NY State Senate Bill 2015-S6762

Senate Bill S6762

2015-2016 Legislative Session

Relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2016	referred to elections

2015-S6762 (ACTIVE) - Details

See Assembly Version of this Bill:: A9126
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd El L, generally
Versions Introduced in 2017-2018 Legislative Session:: S1335, A3534

2015-S6762 (ACTIVE) - Summary

Relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions.

2015-S6762 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6762

 TITLE OF BILL :  An act to amend the election law, in relation to
vacancies for elective offices; to judicial proceedings for
designating or nominating petitions and to ballots for primary and
general elections

 PURPOSE :

The purpose of this bill is to ensure ballot accuracy and integrity by
providing Boards of Election, as well as candidates for office, time
to make appropriate adjustments to, and inspections of, the Election
Day ballot.

 SUMMARY OF PROVISIONS :

Section 1 and 2: amends § 6-150 of the election law to ensure adequate
time to remove the name of a deceased or disqualified candidate from a
general or primary election ballot.

Section 3: amends § 6-154 of the election law to require boards of
election to make a determination as it relates to challenges to
designating or opportunity to ballot petitions no later than 60 days
before a primary election and no later than 70 days before a general
election.

Section 4: amends § 7-116 of the election law to provide that
instances in which adjustments are made too late to completely change
the ballot shall not invalidate election results.

Section 5: amends § 7-122 of the election law to require any court
order or determination by the board altering absentee ballots to be
made at least 20 days prior to an election.

Section 6: amends subdivisions 1 and 2 of § 7-128 of the election law
to require, to the extent practical, sample and official ballots be
available for public inspection, 50 days prior to the election for
which the ballots have been prepared, and, require such ballots to be
available for a candidate to inspect no later than 46 days before such
election. This section additionally requires a written notice to be
sent to candidates notifying them of the time and place where they may
inspect the voting machines or systems to be used in such election, no
less than 20 days prior to such election.

Section 7: amends § 7-130 of the election law to reflect updated
language referencing to "voting systems".

Section 8: amends § 16-100 of the election law to require any final
court order including the resolution of any appeals pursuant to
16-102(4) and § 16104(4), to be made within the timeframe requirements
of those sections.

Section 9: amends § 16-102 of the election law to require the final
order of a resolution of any appeals to be made within 55 days of an
election to which the ballot is to be used.

Section 10: amends § 16-104 of election law to provide that a
proceeding by an aggrieved candidate must be instituted within 5 days
of the last date of inspection pursuant to § 7-128(2) of this chapter;
a proceeding relating to the wording of an abstract, or form of
submission of a proposed amendment, proposition or question must be
made within 7 days of last day to certify the wording of such
abstract;

Section 11: sets the effective date (immediately)

 JUSTIFICATION :

There currently exists in election law a number of deadlines relating
to the printing or inspection of ballots, Board of Elections
determinations, and the filing of objections and judicial proceedings
relating to the form of the ballot. Such deadlines are often
difficult, if not impossible for boards of election, candidates, or
courts to meet under State and Federal requirements. This can lead to
delays in the printing of ballots and/or the printing and distribution
of ballots with incorrect or disordered in formation.

This bill would address such delays by establishing more uniform and
organized deadlines relating to the printing of, inspection of, and
challenge of election ballots, ensuring the State Board of Elections
and/or County boards of election have the appropriate time to print
and distribute an accurate election ballot.

Additionally, in instances where it is too late to make complete
adjustments to the ballot in time for an election, this bill would
assure the integrity of such election results.

 LEGISLATIVE HISTORY :

A new bill.

 FISCAL IMPLICATIONS :

None to the state

 EFFECTIVE DATE :
Immediately.

2015-S6762 (ACTIVE) - Bill Text download pdf

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

                                  6762

                            I N  S E N A T E

                            February 18, 2016
                               ___________

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

AN ACT to amend the election law, in relation to vacancies for  elective
  offices;   to  judicial  proceedings  for  designating  or  nominating
  petitions and to ballots for primary and general elections

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

  Section  1.  Section  6-150  of the election law is amended to read as
follows:
  S 6-150. Nomination; vacancy  caused  by  death  or  disqualification,
unfilled  at  time  of  general  or special election. If a vacancy shall
occur in a nomination, caused by disqualification or death of the candi-
date subsequent to [noon of the Tuesday] THIRTY DAYS before a general or
special election and prior to the closing of the polls on such  election
day,  such  vacancy  shall  not  be  filled, and the votes cast for such
[deceased] candidate shall be canvassed and counted, and if  he  OR  SHE
shall  receive  a  plurality of the votes cast, a vacancy shall exist in
the office for which such nomination was made to be filled in the manner
provided by law for vacancies in office occurring  by  reason  of  death
after election.
  S  2.  Section 6-152 of the election law, as amended by chapter 234 of
the laws of 1976, is amended to read as follows:
  S 6-152. Vacancies caused by death or disqualification and unfilled at
time of primary election. If a vacancy shall occur in a designation of a
candidate for nomination or election at a primary  election,  caused  by
the  death or disqualification of a candidate subsequent to [noon of the
seventh day] THIRTY DAYS before the primary election and  prior  to  the
closing  of  the  polls,  such vacancy shall not be filled and the votes
cast for such [deceased or disqualified] candidate  shall  be  canvassed
and  counted,  and,  if he OR SHE shall receive a plurality of the votes
cast, another candidate may  thereafter  be  nominated  or  the  vacancy
filled as provided by law or the rules of the party.
  S  3.  Section  6-154  of  the election law is amended by adding a new
subdivision 4 to read as follows:

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

                                                           LBD13723-02-6

S. 6762                             2

  4. EACH BOARD OF ELECTIONS OR THE STATE BOARD OF ELECTIONS SHALL  MAKE
ANY  DETERMINATION  REQUIRED  BY  THIS  SECTION NO LATER THAN SIXTY DAYS
BEFORE THE PRIMARY ELECTION IN THE CASE OF CHALLENGES TO DESIGNATING  OR
OPPORTUNITY  TO  BALLOT  PETITIONS AND NO LATER THAN SEVENTY DAYS BEFORE
THE  GENERAL  ELECTION IN THE CASE OF CHALLENGES TO NOMINATING PETITIONS
AND CERTIFICATES OF DESIGNATION OR NOMINATION.
  S 4. Section 7-116 of the election law is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  IN CASES WHERE A NAME IS ADDED TO OR REMOVED FROM THE COUNTY BOARD
OF ELECTIONS' OFFICIAL BALLOT TOO LATE TO MAKE A COMPLETE ADJUSTMENT  TO
THESE  REQUIREMENTS  FEASIBLE,  THE  NAME MAY BE ADDED AT THE END OF THE
LIST OF CANDIDATES IN ALL ELECTION DISTRICTS, OR REMOVED FROM THE BALLOT
IN ALL ELECTION DISTRICTS WITHOUT CHANGING THE PREVIOUSLY ARRANGED ORDER
OF OTHER NAMES AND WITHOUT INVALIDATING THE  ELECTION.  ANY  INADVERTENT
ERROR  IN THE ORDER OF NAMES DISCOVERED TOO LATE TO CORRECT THE ORDER OF
THE NAMES ON THE BALLOTS CONCERNED SHALL NOT INVALIDATE AN ELECTION.
  EXCEPT WHERE A CONTEST OR CANDIDATE IS  REMOVED  FROM  THE  BALLOT  BY
COURT  ORDER  TOO  LATE  TO  MAKE  COMPLETE COMPLIANCE WITH THIS SECTION
FEASIBLE, THE TITLE OF EACH PUBLIC OFFICE  OR  PARTY  POSITION  AND  THE
NAMES  OF  THE  CANDIDATES  FOR SUCH OFFICE OR POSITION APPEARING ON ANY
BALLOT USED FOR ELECTIONS OVER WHICH THE COUNTY BOARD OF  ELECTIONS  HAS
JURISDICTION  SHALL  APPEAR  ON  SUCH BALLOT IMMEDIATELY ADJACENT TO ONE
ANOTHER, EITHER HORIZONTALLY OR VERTICALLY; AND NO  BLANK  SPACES  SHALL
SEPARATE THE NAMES OF CANDIDATES ACTUALLY RUNNING FOR AN OFFICE OR PARTY
POSITION ON SUCH BALLOT, AND NO BLANK SPACES SHALL SEPARATE ANY TWO SUCH
OFFICES  OR  POSITIONS WHICH APPEAR ON SUCH BALLOT IN THE SAME COLUMN OR
ROW.
  S 5. Subdivision 3 of section 7-122 of the election law, as amended by
chapter 165 of the laws of 2010, is amended to read as follows:
  3. The determination of the appropriate county board of  elections  as
to  the  candidates  duly  designated  or nominated for public office or
party position whose name shall appear on the absentee ballot and as  to
ballot  proposals  to  be  voted  on shall be made no later than the day
after the state board of elections issues  its  certification  of  those
candidates  to be voted for at the general, special or primary election.
The determinations of the state board of elections  and  the  respective
county boards of elections shall be final and conclusive with respect to
such  offices  for  which  petitions  or certificates are required to be
filed with such boards, as the case may be but nothing herein  contained
shall prevent a board of elections, or a court of competent jurisdiction
from  determining  at  a  later date that any such certification, desig-
nation or nomination is invalid and, in the event of such later determi-
nation, no vote cast for any such nominee by any voter shall be  counted
at  the  election.    ANY  ORDER OF A COURT OF COMPETENT JURISDICTION OR
DETERMINATION BY THE BOARD OF ELECTIONS CHANGING THE BALLOT AS PREVIOUS-
LY DETERMINED BY  THE  BOARD  OF  ELECTIONS  MUST  BE  MADE  AND,  WHERE
REQUIRED,  ENTERED AT LEAST TWENTY DAYS PRIOR TO THE ELECTION. THE ORDER
OF A COURT OF COMPETENT JURISDICTION OR  DETERMINATION  OF  A  BOARD  OF
ELECTIONS  TO  ADD A NAME OR BALLOT PROPOSAL TO THE BALLOT SHALL REQUIRE
THAT ONLY THOSE VOTERS WHO HAVE NOT BEEN SENT ABSENTEE BALLOTS PRIOR  TO
SUCH  CHANGE  SHALL BE SENT BALLOTS WHICH REFLECT SUCH ADDITION OR ADDI-
TIONS UNLESS THE COURT SPECIFICALLY OTHERWISE ORDERS.
  S 6. Subdivisions 1 and 2 of section 7-128 of  the  election  law  are
amended to read as follows:
  1.  Each  officer or board charged with the duty of providing official
ballots for an  election  shall  have  sample  ballots  open  to  public

S. 6762                             3

inspection  [five]  FIFTY  days,  EXCEPT  IN  THE  CASE OF EXTRAORDINARY
CIRCUMSTANCES IN WHICH CASE ON THE EARLIEST DAY PRACTICABLE, before  the
election  for  which  [they were] THE BALLOTS HAVE BEEN prepared and the
official  ballots  open  to such inspection [four] FIFTY days, EXCEPT IN
THE CASE OF EXTRAORDINARY CIRCUMSTANCES IN WHICH CASE  ON  THE  EARLIEST
DAY  PRACTICABLE,  before such election except that the sample and offi-
cial ballots for a village election held at  a  different  time  from  a
general  election  shall  be open to public inspection at least two days
before such election. During the times within which the ballots are open
for inspection, such officer or board shall deliver to each voter apply-
ing therefor a sample of the ballot which he OR SHE is entitled to vote.
  2. Each officer or board charged with the duty of preparing ballots to
be used [on] WITH voting machines in any election shall:
  A. give written notice, by first class mail, to all candidates, except
candidates for member of the county committee, who are lawfully entitled
to have their names appear thereon, of the  time  when,  and  the  place
where,  they  may  inspect  the [voting machines] BALLOTS to be used for
such election. The candidates or their  designated  representatives  may
appear  at  the  time and place specified in such notice to inspect such
[machines] BALLOTS, provided, however, that the time so specified  shall
[be  not less than two] OCCUR NO LATER THAN FORTY-SIX days [prior to the
date of] BEFORE the election AT WHICH THE  BALLOTS  WILL  BE  USED.    A
candidate,  whose  name appears on the ballot [for an election district]
or his OR HER designated representative, may, in  the  presence  of  the
election  officer  attending  the  [voting  machine] BALLOT, inspect the
[face of the machine] BALLOT to see that his OR HER ballot [label] POSI-
TION is in its proper place[, but at no time during the inspection shall
the booth be closed] OR PLACES.
  B. GIVE WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT
CANDIDATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED
TO HAVE THEIR NAMES APPEAR THEREON, OF THE  TIME  WHEN,  AND  THE  PLACE
WHERE,  THEY  MAY  INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR
SUCH ELECTION. THE CANDIDATES OR THEIR  DESIGNATED  REPRESENTATIVES  MAY
APPEAR  AT  THE  TIME  AND  PLACE  SPECIFIED  IN SUCH NOTICE TO VIEW THE
CONDUCT OF THE LOGIC AND ACCURACY TESTING REQUIRED TO  BE  PERFORMED  ON
SUCH  VOTING  MACHINES  OR  SYSTEMS,  PROVIDED HOWEVER, THAT THE TIME SO
SPECIFIED SHALL BE NOT LESS THAN TWENTY DAYS PRIOR TO THE  DATE  OF  THE
ELECTION.
  S 7. Section 7-130 of the election law is amended to read as follows:
  S  7-130.  Ballots;  examination  by  voters and instruction in use of
voting machines OR SYSTEMS.  One or more voting  machines  [which  shall
contain  the  ballot  labels] OR SYSTEMS ON WHICH BALLOTS SHALL BE CAST,
showing the party [emblems]  NAMES  and  [title]  TITLES  of  [officers]
OFFICES  to  be voted for, and which shall so far as practicable contain
the names of the candidates to be voted for, shall be placed  on  public
exhibition  in some suitable place by the board of elections, [in charge
of competent instructors,] for at least three  days  during  the  thirty
days next preceding an election. No voting machine OR SYSTEM which is to
be  assigned for use in an election shall be used for such purpose after
having been prepared and sealed for the  election.  During  such  public
exhibition,  the  counting  mechanism  of the machine OR SYSTEM shall be
concealed from view and the doors, IF ANY,  may  be  temporarily  opened
only  when authorized by the board or official having charge and control
of the election. Any voter shall be allowed to examine such  machine  OR
SYSTEM, and upon request shall be instructed in its use.

S. 6762                             4

  S  8.  Section  16-100  of the election law is amended by adding a new
subdivision 3 to read as follows:
  3.  IN  VIEW  OF  THE TIME REQUIRED FOR BOARDS OF ELECTIONS TO REPRINT
BALLOTS AND TO CONDUCT LOGIC AND ACCURACY TESTING REQUIRED BY TITLE  TWO
OF  ARTICLE  SEVEN OF THIS CHAPTER AND REGULATIONS OF THE STATE BOARD OF
ELECTIONS, NO COURT SHALL, EXCEPT IN EXTRAORDINARY CIRCUMSTANCES,  ENTER
A FINAL ORDER INCLUDING THE RESOLUTION OF ANY APPEALS ISSUED PURSUANT TO
SUBDIVISION  FOUR  OF SECTION 16-102 OF THIS ARTICLE OR SUBDIVISION FOUR
OF SECTION 16-104 OF THIS ARTICLE UNLESS  SUCH  ORDER  OR  DETERMINATION
SHALL  BE  MADE IN CONFORMANCE WITH THE TIME FRAME REQUIREMENTS OF THOSE
SECTIONS.
  S 9. Subdivision 4 of section 16-102 of the election law, as added  by
chapter 135 of the laws of 1986, is amended to read as follows:
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the  names  of  candidates  on  ballots  or  voting
[machines]  SYSTEMS  shall,  EXCEPT  IN  EXTRAORDINARY CIRCUMSTANCES, be
made[, if possible,] at least [five weeks] FIFTY-FIVE  DAYS  before  the
day  of  the election at which such ballots or voting [machines] SYSTEMS
are to be used, or if such proceeding is commenced within  [five  weeks]
FIFTY-FIVE  DAYS  of  such election, no later than the day following the
day on which the case is heard.
  S 10. Subdivisions 1, 3 and 4 of section 16-104 of the  election  law,
subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
read as follows:
  1.  The form and content of any ballot, or portion thereof, to be used
in an election, and the right to use any emblem design, color, party  or
independent  body  name,  may be contested in a proceeding instituted in
the supreme court by any aggrieved candidate or by the chairman  of  any
party  committee  or  independent  body.   A PROCEEDING PURSUANT TO THIS
SUBDIVISION MUST BE INSTITUTED WITHIN FIVE DAYS OF THE LAST DATE OF  THE
INSPECTION  OF  THE BALLOT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION 2 OF
SECTION 7-128 OF THIS CHAPTER.
  3. A proceeding pursuant to subdivision two of this  section  must  be
instituted  within  [fourteen]  SEVEN days after the last day to certify
the wording of any such abstract or form of submission.
  4. A final order INCLUDING  THE  RESOLUTION  OF  ANY  APPEALS  in  any
proceeding  involving  the  contents  of  official ballots TO BE USED on
[voting machines] BALLOT SCANNERS shall, EXCEPT IN EXTRAORDINARY CIRCUM-
STANCES, be made[, if possible,] at least [five weeks] TWENTY-FIVE  DAYS
before  the  day  of the election at which such [voting machines] BALLOT
SCANNERS are to be used[, or if such proceeding is commenced within five
weeks of an election, no later than the day following the day  on  which
the case is heard].
  S 11. This act shall take effect immediately.

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