S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10525
 
                           I N  A S S E M B L Y
 
                                May 4, 2018
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Election Law
 
 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:
   §  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.
   § 2. Section 6-152 of the election law, as amended by chapter  234  of
 the laws of 1976, is amended to read as follows:
   § 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.
   § 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.
                                                            LBD15675-01-8

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   4. EACH BOARD OF ELECTIONS OR THE STATE BOARD OF ELECTIONS AS APPLICA-
 BLE  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.
   §  4.  Section  7-116  of  the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. IN CASES WHERE A NAME IS ADDED TO OR REMOVED FROM THE COUNTY  BOARD
 OF  ELECTIONS' OFFICIAL BALLOT TOO LATE TO MAKE A COMPLETE COMPLIANCE TO
 THESE REQUIREMENTS FEASIBLE, THE NAME MAY BE ADDED AT THE END OF THE ROW
 OR COLUMN 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.
   § 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.
   § 6. Subdivisions 1 and 2 of section 7-128 of  the  election  law  are
 amended to read as follows:

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   1.  Each  officer or board charged with the duty of providing official
 ballots for an  election  shall  have  sample  ballots  open  to  public
 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.
   § 7. Section 7-130 of the election law is amended to read as follows:
   § 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

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 of  the  election. Any voter shall be allowed to examine such machine OR
 SYSTEM, and upon request shall be instructed in its use.
   §  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.
   §  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.
   §  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 TWO 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].
   § 11. This act shall take effect immediately.