO  BE  ELECTED  AT  THE  PRIMARY ELECTION. EACH SUCH
PROPOSED CONGRESSIONAL  DISTRICT  DELEGATE  AND  CONGRESSIONAL  DISTRICT
ALTERNATE  DELEGATE  MUST  BE AN ENROLLED MEMBER OF THE REPUBLICAN PARTY
AND RESIDE IN THE CONGRESSIONAL DISTRICT WHICH THEY SEEK  TO  REPRESENT.
THE  STATE  BOARD  OF  ELECTIONS  SHALL REVIEW EACH SUCH SLATE AND IF IT
DETERMINES THAT SUCH SLATE IS  NOT  COMPLETE  OR  IS  NOT  OTHERWISE  IN
COMPLIANCE  WITH  THE  PROVISIONS OF THIS PARAGRAPH, IT SHALL NOTIFY THE
PRESIDENTIAL CANDIDATE OF ANY DEFECTS FORTHWITH AND PROVIDE SUCH  PRESI-
DENTIAL CANDIDATE WITH FIVE BUSINESS DAYS TO CURE ANY DEFECTS.  A PRESI-
DENTIAL  CANDIDATE  ELIGIBLE TO APPEAR ON THE PRIMARY BALLOT PURSUANT TO
THE PROVISIONS OF PARAGRAPH A, B OR C OF THIS SUBDIVISION  SHALL  APPEAR
ON  SUCH PRIMARY BALLOT ONLY UPON THE FILING OF A CERTIFICATE IN COMPLI-
ANCE WITH THE PROVISIONS OF THIS PARAGRAPH.
  E. PRESIDENTIAL CANDIDATES DETERMINED ELIGIBLE TO APPEAR ON THE PRIMA-
RY BALLOT MAY, BY FILING A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS
RECEIVED NO LATER THAN SEVEN DAYS BEFORE SUCH PRIMARY ELECTION,  INVALI-

S. 5753                             8

DATE  THEIR  CANDIDACY  THEREBY RENDERING ANY VOTES CAST FOR SUCH CANDI-
DATES NULL AND VOID AND SUCH VOTES SHALL NOT BE COUNTED TOWARD STATEWIDE
OR CONGRESSIONAL DISTRICT VOTE TOTALS FOR PURPOSES OF ALLOCATING  DELEG-
ATES  AND  ALTERNATE DELEGATES PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF
THIS SECTION.
  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. (I) IF THE RULES OF THE NATIONAL REPUBLICAN PARTY OR THE  CALL  FOR
THE  NATIONAL CONVENTION PERMIT AND IF STATE CONGRESSIONAL REDISTRICTING
IS NOT ENACTED PRIOR TO TWELVE WEEKS BEFORE THE DATE OF THE PRESIDENTIAL
PRIMARY AND THE STATE HAS A NET LOSS OF CONGRESSIONAL DISTRICTS  FOLLOW-
ING  REAPPORTIONMENT, TWO DELEGATES AND TWO ALTERNATE DELEGATES SHALL BE
ELECTED FROM EACH OF THE PRE-APPORTIONMENT CONGRESSIONAL DISTRICTS.  THE
TWO DELEGATES AND THE  TWO  ALTERNATE  DELEGATES  FROM  A  CONGRESSIONAL
DISTRICT  SHALL  BE  AWARDED TO THE PRESIDENTIAL CANDIDATE RECEIVING THE
MOST VOTES IN THE CONGRESSIONAL DISTRICT PROVIDED, HOWEVER, THAT A PRES-
IDENTIAL 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  NO  PRESIDENTIAL CANDIDATE RECEIVES TWENTY
PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
CONGRESSIONAL DISTRICT, THE TWO  DELEGATE  AND  TWO  ALTERNATE  DELEGATE
POSITIONS  FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED PURSUANT
TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
  (II) IF THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH  ARE  NOT
PERMITTED  BY THE RULES OF THE NATIONAL REPUBLICAN PARTY OR THE CALL FOR
THE NATIONAL CONVENTION, THE NEW YORK  REPUBLICAN  STATE  COMMITTEE  MAY
ADOPT  A  PARTY  RULE  REGARDING  THE ELECTION OF CONGRESSIONAL DISTRICT
DELEGATES AND CONGRESSIONAL DISTRICT ALTERNATE DELEGATES TO TAKE  EFFECT
IN  THE  EVENT THAT STATE CONGRESSIONAL REDISTRICTING BASED UPON THE TWO
THOUSAND TEN CONGRESSIONAL  REAPPORTIONMENT  IS  NOT  ENACTED  PRIOR  TO

S. 5753                             9

TWELVE  WEEKS  BEFORE  THE  DATE OF THE TWO THOUSAND TWELVE PRESIDENTIAL
PRIMARY.
  5.  ELECTION  OF  AT LARGE DELEGATES AND AT LARGE ALTERNATE DELEGATES.
AT-LARGE DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED  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 A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI-
TY 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 ALTER-
NATE  DELEGATES  SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED ON THE
RATIO OF THE TOTAL STATEWIDE VOTE RECEIVED BY EACH  PRESIDENTIAL  CANDI-
DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI-
DATES  RECEIVING  AT  LEAST  TWENTY PERCENT OF THE STATEWIDE VOTE IN THE
PRESIDENTIAL PRIMARY ELECTION, THE NEW YORK REPUBLICAN  STATE  COMMITTEE
SHALL  APPORTION  PRO-RATA THE NUMBER OF AT-LARGE DELEGATES AND AT-LARGE
ALTERNATE DELEGATES THAT EACH  PRESIDENTIAL  CANDIDATE  IS  ENTITLED  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 COMMIT-
TEE. 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  PRESIDENTIAL
CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES.
IN  THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES BY
PROCESS OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE  AUTHOR-
IZED 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  PRESIDEN-
TIAL  CANDIDATES  OTHERWISE  ENTITLED  TO BE AWARDED DELEGATES, 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.
  S  5.  Section  6-158  of  the election law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. A DESIGNATING PETITION FILED FOR A PRESIDENTIAL PRIMARY  ELECTION
SHALL BE FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER
THAN THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
  S  6.  Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
  S 4-110. Certification of primary election candidates; state board  of
elections.   The state board of elections not later than thirty-six days
before a primary election  OR  FIFTY-FOUR  DAYS  BEFORE  A  PRESIDENTIAL
PRIMARY  ELECTION,  shall certify to each county board of elections: The
name and residence of each candidate to be voted for  within  the  poli-
tical  subdivision  of  such board for whom a designation has been filed
with the state board; the title of the office or position for which  the
candidate is designated; the name of the party upon whose primary ballot
his name is to be placed; and the order in which the names of the candi-
dates  are  to  be  printed  as determined by the state board.  Where an
office or position is uncontested, such certification shall  state  such
fact.

S. 5753                            10

  S 7. Section 4-114 of the election law, as amended by chapter 4 of the
laws of 2011, is amended to read as follows:
  S  4-114.  Determination  of candidates and questions; county board of
elections. The county board of elections, not  later  than  the  thirty-
fifth  day  before  the  day  of  a  primary or general election, or the
fifty-third day  before  a  special  election  OR  PRESIDENTIAL  PRIMARY
ELECTION,  shall  determine  the  candidates  duly  nominated for public
office and the questions that shall appear  on  the  ballot  within  the
jurisdiction of that board of elections.
  S  8. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 4 of the laws of 2011, is amended to read  as
follows:
  (a)  Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred  method
of  transmission  designated  by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any  event  not  later  than
thirty-two  days  before a primary or general election; twenty-five days
before a New York city  community  school  board  district  or  city  of
Buffalo  school  district  election;  fourteen  days  before  a  village
election conducted by the board of elections; and forty-five days before
a special election OR PRESIDENTIAL PRIMARY ELECTION. A voter who submits
a military ballot application shall be entitled  to  a  military  ballot
thereafter  for  each subsequent election through and including the next
two regularly scheduled general elections held in even  numbered  years,
including any run-offs which may occur; provided, however, such applica-
tion  shall  not  be valid for any election held within seven days after
its receipt. Ballots shall also be  mailed  to  any  qualified  military
voter  who  is  already registered and who requests such military ballot
from such board of elections in a letter, which is signed by  the  voter
and  received  by  the board of elections not later than the seventh day
before the election for which the ballot is requested and  which  states
the  address  where the voter is registered and the address to which the
ballot is to be mailed. The board of elections shall enclose  with  such
ballot  a  form  of  application  for  military ballot. In the case of a
primary election, the board shall deliver only the ballot of  the  party
with  which  the  military  voter  is enrolled according to the military
voter's registration records. In the event a primary election is  uncon-
tested  in  the  military  voter's  election district for all offices or
positions except the party position of member of the ward, town, city or
county committee, no ballot shall be delivered to  such  military  voter
for such election; and the military voter shall be advised of the reason
why he or she will not receive a ballot.
  S  9.  Subdivision 4 of section 11-204 of the election law, as amended
by chapter 4 of the laws of 2011, is amended to read as follows:
  4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than thirty-two days before  each
general  or  primary  election  and  forty-five days before each special
election OR PRESIDENTIAL PRIMARY ELECTION in  which  such  applicant  is
qualified  to  vote, or three days after receipt of such an application,
whichever is later, mail to him or her at the residence address  outside
the  United  States  shown  in his or her application, a special federal
ballot, an inner affirmation envelope and an outer envelope,  or  other-
wise distribute same to the voter in accordance with the preferred meth-
od of transmission designated by the voter pursuant to section 11-203 of

S. 5753                            11

this  title.  The  board  of  elections  shall  also  mail, or otherwise
distribute in accordance  with  the  preferred  method  of  transmission
designated  by  the  voter  pursuant  to section 11-203 of this title, a
special  federal  ballot to every qualified special federal voter who is
already registered and who requests such  special  federal  ballot  from
such  board  of  elections in a letter, which is signed by the voter and
received by the board of elections not later than the seventh day before
the election for which the ballot is first requested  and  which  states
the  address  where the voter is registered and the address to which the
ballot is to be mailed.  The board of elections shall enclose with  such
ballot a form of application for a special federal ballot.
  S 10. Separability.  If any sentence, clause, subparagraph, paragraph,
subdivision, section or other part of this act, or the application ther-
eof  to  any party, person or circumstances shall be held or adjudged by
any court of competent jurisdiction to be invalid, such holding or judg-
ment shall not affect, impair or invalidate the remainder or any portion
of the remainder of this act, or the application of such section or part
of a section held or adjudged to be invalid,  to  any  other  person  or
circumstances,  but  shall be confined in its operation to the sentence,
clause, subparagraph, paragraph, subdivision, section or other  part  of
this  act  directly involved in the controversy in which such holding or
judgment shall have been rendered, or to the party, person  and  circum-
stances therein involved.
  S  11. This act shall take effect immediately; except that if this act
shall become a law after July 1, 2011, it shall take effect  immediately
and  shall  be deemed to have been in full force and effect on and after
July 1, 2011; and shall expire December 31, 2012 when upon such date the
provisions of this act shall be deemed repealed.

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