senate Bill S6417

Relates to the reimbursement to counties and the city of New York of the costs associated with administering primary elections

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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

  • 22 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 11 / Mar / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 05 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to the reimbursement to counties and the city of New York of the costs associated with administering primary elections.

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Bill Details

See Assembly Version of this Bill:
A8740
Versions:
S6417
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Election Law
Laws Affected:
Amd §6-160, El L

Votes

8
1
8
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Elections committee vote details

Sponsor Memo

BILL NUMBER:S6417

TITLE OF BILL: An act to amend the election law, in relation to the
reimbursement to counties and the city of New York of the costs
associated with administering primary elections

PURPOSE:

The bill will require the state to reimburse counties and the city of
New York for the costs of conducting the September primary in even
numbered election years.

SUMMARY OF PROVISIONS:

Section 1 amends Section 6-160 of the election law by adding a new
subdivision three, requiring the state to reimburse the counties and
city of New York for the costs associated with administering the
September primaries in even numbered election years. It further sets
forth the reimbursable expenses, and the mechanisms through which
counties may apply to the state board of elections for reimbursement.
It sets the reimbursement rate at 100% of the approved expenditures,
and authorizes the state board of elections to promulgate rules and
regulations necessary to fulfill the law.

JUSTIFICATION:

Under the Federal Military Overseas Voter Empowerment (MOVE) Act,
state are required to set primary elections dates that allow members
of the military and overseas citizens to register and vote with
sufficient time for their ballots to be sent, delivered, cast,
returned and counted.

To comply with those requirements, New York State was required to hold
separate primaries for federal (Congress and U.S. Senate) elections,
in addition to those for the state and local elections on the November
ballot in 2012, having been granted a waiver for the 2010 elections.

With the 2014 elections pending, U.S. District Court Judge Gary Sharpe
(N.D.N.Y.) has ordered, as part of the decision in the matter of The
United States of America v. State of New York, that this year's
primary for federal offices are to be conducted on June 24, 2014.

Should New York State not change the date of the state and local
primary to June 24, 2014, to coincide with the required federal
primary date, the result will be two complete election cycles,
including petitioning, machine set up and programming, election day
voting procedures and canvas and re-canvas processes.

The estimated cost of the second primary, with all expenses included,
would be approximately $50,000,000 to the counties of New York and New
York City.

This is an unfunded and unnecessary mandate that not only affects our
counties and New York City, but also impedes the ability of nearly
50,000 New Yorkers, including more than 10,000 active military men and
women, to have their votes properly cast and counted.


LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Estimated to be approximately $50,000,000

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6417

                            I N  S E N A T E

                            January 22, 2014
                               ___________

Introduced  by  Sen. TKACZYK -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to  the  reimbursement  to
  counties  and the city of New York of the costs associated with admin-
  istering primary elections

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

  Section  1.  Section  6-160 of the election law is amended by adding a
new subdivision 3 to read as follows:
  3. THE STATE OF NEW YORK SHALL REIMBURSE COUNTIES AND THE CITY OF  NEW
YORK  FOR  COSTS ASSOCIATED WITH ADMINISTERING PRIMARY ELECTIONS HELD IN
SEPTEMBER OF EACH EVEN NUMBERED ELECTION YEAR.
  (A) REIMBURSEMENT OF SUCH EXPENSES SHALL BE MADE UPON  APPLICATION  OF
SUCH  COUNTIES OR THE CITY OF NEW YORK FOR STATE AID UNDER THIS SECTION,
BY FILING WITH THE STATE BOARD OF ELECTIONS A PLAN,  INCLUDING  SPECIFIC
COSTS, DETAILING EXPENSES ASSOCIATED WITH CONDUCTING SUCH PRIMARY.
  (B) INCLUDED IN SUCH REIMBURSABLE COSTS SHALL BE CLERICAL COSTS, MAIN-
TENANCE  AND  OPERATION  COSTS,  AS  WELL  AS SALARIES OF LOCAL BOARD OF
ELECTIONS  PERSONNEL,  POLL  INSPECTORS,  BALLOT   AND   SAMPLE   BALLOT
PRODUCTION,  DISTRIBUTION AND SUCH OTHER COSTS ACCRUED IN FULFILLING THE
REQUIREMENTS OF ARTICLES EIGHT AND NINE OF THIS CHAPTER, AND SUCH  OTHER
INFORMATION AS THE STATE BOARD OF ELECTIONS SHALL REQUIRE.
  (C)  THE  STATE BOARD OF ELECTIONS SHALL APPROVE SUCH REIMBURSEMENT IF
IT CONFORMS TO STANDARDS RELATING TO THE ADMINISTRATION OF ELECTIONS.
  (D) STATE AID SHALL BE GRANTED TO THE CITY OF NEW YORK AND THE RESPEC-
TIVE COUNTIES OUTSIDE THE CITY OF NEW YORK ONLY TO THE EXTENT  OF  REIM-
BURSING  ONE HUNDRED PER CENTUM OF THE APPROVED EXPENDITURES INCURRED BY
THE COUNTY OR CITY IN MAINTAINING AND ADMINISTERING THE SEPTEMBER PRIMA-
RY ELECTION.
  (E) THE STATE BOARD OF ELECTIONS  SHALL  PROMULGATE  RULES  AND  REGU-
LATIONS  IN  FURTHERANCE  OF THESE PROVISIONS IN ACCORDANCE WITH SECTION
3-102 OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13422-01-4

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