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

                                  6604

                            I N  S E N A T E

                            January 29, 2016
                               ___________

Introduced  by  Sen.  AKSHAR -- 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 primary  elections  and
  amending  certain  deadlines  to facilitate the timely transmission of
  ballots to military voters stationed overseas and in relation to  date
  of  primary  elections;  and  to  amend  the  public  officers law, in
  relation to filling vacancies in elective offices

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

  Section  1.  Subdivision  1  of  section 1-106 of the election law, as
amended by chapter 700 of the laws  of  1977,  is  amended  to  read  as
follows:
  1.  All papers required to be filed pursuant to the provisions of this
chapter shall, unless otherwise provided, be filed between the hours  of
nine  A.M.  and  five  P.M.  If  the last day for filing shall fall on a
Saturday, Sunday or legal holiday, the next business  day  shall  become
the  last  day  for filing. All papers sent by mail in an envelope post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL  CERTIF-
ICATES  AND  PETITIONS  OF  DESIGNATION  OR  NOMINATION, CERTIFICATES OF
ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS OR  NOMINATIONS,  CERTIF-
ICATES  OF  AUTHORIZATION  FOR SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS OR NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS  OF  OBJECTIONS
TO  SUCH  CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH THE STATE
BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE  CITY  OF  NEW
YORK  SHALL  BE  DEEMED  TIMELY FILED AND ACCEPTED FOR FILING IF SENT BY
MAIL OR DESIGNATED DELIVERY SERVICE PERMITTED BY  SUBDIVISION  THREE  OF
THIS  SECTION,  IN  AN ENVELOPE POSTMARKED PRIOR TO MIDNIGHT OF THE LAST
DAY OF FILING AND RECEIVED NO LATER THAN TWO  BUSINESS  DAYS  AFTER  THE
LAST  DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICA-
TIONS. FAILURE OF THE POST OFFICE OR  ANY  OTHER  PERSON  OR  ENTITY  TO
DELIVER  ANY  SUCH  PETITION,  CERTIFICATE OR OBJECTION TO SUCH BOARD OF
ELECTIONS OUTSIDE THE CITY OF NEW YORK NO LATER THAN TWO  BUSINESS  DAYS

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

                                                           LBD02859-08-6

S. 6604                             2

AFTER  THE  LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR
SPECIFICATIONS SHALL BE  A  FATAL  DEFECT.  EXCEPTED  FURTHER  that  all
certificates and petitions of designation or nomination, certificates of
acceptance  or declination of such designations and nominations, certif-
icates  of  substitution  for  such  designations  or  nominations   and
objections  and  specifications  of  objections to such certificates and
petitions required to be filed with the board of elections of  the  city
of New York must be actually received by such city board of elections on
or  before  the  last  day  to  file  any  such petition, certificate or
objection and such  office  shall  be  open  for  the  receipt  of  such
petitions, certificates and objections until midnight on the last day to
file  any  such  petition, certificate or objection. Failure of the post
office or any other person or  entity  to  deliver  any  such  petition,
certificate  or  objection  to such city board of elections on or before
such last day shall be a fatal defect.
  S 2. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1. Every board of elections shall, in  consultation  with  each  city,
town and village, designate the polling places in each election district
in  which  the  meetings  for  the  registration  of voters, and for any
election may be held. The board of trustees of  each  village  in  which
general  and  special  village  elections  conducted  by  the  board  of
elections are held at a time other than the time of a  general  election
shall submit such a list of polling places for such village elections to
the  board  of  elections.  A polling place may be located in a building
owned by a religious organization or used by it as a place  of  worship.
If  such  a  building  is designated as a polling place, it shall not be
required to be open for voter registration on any Saturday  if  this  is
contrary to the religious beliefs of the religious organization. In such
a  situation,  the  board  of  elections  shall  designate  an alternate
location to be used for voter registration. Such polling places must  be
designated  by  [May  first] APRIL FIFTEENTH, of each year, and shall be
effective for one year thereafter. Such a list required to be  submitted
by  a  village  board of trustees must be submitted at least four months
before each general village election and shall be effective  until  four
months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so  designated.  If,  within  the discretion of the board of elections a
particular polling place so  designated  is  subsequently  found  to  be
unsuitable  or  unsafe  or should circumstances arise that make a desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered to select an alternative meeting place. In  the  city  of  New
York,  the  board  of  elections shall designate such polling places and
alternate registration places if the polling place cannot  be  used  for
voter registration on Saturdays.
  S 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision  2  as amended by chapter 635 of the laws of 1990, are amended to
read as follows:
  1. The state board of elections shall, [at least eight  months  before
each]  BY  MARCH  FIRST  IN  THE YEAR OF EACH general election, make and
transmit to the board of elections of each county, a certificate stating
each office, except county, city, village and town offices to  be  voted
for at such election in such county.
  2.  Each  county, city, village and town clerk, [at least eight months
before each] BY MARCH FIRST IN THE YEAR OF EACH general election,  shall

S. 6604                             3

make  and  transmit to the board of elections a certificate stating each
county, city, village or town office, respectively to be  voted  for  at
each such election. Each village clerk, at least five months before each
general  village  election  conducted  by  the board of elections, shall
make, and transmit to such board, a  certificate  stating  each  village
office to be filled at such election.
  S  4.  Paragraph  b  of subdivision 1 of section 4-108 of the election
law, as amended by chapter 117 of the laws of 1985, is amended  to  read
as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is  to  be  submitted  to  a vote of the people of a county, city, town,
village or special district, at an election conducted by  the  board  of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition  or  referendum  is  to be submitted, shall transmit to each
board of elections a certified copy of the text of such proposal, propo-
sition or referendum and a statement of the form in which it  is  to  be
submitted.  If  a special election is to be held, such transmittal shall
also give the date of such election.
  S 5. Section 4-110 of the election law, as amended by  chapter  87  of
the laws of 2015, 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]
FIFTY-FIVE  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 political 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 OR HER name is to be placed; and the order  in  which
the names of the candidates are to be printed as determined by the state
board.  Where  an  office or position is uncontested, such certification
shall state such fact.
  S 5-a. 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]
FIFTY-FIVE days before a primary election, shall certify to each  county
board of elections: The name and residence of each candidate to be voted
for  within  the  political  subdivision of such board for whom a desig-
nation 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 OR HER name is to be placed; and the order
in which the names of the candidates are to be printed as determined  by
the  state  board.  Where  an  office  or  position is uncontested, such
certification shall state such fact.
  S 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1.  The  state  board  of  elections,  not  later  than   [thirty-six]
FIFTY-FIVE  days before a general election, or fifty-three days before a
special election, shall certify to each county board  of  elections  the
name  and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish  the  candidates
of the party or body; and a notation as to whether or not any litigation

S. 6604                             4

is  pending  concerning  the  candidacy. Upon the completion of any such
litigation, the state board of  elections  shall  forthwith  notify  the
appropriate  county  boards  of  elections  of the results of such liti-
gation.
  S  7.  Section  4-114 of the election law, as amended by chapter 87 of
the laws of 2015, 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] FIFTY-FOURTH 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 7-a. 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] FIFTY-FOURTH day before the day of a primary or general election,
or  the  fifty-third  day before a special 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. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1. The board of elections, [between August first and August  fifth  of
each  year]  NOT  LESS  THAN  SIXTY-FIVE DAYS NOR MORE THAN SEVENTY DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by first class mail
on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
request that any such mail received for  persons  not  residing  at  the
address be dropped back in the mail, a communication, in a form approved
by  the state board of elections, to every registered voter who has been
registered without a change of address since the beginning of such year,
except that the board of elections shall not be required  to  send  such
communications  to  voters  in  inactive status. The communication shall
notify the voter of the days and hours of the ensuing primary and gener-
al elections, the place where he OR SHE appears by his OR HER  registra-
tion records to be entitled to vote, the fact that voters who have moved
or will have moved from the address where they were last registered must
re-register  or,  that  if  such move was to another address in the same
county or city, that such voter may either notify the board of elections
of his OR HER new address or vote by paper ballot at the  polling  place
for  his OR HER new address even if such voter has not re-registered, or
otherwise notified the board of elections of the change of  address.  If
the  location of the polling place for the voter's election district has
been moved, the communication shall contain the following legend in bold
type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE  AT..........".
The  communication  shall  also  indicate  whether  the polling place is
accessible to physically disabled voters, that a voter who will  be  out
of the city or county on the day of the primary or general election or a
voter  who  is ill or physically disabled may obtain an absentee ballot,
that a physically disabled voter whose polling place is  not  accessible
may  request that his OR HER registration record be moved to an election
district which has a polling place which is accessible, the phone number
to call for applications to move a registration record or  for  absentee
ballot applications, the phone number to call for the location of regis-
tration  and  polling  places, the phone number to call to indicate that
the voter is willing to serve on election day as an election  inspector,

S. 6604                             5

poll clerk, interpreter or in other capacities, the phone number to call
to obtain an application for registration by mail, and such other infor-
mation  concerning  the  elections  or  registration  as  the  board may
include.  In  lieu  of  sending  such  communication to every registered
voter, the board of elections may  send  a  single  communication  to  a
household  containing  more than one registered voter, provided that the
names of all such voters appear as part of the address on such  communi-
cation.
  S 9. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:
  1.  The  board  of elections shall also cause to be published for each
election district a complete list  of  the  registered  voters  of  each
election  district.  Such  list  shall,  in  addition to the information
required for registration lists, include the party  enrollment  of  each
voter.  At  least  as  many copies of such list shall be prepared as the
required minimum number of registration lists.
  Lists for all the election districts in a ward  or  assembly  district
may  be  bound together in one volume. The board of elections shall also
cause to be published a complete list of names and  residence  addresses
of  the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The  names
for each town and city may be arranged according to street and number or
alphabetically.  Such  lists  shall be published before the first day of
[April] MARCH.  The board shall keep at least  five  copies  for  public
inspection  at  each  main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost  of
publication.
  S  10.  Paragraph  a of subdivision 5 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read  as
follows:
  a. At least once each year during the month of [May] MARCH, each board
of elections shall obtain through the National Change of Address System,
the  forwarding  address  for  every voter registered with such board of
elections for whom the United States Postal Service has such a  forward-
ing  address  together  with the name of each such voter whom the Postal
Service records indicate has moved from  the  address  at  which  he  is
registered without leaving a forwarding address.
  S  11.  Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
  1. In any town in a county having a population of over  seven  hundred
fifty  thousand inhabitants, as shown by the latest federal decennial or
special population census, party  nominations  of  candidates  for  town
offices  shall  be  made  at  the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made  by
caucus  or  primary  election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the  party  candidates
for  town  offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by  the  members
of  the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule  shall
not  apply  to  nor  affect a primary held less than four months after a
certified copy of the rule shall have  been  filed  with  the  board  of
elections.  After  the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent  primary.

S. 6604                             6

Such  a  caucus  shall  be  held  no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
  S  12.  Subdivisions  1 and 2 of section 6-147 of the election law, as
amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
follows:
  1.  The  name  of  a  person designated on more than one petition as a
candidate for a party position to be filled by two or more persons shall
be printed on the ballot with the group of candidates designated by  the
petition  first filed unless such person, in a certificate duly acknowl-
edged by him OR HER and filed with the board of elections not later than
the [eighth] TENTH Tuesday preceding the primary election or  five  days
after  the  board  of  elections  mails such person notice of his OR HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
  2. A person designated as a candidate for the position  of  member  of
the  county committee in more than one election district shall be deemed
to have been designated in the lowest numbered election district  unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with  the  board  of elections not later than the [eighth] TENTH Tuesday
preceding the primary election or five days after the board of elections
mails such person notice of his OR HER  designation  in  more  than  one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  S  13.  Subdivisions  1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of
the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
of the laws of 1984, subdivision 6 as amended by chapter 87 of the  laws
of  2015,  and  subdivision  9  as amended by chapter 517 of the laws of
1986, are amended to read as follows:
  1. A designating petition shall be filed not earlier than the  [tenth]
THIRTEENTH  Monday before, and not later than the [ninth] TWELFTH Thurs-
day preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later  than  the
[eighth]  ELEVENTH  Thursday  preceding  the  primary election. However,
where a designating petition has been filed and the person named therein
has declined such designation and another person has been designated  to
fill  the  vacancy, then in that event, a petition for an opportunity to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
  5. A judicial district convention shall be held not earlier than  [the
Tuesday  following  the  third Monday in September preceding the general
election and not later than the fourth  Monday  in  September  preceding
such  election]  SEVEN DAYS AFTER THE PRIMARY AND NO LATER THAN THIRTEEN
DAYS AFTER THE PRIMARY.
  6.  A certificate of a party nomination made other than at the primary
election for an office to be filled at the time of  a  general  election
shall  be  filed  not  later  than  seven  days after the [fall] primary
election, except that a certificate of nomination for  an  office  which
becomes  vacant  after  the  seventh day preceding such primary election
shall be filed not later than fourteen days after the creation  of  such
vacancy  and  except, further, that a certificate of party nomination of
candidates for elector of president and  vice-president  of  the  United
States  shall be filed not later than sixty days before the two thousand
sixteen general election, and except still further that a certificate of
party nomination made at a judicial district convention shall  be  filed

S. 6604                             7

not  later  than  the day after the last day to hold such convention and
the minutes of such convention,  duly  certified  by  the  chairman  and
secretary,  shall be filed within seventy-two hours after adjournment of
the  convention.  A  certificate of party nomination for an office to be
filled at a special election shall be filed  not  later  than  ten  days
following the issuance of a proclamation of such election.
  9. A petition for an independent nomination for an office to be filled
at  the  time  of  a  general  election  shall be filed not earlier than
[twelve] SIXTEEN weeks and not later than [eleven] FIFTEEN weeks preced-
ing such election. A petition  for  an  independent  nomination  for  an
office  to be filled at a special election shall be filed not later than
twelve days following the issuance of a proclamation of  such  election.
[A  petition  for  trustee  of  the Long Island Power Authority shall be
filed not earlier than seven weeks and not later than six weeks  preced-
ing the day of the election of such trustees.]
  11. A certificate of acceptance or declination of an independent nomi-
nation  for  an  office  to  be filled at the time of a general election
shall be filed not  later  than  the  third  day  after  the  [eleventh]
FIFTEENTH  Tuesday  preceding  such election except that a candidate who
files such a certificate of acceptance for an  office  for  which  there
have  been  filed  certificates  or  petitions designating more than one
candidate for the nomination of any party, may thereafter file a certif-
icate of declination not later than the  third  day  after  the  primary
election.   A certificate of acceptance or declination of an independent
nomination for an office to be filled at a  special  election  shall  be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
  12.  A  certificate  to  fill  a vacancy caused by a declination of an
independent nomination for an office to be  filled  at  the  time  of  a
general  election  shall be filed not later than the sixth day after the
[eleventh] FIFTEENTH Tuesday preceding such election. A  certificate  to
fill  a vacancy caused by a declination of an independent nomination for
an office to be filled at a special election shall be  filed  not  later
than  sixteen  days  following  the  issuance  of a proclamation of such
election.
  14. A vacancy occurring THREE MONTHS before [September  twentieth  of]
THE  GENERAL  ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices  of  governor,  lieutenant-
governor,  or  United  States  senator  shall  be  filled at the general
election held next thereafter, unless otherwise provided by the  consti-
tution, or unless previously filled at a special election.
  S 13-a. Subdivision 6 of section 6-158 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
  6.  A certificate of a party nomination made other than at the primary
election  for  an  office to be filled at the time of a general election
shall be filed  not  later  than  seven  days  after  the  fall  primary
election,  except  that  a certificate of nomination for an office which
becomes vacant after the seventh day  preceding  such  primary  election
shall  be  filed not later than fourteen days after the creation of such
vacancy and except, further, that a certificate of party  nomination  of
candidates  for  elector  of  president and vice-president of the United
States shall be filed not later than  fourteen  days  after  the  [fall]
primary  election,  and except still further that a certificate of party
nomination made at a judicial district convention  shall  be  filed  not
later  than  the  day after the last day to hold such convention and the
minutes of such convention, duly certified by the  chairman  and  secre-

S. 6604                             8

tary,  shall  be filed within seventy-two hours after adjournment of the
convention. A certificate of party nomination for an office to be filled
at a special election shall be filed not later than ten  days  following
the issuance of a proclamation of such election.
  S  14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 87 of the laws of 2015, is amended to read as
follows:
  (a) A primary election[, to be known as the fall  primary,]  shall  be
held  on the [first] THIRD Tuesday [after the second Monday] in [Septem-
ber] AUGUST before every general election unless otherwise changed by an
act of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES  AND
ASSEMBLY  DISTRICT  LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY  AND  ALL
NOMINATIONS  FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which  elec-
tors  of  president  and  vice  president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first  Tuesday  in  February  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].
  S  14-a.  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] THIRD Tuesday [after the second Monday] in  [Septem-
ber] AUGUST before every general election unless otherwise changed by an
act  of  the legislature. MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND  ALL  OTHER
PARTY  POSITIONS  TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
IN  SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors of president and vice president of the  United  States  are  to  be
elected an additional primary election, to be known as the spring prima-
ry,  shall  be  held  on  the first Tuesday in February 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].
  S 15. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 87 of the laws of 2015, 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] FORTY-SIX days before a primary or general election[; twen-
ty-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

S. 6604                             9

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 15-a. 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] FORTY-SIX days before a primary or general election[; twen-
ty-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.  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 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
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  16. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 87 of the laws of 2015, 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] FORTY-SIX  days
before  each  general  or  primary  election [and forty-five days before
each] OR special election or presidential primary election in which such

S. 6604                            10

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 otherwise distribute same to the voter in  accordance  with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title. The board of elections shall also mail, or
otherwise  distribute  in accordance with the preferred method of trans-
mission 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  16-a.  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] FORTY-SIX  days
before  each  general  or  primary  election [and forty-five days before
each] OR special 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 otherwise distribute same
to the voter in accordance with the  preferred  method  of  transmission
designated  by  the  voter pursuant to section 11-203 of this title. The
board of elections shall also mail, or otherwise distribute  in  accord-
ance  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 applica-
tion for a special federal ballot.
  S 17. Subdivisions 1 and 4 of section 42 of the public  officers  law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion  4  as  amended  by chapter 317 of the laws of 1954, are amended to
read as follows:
  1. A vacancy occurring THREE MONTHS before  [September  twentieth  of]
THE  GENERAL  ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices of governor or  lieutenant-
governor,  shall be filled at the general election held next thereafter,
unless otherwise provided by  the  constitution,  or  unless  previously
filled at a special election.
  4.  A  special  election  shall  not  be held to fill a vacancy in the
office of a representative in congress unless such vacancy occurs on  or
before  the first day of July of the last year of the term of office, or
unless it occurs thereafter and a special session of congress is  called

S. 6604                            11

to  meet before the next general election, or be called after [September
nineteenth of] THREE MONTHS BEFORE THE GENERAL ELECTION  IN  such  year;
nor to fill a vacancy in the office of state senator or in the office of
member  of  assembly,  unless the vacancy occurs before the first day of
April of the last year of the term of  office,  or  unless  the  vacancy
occurs in either such office of senator or member of assembly after such
first day of April and a special session of the legislature be called to
meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
after  September nineteenth] in such year. If a special election to fill
an office shall not be held as required by  law,  the  office  shall  be
filled at the next general election.
  S 18. This act shall take effect immediately; provided, however, that:
  (a)  the  amendments  to  section  4-110  of  the election law made by
section five of this act shall be subject to the expiration  and  rever-
sion of such section pursuant to section 13 of chapter 87 of the laws of
2015,  as  amended, when upon such date the provisions of section five-a
of this act shall take effect;
  (b) the amendments to section  4-114  of  the  election  law  made  by
section  seven of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 13 of chapter 87 of the laws of
2015, as amended, when upon such date the provisions of section  seven-a
of this act shall take effect;
  (c)  the  amendments to subdivision 6 of section 6-158 of the election
law made by section thirteen of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 13 of chapter
87 of the laws of 2015, as amended, when upon such date  the  provisions
of section thirteen-a of this act shall take effect;
  (d)  the amendments to paragraph (a) of subdivision 1 of section 8-100
of the election law made by  section  fourteen  of  this  act  shall  be
subject  to  the  expiration and reversion of such paragraph pursuant to
section 13 of chapter 87 of the laws of 2015, as amended, when upon such
date the provisions of section fourteen-a of this act shall take effect;
  (e) the amendments to paragraph (a) of subdivision 1 of section 10-108
of the election law made by section fifteen of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 13
of chapter 87 of the laws of 2015, as amended, when upon such  date  the
provisions of section fifteen-a of this act shall take effect; and
  (f)  the amendments to subdivision 4 of section 11-204 of the election
law made by section sixteen of this act shall be subject to the  expira-
tion and reversion of such subdivision pursuant to section 13 of chapter
87  of  the laws of 2015, as amended, when upon such date the provisions
of section sixteen-a of this act shall take effect.