The New York State Senate

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

                                  8198

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 21, 2013
                               ___________

Introduced  by  M. of A. SILVER, CUSICK, FARRELL, MORELLE, WRIGHT, GOTT-
  FRIED,  GALEF,  AUBRY,  DINOWITZ,  MILLMAN,  CAHILL,  MARKEY,  PAULIN,
  O'DONNELL,  HEVESI,  JAFFEE,  DenDEKKER,  ABINANTI,  BRONSON, SIMOTAS,
  BRINDISI, SIMANOWITZ, MOSLEY, SKOUFIS, MAYER, McDONALD,  ROZIC,  ROSA,
  STIRPE,  FAHY,  SEPULVEDA -- Multi-Sponsored by -- M. of A. BENEDETTO,
  BRAUNSTEIN, BUCHWALD, COOK,  KAVANAGH,  KELLNER,  LAVINE,  MAGNARELLI,
  MILLER,  MOYA,  NOLAN,  OTIS,  RODRIGUEZ,  RYAN, SCHIMEL, SCHIMMINGER,
  SWEENEY, THIELE, WEINSTEIN, WEISENBERG, ZEBROWSKI  --  read  once  and
  referred to the Committee on Election Law

AN  ACT  to amend the election law, in relation to primary elections and
  amending certain deadlines to facilitate the  timely  transmission  of
  ballots  to  military  voters  stationed overseas; to amend the public
  officers law, in relation to filling vacancies  in  elective  offices;
  and  to  amend  the  election  law,  in  relation  to  date of primary
  elections

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

  Section  1.  Subdivision  1  of  section 1-106 of the election law, as
amended by chapter 700 of the laws  of  1977,  is  amended  to  read  as
follows:
  1.  All papers required to be filed pursuant to the provisions of this
chapter shall, unless otherwise provided, be filed between the hours  of
nine  A.M.  and  five  P.M.  If  the last day for filing shall fall on a
Saturday, Sunday or legal holiday, the next business  day  shall  become
the  last  day  for filing. All papers sent by mail in an envelope post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL  CERTIF-
ICATES  AND  PETITIONS  OF  DESIGNATION,  CERTIFICATES  OF ACCEPTANCE OR
DECLINATION OF SUCH DESIGNATIONS, CERTIFICATES OF AUTHORIZATION FOR SUCH
DESIGNATIONS, CERTIFICATES OF DISQUALIFICATION, CERTIFICATES OF  SUBSTI-
TUTION  FOR  SUCH  DESIGNATIONS  AND  OBJECTIONS  AND  SPECIFICATIONS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11845-07-3

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OBJECTIONS TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED  WITH
THE STATE BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE CITY
OF NEW YORK SHALL BE DEEMED TIMELY FILED AND ACCEPTED FOR FILING IF SENT
BY  MAIL  OR  OVERNIGHT  DELIVERY SERVICE AS DEFINED IN PARAGRAPH SIX OF
SUBDIVISION (B) OF RULE TWENTY-ONE HUNDRED THREE OF THE  CIVIL  PRACTICE
LAW  AND RULES IN AN ENVELOPE POSTMARKED OR SHOWING RECEIPT BY THE OVER-
NIGHT DELIVERY SERVICE PRIOR TO MIDNIGHT OF THE LAST DAY OF FILING,  AND
RECEIVED NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY TO FILE SUCH
CERTIFICATES,  PETITIONS,  OBJECTIONS  OR SPECIFICATIONS. FAILURE OF THE
POST OFFICE OR ANY OTHER PERSON OR ENTITY TO DELIVER ANY SUCH  PETITION,
CERTIFICATE  OR OBJECTION TO SUCH BOARD OF ELECTIONS OUTSIDE THE CITY OF
NEW YORK NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY TO FILE SUCH
CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICATIONS SHALL BE  A  FATAL
DEFECT.  EXCEPTED  FURTHER that all certificates and petitions of desig-
nation or nomination, certificates of acceptance or declination of  such
designations  and  nominations,  certificates  of  substitution for such
designations  or  nominations  and  objections  and  specifications   of
objections  to such certificates and petitions required to be filed with
the board of elections of the city of New York must be actually received
by such city board of elections on or before the last day  to  file  any
such  petition,  certificate  or objection and such office shall be open
for the receipt of such petitions,  certificates  and  objections  until
midnight  on  the  last  day  to  file any such petition, certificate or
objection. Failure of the post office or any other person or  entity  to
deliver  any  such petition, certificate or objection to such city board
of elections on or before such last day shall be a fatal defect.
  S 2. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1. Every board of elections shall, in  consultation  with  each  city,
town and village, designate the polling places in each election district
in  which  the  meetings  for  the  registration  of voters, and for any
election may be held. The board of trustees of  each  village  in  which
general  and  special  village  elections  conducted  by  the  board  of
elections are held at a time other than the time of a  general  election
shall submit such a list of polling places for such village elections to
the  board  of  elections.  A polling place may be located in a building
owned by a religious organization or used by it as a place  of  worship.
If  such  a  building  is designated as a polling place, it shall not be
required to be open for voter registration on any Saturday  if  this  is
contrary to the religious beliefs of the religious organization. In such
a  situation,  the  board  of  elections  shall  designate  an alternate
location to be used for voter registration. Such polling places must  be
designated  by  [May  first] MARCH FIFTEENTH, of each year, and shall be
effective for one year thereafter. Such a list required to be  submitted
by  a  village  board of trustees must be submitted at least four months
before each general village election and shall be effective  until  four
months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so  designated.  If,  within  the discretion of the board of elections a
particular polling place so  designated  is  subsequently  found  to  be
unsuitable  or  unsafe  or should circumstances arise that make a desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered to select an alternative meeting place. In  the  city  of  New
York,  the  board  of  elections shall designate such polling places and

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alternate registration places if the polling place cannot  be  used  for
voter registration on Saturdays.
  S 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision  2  as amended by chapter 635 of the laws of 1990, are amended to
read as follows:
  1. The state board of elections shall, [at least eight  months  before
each]  BY  FEBRUARY  FIRST IN THE YEAR OF THE general election, make and
transmit to the board of elections of each county, a certificate stating
each office, except county, city, village and town offices to  be  voted
for at such election in such county.
  2.  Each  county, city, village and town clerk, [at least eight months
before each] BY FEBRUARY FIRST IN THE  YEAR  OF  THE  general  election,
shall  make and transmit to the board of elections a certificate stating
each county, city, village or town office, respectively to be voted  for
at  each  such election. Each village clerk, at least five months before
each general village election conducted by the board of elections, shall
make, and transmit to such board, a  certificate  stating  each  village
office to be filled at such election.
  S  4.    Paragraph b of subdivision 1 of section 4-108 of the election
law, as amended by chapter 117 of the laws of 1985, is amended  to  read
as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is  to  be  submitted  to  a vote of the people of a county, city, town,
village or special district, at an election conducted by  the  board  of
elections,  the  clerk  of such political subdivision, at least [thirty-
six] SEVENTY days prior to the election at which such proposal, proposi-
tion or referendum is to be submitted, shall transmit to each  board  of
elections  a certified copy of the text of such proposal, proposition or
referendum and a statement of the form in which it is to  be  submitted.
If  a  special  election is to be held, such transmittal shall also give
the date of such election.
  S 5. 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 OR A PRESIDENTIAL PRIMARY
ELECTION, shall certify to each county board of elections: The name  and
residence  of each candidate to be voted for within the political subdi-
vision of such board for whom a designation  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 OR
HER name is to be placed; and the order in which the names of the candi-
dates are to be printed as determined  by  the  state  board.  Where  an
office  or  position is uncontested, such certification shall state such
fact.
  S 6. 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
OR SHE 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  pending  concerning  the  candidacy. Upon the completion of any such

A. 8198                             4

litigation, the state board of  elections  shall  forthwith  notify  the
appropriate  county  boards  of  elections  of the results of such liti-
gation.
  S  7.  Section  4-114 of the election law, as amended by chapter 99 of
the laws of 2013, 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
[election,  or  the  fifty-third day before a], special, OR PRESIDENTIAL
PRIMARY 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.  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 jurisdiction of the board of elections
of the city of New York.
  S 7-a. 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
[election, or the fifty-third day before a], OR special election,  shall
determine  the candidates duly nominated for public office and the ques-
tions that shall appear on the ballot within the  jurisdiction  of  that
board of elections.
  S 8. 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 SIXTY-FIVE DAYS  NOR  MORE  THAN  SEVENTY  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

A. 8198                             5

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 9. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:
  1. The board of elections shall also cause to be  published  for  each
election  district  a  complete  list  of  the registered voters of each
election district. Such list  shall,  in  addition  to  the  information
required  for  registration  lists, include the party enrollment of each
voter. At least as many copies of such list shall  be  prepared  as  the
required minimum number of registration lists.
  Lists  for  all  the election districts in a ward or assembly district
may be bound together in one volume. The board of elections  shall  also
cause  to  be published a complete list of names and residence addresses
of the registered voters, including the party enrollment of each  voter,
for  each town and city over which the board has jurisdiction. The names
for each town and city may be arranged according to street and number or
alphabetically. Such lists shall be published before the  first  day  of
[April]  FEBRUARY.  The board shall keep at least five copies for public
inspection at each main office or branch office of  the  board.  Surplus
copies  of the lists shall be sold at a charge not exceeding the cost of
publication.
  S 10. Paragraph a of subdivision 5 of section 5-708  of  the  election
law,  as added by chapter 659 of the laws of 1994, is amended to read as
follows:
  a. At least once each year during the month of  [May]  FEBRUARY,  each
board  of  elections shall obtain through the National Change of Address
System, the forwarding address for  every  voter  registered  with  such
board  of elections for whom the United States Postal Service has such a
forwarding address together with the name of each such  voter  whom  the
Postal  Service  records indicate has moved from the address at which he
is registered without leaving a forwarding address.
  S 11. 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

A. 8198                             6

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 12. 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 OR HER 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  OR  HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER 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 OR HER, 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 OR HER designation in more than one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  S 13. 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]
THIRTEENTH Monday before, and not later than the [ninth] TWELFTH  Thurs-
day 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] ELEVENTH Thursday  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 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]
TENTH Thursday preceding such primary election.
  5.  A  judicial district convention shall be held not earlier than the
[Tuesday] THURSDAY following  the  [third  Monday  in  September]  FIRST
MONDAY  IN AUGUST preceding the general election and not later than [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
  6. (A) 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]  THIRTY  days  after  the
[fall] primary election, (B) 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]  THIRTY  DAYS

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AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy,  WHICHEVER  IS LATER, and (C) except, further, that a certificate of
party nomination of candidates for elector of president and  vice-presi-
dent  of  the  United  States  shall  be filed not later than [fourteen]
SEVENTY-SIX 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 secretary, 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] TWENTY-FOUR weeks and  not  later  than  [eleven]  TWENTY-THREE
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]  TWEN-
TY-THIRD  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 certif-
icate of declination 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 proclama-
tion 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] TWENTY-THIRD 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 THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office 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 consti-
tution, or unless previously filled at a special election.
  S 14. 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] FOURTH Tuesday [after the second Monday] in [Septem-
ber] JUNE before every general election unless otherwise changed  by  an
act  of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND  ALL  OTHER

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PARTY  POSITIONS  TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
IN  SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors  of  president  and  vice  president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, 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  15.  Subdivision 1 of section 9-208 of the election law, as amended
by chapter 163 of the laws of 2010, is amended to read as follows:
  1. Within [fifteen] TWENTY-ONE days after  each  general,  special  or
primary  election,  and  within  seven days after every village election
conducted by the board of elections at which ballot scanners  are  used,
the  board  of  elections,  or a bipartisan committee of or appointed by
said board shall, in each county using ballot scanners, make a record of
the serial number of each ballot scanner used in each election  district
in such general, special or primary election. No person who was a candi-
date at such election shall be appointed to membership on the committee.
Such  board  of  elections  or  bipartisan committee shall recanvass the
tabulated result tape from each ballot scanner  used  in  each  election
district  by  comparing  such  tape  with the numbers as recorded on the
return of canvass. The said board or committee shall also make a  recan-
vass  of  any  election day paper ballots that have not been scanned and
were hand counted pursuant to subdivision two of section 9-110  of  this
article  and  compare  the  results  with  the number as recorded on the
return of canvass. The board or committee shall then recanvass  write-in
votes,  if any, on ballots which were otherwise scanned and canvassed at
polling places on election night. The board or committee shall  validate
and  prove such sums. Before making such canvass the board of elections,
with respect to each election district to  be  recanvassed,  shall  give
notice  in writing to the voting machine custodian thereof, to the state
and county chair of each party or  independent  body  which  shall  have
nominated  candidates  for the said general or special election or nomi-
nated or elected candidates at the said primary  election  and  to  each
individual  candidate  whose  name  appears on the office ballot, of the
time and place where such canvass is to be made; and the state and coun-
ty chair of each such party or independent body and each such individual
candidate may send a representative to be  present  at  such  recanvass.
Each  candidate whose name appears on the official ballot, or his or her
representative, shall have the right personally to examine  and  make  a
record of the vote recorded on the tabulated result tape and any ballots
which were hand counted.
  S  16. 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] TWENTY-ONE days  after  each  general  or  special
election,  and  within  [seven]  TWENTY-ONE  days after every primary or
village election conducted by the  board  of  elections,  the  board  of
elections  or a bipartisan committee appointed by such board shall manu-
ally 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 candidate, political party and independent body  entitled  to  have
had  watchers  present  at  the  polls  in any election district in such

A. 8198                             9

board's jurisdiction. 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 17. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 99 of the laws of 2013, 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 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  otherwise  distributed by the board of elections of such
city 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 twenty-five  days  before  a
general  election  in  that  year. 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 17-a. 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

A. 8198                            10

before 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
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  18. 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 OR PRESIDENTIAL PRIMARY 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  trans-
mission  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 application for a special federal ballot.
  S 19. 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.

A. 8198                            11

  S 20. 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
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  21.  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 THREE MONTHS before [September twentieth of]
THE 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
nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN 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 THREE MONTHS BEFORE the next general election [or be called
after September nineteenth] 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 22. This act shall take effect immediately; provided, however,  that
the  amendments  to  section  4-114  of the election law made by section
seven of this act and the amendments to paragraph (a) of  subdivision  1
of  section 10-108 of the election law made by section seventeen of this
act shall be subject to the expiration and reversion of such section and
paragraph, respectively, pursuant to chapter 99 of the laws of 2013,  as
amended,  when  upon  such  date  the provisions of sections seven-a and
seventeen-a of this act shall take effect.