Assembly Bill A8308

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

                                  8308

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Election Law

AN  ACT  to amend the election law, in relation to the conducting of the
  presidential primary, to provide for the election of  delegates  to  a
  national  party convention or a national party conference in 2016, and
  the "June" and "Fall" primary in such year; to amend the election law,
  in relation to electing delegates to a national party convention;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. 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 in September  before  every
general  election unless otherwise changed by an act of the legislature.
MEMBERS OF STATE AND COUNTY COMMITTEES AND ASSEMBLY DISTRICT LEADERS AND
ASSOCIATE ASSEMBLY DISTRICT LEADERS AND ALL OTHER PARTY POSITIONS TO  BE
ELECTED  SHALL  BE  ELECTED  AT THE FALL PRIMARY AND ALL NOMINATIONS FOR
STATE AND LOCAL PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
IN SUCH YEAR SHALL BE MADE AT THE FALL PRIMARY, EXCEPT A VILLAGE PRIMARY
PURSUANT  TO  EITHER ARTICLE FIFTEEN OR TITLE TWO OF ARTICLE SIX OF THIS
CHAPTER. In [each] THE year TWO THOUSAND SIXTEEN 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]  JUNE  primary,
shall be held on [the first Tuesday in February] JUNE SEVENTH, TWO THOU-
SAND SIXTEEN, unless otherwise changed by an act of the legislature, for
the  purpose of MAKING ALL PARTY NOMINATIONS FOR FEDERAL OFFICE REQUIRED
TO BE MADE AT A PRIMARY ELECTION AND electing  delegates  AND  ALTERNATE
DELEGATES  to  the  national  convention[,  members  of state and county
committees and assembly district leaders and associate assembly district

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11725-01-5
              

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leaders] PURSUANT TO SECTION 2-122-A OF THIS CHAPTER. IN  THE  YEAR  TWO
THOUSAND  SIXTEEN  AN  ADDITIONAL  PRIMARY  ELECTION, TO BE KNOWN AS THE
APRIL PRIMARY, SHALL BE HELD ON APRIL NINETEENTH, TWO  THOUSAND  SIXTEEN
TO  ELECT  DELEGATES  AND ALTERNATE DELEGATES TO THE NATIONAL CONVENTION
PURSUANT TO SECTION 2-122-B OF THIS CHAPTER.
  S 2. Notwithstanding any inconsistent provisions of the election  law,
a rule or resolution of a state committee providing for the selection of
delegates  and  alternate  delegates  to  a national party convention or
national party conference in the year 2016 shall select  either  section
three  or section four of this act in order to conform to the rules of a
national committee.  A certified copy of such rule or  resolution  shall
be  filed  with the state board of elections no later than the first day
of November, 2015.
  S 3. The election law is amended by adding a new  section  2-122-a  to
read as follows:
  S  2-122-A.  NATIONAL  CONVENTION; NATIONAL PARTY CONFERENCE.   1. THE
RULES OF THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT  THE  DELEGATES
AND  ALTERNATE  DELEGATES  TO  A  NATIONAL  CONVENTION OR NATIONAL PARTY
CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
  A. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE
OF  PRESIDENT  OF THE UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR
SUCH OFFICE APPEAR ON THE BALLOT;
  B. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES  FOR  THE  POSI-
TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION IN
DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
  C. BY THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE  AT  A
MEETING  OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE PARTY
MAY PROVIDE.
  2. IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN WHICH THE
OFFICE OF PRESIDENT OF THE UNITED STATES APPEARS ON THE  BALLOT,  DESIG-
NATION  OF  CANDIDATES  FOR  SUCH  OFFICE  SHALL BE MADE PURSUANT TO THE
PROVISIONS OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH  CANDIDATES
NEED  NOT  BE  CITIZENS  OF  NEW  YORK  BUT  ONLY CITIZENS OF THE UNITED
STATES), 6-130, 6-132 (EXCEPT THAT REFERENCES TO  A  COMMITTEE  TO  FILL
VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
6-134,  6-144,  THE  PROVISIONS WITH RESPECT TO DECLINATIONS IN SUBDIVI-
SIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A  COMMIT-
TEE  TO  FILL  VACANCIES  SHALL  BE  DEEMED REFERENCES TO A COMMITTEE TO
RECEIVE NOTICES), 6-154, AND SUBDIVISION  ONE  AND  THE  PROVISION  WITH
RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
SUCH CANDIDATES MAY DECLINE SUCH DESIGNATIONS NOT LATER THAN MARCH TWEN-
TY-EIGHTH,  TWO  THOUSAND  SIXTEEN)  OF THIS CHAPTER. THE STATE BOARD OF
ELECTIONS SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS  OF
ELECTIONS OF ANY SUCH DECLINATION FILED.
  3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
STATE  IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE THOU-
SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
  4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
WHICH THE OFFICE OF THE PRESIDENT OF THE UNITED STATES  APPEARS  ON  THE
BALLOT,  IN  ADDITION  TO THE SPACES ON THE BALLOT WITH THE NAMES OF THE
CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
"UNCOMMITTED".  THE "UNCOMMITTED" SPACE SHALL BE LISTED  ON  THE  BALLOT
PROVIDED  THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE WHICH
MEETS THE SAME REQUIREMENTS AS A PETITION DESIGNATING  A  CANDIDATE  FOR

A. 8308                             3

THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
AS IS REQUIRED FOR SUCH A PETITION.
  5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
LISTED  ON  THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE OF PRESIDENT
OF THE UNITED STATES HELD PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION
SHALL BE SUBSTANTIALLY AS FOLLOWS:
  I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF
THE .................... PARTY  AND ENTITLED TO VOTE AT THE NEXT PRIMARY
ELECTION   OF   SUCH   PARTY   TO   BE   HELD   ON   THE ...... DAY   OF
............... 20...,  THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO-
SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN  "UNCOMMITTED"
SPACE  BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR
THE OFFICE OF PRESIDENT OF THE UNITED STATES.
  B. THE APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE  IN  THE
FORM PRESCRIBED FOR A PETITION FOR AN OPPORTUNITY TO BALLOT.  THE SIGNA-
TURES  ON  THE PETITION WITH ALL THE REQUIRED INFORMATION AND THE SIGNED
STATEMENT OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO  TAKE
OATHS  SHALL  BE  IN  THE FORM PRESCRIBED FOR A DESIGNATING PETITION FOR
SUCH OFFICE.
  6. A. IF THE RULES OF A  STATE  COMMITTEE,  ADOPTED  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION, PROVIDE THAT THE POSITIONS OF DELEGATE AND
ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
NATION OF CANDIDATES FOR SUCH POSITIONS SHALL BE MADE  PURSUANT  TO  THE
PROVISIONS  OF  SECTIONS  6-100, 6-118, 6-122, 6-130, 6-132 (EXCEPT THAT
REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES
TO  A  COMMITTEE  TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH
RESPECT TO DECLINATIONS IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  6-146
(EXCEPT  THAT    REFERENCES  TO  A  COMMITTEE TO FILL VACANCIES SHALL BE
DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154,  AND
SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
  B.  CANDIDATES  FOR  THE  POSITIONS OF DISTRICT DELEGATE AND ALTERNATE
DISTRICT DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH PARTY AND
RESIDENTS OF THE DISTRICT IN WHICH THEY ARE CANDIDATES.    THE  CONGRES-
SIONAL  DISTRICTS  USED FOR THE ELECTION OF SUCH DELEGATES AND ALTERNATE
DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND  FOUR-
TEEN CONGRESSIONAL ELECTIONS.
  C.  DESIGNATING  PETITIONS  FOR  CANDIDATES FOR SUCH POSITIONS MUST BE
SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN
THE DISTRICT IN WHICH SUCH CANDIDATES ARE DESIGNATED,  OR  BY  AT  LEAST
ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY
IN SUCH DISTRICT, WHICHEVER IS LESS. SUCH PETITION SIGNATURE REQUIREMENT
SHALL  BE  COMPUTED USING THE OFFICIAL APRIL FIRST, TWO THOUSAND FIFTEEN
ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
  D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL
HAVE PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO,  A
LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  SUCH  CANDIDATES ARE
PLEDGED TO SUPPORT, OR A LEGEND THAT SUCH  CANDIDATES  ARE  UNCOMMITTED.
SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION.
  E.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
CANDIDATE FOR EITHER SUCH POSITION SHALL BE VALID  UNDER  THIS  SECTION,
FOR  PURPOSES  OF  DELEGATES  AND  ALTERNATE  DELEGATES, UNLESS ALL SUCH
CANDIDATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION  THE  LEGEND
THAT  THEY  ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR UNLESS ALL

A. 8308                             4

SUCH CANDIDATES FOR SUCH POSITIONS HAVE PRINTED  ON  SUCH  PETITION  THE
LEGEND THAT THEY ARE UNCOMMITTED.
  F.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY  VALID  UNLESS
THE  CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE
AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH  A  VARI-
ANCE NO GREATER THAN ONE.
  G.  IN  THE  EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES
FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE
OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE,  OR  THE
WORD  UNCOMMITTED,  WILL  NOT  APPEAR  ON THE BALLOT AT THE PRESIDENTIAL
PRIMARY ELECTION IN TWO THOUSAND SIXTEEN, THEN THE PETITION  DESIGNATING
SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
  H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
ELECTIONS BY ELECTRONIC TRANSMISSION.
  7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH  SUCH
CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH
SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
  B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
FILED, NOT LATER THAN APRIL FIFTH, TWO THOUSAND SIXTEEN.
  C.  IN  THE  EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH
POSITIONS, LISTED  AS  PLEDGED  TO  SUPPORT  A  PRESIDENTIAL  CANDIDATE,
CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY
SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES
SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH
PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR
ON  THE  BALLOT  SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI-
DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID.
  D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF  THE  CERTIFICATE
REQUIRED  BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE
COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION NOT LATER THAN APRIL FOURTEENTH, TWO THOUSAND SIXTEEN.

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EVERY OTHER BOARD OF ELECTIONS  WITH  WHICH  DESIGNATING  PETITIONS  FOR
DELEGATE AND ALTERNATE DELEGATE WERE FILED PURSUANT TO THE PROVISIONS OF
THIS  SECTION  SHALL,  NOT  LATER  THAN  APRIL  FIFTEENTH,  TWO THOUSAND
SIXTEEN,  SEND A LIST OF THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO
WILL APPEAR ON THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.
  8. A. IF THE RULES OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO  THE
PROVISIONS  OF  THIS SECTION PROVIDE FOR AN ELECTION IN WHICH CANDIDATES
FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT-
TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE
TO A NATIONAL CONVENTION APPEAR ON THE  BALLOT,  SUCH  BALLOT  SHALL  BE
ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION.
  B.  THE  NAME  OF  EACH  CANDIDATE  FOR THE OFFICE OF PRESIDENT OF THE
UNITED STATES WHO HAS QUALIFIED TO APPEAR ON THE  BALLOT  AND  THE  WORD
"UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE
BALLOT  WAS  FILED  WITH THE STATE BOARD OF ELECTIONS, SHALL APPEAR IN A
SEPARATE ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE  TO
A  NATIONAL  CONVENTION  WHO  FILED  DESIGNATING  PETITIONS CONTAINING A
LEGEND NAMING THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE  PLEDGED  TO
SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW
OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL
CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI-
DATES   FOR  ALTERNATE  DELEGATE  TO  SUCH  CONVENTION  WHO  FILED  SUCH
PETITIONS. IF THE NUMBER OF CANDIDATES,  OR  GROUPS  OF  CANDIDATES  FOR
DELEGATE  AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A PARTICULAR
PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER
WHO MAY BE LISTED IN ONE ROW OR COLUMN AND IF THERE  ARE  MORE  ROWS  OR
COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR
PRESIDENT  WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD OF
ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES
OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE.
  C. THE ORDER OF THE NAMES OF CANDIDATES FOR THE  OFFICE  OF  PRESIDENT
AND  THE  WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE NAMES OF
CANDIDATES FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN  A
PARTICULAR  ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE PROVISIONS
OF SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT  NAMES
OF  CANDIDATES  FOR  SUCH  POSITIONS  WHO  ARE  DESIGNATED BY INDIVIDUAL
PETITIONS AND NOT IN A GROUP SHALL HAVE THEIR  POSITIONS  DETERMINED  BY
LOT  IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES OR
GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY
THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH
DETERMINATION BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH  SECTION
7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT
TO THE PROVISIONS OF THIS SECTION.
  D.  IMMEDIATELY  FOLLOWING THE NAME OF EACH CANDIDATE FOR DELEGATE AND
ALTERNATE DELEGATE ON THE  BALLOT  SHALL  APPEAR,  IN  PARENTHESIS,  THE
LETTER  (M)  IF SUCH CANDIDATE IS MALE AND THE LETTER (F) IF SUCH CANDI-
DATE IS FEMALE.
  9. ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF  THIS
SECTION SHALL USE ONLY VOTING SYSTEMS AUTHORIZED BY TITLE TWO OF ARTICLE
SEVEN OF THIS CHAPTER.
  10.  PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS CHAP-
TER SHALL BE ENTITLED TO SIGN DESIGNATING PETITIONS FOR,  AND  VOTE  IN,
ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION.
  11.  IF  THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION
IN WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE  POSITIONS
OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON

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THE BALLOT PURSUANT TO THE PROVISIONS OF THIS SECTION, THE  STATE  BOARD
OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL
CANVASS  THE  RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE AND POSI-
TIONS  PURSUANT  TO  THE  PROVISIONS OF SECTIONS 9-200 AND 9-202 OF THIS
CHAPTER, AND SHALL CERTIFY TO THE SECRETARY OF THE  STATE  COMMITTEE  OF
SUCH  PARTY  THE VOTES CAST FOR EACH CANDIDATE FOR SUCH OFFICE AND POSI-
TIONS IN SUCH PRIMARY ELECTION AND THE VOTES CAST FOR THE  "UNCOMMITTED"
PREFERENCE,  TALLIED  SEPARATELY BY CONGRESSIONAL DISTRICTS, EXCEPT THAT
NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED
OR ELECTED TO ANY SUCH OFFICE OR POSITION.
  12. EXCEPT AS PROVIDED IN THIS  SECTION  AND  PARTY  RULES  AND  REGU-
LATIONS,  ALL  PROVISIONS  OF THE ELECTION LAW, EXCEPT ANY PROVISIONS OF
SECTION 2-122 OF THIS ARTICLE WHICH ARE INCONSISTENT WITH  THIS  SECTION
AND  THOSE  SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS CHAPTER NOT
SPECIFIED IN THIS SECTION, SHALL APPLY TO ELECTIONS  CONDUCTED  PURSUANT
TO THIS SECTION.
  S  4.  The  election law is amended by adding a new section 2-122-b to
read as follows:
  S 2-122-B. PRESIDENTIAL PRIMARY. 1. APPLICABILITY.  THE  SELECTION  OF
DELEGATES  AND  ALTERNATE  DELEGATES FROM NEW YORK STATE TO THE NATIONAL
CONVENTION OF THE REPUBLICAN PARTY IN EACH YEAR  IN  WHICH  ELECTORS  OF
PRESIDENT  AND  VICE-PRESIDENT  OF  THE  UNITED STATES ARE TO BE ELECTED
SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
COMMITTEE OF ANY OTHER POLITICAL PARTY MAY, BY RULE OR  RESOLUTION,  OPT
TO  CONDUCT  THE  SELECTION  OF DELEGATES AND ALTERNATE DELEGATES IN ANY
SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
COPY OF SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE  BOARD  OF
ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
  2.  GENERAL PROVISIONS. THE AWARDING OF DELEGATES AND ALTERNATE DELEG-
ATES TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY  PURSU-
ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
PRIMARY  ELECTION  FOR  CANDIDATES  FOR  THE  OFFICE OF PRESIDENT OF THE
UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
THE BALLOT AND THE NAMES OF DELEGATES AND  ALTERNATE  DELEGATES  DO  NOT
APPEAR  ON  SUCH  BALLOT.    THE TOTAL NUMBER OF DELEGATES AND ALTERNATE
DELEGATES SHALL BE DETERMINED BY THE CALL FOR THE  NATIONAL  CONVENTION.
THREE  DELEGATES  AND  THREE  ALTERNATE  DELEGATES SHALL BE AWARDED FROM
EVERY CONGRESSIONAL DISTRICT IN THE  STATE,  UNLESS  THE  RULES  OF  THE
NATIONAL  REPUBLICAN  PARTY  AND/OR THE CALL FOR THE NATIONAL CONVENTION
PROVIDE DIFFERENTLY.  THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEG-
ATES AS ESTABLISHED BY THE CALL FOR THE NATIONAL  CONVENTION  MINUS  THE
NUMBER  OF  DELEGATES  AND  ALTERNATE  DELEGATES  TO BE AWARDED FROM THE
CONGRESSIONAL DISTRICTS  SHALL  BE  DESIGNATED  AT-LARGE  DELEGATES  AND
AT-LARGE ALTERNATE DELEGATES.
  A  POLITICAL  PARTY  SHALL CERTIFY TO THE STATE BOARD OF ELECTIONS, AT
LEAST TWELVE WEEKS PRIOR TO THE DATE OF THE  PRESIDENTIAL  PRIMARY,  THE
NUMBER  OF  DELEGATES  TO  WHICH  SUCH PARTY IS ENTITLED PURSUANT TO ITS
RULES.
  CONGRESSIONAL DISTRICT DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
AWARDED  BASED  UPON  THE  RESULTS  OF  SEPARATE  AND  DISTINCT  PRIMARY
ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRES-
SIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL  BE  AWARDED  TO
PRESIDENTIAL  CANDIDATES  PURSUANT TO PARAGRAPH B OF SUBDIVISION FOUR OF
THIS SECTION AND ELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR  OF
THIS  SECTION.  AT-LARGE  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL BE

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ELECTED BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL  CANDIDATES
PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
  3.  BALLOT  ACCESS  METHODS. CANDIDATES SHALL BE ELIGIBLE TO APPEAR ON
THE BALLOT IN A PRIMARY ELECTION OF A POLITICAL PARTY FOR THE OFFICE  OF
PRESIDENT  OF  THE  UNITED  STATES  PURSUANT  TO  ANY  OF  THE FOLLOWING
PROVISIONS:
  A. ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE  PRESI-
DENTIAL  PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF 11
CODE OF FEDERAL REGULATIONS PART 9033, OR ANY CANDIDATE  WHO  MEETS  THE
ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11
CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH
CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST,
BY  CERTIFICATE  FILED  AND  RECEIVED BY THE STATE BOARD OF ELECTIONS NO
SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE
OF THE PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE  APPEAR  ON
THE  BALLOT  AT  THE  PRIMARY OF SUCH PARTY IN THE STATE OF NEW YORK FOR
THAT YEAR.
  B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE
STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER  THAN
NINE  WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME
OF SUCH CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH  PARTY  IN
THE  STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES.
SUCH CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT OF  SUCH  PARTY
IN  THE  STATE  OF NEW YORK AT THE PRIMARY ELECTION FOR THAT YEAR IF THE
STATE BOARD OF ELECTIONS DETERMINES THAT  THE  PERSON  IS  A  NATIONALLY
KNOWN  AND RECOGNIZED CANDIDATE AND THE CANDIDACY OF SUCH PERSON FOR THE
PARTY NOMINATION FOR PRESIDENT IS GENERALLY AND SERIOUSLY  ADVOCATED  OR
RECOGNIZED  ACCORDING  TO  REPORTS  IN THE NATIONAL OR STATE NEWS MEDIA.
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW  TO  THE  CONTRARY,  A
REQUEST BY A CANDIDATE TO APPEAR ON THE PRESIDENTIAL PRIMARY BALLOT OF A
MAJOR  POLITICAL PARTY SHALL BE DETERMINED SOLELY UPON A JOINT RECOMMEN-
DATION BY THE COMMISSIONERS OF THE STATE BOARD  OF  ELECTIONS  WHO  HAVE
BEEN  APPOINTED  ON  THE  RECOMMENDATION  OF SUCH POLITICAL PARTY OR THE
LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY, AND NO  OTHER  COMMISSIONER
OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION.
THE  STATE  BOARD  OF ELECTIONS SHALL ACT UPON ANY SUCH REQUEST NO LATER
THAN FIFTY-FIVE DAYS BEFORE THE PRESIDENTIAL PRIMARY.
  C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO
THE PROVISIONS OF ARTICLE SIX OF  THIS  CHAPTER.  DESIGNATING  PETITIONS
SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV-
ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
  D.    PRESIDENTIAL  CANDIDATES  DETERMINED  ELIGIBLE  TO APPEAR ON THE
PRIMARY BALLOT MAY HAVE THEIR NAME REMOVED FROM SUCH PRIMARY  BALLOT  BY
FILING  A  CERTIFICATE WITH THE STATE BOARD OF ELECTIONS AND RECEIVED NO
LATER THAN TWENTY-EIGHT DAYS BEFORE SUCH PRIMARY  ELECTION.  AFTER  SUCH
DATE  BUT  BEFORE  THE  DATE OF THE PRIMARY, PRESIDENTIAL CANDIDATES MAY
FILE A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS  DEEMING  ANY  VOTE
FOR SUCH PRESIDENTIAL CANDIDATE TO BE A VOID VOTE.
  4.  ELECTION  OF  DELEGATES AND ALTERNATE DELEGATES FROM CONGRESSIONAL
DISTRICTS. A. EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A  SEPARATE  AND
DISTINCT  PRIMARY  ELECTION.  ENROLLED REPUBLICAN VOTERS FROM A CONGRES-
SIONAL DISTRICT SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO  HAS  QUALI-
FIED  FOR  THE  PRIMARY  BALLOT  PURSUANT  TO  SUBDIVISION THREE OF THIS
SECTION.
  B. ALL THREE DELEGATES  AND  ALL  THREE  ALTERNATE  DELEGATES  FROM  A
CONGRESSIONAL  DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO

A. 8308                             8

RECEIVES A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL  CANDIDATES
IN  SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES A
MAJORITY OF THE VOTES IN  A  CONGRESSIONAL  DISTRICT,  THE  PRESIDENTIAL
CANDIDATE  RECEIVING  THE MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL
BE AWARDED TWO DELEGATES AND TWO ALTERNATE DELEGATES AND  THE  PRESIDEN-
TIAL  CANDIDATE  WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL
DISTRICT SHALL BE AWARDED  ONE  DELEGATE  AND  ONE  ALTERNATE  DELEGATE,
PROVIDED  HOWEVER,  THAT  A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST
TWENTY PERCENT OF THE TOTAL VOTES CAST FOR  PRESIDENTIAL  CANDIDATES  IN
THE  CONGRESSIONAL  DISTRICT  IN  ORDER  TO BE AWARDED ANY DELEGATES AND
ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI-
DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE  OF  THE  TOTAL  VOTES
CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES-
IDENTIAL  CANDIDATE  SHALL  BE AWARDED ALL THREE DELEGATES AND ALL THREE
ALTERNATE DELEGATES.   IF  NO  PRESIDENTIAL  CANDIDATE  RECEIVES  TWENTY
PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
CONGRESSIONAL  DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE
POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED  PURSUANT
TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
  C.  ALL CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL
BE ELECTED BY THE MEMBERS OF THE NEW  YORK  REPUBLICAN  STATE  COMMITTEE
REPRESENTING  EACH  SUCH CONGRESSIONAL DISTRICT AND AWARDED TO PRESIDEN-
TIAL CANDIDATES  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION.  THE
CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
ELECTED BY THE MEMBERS  OF  THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE
REPRESENTING  EACH SUCH CONGRESSIONAL DISTRICT AT MEETINGS CALLED BY THE
STATE CHAIRMAN AND SCHEDULED IN COMPLIANCE WITH RULE 20 OF THE RULES  OF
THE  REPUBLICAN  PARTY  (NATIONAL)  BUT,  IF  PRACTICABLE, FOLLOWING THE
CERTIFICATION OF THE RESULTS OF THE PRESIDENTIAL PRIMARY BY THE NEW YORK
STATE BOARD OF ELECTIONS. THE NOTICES OF CALL ISSUED BY THE STATE CHAIR-
MAN SHALL DESIGNATE NEW YORK REPUBLICAN STATE COMMITTEE MEMBERS TO SERVE
AS CHAIRS AND SECRETARIES OF THE  CONGRESSIONAL  DISTRICT  MEETINGS.  AT
THESE  CONGRESSIONAL  DISTRICT  MEETINGS,  THE  MEMBERS  OF THE NEW YORK
REPUBLICAN STATE COMMITTEE SHALL EACH CAST VOTES EQUAL TO THE REPUBLICAN
ENROLLMENT FOR THEIR UNIT OF REPRESENTATION THAT IS WITHIN THE  CONGRES-
SIONAL  DISTRICT.  VOTING BY PROXY AT THE CONGRESSIONAL DISTRICT MEETING
SHALL BE VALID. THE CHAIR AND SECRETARY OF EACH  CONGRESSIONAL  DISTRICT
MEETING  SHALL  FILE  A  CERTIFICATE  WITH  THE  NEW YORK STATE BOARD OF
ELECTIONS STATING THE NAMES AND ADDRESSES OF THE INDIVIDUALS ELECTED  AS
CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE DELEGATES WITHIN FIVE
DAYS OF THE MEETING.
  5. ELECTION OF AT LARGE DELEGATES AND AT  LARGE  ALTERNATE  DELEGATES.
AT-LARGE  DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED BY
THE NEW YORK REPUBLICAN STATE  COMMITTEE  AND  AWARDED  TO  PRESIDENTIAL
CANDIDATES  BASED  UPON  THE  STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL
PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE  ALTERNATE  DELEG-
ATES SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI-
TY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES.  IF NO
PRESIDENTIAL  CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL VOTES
CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND AT-LARGE ALTER-
NATE DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED  ON  THE
RATIO  OF  THE TOTAL STATEWIDE VOTE RECEIVED BY EACH PRESIDENTIAL CANDI-
DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI-
DATES RECEIVING AT LEAST TWENTY PERCENT OF THE  STATEWIDE  VOTE  IN  THE
PRESIDENTIAL  PRIMARY  ELECTION, THE NEW YORK REPUBLICAN STATE COMMITTEE
SHALL APPORTION PRO-RATA THE NUMBER OF AT-LARGE DELEGATES  AND  AT-LARGE

A. 8308                             9

ALTERNATE  DELEGATES  THAT  EACH  PRESIDENTIAL  CANDIDATE IS ENTITLED TO
RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED  HOWEVER,  THAT  A
PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL
STATEWIDE  VOTE  OF  THE  PRESIDENTIAL  PRIMARY  ELECTION IN ORDER TO BE
AWARDED ANY AT-LARGE DELEGATES BY THE NEW YORK REPUBLICAN STATE  COMMIT-
TEE.  IN THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES ONE OR
MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL  DISTRIBUTION,  THEN
ANY  SUCH  DELEGATE  OR  DELEGATES, SHALL BE AWARDED TO THE PRESIDENTIAL
CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES.
IN THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES  BY
PROCESS  OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE AUTHOR-
IZED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY AND THE CALL
FOR THE NATIONAL CONVENTION, THEN THE NUMBER OF  DELEGATES  AWARDED  FOR
THE  CANDIDATE RECEIVING THE LEAST STATEWIDE VOTES AMONG THOSE PRESIDEN-
TIAL CANDIDATES OTHERWISE ENTITLED TO BE  AWARDED  DELEGATES,  SHALL  BE
DECREASED TO THE EXTENT NECESSARY TO CONFORM TO THE NUMBER OF AUTHORIZED
DELEGATE POSITIONS.
  6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS
SECTION  SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT TO
THIS SECTION.
  S 5. Subdivision 4 of section 6-158 of the election law, as amended by
chapter 434 of the laws of 1984, is amended and a new subdivision 1-a is
added to read as follows:
  1-A. A DESIGNATING PETITION FOR THE APRIL AND JUNE  PRIMARY  ELECTIONS
SHALL BE FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER
THAN THE ELEVENTH THURSDAY PRECEDING THE APRIL AND JUNE ELECTIONS.
  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 preceding the primary election, EXCEPT THAT SUCH A PETI-
TION FILED FOR THE TWO THOUSAND SIXTEEN JUNE PRIMARY SHALL BE FILED  NOT
LATER  THAN THE TENTH THURSDAY PRECEDING SUCH PRIMARY.  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 Thursday
preceding  such  primary election, EXCEPT THAT SUCH A PETITION FILED FOR
THE TWO THOUSAND SIXTEEN APRIL AND JUNE PRIMARIES  SHALL  BE  FILED  NOT
LATER THAN THE NINTH THURSDAY PRECEDING THE APRIL AND JUNE PRIMARIES.
  S  6.  Subdivisions  6, 9, 11, and 12 of section 6-158 of the election
law, subdivision 6 as amended by chapter 79 of the laws of 1992,  subdi-
vision 9 as amended by chapter 517 of the laws of 1986, and subdivisions
11  and 12 as amended by chapter 434 of the laws of 1984, are amended to
read as follows:
  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]  SIXTY  DAYS  BEFORE THE TWO THOUSAND SIXTEEN GENERAL
ELECTION, and except still further that a  certificate  of  party  nomi-
nation  made  at a judicial district convention shall be filed not later

A. 8308                            10

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
weeks  and  not  later than eleven weeks preceding such election, EXCEPT
THAT AN INDEPENDENT NOMINATION FOR A FEDERAL OFFICE TO BE FILLED AT  THE
TIME  OF  THE  TWO  THOUSAND SIXTEEN GENERAL ELECTION SHALL BE FILED NOT
EARLIER THAN THE FIFTEENTH AND  NOT  LATER  THAN  THE  FOURTEENTH  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] A STATE OR LOCAL office to be filled at the  time  of  a
general  election  shall be filed not later than the third day after the
eleventh Tuesday preceding such election, AND A CERTIFICATE  OF  ACCEPT-
ANCE OR DECLINATION OF AN INDEPENDENT NOMINATION FOR A FEDERAL OFFICE TO
BE FILLED AT THE TIME OF THE TWO THOUSAND SIXTEEN GENERAL ELECTION SHALL
BE  FILED  NOT  LATER  THAN  THE  THIRD DAY AFTER THE FOURTEENTH TUESDAY
PRECEDING SUCH ELECTION, except  that  a  candidate  who  files  such  a
certificate  of  acceptance  for  [an] A STATE OR LOCAL 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 declination FOR SUCH STATE OR LOCAL OFFICE 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 Tuesday preceding such election, EXCEPT THAT A  CERTIFICATE  TO
FILL  A VACANCY CAUSED BY A DECLINATION OF AN INDEPENDENT NOMINATION FOR
A FEDERAL OFFICE TO BE FILLED AT THE TIME OF A GENERAL ELECTION SHALL BE
FILED NOT LATER THAN THE SIXTH DAY AFTER THE FOURTEENTH TUESDAY  PRECED-
ING  SUCH ELECTION. A certificate to fill a vacancy caused by a declina-
tion 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.
  S 7. 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  days
before  a  primary  election  OR FIFTY-FOUR DAYS BEFORE AN APRIL OR JUNE
PRIMARY ELECTION, shall certify to each county board of  elections:  The
name  and  residence  of each candidate to be voted for within the poli-
tical subdivision 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 name is to be placed; and the order in which the names of the candi-

A. 8308                            11

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 8. 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 days before
a general election, or fifty-three days before a special election,    OR
FIFTY-FOUR DAYS BEFORE THE GENERAL ELECTION WITH RESPECT ONLY TO FEDERAL
CANDIDATES, 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
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 9. 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,  APRIL  OR  JUNE PRIMARY
ELECTION, OR THE GENERAL ELECTION WITH RESPECT ONLY  TO  FEDERAL  CANDI-
DATES,  shall  determine the candidates duly nominated for public office
and the questions that shall appear on the ballot within  the  jurisdic-
tion of that board of elections.
  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 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,  APRIL  OR  JUNE  PRIMARY  ELECTION OR THE GENERAL
ELECTION WITH RESPECT ONLY TO THE BALLOT FOR FEDERAL CANDIDATES. A voter
who submits a military ballot application shall be entitled to  a  mili-
tary  ballot thereafter for each subsequent election through and includ-
ing the next two regularly scheduled  general  elections  held  in  even
numbered years, including any run-offs which may occur; provided, howev-
er,  such  application  shall  not be valid for any election held within
seven days after its receipt. Ballots shall also be mailed to any quali-
fied 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

A. 8308                            12

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  11. Section 6-116 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
  S 6-116. Party nominations; election to fill a vacancy. A party  nomi-
nation  of  a  candidate  for  election to fill a vacancy in an elective
office required to be filled at the  next  general  election,  occurring
after  seven  days  before  the  last  day  for  circulating designating
petitions or after the holding of the meeting or convention to  nominate
or  designate  candidates  for such, shall be made, after the day of the
primary election, by a majority vote of a quorum of the state  committee
if  the  vacancy  occurs  in an office to be filled by all voters of the
state, and otherwise by a majority vote of a quorum of the members of  a
county committee or committees last elected in the political subdivision
in  which  such  vacancy is to be filled, or by a majority of such other
committee as the rules of the party  may  provide.  NOTWITHSTANDING  ANY
OTHER  PROVISION  OF  THIS SECTION, UPON A VACANCY IN A FEDERAL ELECTIVE
OFFICE FOR WHICH A WRIT OF ELECTION IS ISSUED FOR THE  GENERAL  ELECTION
TO BE HELD IN TWO THOUSAND SIXTEEN, A CERTIFICATE OF NOMINATION FOR SUCH
OFFICE  SHALL  BE FILED NO LATER THAN NINETY DAYS AFTER THE JUNE PRIMARY
ELECTION. A certificate of nomination shall be  filed  as  provided  for
herein.
  S  12. 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 APRIL OR JUNE primary  [election  and  forty-five
days before each], OR special election in which such applicant is quali-
fied to vote, or three days after receipt of such an application, which-
ever  is  later, mail to him or her at the residence address outside the
United States shown in his or her application, a special federal ballot,
an inner affirmation  envelope  and  an  outer  envelope,  or  otherwise
distribute  same to the voter in accordance with the preferred method of
transmission designated by the voter pursuant to section 11-203 of  this
title.  The  board of elections shall also mail, or otherwise distribute
in accordance with the preferred method of  transmission  designated  by
the  voter  pursuant  to section 11-203 of this title, a special federal
ballot to every qualified special federal voter who  is  already  regis-
tered  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 13. Section 1-106 of the election law is amended  by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  THE FILING BY MAIL PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL NOT APPLY TO THE APRIL OR JUNE PRIMARIES OR FEDERAL OFFICES ON THE
GENERAL ELECTION BALLOT. FOR SUCH PRIMARY AND THE GENERAL ELECTION  WITH

A. 8308                            13

RESPECT  TO  FEDERAL  OFFICES,  FILINGS OF CERTIFICATES AND PETITIONS OF
DESIGNATION OR NOMINATION, CERTIFICATES OF ACCEPTANCE OR DECLINATION  OF
SUCH  DESIGNATIONS  AND  NOMINATIONS,  CERTIFICATES OF AUTHORIZATION FOR
SUCH  DESIGNATIONS,  CERTIFICATES  OF  DISQUALIFICATION, CERTIFICATES OF
SUBSTITUTION FOR SUCH DESIGNATIONS OR NOMINATIONS,  AND  OBJECTIONS  AND
SPECIFICATIONS  OF  OBJECTIONS TO 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 BY MAIL AND
ACCEPTED  FOR  FILING IF (I) SENT BY MAIL, OR OVERNIGHT DELIVERY SERVICE
AS DEFINED BY PARAGRAPH  SIX  OF  SUBDIVISION  (B)  OF  RULE  TWENTY-ONE
HUNDRED  THREE OF THE CIVIL PRACTICE LAW AND RULES, IN AN ENVELOPE POST-
MARKED OR SHOWING RECEIPT BY THE OVERNIGHT DELIVERY  SERVICE,  PRIOR  TO
MIDNIGHT  OF  THE LAST DAY OF FILING, AND (II) IF RECEIVED NO LATER THAN
ONE  BUSINESS  DAY  AFTER  THE  LAST  DAY  TO  FILE  SUCH  CERTIFICATES,
PETITIONS, OBJECTIONS OR SPECIFICATIONS.
  S  14. Subdivision 4 of section 6-134 of the election law, as added by
chapter 709 of the laws of 1996, is amended to read as follows:
  4. A signature made earlier than thirty-seven days before the last day
to file designating petitions for the APRIL AND JUNE primary  [election]
ELECTIONS  shall not be counted. A SIGNATURE MADE EARLIER THAN FORTY-TWO
DAYS BEFORE THE LAST DAY TO FILE  DESIGNATING  PETITIONS  FOR  THE  FALL
PRIMARY ELECTION SHALL NOT BE COUNTED.
  S  15.  Subdivision 1 of section 9-200 of the election law, as amended
by chapter 250 of the laws of 1984, is amended to read as follows:
  1. The board  of  elections  shall  canvass  the  returns  of  primary
elections  filed with it. It shall canvass first the votes of the deleg-
ates and alternates to judicial  district  conventions,  NATIONAL  PARTY
CONVENTIONS  OR  NATIONAL PARTY CONFERENCES and complete such canvass at
the earliest time possible. It  shall  complete  the  canvass  otherwise
within  nine  days from the day upon which the primary election is held.
Upon the completion of the canvass the board shall make and file in  its
office  tabulated  statements,  signed by the members of such board or a
majority thereof, of the number of votes cast for all the candidates for
nomination to each public office or for election to each party position,
and the number of votes cast for  each  such  candidate.  The  candidate
receiving the highest number of votes for nomination for a public office
or  for  election  to a party position voted for wholly within the poli-
tical unit for which such board is acting, shall be the nominee  of  his
party  for  such office or elected to such party position and the board,
if requested by a candidate elected to a party position,  shall  furnish
to him a certificate of election.
  S 16. Separability.  If any sentence, clause, subparagraph, paragraph,
subdivision, section or other part of this act, or the application ther-
eof  to  any party, person or circumstances shall be held or adjudged by
any court of competent jurisdiction to be invalid, such holding or judg-
ment shall not affect, impair or invalidate the remainder or any portion
of the remainder of this act, or the application of such section or part
of a section held or adjudged to be invalid,  to  any  other  person  or
circumstances,  but  shall be confined in its operation to the sentence,
clause, subparagraph, paragraph, subdivision, section or other  part  of
this  act  directly involved in the controversy in which such holding or
judgment shall have been rendered, or to the party, person  and  circum-
stances therein involved.
  S  17.  This  act shall take effect immediately; provided, however, if
this act shall become law after July 1, 2015, it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and

A. 8308                            14

after July 1, 2015; provided further that sections  six,  seven,  eight,
nine,  ten,  eleven,  twelve, thirteen, fourteen and fifteen of this act
shall take effect December 15, 2015;  and  provided  further,  this  act
shall  expire  December  31,  2016 when upon such date the provisions of
this act shall be deemed repealed.