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

                                  5848

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 22, 2011
                               ___________

Introduced  by  Sens.  O'MARA, GRIFFO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the election law, in relation to amending certain  dead-
  lines  to  facilitate  the  timely transmission of ballots to military
  voters stationed overseas; 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.  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-FOUR  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 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  certif-
ication shall state such fact.
  S 2. 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-FOUR 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
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.
                                                           LBD13219-01-1
              

S. 5848                             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 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-THIRD  day  before  the  day of a primary [or], general OR
SPECIAL 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 4. 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 FORTY DAYS NOR MORE THAN FORTY-FIVE 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,
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. 5848                             3

  S 5. 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.
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  6.  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 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 designation in
more than one group, whichever is  later,  specifies  another  group  in
which his 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, and  filed  with
the board of elections not later than the [eighth] TENTH Tuesday preced-
ing the primary election or five days after the board of elections mails
such person notice of his designation in more than one election district
whichever  is later, specifies that he wishes to be deemed designated in
a different election district.
  S 7. 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 79 of the laws of
1992, 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
Monday] THIRTEENTH FRIDAY before, and not later than the  [ninth  Thurs-
day] TWELFTH WEDNESDAY 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 Thursday] ELEVENTH WEDNESDAY  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

S. 5848                             4

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  Thursday]  TENTH  WEDNESDAY  preceding such primary
election.
  5.  A  judicial district convention shall be held not earlier than the
[Tuesday following the third Monday] FIRST TUESDAY in September  preced-
ing  the  general  election and not later than the [fourth Monday] FIRST
THURSDAY in September preceding such election.
  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-
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.
  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]  FOURTEEN  weeks  and  not  later  than [eleven] THIRTEEN weeks
preceding 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 preceding  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]  THIR-
TEENTH 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 certificate of decli-
nation 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 proclamation 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]  THIRTEENTH 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 [before September twentieth of] NOT LESS THAN
THREE MONTHS BEFORE THE NEXT GENERAL ELECTION IN any year in any  office

S. 5848                             5

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 constitution, or unless previously filled at a special election.
  S  8.  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 Tuesday after the second Monday] FOURTH TUESDAY in
[September]  AUGUST  before  every  general  election  unless  otherwise
changed  by an act of the legislature. In each year in which electors of
president and vice president of the United States are to be  elected  an
additional  primary  election,  to be known as the [spring] PRESIDENTIAL
primary, 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  9.  Subdivision 1 of section 9-211 of the election law, as added by
chapter 181 of the laws of 2005, is amended to read as follows:
  1. Within fifteen days after each general  or  special  election,  and
within  [seven]  FIFTEEN  days  after  every primary or village election
conducted by the board of elections, the board of elections or a  bipar-
tisan  committee  appointed by such board shall manually audit the voter
verifiable audit records  from  three  percent  of  voting  machines  or
systems  within  the  jurisdiction  of  such  board.  Voting machines or
systems shall be selected for audit through a random, manual process. At
least five days prior to the time fixed for such selection process,  the
board  of elections shall send notice by first class mail to each candi-
date, political party and independent body entitled to have had watchers
present at the polls in any election district in such board's  jurisdic-
tion.  Such  notice shall state the time and place fixed for such random
selection process. The audit shall be conducted in the same  manner,  to
the  extent  applicable,  as a canvass of paper ballots. Each candidate,
political party or independent body  entitled  to  appoint  watchers  to
attend  at  a  polling place shall be entitled to appoint such number of
watchers to observe the audit.
  S 10. 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-FIVE  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], OR a village election conducted by the board of elections;  and
forty-five  days  before a special election. A voter who submits a mili-
tary ballot application shall be entitled to a military ballot thereaft-
er for each subsequent election through and including the next two regu-
larly 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

S. 5848                             6

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  registra-
tion  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 commit-
tee, 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 11. 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-FIVE 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 12. Subdivision 4 of section 16-102 of the election law, as added by
chapter 135 of the laws of 1986, is amended to read as follows:
  4. A final order INCLUDING  THE  RESOLUTION  OF  ANY  APPEALS  in  any
proceeding  involving  the  names  of  candidates  on  ballots or voting
machines shall be made, if possible, at least five weeks before the  day
of the election at which such ballots or voting machines are to be used,
or  if  such proceeding is commenced within five weeks of such election,
no later than the day following the day on which the case is heard.
  S 13. Subdivisions 3 and 4 of section  16-104  of  the  election  law,
subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
read as follows:
  3.  A  proceeding  pursuant to subdivision two of this section must be
instituted within [fourteen] SEVEN days after the last  day  to  certify
the wording of any such abstract or form of submission.
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the contents of official ballots on voting machines
shall be made, if possible, at least five weeks before the  day  of  the

S. 5848                             7

election  at  which  such  voting  machines  are  to be used, or if such
proceeding is commenced within five weeks of an election, no later  than
the day following the day on which the case is heard.
  S  14.  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 [before September twentieth of] NOT LESS THAN
THREE MONTHS BEFORE THE NEXT 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
to meet before the next general election, or be called after [September]
AUGUST  nineteenth  of 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  [September]  AUGUST  nine-
teenth  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 15. This act shall take effect January 1, 2012.