Senate Bill S5959

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

                                  5959

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 14, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the election law, in relation to amending certain  dead-
  lines  to  facilitate  the  timely transmission of ballots to military
  voters stationed overseas;  to  amend  the  public  officers  law,  in
  relation  to  filling  vacancies  in  elective  offices;  to amend the
  election law, in relation to the conducting of the presidential prima-
  ry, to provide for the election  of  delegates  to  a  national  party
  convention  or a national party conference in 2016, and the "Presiden-
  tial" and local and  federal  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 expi-
  ration thereof

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

  Section  1.    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
days]  THREE MONTHS prior to the election at which such proposal, propo-
sition 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  2.  Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11652-02-5

              

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  S 4-110. Certification of primary election candidates; state board  of
elections.    The  state  board of elections not later than [thirty-six]
FIFTY-FOUR days before a primary election, shall certify to each  county
board of elections: The name and residence of each candidate to be voted
for  within  the  political  subdivision of such board for whom a desig-
nation has been filed with the state board; the title of the  office  or
position  for  which  the candidate is designated; the name of the party
upon whose primary ballot his name is to be placed;  and  the  order  in
which the names of the candidates are to be printed as determined by the
state  board.   Where an office or position is uncontested, such certif-
ication shall state such fact.
  S 3. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1.  The  state  board  of  elections,  not  later  than   [thirty-six]
FIFTY-FOUR  days before a general election, or fifty-three days before a
special election, shall certify to each county board  of  elections  the
name  and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
is a candidate; the emblem chosen to distinguish the candidates  of  the
party  or  body;  and  a notation as to whether or not any litigation is
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 4. Section 4-114 of the election law, as amended by chapter 4 of the
laws of 2011, is amended to read as follows:
  S 4-114. Determination of candidates and questions;  county  board  of
elections.  The  county  board of elections, not later than the [thirty-
fifth] FIFTY-THIRD day before the day of  a  primary  [or],  general  OR
SPECIAL  election,  [or  the fifty-third day before a special election,]
shall determine the candidates duly nominated for public office and  the
questions  that  shall  appear  on the ballot within the jurisdiction of
that board of elections.
  S 5. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 288 of the laws of 2009, is amended to read as follows:
  1. The board of elections, [between August first and August  fifth  of
each year] NOT LESS THAN FORTY DAYS NOR MORE THAN FORTY-FIVE DAYS BEFORE
THE  PRIMARY  ELECTION  IN  EACH YEAR, shall send by first class mail on
which is endorsed "ADDRESS CORRECTION REQUESTED" and  which  contains  a
request  that  any  such  mail  received for persons not residing at the
address be dropped back in the mail, a communication, in a form approved
by the state board of elections, to every registered voter who has  been
registered without a change of address since the beginning of such year,
except  that  the  board of elections shall not be required to send such
communications to voters in inactive  status.  The  communication  shall
notify the voter of the days and hours of the ensuing primary and gener-
al  elections, the place where he OR SHE appears by his OR HER registra-
tion records to be entitled to vote, the fact that voters who have moved
or will have moved from the address where they were last registered must
re-register or, that if such move was to another  address  in  the  same
county or city, that such voter may either notify the board of elections
of  his  OR HER new address or vote by paper ballot at the polling place
for his OR HER new address even if such voter has not re-registered,  or
otherwise  notified  the board of elections of the change of address. If
the location of the polling place for the voter's election district  has
been moved, the communication shall contain the following legend in bold

S. 5959                             3

type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
The communication shall also  indicate  whether  the  polling  place  is
accessible  to  physically disabled voters, that a voter who will be out
of the city or county on the day of the primary or general election or a
voter  who  is ill or physically disabled may obtain an absentee ballot,
that a physically disabled voter whose polling place is  not  accessible
may  request that his OR HER registration record be moved to an election
district which has a polling place which is accessible, the phone number
to call for applications to move a registration record or  for  absentee
ballot applications, the phone number to call for the location of regis-
tration  and  polling  places, the phone number to call to indicate that
the voter is willing to serve on election day as an election  inspector,
poll clerk, interpreter or in other capacities, the phone number to call
to obtain an application for registration by mail, and such other infor-
mation  concerning  the  elections  or  registration  as  the  board may
include. In lieu of  sending  such  communication  to  every  registered
voter,  the  board  of  elections  may  send a single communication to a
household containing more than one registered voter, provided  that  the
names  of all such voters appear as part of the address on such communi-
cation.
  S 6. Subdivision 1 of section 6-108 of the election law, as amended by
chapter 160 of the laws of 1996, is amended to read as follows:
  1. In any town in a county having a population of over  seven  hundred
fifty  thousand inhabitants, as shown by the latest federal decennial or
special population census, party  nominations  of  candidates  for  town
offices  shall  be  made  at  the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made  by
caucus  or  primary  election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the  party  candidates
for  town  offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by  the  members
of  the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule  shall
not  apply  to  nor  affect a primary held less than four months after a
certified copy of the rule shall have  been  filed  with  the  board  of
elections.  After  the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent  primary.
Such  a  caucus  shall  be  held  no earlier than the first day on which
designating petitions for the [fall] LOCAL AND FEDERAL primary  election
may be signed.
  S  7.  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 designation
in  more  than one group, whichever is later, specifies another 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

S. 5959                             4

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 8. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of the
election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434  of
the  laws of 1984, subdivision 6 as amended by chapter 79 of the laws of
1992, and subdivision 9 as amended by chapter 517 of the laws  of  1986,
are amended to read as follows:
  1.  A  designating petition shall be filed not earlier than the [tenth
Monday] THIRTEENTH FRIDAY before, and not later than the  [ninth  Thurs-
day] TWELFTH WEDNESDAY preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party  position  at a primary election shall be filed not later than the
[eighth Thursday] ELEVENTH WEDNESDAY  preceding  the  primary  election.
However,  where  a  designating  petition  has been filed and the person
named therein has declined such designation and another person has  been
designated  to  fill  the vacancy, then in that event, a petition for an
opportunity to ballot in a primary election shall  be  filed  not  later
than  the  [seventh  Thursday]  TENTH  WEDNESDAY  preceding such primary
election.
  5. A judicial district convention shall be held not earlier  than  the
[Tuesday  following  the  third  Monday]  FOURTH  TUESDAY in [September]
AUGUST preceding the general election and not  later  than  the  [fourth
Monday] FOURTH THURSDAY in [September] AUGUST preceding such election.
  6.  A certificate of a party nomination made other than at the primary
election for an office to be filled at the time of  a  general  election
shall  be  filed  not  later  than seven days after the [fall] LOCAL AND
FEDERAL 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 nomi-
nation of candidates for elector of president and vice-president of  the
United  States  shall  be  filed  not later than fourteen days after the
[fall] LOCAL AND FEDERAL 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]  FOURTEEN  weeks  and  not  later  than [eleven] THIRTEEN weeks
preceding such election. A petition for an independent nomination for an
office to be filled at a special election shall be filed not later  than
twelve days following the issuance of a proclamation of such election. A
petition  for  trustee of the Long Island Power Authority shall be filed
not earlier than seven weeks and not later than six weeks preceding  the
day of the election of such trustees.

S. 5959                             5

  11. A certificate of acceptance or declination of an independent nomi-
nation  for  an  office  to  be filled at the time of a general election
shall be filed not later than the third day after the  [eleventh]  THIR-
TEENTH Tuesday preceding such election except that a candidate who files
such a certificate of acceptance for an office for which there have been
filed  certificates or petitions designating more than one candidate for
the nomination of any party, may thereafter file a certificate of decli-
nation not later than the third day  after  the  primary  election.    A
certificate  of  acceptance  or declination of an independent nomination
for an office to be filled at a special  election  shall  be  filed  not
later  than  fourteen  days  following the issuance of a proclamation of
such election.
  12. A certificate to fill a vacancy caused  by  a  declination  of  an
independent  nomination  for  an  office  to  be filled at the time of a
general election shall be filed not later than the sixth day  after  the
[eleventh]  THIRTEENTH Tuesday preceding such election. A certificate to
fill a vacancy caused by a declination of an independent nomination  for
an  office  to  be filled at a special election shall be filed not later
than sixteen days following the  issuance  of  a  proclamation  of  such
election.
  14.  A vacancy occurring [before September twentieth of] NOT LESS THAN
THREE MONTHS BEFORE THE NEXT GENERAL ELECTION IN any year in any  office
authorized  to be filled at a general election, except in the offices of
governor, lieutenant-governor, or United States senator shall be  filled
at  the general election held next thereafter, unless otherwise provided
by the constitution, or unless previously filled at a special election.
  S 9. 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], TO BE KNOWN
AS  THE  LOCAL  AND FEDERAL PRIMARY, shall be held on the [first Tuesday
after the second Monday] THIRD  TUESDAY  in  [September]  AUGUST  before
every  general election unless otherwise changed by an act of the legis-
lature.  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 LOCAL AND FEDERAL PRIMA-
RY 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 LOCAL AND
FEDERAL PRIMARY. In [each] THE year TWO THOUSAND SIXTEEN 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]
PRESIDENTIAL  primary,  shall be held on [the first Tuesday in February]
APRIL TWENTY-SIXTH, TWO THOUSAND SIXTEEN, unless otherwise changed by an
act of the legislature, for the purpose of electing delegates OR  ALTER-
NATE  DELEGATES to the national convention[, members of state and county
committees and assembly district leaders and associate assembly district
leaders].
  S 10. Subdivision 1 of section 9-211 of the election law, as added  by
chapter 181 of the laws of 2005, is amended to read as follows:
  1.  Within  fifteen  days  after each general or special election, and
within [seven] FIFTEEN days after  every  primary  or  village  election
conducted  by the board of elections, the board of elections or a bipar-
tisan committee appointed by such board shall manually audit  the  voter
verifiable  audit  records  from  three  percent  of  voting machines or
systems within the  jurisdiction  of  such  board.  Voting  machines  or
systems shall be selected for audit through a random, manual process. At

S. 5959                             6

least  five days prior to the time fixed for such selection process, the
board of elections shall send notice by first class mail to each  candi-
date, political party and independent body entitled to have had watchers
present  at the polls in any election district in such board's jurisdic-
tion. Such notice shall state the time and place fixed for  such  random
selection  process.  The audit shall be conducted in the same manner, to
the extent applicable, as a canvass of paper  ballots.  Each  candidate,
political  party  or  independent  body  entitled to appoint watchers to
attend at a polling place shall be entitled to appoint  such  number  of
watchers to observe the audit.
  S 11. Paragraph (a) of subdivision 1 of section 10-108 of the election
law,  as amended by chapter 4 of the laws of 2011, is amended to read as
follows:
  (a) Ballots for military voters shall be mailed or otherwise  distrib-
uted  by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to  section  10-107  of
this  article,  as  soon  as practicable but in any event not later than
[thirty-two] FORTY-FIVE days before  a  primary  or  general  election[;
twenty-five  days  before],  a  New  York  city  community  school board
district or city of Buffalo school  district  election[;  fourteen  days
before],  OR a village election conducted by the board of elections; and
forty-five days before a special election. A voter who submits  a  mili-
tary ballot application shall be entitled to a military ballot thereaft-
er for each subsequent election through and including the next two regu-
larly scheduled general elections held in even numbered years, including
any  run-offs which may occur; provided, however, such application shall
not be valid for any election held within seven days after its  receipt.
Ballots  shall  also  be  mailed  to any qualified military voter who is
already registered and who requests such military ballot from such board
of elections in a letter, which is signed by the voter and  received  by
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  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 primary  [election  and  forty-five  days  before
each]  OR special election in which such applicant is qualified to vote,
or three days after receipt of such an application, whichever is  later,
mail  to  him  or her at the residence address outside the United States
shown in his or her application, a  special  federal  ballot,  an  inner
affirmation envelope and an outer envelope, or otherwise distribute same
to  the  voter  in  accordance with the preferred method of transmission

S. 5959                             7

designated by the voter pursuant to section 11-203 of  this  title.  The
board  of  elections shall also mail, or otherwise distribute in accord-
ance with the preferred method of transmission designated by  the  voter
pursuant  to  section  11-203 of this title, a special federal ballot to
every qualified special federal voter who is already registered and  who
requests  such  special federal ballot from such board of elections in a
letter, which is signed by the  voter  and  received  by  the  board  of
elections  not  later than the seventh day before the election for which
the ballot is first requested and which states  the  address  where  the
voter is registered and the address to which the ballot is to be mailed.
The board of elections shall enclose with such ballot a form of applica-
tion for a special federal ballot.
  S  13.  Subdivisions 1 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
read as follows:
  1.  A  vacancy occurring [before September twentieth of] NOT LESS THAN
THREE MONTHS BEFORE THE NEXT GENERAL ELECTION IN any year in any  office
authorized  to be filled at a general election, except in the offices of
governor or lieutenant-governor, shall be filled at the general election
held next thereafter, unless otherwise provided by the constitution,  or
unless previously filled at a special election.
  4.  A  special  election  shall  not  be held to fill a vacancy in the
office of a representative in congress unless such vacancy occurs on  or
before  the first day of July of the last year of the term of office, or
unless it occurs thereafter and a special session of congress is  called
to meet before the next general election, or be called after [September]
AUGUST  nineteenth  of such year; nor to fill a vacancy in the office of
state senator or in the office of member of assembly, unless the vacancy
occurs before the first day of April of the last year  of  the  term  of
office, or unless the vacancy occurs in either such office of senator or
member  of  assembly after such first day of April and a special session
of the legislature be called to meet between such first day of April and
the next general election or be called after  [September]  AUGUST  nine-
teenth  in  such year. If a special election to fill an office shall not
be held as required by law, the office  shall  be  filled  at  the  next
general election.
  S 14. 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
fifteen  or section sixteen 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  15.  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;

S. 5959                             8

  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  FEBRUARY
SIXTEENTH,  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
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-

S. 5959                             9

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
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-

S. 5959                            10

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 FEBRUARY TWENTY-THIRD, 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 MARCH THIRD, TWO THOUSAND SIXTEEN. 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 MARCH FOURTH, 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

S. 5959                            11

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
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 16. 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

S. 5959                            12

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
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

S. 5959                            13

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
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

S. 5959                            14

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
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 17. Section 6-158 of the election law is amended  by  adding  a  new
subdivision 1-a to read as follows:

S. 5959                            15

  1-A.  A DESIGNATING PETITION FOR A PRESIDENTIAL PRIMARY ELECTION SHALL
BE FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER  THAN
THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
  S  18.  Subdivision 6 of section 6-158 of the election law, as amended
by chapter 79 of the laws of 1992, is 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]  LOCAL  AND
FEDERAL 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  nomi-
nation  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 GENER-
AL  ELECTION, and except still further that a certificate of party nomi-
nation 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.
  S  19. 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  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  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-
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  20.  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  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.
  S 21. 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

S. 5959                            16

election conducted by the board of elections; and forty-five days before
a special election OR PRESIDENTIAL PRIMARY ELECTION. 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 scheduled general elections held in even  numbered  years,
including any run-offs which may occur; provided, however, such applica-
tion  shall  not  be valid for any election held within seven days after
its receipt. Ballots shall also be  mailed  to  any  qualified  military
voter  who  is  already registered and who requests such military ballot
from such board of elections in a letter, which is signed by  the  voter
and  received  by  the board of elections not later than the seventh day
before the election for which the ballot is requested and  which  states
the  address  where the voter is registered and the address to which the
ballot is to be mailed. The board of elections shall enclose  with  such
ballot  a  form  of  application  for  military ballot. In the case of a
primary election, the board shall deliver only the ballot of  the  party
with  which  the  military  voter  is enrolled according to the military
voter's registration records. In the event a primary election is  uncon-
tested  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  22. 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 days before  each
general  or  primary  election  and  forty-five days before each 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  other-
wise distribute same to the voter in accordance with the preferred meth-
od 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  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 23. 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 PRESIDENTIAL PRIMARY. FOR SUCH PRIMARY FILINGS OF
CERTIFICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS AND NOMINATIONS,  CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS, CERTIFICATES OF DISQUALI-
FICATION,  CERTIFICATES  OF  SUBSTITUTION FOR SUCH DESIGNATIONS OR NOMI-

S. 5959                            17

NATIONS, 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 POSTMARKED 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  24.  Subdivision 22 of section 1-104 of the election law is amended
to read as follows:
  22. The term "residence" shall be deemed to mean that  place  where  a
person  IS  DOMICILED UNDER THE TERMS OF THE NEW YORK STATE TAX LAW, AND
WHERE HE OR SHE maintains a fixed, permanent and principal home [and] to
which he OR SHE, wherever temporarily located, always intends to return.
  S 25. Subdivisions 3 and 6 of section 16-108 of the election  law  are
amended and a new subdivision 3-a is added to read as follows:
  3.  Such  court,  in  a  proceeding instituted by any voter unlawfully
denied the right to vote by the inspectors, shall, by order, direct that
he OR SHE be allowed to vote at his OR HER polling place and within  the
hours established by law.  Such order shall, where necessary, direct the
board  of  elections to complete the voter's registration and enrollment
records.
  3-A. SUCH COURT IN A PROCEEDING BY ANY  VOTER  CHALLENGING  A  VOTER'S
REGISTRATION,  OR  BY  A CANDIDATE CHALLENGING A VOTER'S REGISTRATION IN
THE COURSE OF A PROCEEDING PURSUANT TO THE TERMS OF THIS CHAPTER REVIEW-
ING THE CANVASS OR RECANVASS OF VOTES IN ANY ELECTION,  SHALL  DETERMINE
THE  VALIDITY  OF THE RESIDENCE CLAIMED BY ANY SUCH CHALLENGED VOTER WHO
HAS REGISTERED WITH A LOCAL BOARD OF ELECTIONS.
  6. For each primary,  special  and  general  election,  the  presiding
justice  of  the appellate division of the first [and], second [judicial
department shall, and the presiding justice of the appellate division of
the], third, and fourth judicial departments [may] SHALL assign  one  or
more  justices  of the supreme court to sit at such offices of the board
of elections and such other locations as may be designated to  hear  and
determine  all  cases arising under this chapter relating to eligibility
for voting of such election.
  S 26. 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 27. 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
after  July  1, 2015; provided further that sections eighteen, nineteen,
twenty, twenty-one, twenty-two and twenty-three of this act  shall  take
effect  December  15,  2015; and provided further, this act shall expire

S. 5959                            18

December 31, 2016 when upon such date the provisions of this  act  shall
be deemed repealed.