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

                                  6248

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 26, 2009
                               ___________

Introduced  by Sens. PERKINS, ADDABBO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the election law, the municipal home rule  law  and  the
  administrative code of the city of New York, in relation to the deter-
  mination  of  a  winner  of  a primary election; and to repeal certain
  provisions of the election law and the administrative code of the city
  of New York relating thereto

  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 INDIVIDUAL WHO RECEIVES THE HIGHEST  PERCENTAGE  OF  THE  TOTAL
VOTES CAST AT THE PRIMARY SHALL BE DEEMED THE WINNER OF THE PRIMARY.
  S 2. Section 6-162 of the election law is REPEALED.
  S  3.  Paragraph (b) of subdivision 1 of section 8-100 of the election
law is REPEALED and paragraph (c), as relettered by chapter 373  of  the
laws of 1978, is relettered paragraph (b).
  S  4.  Paragraph  d of subdivision 1 of section 15-104 of the election
law, as amended by chapter 684 of the laws of 2006, is amended  to  read
as follows:
  d.  Except  as  otherwise  provided by law, to be elected in a village
election, a candidate must receive more votes than any  other  candidate
for  the office. In the event of a tie at a village election, [a run-off
election shall be conducted pursuant to the provisions of section 15-126
of this article; provided, however, that if all candidates receiving  an
equal  number  of votes agree to waive a run-off election,] the election
shall be determined according to the provisions of paragraph  [d]  B  of
subdivision two of section 15-126 of this article.
  S  5.  Subdivision 2 of section 15-126 of the election law, as amended
by chapter 684 of the laws of 2006, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14882-01-9

              

S. 6248                             2

  2. a. The person or persons eligible and receiving the highest  number
of votes for an office shall be elected thereto.
  b.  In  the event that more eligible persons than the number remaining
to be elected receive for the same office or offices an equal number  of
votes,  the  [board  of  trustees shall conduct a run-off election. Such
run-off election shall be held on the first Tuesday at  least  ten  days
after  the  final  certification  of  such  tie  result,  subject to the
provisions of paragraph b of subdivision three of section 15-104 of this
article, provided, however, that the only persons who  shall  be  deemed
nominated  shall  be  those  persons  who shall have received such equal
number of votes. The order of the candidates names on the  ballot  shall
be determined by a drawing conducted by a village clerk, in the presence
of  all  those  persons  who  received  such equal number of votes, or a
representative of such persons.
  c. Such run-off election may be waived and the selection made  by  lot
as  otherwise  provided  by  this  section if each person who shall have
received such equal number of votes shall file with the  village  clerk,
no  later  than  two  days  after  such  final certification of such tie
result, a written notice of consent that such selection be made by lot.
  d. If a waiver of such run-off  election  shall  occur,  the]  village
clerk, no later than two days after receiving written notice [of consent
that such selection be made by lot], shall certify such facts in writing
to  any supreme court justice within the judicial district in which such
village is located and shall within three  days  summon  the  candidates
before  him  or  her  and he or she shall by lot determine which of them
shall be elected.
  S 6. Section 16-116 of the election law is amended to read as follows:
  S 16-116. Proceedings;  provisions  in  relation  thereto.  A  special
proceeding under the foregoing provisions of this article shall be heard
upon  a  verified  petition  and  such  oral  or written proof as may be
offered, and upon such notice to such officers, persons or committees as
the court or justice shall direct, and shall  be  summarily  determined.
The  proceeding  shall  have  preference  over  all  other causes in all
courts. The petition in any such proceeding instituted by the  state  or
other  board  of elections shall be verified by the persons specified in
accordance with rules promulgated by the state board of elections.   [In
the city of New York, a proceeding relating to a run-off primary brought
pursuant  to  this  article  shall  have first preference over all other
proceedings.]
  S 7. Paragraph f of subdivision 1 of section 11 of the municipal  home
rule  law,  as  amended by chapter 21 of the laws of 1992, is amended to
read as follows:
  f. Applies to or affects any  provision  of  paragraph  [(c)]  (B)  of
subdivision  one  of  section  8-100 of the election law, the labor law,
sections two, three and four of chapter one thousand eleven of the  laws
of  nineteen  hundred  sixty-eight,  entitled "An act in relation to the
maximum hours of labor of certain municipal and  fire  district  firemen
and the holidays of firemen and policemen, repealing certain sections of
the  labor  law  relating  thereto, and to amend the municipal home rule
law, in relation thereto," as amended, the volunteer  [firemen's]  FIRE-
FIGHTER'S  benefit  law, or the [workmen's] WORKERS' compensation law or
changes any provision of the multiple  residence  law  or  the  multiple
dwelling  law, except that in a city of one million persons or more, the
provisions of local law for the enforcement of the housing code which is
not less restrictive than the multiple dwelling law may  be  applied  in
the enforcement of the multiple dwelling law.

S. 6248                             3

  S 8. Subdivision 10 of section 3-702 of the administrative code of the
city  of  New York, as amended by local law number 12 of the city of New
York for the year 2003, is amended to read as follows:
  10.  The  term  "covered  election"  shall  mean any primary, [run-off
primary,] special[, run-off special] or general election for  nomination
for  election,  or  election,  to  the office of mayor, public advocate,
comptroller, borough president or member of the city council.
  S 9. Paragraph (f) of subdivision 1 of section 3-703 of  the  adminis-
trative code of the city of New York, as amended by local law number 105
of  the  city  of  New  York  for  the  year 2005, is amended to read as
follows:
  (f) not accept and  his  or  her  principal  committee  or  authorized
committees must not accept, either directly or by transfer, any contrib-
ution  or  contributions from any one individual, partnership, political
committee, labor organization or other entity for all covered  elections
held  in  the  same  calendar year in which he or she is a participating
candidate or a non-participating candidate which in the  aggregate:  (i)
for  the  office  of  mayor, public advocate or comptroller shall exceed
four thousand five hundred dollars, or (ii) for borough president, shall
exceed three thousand five hundred dollars, or (iii) for member  of  the
city  council,  shall exceed two thousand five hundred dollars; provided
that a participating candidate and his or her principal committee  or  a
non-participating  candidate  and  his  or her authorized committees may
accept additional contributions which do not exceed one half the  amount
of  the  applicable limitation for any [run-off primary election,] addi-
tional day for voting held pursuant to  section 3-108 of  the  New  York
state election law, special election to fill a vacancy, [run-off special
election to fill a vacancy,] delayed or otherwise postponed election, or
election held pursuant to court order which is a covered election and in
which  the  candidate  seeks  nomination  for  election or election; and
provided further that for the purposes of this paragraph,  contributions
made by different labor organizations shall not be aggregated or treated
as  contributions from a single contributor for purposes of the contrib-
ution limit that is set forth in this paragraph if those labor organiza-
tions make contributions  from  different  accounts,  maintain  separate
accounts  with different signatories, do not share a majority of members
of their governing boards, and do not share a majority of  the  officers
of  their  governing  boards;  and  provided  further  that if state law
prescribes a contribution limitation of a lesser amount, this  paragraph
shall  not be deemed to authorize acceptance of a contribution in excess
of such lesser amount.   The maximum contributions  set  forth  in  this
paragraph shall be adjusted in accordance with subdivision seven of this
section;
  S  10.  Subdivision 1-a of section 3-703 of the administrative code of
the city of New York, as amended by local law number 67 of the  city  of
New York for the year 2007, is amended to read as follows:
  1-a.  Notwithstanding  any  inconsistent  provision of this section, a
participating candidate or  his  or  her  principal  committee  may  not
accept,  either  directly  or  by transfer, any contribution or contrib-
utions for a covered election in which he  or  she  is  a  participating
candidate from a natural person who has business dealings with the city,
as that term is defined in subdivision eighteen of section 3-702 of this
chapter,  if  the aggregate of such contributions to such candidate from
such person for all covered elections in the same calendar year exceeds:
(i) for the office of mayor, public advocate or comptroller four hundred
dollars; (ii) for borough president three hundred  twenty  dollars;  and

S. 6248                             4

(iii) for member of the city council two hundred fifty dollars; provided
that  a  participating  candidate  or his or her principal committee may
accept additional contributions which do not exceed one half the  amount
of  the  applicable limitation for any [run-off primary election,] addi-
tional day for voting held pursuant to section 3-108  of  the  New  York
state election law, special election to fill a vacancy, [run-off special
election to fill a vacancy,] delayed or otherwise postponed election, or
election held pursuant to court order which is a covered election and in
which  the  candidate  seeks  nomination  for  election or election. Any
contribution made pursuant to this section  shall  not  be  a  matchable
contribution.  For  purposes of this subdivision, "person" shall include
any chief executive officer, chief financial officer and/or chief  oper-
ating  officer  of  an entity which has business dealings with the city,
any person employed in a senior managerial capacity  regarding  such  an
entity,  or  any person with an interest in such an entity which exceeds
ten percent of the entity. For purposes of this subdivision, the  phrase
"senior managerial capacity" shall mean a high level supervisory capaci-
ty, either by virtue of title or duties, in which substantial discretion
and  oversight  is  exercised over the solicitation, letting or adminis-
tration of business transactions with  the  city,  including  contracts,
franchises,  concessions,  grants,  economic  development agreements and
applications for land use approvals.  Notwithstanding any  provision  of
this  subdivision,  the  limitations  on  contributions contained herein
shall not apply to any contribution made by a  natural  person  who  has
business  dealings  with the city to a participating candidate or his or
her principal  committee  where  such  participating  candidate  is  the
contributor,  or where such participating candidate is the contributor's
parent, spouse, domestic  partner,  sibling,  child,  grandchild,  aunt,
uncle, cousin, niece or nephew by blood or by marriage.
  S 11. Subdivision 5 of section 3-705 of the administrative code of the
city of New York is REPEALED.
  S  12. Paragraph (b) of subdivision 1 of section 3-706 of the adminis-
trative code of the city of New York, as amended by local law number  34
of  the  city  of  New  York  for  the  year 2007, is amended to read as
follows:
  (b) [(i) The expenditure limitation in a run-off primary election held
pursuant to section 6-162 of the New York state election law or  a  run-
off special election held to fill a vacancy shall be one half the amount
of  the  applicable  limitation provided for an election for such office
pursuant to the provisions of paragraph (a) of this subdivision.
  (ii)] The board shall promulgate  rules  to  provide  for  a  separate
expenditure  limit applicable to campaign expenditures for an additional
day for voting held pursuant to section 3-108  of  the  New  York  state
election  law, an election held pursuant to court order, or a delayed or
otherwise postponed election.
  S 13. Subdivision 3 of section 3-706 of the administrative code of the
city of New York, as amended by local law number 58 of the city  of  New
York for the year 2004, subparagraph (iii) of paragraph (a) and subpara-
graph  (iii)  of  paragraph (b) as amended by local law number 67 of the
city of New York for the year 2007, is amended to read as follows:
  3. (a) If any candidate in any covered election chooses not to file  a
certification  as  a  participating  or  limited participating candidate
pursuant to this chapter, and  where  the  campaign  finance  board  has
determined that such candidate and his or her authorized committees have
spent  or contracted or have obligated to spend, or received in loans or
contributions, or both, an amount which, in the aggregate, exceeds  half

S. 6248                             5

the  applicable  expenditure  limit for such office fixed by subdivision
one of this section, then:
  (i)  such expenditure limit applicable to participating candidates and
limited participating candidates in such election for such office  shall
be increased to one hundred fifty percent of such limit; and
  (ii)  the  principal committees of such participating candidates shall
receive payment for qualified campaign expenditures of five dollars  for
each  one  dollar  of  matchable  contributions,  up to one thousand two
hundred fifty dollars in public funds per  contributor  (or  up  to  six
hundred  twenty five dollars in public funds per contributor in the case
of a special  election);  provided,  however,  that  [(A)  participating
candidates  in  a  run-off  election shall receive public funds for such
election pursuant to subdivision five of section  3-705  and  shall  not
receive  any  additional public funds pursuant to this section, and (B)]
in no case shall a principal committee receive in public funds an amount
exceeding two-thirds of the expenditure  limitation  provided  for  such
office in subdivision one of this section.
  (iii) for elections occurring after January first, two thousand eight,
the  campaign  finance  board shall promulgate rules to provide that the
principal committees of  such  participating  candidates  shall  receive
payment  for qualified campaign expenditures that will provide the high-
est allowable matchable contribution to be matched by an  amount  up  to
one  thousand  two hundred fifty dollars in public funds per contributor
(or up to six hundred twenty five dollars in public funds per  contribu-
tor  in  the  case  of  special  election); provided, however, that [(A)
participating candidates in a  run-off  election  shall  receive  public
funds  for  such  election pursuant to subdivision five of section 3-705
and shall not receive any  additional  public  funds  pursuant  to  this
section,  and  (B)]  in  no  case shall a principal committee receive in
public funds an amount exceeding two-thirds of the  expenditure  limita-
tion provided for such office in subdivision one of this section.
  (b)  If  any  candidate  in any covered election chooses not to file a
certification as a  participating  or  limited  participating  candidate
pursuant  to  this  chapter,  and  where  the campaign finance board has
determined that such candidate and his or her authorized committees have
spent or contracted or have obligated to spend, or received in loans  or
contributions, or both, an amount which, in the aggregate, exceeds three
times the applicable expenditure limit for such office fixed by subdivi-
sion one of this section, then:
  (i)  such  expenditure  limit  shall  no longer apply to participating
candidates and limited participating candidates  in  such  election  for
such office; and
  (ii)  the  principal committees of such participating candidates shall
receive payment for qualified campaign expenditures of six  dollars  for
each  one  dollar  of  matchable  contributions, up to one thousand five
hundred dollars in public funds per contributor (or up to seven  hundred
fifty  dollars  in public funds per contributor in the case of a special
election); provided, however, that [(A) participating  candidates  in  a
run-off  election  shall receive public funds for such election pursuant
to subdivision five of section 3-705 and shall  not  receive  any  addi-
tional  public funds pursuant to this section, and (B)] in no case shall
a principal committee receive in public funds an  amount  exceeding  one
hundred  twenty-five  percent of the expenditure limitation provided for
such office in subdivision one of this section.
  (iii) for elections occurring after January first, two thousand eight,
the campaign finance board shall promulgate rules to  provide  that  the

S. 6248                             6

principal  committees  of  such  participating  candidates shall receive
payment for qualified campaign expenditures that will provide the  high-
est  allowable  matchable  contribution to be matched by an amount up to
one thousand five hundred dollars in public funds per contributor (or up
to  seven  hundred  fifty dollars in public funds per contributor in the
case of special election); provided, however,  that  [(A)  participating
candidates  in  a  run-off  election shall receive public funds for such
election pursuant to subdivision five of section  3-705  and  shall  not
receive  any  additional public funds pursuant to this section, and (B)]
in no case shall a principal committee receive in public funds an amount
exceeding one hundred twenty-five percent of the expenditure  limitation
provided for such office in subdivision one of this section.
  S 14. Subdivision 6 of section 3-709 of the administrative code of the
city of New York is REPEALED.
  S  15. Paragraph (b) of subdivision 1 of section 3-709.5 of the admin-
istrative code of the city of New York is REPEALED  and  paragraphs  (c)
and (d) are relettered paragraphs (b) and (c).
  S  16.  Subdivision 4 of section 3-709.5 of the administrative code of
the city of New York, as amended by local law number 58 of the  city  of
New York for the year 2004, is amended to read as follows:
  4.  Organizations which are not affiliated with any political party or
with any holder of or  candidate  for  public  office,  which  have  not
endorsed  any candidate in the pending primary, special, OR general[, or
run-off] election for the city-wide office shall be eligible to  sponsor
one  or  more  of  the  required  debates. The rules for conducting such
debates shall be solely the responsibility of the organizations selected
but shall not be made  final  without  consultation  with  the  campaign
finance  board.  The  organizations  selected  shall  be responsible for
choosing the date, time and location of the debates.
  S 17. Subparagraph (ii) of paragraph (b) of subdivision 5  of  section
3-709.5  of  the administrative code of the city of New York, as amended
by local law number 34 of the city of New York for  the  year  2007,  is
amended to read as follows:
  (ii)  If  a  debate  sponsor  has  determined that a non-participating
candidate has met all the non-partisan, objective, and non-discriminato-
ry criteria applicable to participating candidates  or  limited  partic-
ipating candidates for access to any of the primary, general, or special
election  debates,  the sponsor may invite that candidate to participate
in such debate. [In the case of a run-off primary election or a  run-off
special  election,  the sponsor may invite a non-participating candidate
to participate in such debate. However, if a non-participating candidate
does not accept such invitation to debate or does  not  appear  at  such
debate,  the debate shall go forward as scheduled; provided, however, if
there is only  one  participating  candidate  or  limited  participating
candidate  participating  in  any  such  debate,  such  debate  shall be
canceled.]
  S 18. Subdivision 9 of section 3-709.5 of the administrative  code  of
the  city  of New York, as amended by local law number 58 of the city of
New York for the year 2004, is amended to read as follows:
  9. If a candidate fails to participate in any  debate  required  under
this  section  before  an  election,  the  candidate shall be liable for
return of any public matching funds previously received pursuant to  the
certification filed by the candidate in connection with the election for
which  such  debate  is held, shall be ineligible to receive any further
matching funds for that election, and may be subject to a civil  penalty
pursuant to section 3-711. For purposes of this subdivision, each prima-

S. 6248                             7

ry,  general,  OR  special  [or  run-off] election shall be considered a
separate election.
  S 19. This act shall take effect immediately.