senate Bill S1009

2013-2014 Legislative Session

Relates to determinations by county canvassing boards and publication of nominations

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to elections
Jan 09, 2013 referred to elections

S1009 - Bill Details

Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§9-212 & 4-122, El l
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4139A
2009-2010: A10477

S1009 - Bill Texts

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

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BILL NUMBER:S1009

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:
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 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 (EL. § 9-212) requires county canvassing boards to publish
election results and the results of local ballots proposals once in
the newspaper. Current law (EL. § 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.

LEGISLATIVE HISTORY:
S. 4139-A of 2011-12 Referred to Elections

LOCAL FISCAL IMPLICATIONS:
The bill will provide savings to the counties.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  1009

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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
within the portion thereof, if any, in which  an  office  is  filled  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01117-01-3

S. 1009                             2

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.

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