S T A T E O F N E W Y O R K
________________________________________________________________________
4088--C
Cal. No. 371
2013-2014 Regular Sessions
I N S E N A T E
March 7, 2013
___________
Introduced by Sens. GOLDEN, LANZA, FELDER -- read twice and ordered
printed, and when printed to be committed to the Committee on
Elections -- reported favorably from said committee, ordered to first
report, amended on first report, ordered to a second report and
ordered reprinted, retaining its place in the order of second report
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading -- passed by Senate and
delivered to the Assembly, recalled, vote reconsidered, restored to
third reading, amended and ordered reprinted, retaining its place in
the order of third reading
AN ACT to amend the election law, in relation to run-off elections in
the city of New York; and providing for the repeal of such provisions
upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds and declares
that the effective and timely administration of local elections in the
city of New York is a matter of substantial state concern. In further-
ance of this concern, the legislature finds that it is essential to the
local democratic process to ensure that the board of elections in the
city of New York utilizes voting machines that allow for the timely and
orderly administration of elections. In order to modernize and update
the voting systems utilized in New York State, the legislature passed
the Election Reform and Modernization Act of 2005, which set forth
requirements for electronic voting systems, including optical scanning
voting machines, throughout the state. The implementation of these elec-
tronic voting systems has brought the state into conformance with
national standards for voting system performance and modernization. The
state has a substantial interest in ensuring that elections in the city
of New York are generally conducted with an electronic voting system
that meets the above mentioned statewide standards. At the same time,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09741-04-3
S. 4088--C 2
the city of New York is uniquely situated in that a run-off primary is
required to be held two weeks after the local primary election in
certain circumstances. In recent elections administered with optical
scanning voting machines, approved by the state board of elections, it
has taken over two weeks for the board of elections in the city of New
York to finalize election results. A series of one-time and immediate
short-term changes to the current election law, as applied to the city
of New York, are therefore necessary to further the state's substantial
concerns and ensure that the 4.2 million registered voters in the city
of New York are able to exercise their voting rights in a timely and
orderly primary election and run-off election, should a run-off be
required.
S 2. 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 day before the day of a primary or general election, or the
fifty-third day before a special election, shall determine the candi-
dates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
PROVIDED, HOWEVER, IN ANY YEAR IN WHICH THERE HAS BEEN A RUN-OFF
ELECTION IN THE CITY OF NEW YORK, THE BOARD OF ELECTIONS OF SUCH CITY
SHALL, NOT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE GENERAL ELECTION
IN THAT YEAR, DETERMINE THE CANDIDATES DULY NOMINATED FOR PUBLIC OFFICE
AND THE QUESTIONS THAT SHALL APPEAR ON THE BALLOT WITHIN THE JURISDIC-
TION OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK.
S 3. Subdivision 1 of section 7-200 of the election law, as amended by
chapter 181 of the laws of 2005, is amended to read as follows:
1. The board of elections of the city of New York and other county
boards of elections may adopt any kind of voting machine or system
approved by the state board of elections, or the use of which has been
specifically authorized by law; and thereupon such voting machine or
system may be used at any or all elections and shall be used at all
general or special elections held by such boards in such city, town or
village and in every contested primary election in the city of New York
and in every contested primary election outside the city of New York in
which there are one thousand or more enrolled voters qualified to vote.
No more than two types of voting machines or systems may be used by any
local board of elections at a single election. Notwithstanding the other
provisions of this subdivision, any local board of elections may borrow
or lease for use on an experimental basis for a period of not more than
one year each, voting machines or systems of any type approved by the
state board of elections.
(A) (I) THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL DEPLOY
AND UTILIZE OPTICAL SCANNING VOTING MACHINES APPROVED BY THE STATE BOARD
OF ELECTIONS AT ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO SECTION
8-100 OF THIS CHAPTER.
(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BOARD OF
ELECTIONS IN THE CITY OF NEW YORK IS HEREBY AUTHORIZED TO PREPARE,
DEPLOY AND UTILIZE MECHANICAL LEVER VOTING MACHINES AT ANY NON-FEDERAL
PRIMARY ELECTION, CONDUCTED PURSUANT TO SECTION 8-100 OF THIS CHAPTER.
THE PREPARATION, DEPLOYMENT AND UTILIZATION OF SUCH MECHANICAL LEVER
MACHINES SHALL ONLY OCCUR AFTER SUCH BOARD OF ELECTIONS DETERMINES THE
USE OF SUCH MECHANICAL LEVER MACHINES AT SUCH A NON-FEDERAL PRIMARY
ELECTION IS NECESSARY TO ENSURE THE TIMELY AND ORDERLY ADMINISTRATION OF
THE PRIMARY ELECTION, INCLUDING BUT NOT LIMITED TO A TIMELY VOTE COUNT.
S. 4088--C 3
(B) (I) THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL DEPLOY
AND UTILIZE OPTICAL SCANNING VOTING MACHINES APPROVED BY THE STATE BOARD
OF ELECTIONS IN ALL RUN-OFF ELECTIONS CONDUCTED PURSUANT TO SECTION
8-100 OF THIS CHAPTER.
(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE BOARD OF
ELECTIONS IN THE CITY OF NEW YORK IS HEREBY AUTHORIZED TO PREPARE,
DEPLOY AND UTILIZE MECHANICAL LEVER VOTING MACHINES AT ANY RUN-OFF
ELECTION, CONDUCTED PURSUANT TO SECTION 8-100 OF THIS CHAPTER. THE PREP-
ARATION, DEPLOYMENT AND UTILIZATION OF SUCH MECHANICAL LEVER MACHINES
SHALL ONLY OCCUR AFTER SUCH BOARD OF ELECTIONS DETERMINES THAT THE PREP-
ARATION, DEPLOYMENT AND UTILIZATION OF OPTICAL SCANNING VOTING MACHINES
APPROVED BY THE STATE BOARD OF ELECTIONS, AT SUCH RUN-OFF ELECTION IS
IMPRACTICABLE GIVEN THE COSTS AND STATUTORY TIME CONSTRAINTS ASSOCIATED
WITH THE PREPARATION, DEPLOYMENT AND UTILIZATION OF SUCH OPTICAL SCAN-
NING MACHINES.
(C) SHOULD THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK DETERMINE TO
UTILIZE SUCH MECHANICAL LEVER VOTING MACHINES PURSUANT TO PARAGRAPH (A)
OR (B) OF THIS SUBDIVISION, IN ANY PRIMARY OR RUN-OFF ELECTION, PURSUANT
TO SECTION 8-100 OF THIS CHAPTER, SUCH DETERMINATION SHALL BE MADE ON OR
BEFORE JULY TWENTY-SEVENTH, TWO THOUSAND THIRTEEN. SHOULD THE CHAPTER
OF THE LAWS OF TWO THOUSAND THIRTEEN THAT ADDED THIS PARAGRAPH TAKE
EFFECT ON A DATE ON OR AFTER JULY SEVENTEENTH, TWO THOUSAND THIRTEEN,
THEN SUCH DETERMINATION SHALL BE MADE WITHIN TEN DAYS AFTER SUCH DATE.
IN NO EVENT SHALL SUCH DETERMINATION BE MADE AFTER AUGUST THIRTY-FIRST,
TWO THOUSAND THIRTEEN.
(D) SHOULD THE BOARD OF ELECTIONS IN THE CITY OF NEW YORK UTILIZE SUCH
MECHANICAL LEVER VOTING MACHINES PURSUANT TO PARAGRAPH (A) OR (B) OF
THIS SUBDIVISION, IN ANY PRIMARY OR RUN-OFF ELECTION, PURSUANT TO
SECTION 8-100 OF THIS CHAPTER, SUCH BOARD OF ELECTIONS MUST ALSO PROVIDE
A VOTING SYSTEM THAT MEETS THE REQUIREMENTS OF PARAGRAPHS A, B AND C OF
SUBDIVISION TWO OF SECTION 7-202 OF THIS TITLE IN EACH POLLING SITE.
S 4. Paragraph (b) of subdivision 1 of section 8-100 of the election
law, as added by chapter 373 of the laws of 1978, is amended to read as
follows:
(b) In the event a run-off primary election is required in the city of
New York, it shall be held on the [second] THIRD Tuesday next succeeding
the date on which the initial primary election was held.
S 5. Subdivision 1 of section 8-412 of the election law, as amended by
chapter 155 of the laws of 1994, is amended to read as follows:
1. The board of elections shall cause all absentee ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States govern-
ment, with a date which is ascertained to be not later than the day
before election and received by such board of elections not later than
seven days following the day of election, OR FOURTEEN DAYS FOLLOWING THE
DAY OF THE GENERAL ELECTION IN THE CITY OF NEW YORK IN ANY YEAR IN WHICH
THERE HAS BEEN A RUN-OFF ELECTION, to be cast and counted except that
the absentee ballot of a voter who requested such ballot by letter,
rather than application, shall not be counted unless a valid application
form, signed by such voter, is received by the board of elections with
such ballot.
S 6. Section 9-214 of the election law, the section heading and first
undesignated paragraph as amended by chapter 286 of the laws of 1983,
S. 4088--C 4
and the second undesignated paragraph as amended by chapter 4 of the
laws of 2011, is amended to read as follows:
S 9-214. Transmission of statements of canvassing boards to state
board of elections and secretary of state. The board of elections shall
transmit by mail or cause to be delivered personally to the state board
of elections, a certified copy of the statement of the canvassing board
relating to the offices of electors of president and vice-president of
the United States, United States senator, representatives in congress
and state offices, including members of the state senate and assembly,
and to the votes cast on any ballot proposal submitted to all the voters
of the state, within twenty-five days after the election. If any certi-
fied copy shall not be received by the state board on or before the
twenty-fifth day following a general election, or a special election, it
shall dispatch a special messenger to obtain such certified copy, and
the board of elections, immediately upon demand of such messenger at its
office, shall make and deliver a certified copy to such messenger who
shall deliver it forthwith to the state board.
The board of elections shall transmit to the secretary of state within
twenty-five days after a general election, and within 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.
NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY YEAR IN
WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE CITY OF NEW YORK, THE
BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL TRANSMIT TO THE SECRE-
TARY OF STATE NOT LATER THAN THIRTY DAYS AFTER THE GENERAL ELECTION IN
THAT YEAR A LIST OF THE NAMES AND RESIDENCES OF ALL PERSONS DETERMINED
BY THE CANVASSING BOARD TO BE ELECTED TO ANY COUNTY OFFICE.
The board of elections shall transmit to the state board, on or before
the tenth day of December following an election for governor, a certi-
fied tabulated statement, by election districts, of the official canvass
of the votes cast for candidates for governor, to include, in the case
of a candidate who was nominated by two or more parties or independent
bodies, a separate statement of the number of votes cast for him as the
candidate of each party or independent body by which he was nominated
and if the county contains more than one assembly district or parts of
more than one assembly district, a statement of the number of votes cast
for governor by assembly district.
S 7. 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 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 forty-five days before
a special election. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SECTION, IN ANY YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE
CITY OF NEW YORK, BALLOTS FOR MILITARY VOTERS SHALL BE MAILED OR OTHER-
WISE DISTRIBUTED BY THE BOARD OF ELECTIONS OF SUCH CITY IN ACCORDANCE
WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSU-
ANT TO SECTION 10-107 OF THIS ARTICLE, AS SOON AS PRACTICABLE BUT IN ANY
EVENT NOT LATER THAN TWENTY-FIVE DAYS BEFORE A GENERAL ELECTION IN THAT
YEAR. A voter who submits a military ballot application shall be enti-
S. 4088--C 5
tled 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 8. Subdivision 1 of section 10-114 of the election law, as amended
by chapter 165 of the laws of 2009, is amended to read as follows:
1. The board of elections shall cause all military ballots received by
it before the close of the polls on election day and all ballots
contained in envelopes showing a cancellation mark of the United States
postal service or a foreign country's postal service, or showing a dated
endorsement of receipt by another agency of the United States government
or are signed and dated by the voter and one witness thereto, with a
date which is ascertained to be not later than the day before election
and received by such board of elections not later than seven days
following the day of a primary election and not later than thirteen days
following the day of a general or special election to be cast and count-
ed. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY
YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE CITY OF NEW YORK,
THE BOARD OF ELECTIONS OF SUCH CITY SHALL CAUSE ALL MILITARY BALLOTS
RECEIVED BY IT BEFORE THE CLOSE OF THE POLLS ON ELECTION DAY AND ALL
BALLOTS CONTAINED IN ENVELOPES SHOWING A CANCELLATION MARK OF THE UNITED
STATES POSTAL SERVICE OR FOREIGN COUNTRY'S POSTAL SERVICE, OR SHOWING A
DATED ENDORSEMENT OF RECEIPT BY ANOTHER AGENCY OF THE UNITED STATES
GOVERNMENT OR ARE SIGNED AND DATED BY THE VOTER AND ONE WITNESS THERETO,
WITH A DATE WHICH IS ASCERTAINED TO BE NOT LATER THAN THE DAY BEFORE
ELECTION DAY AND RECEIVED BY SUCH BOARD OF ELECTIONS NOT LATER THAN
TWENTY DAYS FOLLOWING THE DAY OF A GENERAL ELECTION IN THAT YEAR TO BE
CAST AND COUNTED.
S 9. The amendments to the election law set forth in this act shall
apply notwithstanding any other provision of general, special or local
law, including but not limited to any provision of law that would render
the preparation, deployment and utilization of mechanical lever voting
machines impracticable where the board of elections in the city of New
York makes a determination with respect to such machines as authorized
by subdivision 1 of section 7-200 of the election law as amended by
section three of this act.
S 10. On or before July 1, 2014, the board of elections in the city
of New York shall submit a report to the governor, temporary president
of the senate, speaker of the assembly, minority leader of the senate,
S. 4088--C 6
minority leader of the assembly, chair of the senate standing committee
on elections, chair of the assembly standing committee on election law,
mayor of the city of New York, and speaker of the New York city council,
detailing a plan for administering effective and timely elections in the
city of New York with a voting machine system that meets the require-
ments of title 2 of article 7 of the election law and without the use of
mechanical lever machines. Such plan shall address, at a minimum, train-
ing of board of elections staff, including poll clerks and election
inspectors in connection with the preparation, testing, deployment and
utilization of optical scanning voting machines approved by the state
board of elections, including further education and training regarding
the needs of voters with disabilities, appropriate and effective methods
for streamlining election night canvassing procedures, and appropriate
and effective methods of ensuring full and fair voting machine access
for all voters.
S 11. The board of elections in the city of New York shall adopt
procedures regarding the preparation, deployment and utilization of
mechanical lever voting machines should such board of elections deter-
mine under section three of this act that such lever voting machines
shall be used. Such procedures shall seek to ensure that the canvass and
recanvass of the mechanical lever voting machines occurs in a timely and
efficient manner and, to the extent practicable, in a manner not incon-
sistent with article 9 of the election law as in effect on January 1,
2010, as such article applied to elections conducted with mechanical
lever voting machines.
S 12. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2013, except that section ten of this act
shall expire and be deemed repealed August 1, 2014.
