senate Bill S4139A

2011-2012 Legislative Session

Relates to determinations by county canvassing boards and publication of nominations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Apr 07, 2011 print number 4139a
amend (t) and recommit to elections
Mar 21, 2011 referred to elections

Bill Amendments

Original
A (Active)
Original
A (Active)

S4139 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §§9-212 & 4-122, El l
Versions Introduced in 2009-2010 Legislative Session:
A10477

S4139 - Bill Texts

view summary

Relates to determinations by county canvassing boards and publication of nominations.

view sponsor memo
BILL NUMBER:S4139

TITLE OF BILL:
An act
to amend the election law, in relation to determinations by county
canvassing boards

PURPOSE:
This bill would provide mandate relief to counties by eliminating the
requirement that boards of elections publish the results of an
election in the newspaper.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivisions 2 and 3 of the election law
section 9-212 to eliminate the requirement that boards of elections
publish the results of an election in the newspaper.

Section 2 of the bill contains the effective date.

JUSTIFICATION:
Election law section 9-212 requires only some local boards of
elections to publish election results in a newspaper while exempting
other local boards of elections from this requirement.
Specifically, the boards of election in the city of New York and in
Nassau, Orange and Westchester counties do not have to publish
election results. This unfunded mandate imposes a financial hardship
on some counties but not others. Given the wide use of the internet
by boards of elections, and the common practice of posting election
results on the boards' websites, the costly publication requirement
is unnecessary.

LEGISLATIVE HISTORY:
2009-10: A.10477 Referred to Election Law.

FISCAL IMPLICATIONS:
This bill would save counties money.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4139

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- 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 determinations by coun-
  ty canvassing boards

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

  Section  1. Subdivisions 2 and 3 of section 9-212 of the election law,
as amended by chapter 635 of the laws of 1990, are amended  to  read  as
follows:
  2.  All  such  determinations  shall  be  in writing and signed by the
members of the canvassing board or a majority  of  them  and  filed  and
recorded in the office of the board of elections. [Except in the city of
New  York  and  in  the  counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its  office  upon  which  such  determinations  were
based,  to  be  published  once  in each of the newspapers designated to
publish election notices and the  official  canvass.  The  statement  of
canvass  to  be  published, however, shall not give the vote by election
districts but shall contain only the total vote for  a  person,  or  the
total vote for and the total vote against a ballot proposal, cast within
the county, or within the portion thereof, if any, in which an office is
filled or ballot proposal is decided by the voters if the canvass of the
vote  thereon devolves upon the county board of canvassers.] Such totals
shall be expressed in arabic numerals.
  3. The board of elections shall prepare and forthwith transmit to each
person determined by the canvassing board to have been elected a  certi-
fied  statement,  naming  the  office to which such canvassing board has
declared him OR HER elected.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04944-01-1

S4139A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §§9-212 & 4-122, El l
Versions Introduced in 2009-2010 Legislative Session:
A10477

S4139A (ACTIVE) - Bill Texts

view summary

Relates to determinations by county canvassing boards and publication of nominations.

view sponsor memo
BILL NUMBER:S4139A

TITLE OF BILL:
An act
to amend the election law, in relation to determinations by county
canvassing boards and publication of lists of nominations

PURPOSE OR GENERAL IDEA OF BILL:
This bill would provide mandate
relief to counties by eliminating the requirement that boards of
elections publish election results in the newspaper, require
candidate lists to be published in only one newspaper, and remove the
requirement that candidate addresses be published as part of such list.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivisions 2 and 3 of
election law §9-212 as amended by chapter 635 of the laws of 1990 are
amended to eliminate newspaper publication of the determinations by
county canvassing boards. Instead, local boards of election would
have to conspicuously post such determinations on their website.

Section 2. Subdivisions 1 and 3 of election law §4-122 as amended by
chapter 359 of the laws of 1989 are amended to limit publication of
candidate lists to one newspaper of general circulation and digital
publication. Current law specifies that such lists shall be published
in between two and four newspapers and includes no provision for
digital publication. This amendment also removes a candidate's
residence from the information to be published as part of such list.

Section 3 of the bill is the effective date.

JUSTIFICATION:
Current law (E.L. §9-212) requires county canvassing
boards to publish election results and the results of local ballots
proposals once in the newspaper. Current law (E.L. §4-122) also and
requires newspaper publication of candidate lists, including
candidates residences, in several newspapers.

By wholly eliminating the newspaper publication requirements of E.L.
§9-212, replacing them with digital publication, and significantly
scaling back the newspaper publication requirements of E.L. §4-122,
this bill alleviates the hardship of these unfunded mandates while
recognizing the wide use and accessibility of the internet by boards
of elections, citizens, and the media.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.10477

FISCAL IMPLICATIONS:
None to the state. This bill would provide savings to counties.

EFFECTIVE DATE:
This act would take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4139--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to determinations by coun-
  ty canvassing boards and publication of lists of nominations

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

  Section 1. Subdivisions 2 and 3 of section 9-212 of the election  law,
as  amended  by  chapter 635 of the laws of 1990, are amended to read as
follows:
  2. All such determinations shall be  in  writing  and  signed  by  the
members  of  the  canvassing  board  or a majority of them and filed and
recorded in the office of the board of elections, THE BOARD OF ELECTIONS
SHALL CAUSE A COPY OF SUCH DETERMINATIONS, AND OF THE  STATEMENTS  FILED
IN ITS OFFICE UPON WHICH SUCH DETERMINATIONS WERE BASED, TO BE CONSPICU-
OUSLY  POSTED  ON  ITS  WEBSITE.  THE STATEMENT OF CANVASS TO BE POSTED,
HOWEVER, SHALL NOT GIVE THE VOTE BY ELECTION DISTRICTS BUT SHALL CONTAIN
ONLY THE TOTAL VOTE FOR A PERSON, OR THE TOTAL VOTE FOR  AND  THE  TOTAL
VOTE  AGAINST  A  BALLOT PROPOSAL, CAST WITHIN THE COUNTY, OR WITHIN THE
PORTION THEREOF, IF ANY, IN WHICH AN OFFICE IS FILLED OR BALLOT PROPOSAL
IS DECIDED BY THE VOTERS IF THE CANVASS OF  THE  VOTE  THEREON  DEVOLVES
UPON THE COUNTY BOARD OF CANVASSERS. [Except in the city of New York and
in  the  counties  of  Nassau,  Orange  and  Westchester,  the  board of
elections shall cause a copy of such determinations, and of  the  state-
ments  filed in its office upon which such determinations were based, to
be published once in  each  of  the  newspapers  designated  to  publish
election  notices  and the official canvass. The statement of canvass to
be published, however, shall not give the vote by election districts but
shall contain only the total vote for a person, or the  total  vote  for
and the total vote against a ballot proposal, cast within the county, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04944-03-1

S. 4139--A                          2

within  the  portion  thereof,  if  any, in which an office is filled or
ballot proposal is decided by the voters if  the  canvass  of  the  vote
thereon devolves upon the county board of canvassers.] Such totals shall
be expressed in arabic numerals.
  3. The board of elections shall prepare and forthwith transmit to each
person  determined by the canvassing board to have been elected a certi-
fied statement, naming the office to which  such  canvassing  board  has
declared him OR HER elected.
  S  2.  Subdivisions  1  and 3 of section 4-122 of the election law, as
amended by chapter 359 of the laws of  1989,  are  amended  to  read  as
follows:
  1.    The  county  board of elections shall publish, AND CONSPICUOUSLY
POST ON ITS WEBSITE, at least  six  days  before  an  election,  a  list
containing the name [and residence] of every candidate for public office
to be voted for within its jurisdiction at such election.
  3.  [The]  IN  ADDITION  TO BEING CONSPICUOUSLY POSTED ON THE BOARD OF
ELECTIONS WEBSITE, THE list described in subdivision one of this section
shall be published at least once in [not less than  two  nor  more  than
four newspapers] A NEWSPAPER OF GENERAL CIRCULATION in the county.  In a
county  containing a city, [at least one] such publication shall be in a
daily newspaper published in a city therein, if there be such a  newspa-
per.  In  the  case  of a village election held at a time other than the
time of a general election, such publication shall  be  in  a  newspaper
having  general  circulation  in such village.  [So far as is consistent
with this section, one such newspaper shall represent each of the  major
political  parties.] Should the board of elections find it impossible to
make such publication six days before election it shall make it  at  the
earliest possible day thereafter before the election.
  S 3. This act shall take effect immediately.

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.