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

                                  5698

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced by M. of A. MILLMAN, RAMOS -- (at request of the Governor) --
  read once and referred to the Committee on Election Law

AN  ACT  to  amend  the  public  officers  law  and the election law, in
  relation to time frames within certain actions must be taken

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

  Section  1. Subdivision 3 of section 42 of the public officers law, as
amended by chapter 105 of the laws  of  1943,  is  amended  to  read  as
follows:
  3. Upon the failure to elect to any office, except that of governor or
lieutenant-governor,  at  a  general  or special election, at which such
office is authorized to be filled, or upon the death or disqualification
of a person elected to office before the  commencement  of  his  OR  HER
official  term,  or  upon  the  occurrence  of a vacancy in any elective
office which cannot be filled by appointment for a period  extending  to
or  beyond  the  next  general election at which a person may be elected
thereto, the governor may in his OR HER discretion make proclamation  of
a special election to fill such office, specifying the district or coun-
ty in which the election is to be held, and the day thereof, which shall
be not less than [thirty] SEVENTY nor more than [forty] EIGHTY days from
the date of the proclamation.
  S 2. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 434 of the laws of 1984, is amended to read as follows:
  1.  The state board of elections not later than thirty-six days before
a  general  election,  or  [thirteen]  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 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 is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12012-05-1
              

A. 5698                             2

pending concerning the candidacy. Upon the completion of any such  liti-
gation,  the  state board of elections shall forthwith notify the appro-
priate county boards of elections of the results of such litigation.
  S  3.  Section 4-114 of the election law, as amended by chapter 434 of
the laws of 1984, 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
[twelfth] 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  4.  The  second  undesignated  paragraph  of  section  9-214 of the
election law, as amended by chapter 234 of the laws of 1976, is  amended
to read as follows:
  The board of elections shall transmit to the secretary of state within
twenty-five  days after a general election, and within [ten] 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.
  S 5. Paragraph (a) of subdivision 1 of section 10-108 of the  election
law,  as  amended by chapter 104 of the laws of 2010, 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 [twelve] 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  sched-
uled  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 applica-
tion  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  6.  Subdivision 4 of section 11-204 of the election law, as amended
by chapter 104 of the laws of 2010, 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

A. 5698                             3

vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than thirty-two days before  each
general  or  primary  election  and [twelve] FORTY-FIVE days before each
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 accordance with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title, a special federal ballot to  every  quali-
fied  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 regis-
tered 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 7. This act shall take effect immediately.