assembly Bill A7832A

Signed by Governor Amended

Relates to run-off elections in the city of New York

download pdf

Sponsor

CUSICK

Bill Status


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

actions

  • 05 / Jun / 2013
    • REFERRED TO ELECTION LAW
  • 06 / Jun / 2013
    • AMEND AND RECOMMIT TO ELECTION LAW
  • 06 / Jun / 2013
    • PRINT NUMBER 7832A
  • 12 / Jun / 2013
    • REPORTED REFERRED TO RULES
  • 12 / Jun / 2013
    • REPORTED
  • 12 / Jun / 2013
    • RULES REPORT CAL.285
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.285
  • 12 / Jun / 2013
    • PASSED ASSEMBLY
  • 12 / Jun / 2013
    • DELIVERED TO SENATE
  • 12 / Jun / 2013
    • REFERRED TO ELECTIONS
  • 17 / Jun / 2013
    • RECALLED FROM SENATE
  • 17 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 17 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 7832B
  • 20 / Jun / 2013
    • REPASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 20 / Jun / 2013
    • COMMITTED TO RULES
  • 20 / Jun / 2013
    • SUBSTITUTED FOR S4088C
  • 20 / Jun / 2013
    • 3RD READING CAL.371
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 02 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 08 / Jul / 2013
    • SIGNED CHAP.99
  • 08 / Jul / 2013
    • APPROVAL MEMO.1

Summary

Relates to run-off elections in the city of New York.

do you support this bill?

Bill Details

Versions:
A7832
A7832A
A7832B
Legislative Cycle:
2013-2014
Law Section:
Election Law
Laws Affected:
Amd ยงยง4-114, 7-200, 8-100, 8-412, 9-214, 10-108 & 10-114, El L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7832--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 5, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Election  Law  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to  run-off  elections  in
  the  city of New York; and providing for the repeal of such provisions
  upon the expiration thereof

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

  Section  1.  Legislative  findings. The legislature finds and declares
that the effective and timely administration of local elections  in  the
city  of  New York is a matter of substantial state concern. In further-
ance of this concern, the legislature finds that it is essential to  the
local  democratic  process  to ensure that the board of elections in the
city of New York utilizes voting machines that allow for the timely  and
orderly  administration  of  elections. In order to modernize and update
the voting systems utilized in New York State,  the  legislature  passed
the  Election  Reform  and  Modernization  Act  of 2005, which set forth
requirements for electronic voting systems, including  optical  scanning
voting machines, throughout the state. The implementation of these elec-
tronic  voting  systems  has  brought  the  state  into conformance with
national standards for voting system performance and modernization.  The
state  has a substantial interest in ensuring that elections in the city
of New York are generally conducted with  an  electronic  voting  system
that  meets  the  above mentioned statewide standards. At the same time,
the city of New York is uniquely situated in that a run-off  primary  is
required  to  be  held  two  weeks  after  the local primary election in
certain circumstances. In recent  elections  administered  with  optical
scanning  voting  machines, approved by the state board of elections, it
has taken over two weeks for the board of elections in the city  of  New
York  to  finalize  election results. A series of one-time and immediate
short-term changes to the current election law, as applied to  the  city

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11277-06-3

A. 7832--A                          2

of  New York, are therefore necessary to further the state's substantial
concerns and ensure that the 4.2 million registered voters in  the  city
of  New  York  are  able to exercise their voting rights in a timely and
orderly  primary  election  and  run-off  election,  should a run-off be
required.
  S 2. 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, shall determine the candi-
dates duly nominated for public office  and  the  questions  that  shall
appear on the ballot within the jurisdiction of that board of elections.
PROVIDED,  HOWEVER,  IN  ANY  YEAR  IN  WHICH  THERE  HAS BEEN A RUN-OFF
ELECTION IN THE CITY OF NEW YORK, THE BOARD OF ELECTIONS  OF  SUCH  CITY
SHALL,  NOT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE GENERAL ELECTION
IN THAT YEAR, DETERMINE THE CANDIDATES DULY NOMINATED FOR PUBLIC  OFFICE
AND  THE  QUESTIONS THAT SHALL APPEAR ON THE BALLOT WITHIN THE JURISDIC-
TION OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK.
  S 3. Subdivision 1 of section 7-200 of the election law, as amended by
chapter 181 of the laws of 2005, is amended to read as follows:
  1. The board of elections of the city of New  York  and  other  county
boards  of  elections  may  adopt  any  kind of voting machine or system
approved by the state board of elections, or the use of which  has  been
specifically  authorized  by  law;  and thereupon such voting machine or
system may be used at any or all elections and  shall  be  used  at  all
general  or  special elections held by such boards in such city, town or
village and in every contested primary election in the city of New  York
and  in every contested primary election outside the city of New York in
which there are one thousand or more enrolled voters qualified to  vote.
No  more than two types of voting machines or systems may be used by any
local board of elections at a single election. Notwithstanding the other
provisions of this subdivision, any local board of elections may  borrow
or  lease for use on an experimental basis for a period of not more than
one year each, voting machines or systems of any type  approved  by  the
state board of elections.
  (A)  (I)  THE  BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL DEPLOY
AND UTILIZE OPTICAL SCANNING VOTING MACHINES APPROVED BY THE STATE BOARD
OF ELECTIONS AT ALL PRIMARY  ELECTIONS  CONDUCTED  PURSUANT  TO  SECTION
8-100 OF THIS CHAPTER.
  (II)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BOARD OF
ELECTIONS IN THE CITY OF NEW  YORK  IS  HEREBY  AUTHORIZED  TO  PREPARE,
DEPLOY  AND  UTILIZE MECHANICAL LEVER VOTING MACHINES AT ANY NON-FEDERAL
PRIMARY ELECTION, CONDUCTED PURSUANT TO SECTION 8-100 OF  THIS  CHAPTER.
THE  PREPARATION,  DEPLOYMENT  AND  UTILIZATION OF SUCH MECHANICAL LEVER
MACHINES SHALL ONLY OCCUR AFTER SUCH BOARD OF ELECTIONS  DETERMINES  THE
USE  OF  SUCH  MECHANICAL  LEVER  MACHINES AT SUCH A NON-FEDERAL PRIMARY
ELECTION IS NECESSARY TO ENSURE THE TIMELY AND ORDERLY ADMINISTRATION OF
THE PRIMARY ELECTION, INCLUDING BUT NOT LIMITED TO A TIMELY VOTE COUNT.
  (B) (I) THE BOARD OF ELECTIONS IN THE CITY OF NEW  YORK  SHALL  DEPLOY
AND UTILIZE OPTICAL SCANNING VOTING MACHINES APPROVED BY THE STATE BOARD
OF  ELECTIONS  IN  ALL  RUN-OFF  ELECTIONS CONDUCTED PURSUANT TO SECTION
8-100 OF THIS CHAPTER.
  (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BOARD  OF
ELECTIONS  IN  THE  CITY  OF  NEW  YORK IS HEREBY AUTHORIZED TO PREPARE,
DEPLOY AND UTILIZE MECHANICAL  LEVER  VOTING  MACHINES  AT  ANY  RUN-OFF

A. 7832--A                          3

ELECTION, CONDUCTED PURSUANT TO SECTION 8-100 OF THIS CHAPTER. THE PREP-
ARATION,  DEPLOYMENT  AND  UTILIZATION OF SUCH MECHANICAL LEVER MACHINES
SHALL ONLY OCCUR AFTER SUCH BOARD OF ELECTIONS DETERMINES THAT THE PREP-
ARATION,  DEPLOYMENT AND UTILIZATION OF OPTICAL SCANNING VOTING MACHINES
APPROVED BY THE STATE BOARD OF ELECTIONS, AT SUCH  RUN-OFF  ELECTION  IS
IMPRACTICABLE  GIVEN THE COSTS AND STATUTORY TIME CONSTRAINTS ASSOCIATED
WITH THE PREPARATION, DEPLOYMENT AND UTILIZATION OF SUCH  OPTICAL  SCAN-
NING MACHINES.
  (C) SHOULD THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK UTILIZE SUCH
MECHANICAL  LEVER  VOTING  MACHINES  PURSUANT TO PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION, IN  ANY  PRIMARY  OR  RUN-OFF  ELECTION,  PURSUANT  TO
SECTION 8-100 OF THIS CHAPTER, SUCH BOARD OF ELECTIONS MUST ALSO PROVIDE
A  VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF
SUBDIVISION TWO OF SECTION 7-202 OF THIS TITLE IN EACH POLLING SITE.
  S 4. Paragraph (b) of subdivision 1 of section 8-100 of  the  election
law,  as added by chapter 373 of the laws of 1978, is amended to read as
follows:
  (b) In the event a run-off primary election is required in the city of
New York, it shall be held on the [second] THIRD Tuesday next succeeding
the date on which the initial primary election was held.
  S 5. Subdivision 1 of section 8-412 of the election law, as amended by
chapter 155 of the laws of 1994, is amended to read as follows:
  1. The board of elections shall cause all absentee ballots received by
it before the close of  the  polls  on  election  day  and  all  ballots
contained  in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the  United  States  govern-
ment,  with  a  date  which  is ascertained to be not later than the day
before election and received by such board of elections not  later  than
seven days following the day of election, OR FOURTEEN DAYS FOLLOWING THE
DAY OF THE GENERAL ELECTION IN THE CITY OF NEW YORK IN ANY YEAR IN WHICH
THERE  HAS  BEEN  A RUN-OFF ELECTION, to be cast and counted except that
the absentee ballot of a voter who  requested  such  ballot  by  letter,
rather than application, shall not be counted unless a valid application
form,  signed  by such voter, is received by the board of elections with
such ballot.
  S 6. Section 9-214 of the election law, the section heading and  first
undesignated  paragraph  as  amended by chapter 286 of the laws of 1983,
and the second undesignated paragraph as amended by  chapter  4  of  the
laws of 2011, is amended to read as follows:
  S  9-214.  Transmission  of  statements  of canvassing boards to state
board of elections and secretary of state. The board of elections  shall
transmit  by mail or cause to be delivered personally to the state board
of elections, a certified copy of the statement of the canvassing  board
relating  to  the offices of electors of president and vice-president of
the United States, United States senator,  representatives  in  congress
and  state  offices, including members of the state senate and assembly,
and to the votes cast on any ballot proposal submitted to all the voters
of the state, within twenty-five days after the election. If any  certi-
fied  copy  shall  not  be  received by the state board on or before the
twenty-fifth day following a general election, or a special election, it
shall dispatch a special messenger to obtain such  certified  copy,  and
the board of elections, immediately upon demand of such messenger at its
office,  shall  make  and deliver a certified copy to such messenger who
shall deliver it forthwith to the state board.

A. 7832--A                          4

  The board of elections shall transmit to the secretary of state within
twenty-five days after a general election, and within twenty days  after
a  special  election,  a list of the names and residences of all persons
determined by the canvassing board to be elected to any  county  office.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY YEAR IN
WHICH  THERE  HAS  BEEN  A RUN-OFF ELECTION IN THE CITY OF NEW YORK, THE
BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL TRANSMIT TO THE  SECRE-
TARY  OF  STATE NOT LATER THAN THIRTY DAYS AFTER THE GENERAL ELECTION IN
THAT YEAR A LIST OF THE NAMES AND RESIDENCES OF ALL  PERSONS  DETERMINED
BY THE CANVASSING BOARD TO BE ELECTED TO ANY COUNTY OFFICE.
  The board of elections shall transmit to the state board, on or before
the  tenth  day of December following an election for governor, a certi-
fied tabulated statement, by election districts, of the official canvass
of the votes cast for candidates for governor, to include, in  the  case
of  a  candidate who was nominated by two or more parties or independent
bodies, a separate statement of the number of votes cast for him as  the
candidate  of  each  party or independent body by which he was nominated
and if the county contains more than one assembly district or  parts  of
more than one assembly district, a statement of the number of votes cast
for governor by assembly district.
  S  7. 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.  NOTWITHSTANDING THE FOREGOING  PROVISIONS  OF  THIS
SECTION,  IN  ANY YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE
CITY OF NEW YORK, BALLOTS FOR MILITARY VOTERS SHALL BE MAILED OR  OTHER-
WISE  DISTRIBUTED  BY  THE BOARD OF ELECTIONS OF SUCH CITY IN ACCORDANCE
WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSU-
ANT TO SECTION 10-107 OF THIS ARTICLE, AS SOON AS PRACTICABLE BUT IN ANY
EVENT NOT LATER THAN TWENTY-FIVE DAYS BEFORE A GENERAL ELECTION IN  THAT
YEAR.  A  voter who submits a military ballot application shall be enti-
tled 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 application 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  uncontested  in  the  military  voter's  election
district for all offices or  positions  except  the  party  position  of

A. 7832--A                          5

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  8.  Subdivision 1 of section 10-114 of the election law, as amended
by chapter 165 of the laws of 2009, is amended to read as follows:
  1. The board of elections shall cause all military ballots received by
it before the close of  the  polls  on  election  day  and  all  ballots
contained  in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States government
or are signed and dated by the voter and one  witness  thereto,  with  a
date  which  is ascertained to be not later than the day before election
and received by such board  of  elections  not  later  than  seven  days
following the day of a primary election and not later than thirteen days
following the day of a general or special election to be cast and count-
ed.    NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY
YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE CITY OF NEW YORK,
THE BOARD OF ELECTIONS OF SUCH CITY SHALL  CAUSE  ALL  MILITARY  BALLOTS
RECEIVED  BY  IT  BEFORE  THE CLOSE OF THE POLLS ON ELECTION DAY AND ALL
BALLOTS CONTAINED IN ENVELOPES SHOWING A CANCELLATION MARK OF THE UNITED
STATES POSTAL SERVICE OR FOREIGN COUNTRY'S POSTAL SERVICE, OR SHOWING  A
DATED  ENDORSEMENT  OF  RECEIPT  BY  ANOTHER AGENCY OF THE UNITED STATES
GOVERNMENT OR ARE SIGNED AND DATED BY THE VOTER AND ONE WITNESS THERETO,
WITH A DATE WHICH IS ASCERTAINED TO BE NOT LATER  THAN  THE  DAY  BEFORE
ELECTION  DAY  AND  RECEIVED  BY  SUCH BOARD OF ELECTIONS NOT LATER THAN
TWENTY DAYS FOLLOWING THE DAY OF A GENERAL ELECTION IN THAT YEAR  TO  BE
CAST AND COUNTED.
  S  9.  The  amendments to the election law set forth in this act shall
apply notwithstanding any other provision of general, special  or  local
law, including but not limited to any provision of law that would render
the  preparation,  deployment and utilization of mechanical lever voting
machines impracticable where the board of elections in the city  of  New
York  makes  a determination with respect to such machines as authorized
by subdivision 1 of section 7-200 of the  election  law  as  amended  by
section three of this act.
  S  10.   On or before July 1, 2014, the board of elections in the city
of New York shall submit a report to the governor,  temporary  president
of  the  senate, speaker of the assembly, minority leader of the senate,
minority leader of the assembly, chair of the senate standing  committee
on  elections, chair of the assembly standing committee on election law,
mayor of the city of New York, and speaker of the New York city council,
detailing a plan for administering effective and timely elections in the
city of New York with a voting machine system that  meets  the  require-
ments of title 2 of article 7 of the election law and without the use of
mechanical lever machines. Such plan shall address, at a minimum, train-
ing  of  board  of  elections  staff, including poll clerks and election
inspectors in connection with the preparation, testing,  deployment  and
utilization  of  optical  scanning voting machines approved by the state
board of elections, including further education and  training  regarding
the needs of voters with disabilities, appropriate and effective methods
for  streamlining  election night canvassing procedures, and appropriate
and effective methods of ensuring full and fair  voting  machine  access
for all voters.
  S  11.  The  board  of  elections  in the city of New York shall adopt
procedures regarding the  preparation,  deployment  and  utilization  of

A. 7832--A                          6

mechanical  lever  voting machines should such board of elections deter-
mine under section three of this act that  such  lever  voting  machines
shall be used. Such procedures shall seek to ensure that the canvass and
recanvass of the mechanical lever voting machines occurs in a timely and
efficient manner.
  S  12.  This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2013, except that section ten of  this  act
shall expire and be deemed repealed August 1, 2014.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.