NY State Senate Bill S3562A

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2018	print number 3562a
Mar 21, 2018	amend (t) and recommit to veterans, homeland security and military affairs
Jan 03, 2018	referred to veterans, homeland security and military affairs
Mar 13, 2017	notice of committee consideration - requested
Jan 24, 2017	referred to veterans, homeland security and military affairs

Bill Amendments

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S3562 - Details

See Assembly Version of this Bill:: A9925
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6204
2015-2016: S6452
2019-2020: S1103, A779

S3562 - Summary

Relates to primary elections and amends certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas; relates to filling vacancies in elective offices; relates to the date of primary elections.

S3562 - Sponsor Memo

 BILL NUMBER:  S3562

 TITLE OF BILL :  An act to amend the election law, in relation to
primary elections and amending certain deadlines to facilitate the
timely transmission of ballots to military voters stationed overseas;
to amend the public officers law, in relation to filling vacancies in
elective offices; to amend the election law, in relation to date of
primary elections; to amend the election law, in relation to canvass
and audit of returns; and to amend chapter 87 of the laws of 2015
relating to the conducting of the presidential primary, in relation to
making certain provisions permanent

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to ensure that New York State's election
law complies with the federal Military and Overseas Voter Empowerment
(MOVE) Act.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends § 1-106(1) of the election law to provide
that all certificates and petitions of designation, certificates of
acceptance or declination of such designations, certificates of
authorization for such designations, certificates of disqualification,
certificates of substitution for such designations and objections and
specifications of objections to such certificates and petitions

required to be filed with the state board of elections or a board of
elections outside of the City of New York shall be deemed timely filed
and accepted for filing if sent by mail or overnight delivery service
and received no later than two business days after the last day to
file such certificates, petitions, objections or specifications.
Failure of the post office or person to deliver such petition,
certificate, or objection shall be a fatal defect.

Section 2 of the bill amends § 4-104(1) of the election law to specify
that polling places must be designated by March 15th each year which
is a month and a half earlier than the current May 1st deadline.

Section 3 of the bill amends § 4-106(1)&(2) of the election law to set
February 1 in each year as the deadline for the SBOE to transmit to
each county a certificate stating each state and federal office to be
voted upon in such general election. Section 3 further sets February 1
as the date that county boards of election must transmit a certificate
containing complimentary information for local offices to the SBOE.

Section 4 of the bill amends § 4-108(1)(b) of the election law to
provide that the certified text of any proposal, proposition, or
referendum that is to be submitted to a vote of the people of a
county, city, town, village, or special district at an election to be
conducted by the board of elections shall be submitted to such board
by the clerk of such political subdivision 3 months prior to the
election at which such proposal is to be voted upon.

Section 5 of the bill amends § 4-110 of the election law to provide
that the state board of elections shall certify to each county board
of elections 55 days before a primary election the name, residence,
title of office, name of party, and ballot order of each candidate to
be voted for, within such county, who have filed a designation with
the state board of elections.

Section 6 of the bill amends § 4-112(1) of the election law to provide
that the state board of elections shall certify to each county board
of elections 55 days before a general elections the name and residence
of each candidate nominated via certificate filed with the state board
or primary election canvassed by the state board, the title of office,

name of party, the party emblem, as well as a notation as to whether
any litigation is pending.

Section 7 of the bill amends § 4-114 of the election law to provide
that county boards of 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 election not later
than 54 days before a primary or general election. The 53-day period
was previously applied to special elections in chapter 4 of the laws
of 2011.

Section 8 of the bill amends § 4-117(1) of the election law to provide
that a "mail check card" be mailed by the local board of elections not
less than sixty-five days nor more than seventy days before the
primary election each year to notify active registered voters of the
days and hours of primary and general elections, polling places, other
information informing voters of residency issues regarding voting,
information regarding the accessibility of polling places, and other
information useful to voters interested in participating in election
day operations.

Section 9 of the bill amends § 5-604(1) of the election law to provide
that local boards of election shall publish updated enrollment lists
before Febi.'uary 1 each year.

Section 10 of the bill amends § 5-708(5) of the election law to
specify that at least once each year during the month of February,
each board of elections shall obtain through the National Change of
Address system, the forwarding address for every voter registered with
such board of elections and the names of those voters who have moved
and not left a forwarding address with the LISPS.

Section 11 of the bill amends § 6-108(1) of the election law to remove
a reference to a "fall" primary and replaces it with a reference to
"the primary."

Section 12 of the bill amends § 6-147(1) and (2) of the election law
to provide that duly acknowledged certificates relating to grouping of
candidates, candidates running for party positions with a group, or
self-assignation of an election district by or running alone in
multiple election districts shall be filed with the board of elections
not later than the tenth Tuesday preceding the primary election.

Section 13 of the bill amends § 6-158(1), (4-6), (9), (11&12) and (14)
of the election law to provide that:

*Designating petitions be filed between the thirteenth Monday and the
twelfth Thursday preceding a primary election.

*Opportunity to ballot petitions shall be filed not later than the
eleventh Thursday preceding the primary election. Except in the case
of a substitution of a designated person, that an opportunity to
ballot petition may be filed not later than the tenth Thursday
preceding such primary.

*A judicial district convention shall be held not earlier than the
Thursday following the first Monday in August preceding the general
election and not later than six days thereafter.

*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 30 days after the primary, 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 30 days after the primary election or ten days after the creation
of the vacancy whichever is later. *Certificates of party nomination
of candidates for elector of president and vice-president of the
United States shall be filed not later than 76 days after the primary.

*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 24
weeks and not later than 23 weeks preceding such election.

*Certificates of acceptance or declination of an independent
nomination for an office to be filled at the general election shall be
filed not later than the third day after the twenty-third Tuesday
preceding such election.

*A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general election shall be filed not later than the sixth day after the
twenty-third Tuesday preceding such election.

*A vacancy occurring three months before general election in any year
in any office authorized to be filled at a general election, except in
the officers 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.

Section 14 of the bill amends § 8-100(1) of the election law to
provide that a primary election shall be held on the fourth Tuesday in
June before every general election unless otherwise changed by an act
of the legislature. This section also makes it clear that all
nominations for public office required to be made at a primary
election in such year shall be made at such primary and that all
members of state and local party committees as well as other party
offices shall be elected at such primary.

Section 15 of the bill amends § 9-200 of the election law to provide
that it shall canvass first votes of the delegates and alternate
judicial district conventions within thirteen days from the date of
the primary.

Section 16 amends section 9-208 to provide that within twenty days
after a primary election that a record be made of the serial number of
each scanner and a recanvass of election returns shall occur within 20
days after each primary, general, or special election.

Section 17 of the bill amends § 9-211 of the election law to provide
that a verifiable audit of three-percent of the voting systems occur
15 days after each general and special election, 13 days after the
primary and 7 days after every village election.

Section 18 of the bill amends § 10-108(1)(a) provides that ballots for
military voters be mailed by the board of elections as soon as
practicable but no later than forty-five days before a primary or
general election.

Section 19 of the bill amends § 11-204(4) of the election law to
provide that ballots for overseas voters are sent out 46 days before a
primary or general election. The 45-day period was previously applied
to special elections in chapter 4 of the laws of 2011.

Section 20 of the bill amends § 16-102(4) of the election law to adds
resolution of any appeals to the requirement that a final order be
entered in any proceeding involving the names of candidates on ballots
or voting machines shall be made, if possible, at least five weeks
before the day of the election in which such ballots or machines are
to be used.


Section 21 of the bill amends § 16-104(3) and (4) of the election law
to provide that proceedings as to the wording of the abstract or form
of submissions of any proposed amendment, proposition, or question may
be contested in a proceeding instituted by any personal eligible to
vote on such amendment, proposition, or question within seven days
after the last day to certify the wording of any such abstract or form
of submission. Further this section specifies that a final order,
including the resolution of any appeals, in any proceeding involving
the contents of official ballots on voting machines shall be made, if
possible, at least five weeks before the day if the election at which
such voting machines are to be used, or if such proceeding is
commenced within five weeks of an election, no later than the day
following the day on which the case is heard.

Section 22 of the bill amends § 42(1) and (2) of the public officers
law to provide that a vacancy occurring three months before general
election in any year in any office authorized to be filled at a
general election, except in the officers 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.
This three-month cut-off date is also inserted into the appropriate
parts of subdivision two of section 42 of the Public Officer's Law.

Section 23 and 24 of the bill is the effective date.  sk 1
 JUSTIFICATION :

In 2009, President Barack Obama signed into law the Military Overseas
Voter Empowerment (MOVE) Act. The MOVE Act was an amendment that
expanded the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA) of 1986. UOCAVA required states and territories to allow
members of the U.S. Uniformed Services and merchant marine, their
family members, and U.S. citizens residing outside the United States
to register and vote absentee in elections for federal offices.

The MOVE Act was designed to provide greater protections of the voting
rights of military personnel, their families, and other overseas
citizens. Among other provisions, the MOVE Act requires states to
transmit validly-requested absentee ballots to UOCAVA voters no later
than 45 days before a federal election, when the request has been
received by that date, except where the state has been granted an
undue hardship waiver approved by the Department of Defense for that
election. New York State was granted such a waiver in 2010.

New York State's election law as currently written regarding military
and overseas voters is not compliant with the 45-day requirement
codified in the MOVE Act. In addition, the overall structure of the
deadlines and due dates in New York State election law mean that that
changing the time-frame in which military and overseas ballots must be
mailed necessitates various changes to numerous interdependent
sections of the election law, culminating in moving the primary date.

U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the
case of The United States of America v. State of New York The United
States of America v. State of New York, already set the date for the
federal, non-presidential primary for the fourth Tuesday in June for
2012.

The benefits of merging the federal non-presidential and state
primaries are threefold: such a merger will ensure that military
personnel and New Yorkers living abroad an opportunity to vote, it
will prevent New Yorkers from having to go out and vote in three
separate primaries in 2012, and it also will save New York State
approximately $50,000,000.


New York State's primary was held in June until 1974 when it was
changed to its current date of the first Tuesday after the second
Monday in September.

 PRIOR LEGISLATIVE HISTORY :

2016 - S6452A Died in Veterans - A9108 Cusick - Passed
2014: A.8198 (Silver)- Passed the Assembly.
2014: S.6204 2/28/14 Notice for committee consideration filed 5/5/14
Defeated in Elections
2013: S6204 (Stewart-Cousins)/A8198 (Silver) Referred to Elections

 FISCAL IMPLICATION :

Savings of approximately $50,000,000

 EFFECTIVE DATE :
This bill shall take effect immediately.

S3562 - Bill Text download pdf


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

                                  3562

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced  by  Sens. STEWART-COUSINS, ADDABBO, COMRIE, DILAN, GIANARIS,
  HOYLMAN, KRUEGER, LATIMER, PERSAUD, SQUADRON, STAVISKY --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on Veterans, Homeland Security and Military Affairs

AN  ACT  to amend the election law, in relation to primary elections and
  amending certain deadlines to facilitate the  timely  transmission  of
  ballots  to  military  voters  stationed overseas; to amend the public
  officers law, in relation to filling vacancies in elective offices; to
  amend the election law, in relation to date of primary  elections;  to
  amend  the  election law, in relation to canvass and audit of returns;
  and to amend chapter 87 of the laws of 2015 relating to the conducting
  of the presidential primary, in relation to making certain  provisions
  permanent

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

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

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

                                                           LBD02774-02-7

S. 3562                             2

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

S. 3562                             3

  § 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision  2  as amended by chapter 635 of the laws of 1990, are amended to
read as follows:
  1.  The  state board of elections shall, [at least eight months before
each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election,  make  and
transmit to the board of elections of each county, a certificate stating
each  office,  except county, city, village and town offices to be voted
for at such election in such county.
  2. Each county, city, village and town clerk, [at least  eight  months
before  each]  BY  FEBRUARY  FIRST IN THE YEAR OF EACH general election,
shall make and transmit to the board of elections a certificate  stating
each  county, city, village or town office, respectively to be voted for
at each such election. Each village clerk, at least five  months  before
each general village election conducted by the board of elections, shall
make,  and  transmit  to  such board, a certificate stating each village
office to be filled at such election.
  § 4.  Paragraph b of subdivision 1 of section 4-108  of  the  election
law,  as  amended by chapter 117 of the laws of 1985, is amended to read
as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people  of  a  county,  city,  town,
village  or  special  district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition or referendum is to be submitted,  shall  transmit  to  each
board of elections a certified copy of the text of such proposal, propo-
sition  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.
  §  5.  Section  4-110 of the election law, as amended by chapter 87 of
the laws of 2015, is amended to read as follows:
  § 4-110. Certification of primary election candidates; state board  of
elections.  The  state  board  of elections, not later than [thirty-six]
FIFTY-FIVE 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  political  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 OR HER 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  certification
shall state such fact.
  § 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1.  The  state  board of elections, not later than [thirty-six] FIFTY-
FIVE days before a  general  election,  or  fifty-three  days  before  a
special  election,  shall  certify to each county board of elections the
name and residence of each candidate nominated in any valid  certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR  SHE  is a candidate; the emblem chosen to distinguish the candidates
of the party or body; and a notation as to whether or not any litigation
is pending concerning the candidacy. Upon the  completion  of  any  such
litigation,  the  state  board  of  elections shall forthwith notify the

S. 3562                             4

appropriate county boards of elections of  the  results  of  such  liti-
gation.
  §  7.  Section  4-114 of the election law, as amended by chapter 87 of
the laws of 2015, is amended to read as follows:
  § 4-114. Determination of candidates and questions;  county  board  of
elections.  The  county  board of elections, not later than the [thirty-
fifth] FIFTY-FOURTH 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.
  § 8. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 44 of the laws of 2016, is amended to read as follows:
  1. The board of elections, [between August first and August  fifth  of
each  year]  NOT  LESS  THAN  SIXTY-FIVE DAYS NOR MORE THAN SEVENTY DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by mail on which is
endorsed such language designated by the state  board  of  elections  to
ensure  postal authorities do not forward such mail but return it to the
board of elections with forwarding information, when it cannot be deliv-
ered as addressed 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 general elections, the
place where he OR SHE appears by his OR HER registration 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 noti-
fied the board of elections of the change of address. If the location of
the  polling place for the voter's election district has been moved, the
communication shall contain the following legend  in  bold  type:  "YOUR
POLLING  PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".  The commu-
nication 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 phys-
ically 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  registration
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  informa-
tion  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 communication.

S. 3562                             5

  § 9. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:
  1.  The  board  of elections shall also cause to be published for each
election district a complete list  of  the  registered  voters  of  each
election  district.  Such  list  shall,  in  addition to the information
required for registration lists, include the party  enrollment  of  each
voter.  At  least  as  many copies of such list shall be prepared as the
required minimum number of registration lists.
  Lists for all the election districts in a ward  or  assembly  district
may  be  bound together in one volume. The board of elections shall also
cause to be published a complete list of names and  residence  addresses
of  the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The  names
for each town and city may be arranged according to street and number or
alphabetically.  Such  lists  shall be published before the first day of
[April] FEBRUARY.  The board shall keep at least five copies for  public
inspection  at  each  main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost  of
publication.
  §  10.  Paragraph  a of subdivision 5 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read  as
follows:
  a.  At  least  once each year during the month of [May] FEBRUARY, each
board of elections shall obtain through the National Change  of  Address
System,  the  forwarding  address  for  every voter registered with such
board of elections for whom the United States Postal Service has such  a
forwarding  address  together  with the name of each such voter whom the
Postal Service records indicate has moved from the address at  which  he
is registered without leaving a forwarding address.
  §  11.  Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
  1. In any town in a county having a population of over  seven  hundred
fifty  thousand inhabitants, as shown by the latest federal decennial or
special population census, party  nominations  of  candidates  for  town
offices  shall  be  made  at  the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made  by
caucus  or  primary  election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the  party  candidates
for  town  offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by  the  members
of  the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule  shall
not  apply  to  nor  affect a primary held less than four months after a
certified copy of the rule shall have  been  filed  with  the  board  of
elections.  After  the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent  primary.
Such  a  caucus  shall  be  held  no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
  § 12. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
amended  by  chapter  434  of  the  laws of 1984, are amended to read as
follows:
  1. The name of a person designated on more  than  one  petition  as  a
candidate for a party position to be filled by two or more persons shall
be  printed on the ballot with the group of candidates designated by the

S. 3562                             6

petition first filed unless such person, in a certificate duly  acknowl-
edged by him OR HER and filed with the board of elections not later than
the  [eighth]  TENTH Tuesday preceding the primary election or five days
after  the  board  of  elections  mails such person notice of his OR HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
  2. A person designated as a candidate for the position  of  member  of
the  county committee in more than one election district shall be deemed
to have been designated in the lowest numbered election district  unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with  the  board  of elections not later than the [eighth] TENTH Tuesday
preceding the primary election or five days after the board of elections
mails such person notice of his OR HER  designation  in  more  than  one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  §  13.  Subdivisions  1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of
the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
of the laws of 1984, subdivision 6 as amended by chapter 87 of the  laws
of  2015,  and  subdivision  9  as amended by chapter 517 of the laws of
1986, are amended to read as follows:
  1. A designating petition shall be filed not earlier than the  [tenth]
THIRTEENTH  Monday before, and not later than the [ninth] TWELFTH Thurs-
day preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later  than  the
[eighth]  ELEVENTH  Thursday  preceding  the  primary election. However,
where a designating petition has been filed and the person named therein
has declined such designation and another person has been designated  to
fill  the  vacancy, then in that event, a petition for an opportunity to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
  5. A judicial district convention shall be held not earlier  than  the
[Tuesday]  THURSDAY  following  the  [third  Monday  in September] FIRST
MONDAY IN AUGUST preceding the general election and not later than  [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
  6.  (A)  A  certificate  of  a party nomination made other than at the
primary election for an office to be filled at the  time  of  a  general
election  shall  be  filed  not later than [seven] THIRTY days after the
[fall] primary election, (B) except that a certificate of nomination for
an office which becomes vacant after  the  seventh  day  preceding  such
primary  election  shall  be filed not later than [fourteen] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a  certificate  of
party  nomination of candidates for elector of president and vice-presi-
dent of the United States shall be filed not later than  [sixty]  SEVEN-
TY-SIX  days  [before  the  two thousand sixteen general] AFTER THE FALL
PRIMARY election, and (D) 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.

S. 3562                             7

  9. A petition for an independent nomination for an office to be filled
at  the  time  of  a  general  election  shall be filed not earlier than
[twelve] TWENTY-FOUR weeks and  not  later  than  [eleven]  TWENTY-THREE
weeks  preceding such election. A petition for an independent nomination
for  an  office  to  be  filled at a special election shall be filed not
later than twelve days following the issuance of a proclamation of  such
election.  [A  petition  for  trustee of the Long Island Power Authority
shall be filed not earlier than seven weeks and not later than six weeks
preceding the day of the election of such trustees.]
  11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the  time  of  a  general  election
shall  be  filed not later than the third day after the [eleventh] TWEN-
TY-THIRD Tuesday preceding such election except  that  a  candidate  who
files  such  a  certificate  of acceptance for an office for which there
have been filed certificates or  petitions  designating  more  than  one
candidate for the nomination of any party, may thereafter file a certif-
icate  of  declination  not  later  than the third day after the primary
election.  A certificate of acceptance or declination of an  independent
nomination  for  an  office  to be filled at a special election shall be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
  12. A certificate to fill a vacancy caused  by  a  declination  of  an
independent  nomination  for  an  office  to  be filled at the time of a
general election shall be filed not later than the sixth day  after  the
[eleventh]  TWENTY-THIRD  Tuesday preceding such election. A certificate
to fill a vacancy caused by a declination of an  independent  nomination
for  an  office  to  be  filled at a special election shall be filed not
later than sixteen days following the issuance of a proclamation of such
election.
  14. A vacancy occurring THREE MONTHS before [September  twentieth  of]
THE  GENERAL  ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices  of  governor,  lieutenant-
governor,  or  United  States  senator  shall  be  filled at the general
election held next thereafter, unless otherwise provided by the  consti-
tution, or unless previously filled at a special election.
  §  14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 87 of the laws of 2015, is amended to read as
follows:
  (a) A primary election[, to be known as the fall  primary,]  shall  be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber]  JUNE  before every general election unless otherwise changed by an
act of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES  AND
ASSEMBLY  DISTRICT  LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY  AND  ALL
NOMINATIONS  FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which  elec-
tors  of  president  and  vice  president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first  Tuesday  in  February  unless  otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  §  15.  Subdivision 1 of section 9-200 of the election law, as amended
by chapter 250 of the laws of 1984, is amended to read as follows:
  1. The board  of  elections  shall  canvass  the  returns  of  primary
elections  filed with it. It shall canvass first the votes of the deleg-

S. 3562                             8

ates and alternates to judicial district conventions and  complete  such
canvass  at  the  earliest  time possible. It shall complete the canvass
otherwise within [nine] THIRTEEN days from the day upon which the prima-
ry  election is held. Upon the completion of the canvass the board shall
make and file in its office tabulated statements, signed by the  members
of such board or a majority thereof, of the number of votes cast for all
the  candidates  for nomination to each public office or for election to
each party position, and the number of votes cast for each  such  candi-
date. The candidate receiving the highest number of votes for nomination
for a public office or for election to a party position voted for wholly
within  the  political unit for which such board is acting, shall be the
nominee of his party for such office or elected to such  party  position
and  the board, if requested by a candidate elected to a party position,
shall furnish to him a certificate of election.
  § 16. Subdivision 1 of section 9-208 of the election law,  as  amended
by chapter 163 of the laws of 2010, is amended to read as follows:
  1. Within fifteen days after each general[,] OR special [or] ELECTION,
AND  WITHIN  TWENTY DAYS AFTER A primary election, and within seven days
after every village election conducted by  the  board  of  elections  at
which  ballot scanners are used, the board of elections, or a bipartisan
committee of or appointed by said board  shall,  in  each  county  using
ballot scanners, make a record of the serial number of each ballot scan-
ner  used  in each election district in such general, special or primary
election. No person who was  a  candidate  at  such  election  shall  be
appointed  to  membership  on  the committee. Such board of elections or
bipartisan committee shall recanvass the tabulated result tape from each
ballot scanner used in each election district  by  comparing  such  tape
with the numbers as recorded on the return of canvass. The said board or
committee  shall also make a recanvass of any election day paper ballots
that have not been scanned and were hand counted pursuant to subdivision
two of section 9-110 of this article and compare the  results  with  the
number  as  recorded  on  the  return of canvass. The board or committee
shall then recanvass write-in votes,  if  any,  on  ballots  which  were
otherwise scanned and canvassed at polling places on election night. The
board  or  committee  shall  validate and prove such sums. Before making
such canvass the board of  elections,  with  respect  to  each  election
district  to  be recanvassed, shall give notice in writing to the voting
machine custodian thereof, to the state and county chair of  each  party
or  independent  body which shall have nominated candidates for the said
general or special election or nominated or elected  candidates  at  the
said  primary  election  and  to  each  individual  candidate whose name
appears on the office ballot, of the time and place where  such  canvass
is  to  be  made;  and  the state and county chair of each such party or
independent body and each such individual candidate may send a represen-
tative to be present  at  such  recanvass.  Each  candidate  whose  name
appears on the official ballot, or his or her representative, shall have
the  right  personally to examine and make a record of the vote recorded
on the tabulated result tape and any ballots which were hand counted.
  § 17. Subdivision 1 of section 9-211 of the election law,  as  amended
by chapter 515 of the laws of 2015, is amended to read as follows:
  1.  Within  fifteen days after each general or special election, [and]
within [seven] THIRTEEN days after  every  primary  [or]  ELECTION,  AND
WITHIN SEVEN DAYS AFTER EVERY village election conducted by the board of
elections, the board of elections or a bipartisan committee appointed by
such  board  shall  audit  the voter verifiable audit records from three
percent of voting machines or systems within the  jurisdiction  of  such

S. 3562                             9

board. Such audits may be performed manually or via the use of any auto-
mated tool authorized for such use by the state board of elections which
is  independent from the voting system it is being used to audit. Voting
machines or systems shall be selected for audit through a random, manual
process.  At  least five days prior to the time fixed for such selection
process, the board of elections shall send notice by first class mail to
each candidate, political party and independent body  entitled  to  have
had  watchers  present  at  the  polls  in any election district in such
board's jurisdiction. Such notice shall state the time and  place  fixed
for  such  random selection process. The audit shall be conducted in the
same manner, to the extent applicable, as a canvass  of  paper  ballots.
Each  candidate, political party or independent body entitled to appoint
watchers to attend at a polling place shall be entitled to appoint  such
number of watchers to observe the audit.
  § 18. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 87 of the laws of 2015, 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-SIX days before a primary or general election[; twen-
ty-five days before], a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election 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.
  § 19. Subdivision 4 of section 11-204 of the election law, as  amended
by chapter 87 of the laws of 2015, 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-SIX days
before each general or primary  election  [and  forty-five  days  before
each] OR special election or presidential primary election in which such
applicant  is  qualified to vote, or three days after receipt of such an

S. 3562                            10

application, whichever is later, mail to him or  her  at  the  residence
address  outside  the  United  States shown in his or her application, a
special federal ballot, an  inner  affirmation  envelope  and  an  outer
envelope,  or  otherwise distribute same to the voter in accordance with
the preferred method of transmission designated by the voter pursuant to
section 11-203 of this title. The board of elections shall also mail, or
otherwise distribute in accordance with the preferred method  of  trans-
mission  designated  by  the  voter  pursuant  to section 11-203 of this
title, a special federal ballot to every qualified special federal voter
who is already registered and who requests such special  federal  ballot
from  such  board of elections in a letter, which is signed by the voter
and received by the board of elections not later than  the  seventh  day
before  the  election  for which the ballot is first requested and which
states the address where the voter is  registered  and  the  address  to
which  the  ballot is to be mailed. The board of elections shall enclose
with such ballot a form of application for a special federal ballot.
  § 20. Subdivision 4 of section 16-102 of the election law, as added by
chapter 135 of the laws of 1986, is amended to read as follows:
  4. A final order INCLUDING  THE  RESOLUTION  OF  ANY  APPEALS  in  any
proceeding  involving  the  names  of  candidates  on  ballots or voting
machines shall be made, if possible, at least five weeks before the  day
of the election at which such ballots or voting machines are to be used,
or  if  such proceeding is commenced within five weeks of such election,
no later than the day following the day on which the case is heard.
  § 21. Subdivisions 3 and 4 of section  16-104  of  the  election  law,
subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
read as follows:
  3.  A  proceeding  pursuant to subdivision two of this section must be
instituted within [fourteen] SEVEN days after the last  day  to  certify
the wording of any such abstract or form of submission.
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the contents of official ballots on voting machines
shall be made, if possible, at least five weeks before the  day  of  the
election  at  which  such  voting  machines  are  to be used, or if such
proceeding is commenced within five weeks of an election, no later  than
the day following the day on which the case is heard.
  §  22.  Subdivisions 1 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
read as follows:
  1.  A  vacancy  occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to  be  filled
at  a general election, except in the offices of governor or lieutenant-
governor, shall be filled at the general election held next  thereafter,
unless  otherwise  provided  by  the  constitution, or unless previously
filled at a special election.
  4. A special election shall not be held  to  fill  a  vacancy  in  the
office  of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office,  or
unless  it occurs thereafter and a special session of congress is called
to meet before the next general election, or be called after  [September
nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN such year;
nor to fill a vacancy in the office of state senator or in the office of
member of assembly, unless the vacancy occurs before the  first  day  of
April  of  the  last  year  of the term of office, or unless the vacancy

S. 3562                            11

occurs in either such office of senator or member of assembly after such
first day of April and a special session of the legislature be called to
meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
after  September nineteenth] in such year. If a special election to fill
an office shall not be held as required by  law,  the  office  shall  be
filled at the next general election.
  §  23.  Section  13 of chapter 87 of the laws of 2015, relating to the
conducting of the presidential primary, is amended to read as follows:
  § 13. 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 six, seven, eight,
nine, ten and eleven of this act shall take effect  December  15,  2015;
and  provided further, THAT SECTIONS TWO, THREE, FOUR AND ELEVEN OF this
act shall expire December 31, 2016 when upon such date the provisions of
[this act] SUCH SECTIONS shall be deemed repealed.
  § 24. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S3562A (ACTIVE) - Details

See Assembly Version of this Bill:: A9925
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Election Law
Laws Affected:: Amd El L, generally; amd §42, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6204
2015-2016: S6452
2019-2020: S1103, A779

S3562A (ACTIVE) - Summary

S3562A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3562A

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:  An act to amend the election law, in relation to
primary elections and amending certain deadlines to facilitate the time-
ly transmission of ballots to military voters stationed overseas; to
amend the public officers law, in relation to filling vacancies in elec-
tive offices; to amend the election law, in relation to date of primary
elections; and to amend the election law, in relation to canvass and
audit of returns

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that New York State's election law
complies with the federal Military and Overseas Voter Empowerment (MOVE)
Act.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends § 1-106(1) of the election law to provide
that all certificates and petitions of designation, certificates of

acceptance or declination of such designations, certificates of authori-
zation for such designations, certificates of disqualification, certif-
icates of substitution for such designations and objections and specifi-
cations of objections to such certificates and petitions required to be
filed with the state board of elections or a board of elections outside
of the City of New York shall be deemed timely filed and accepted for
filing if sent by mail or overnight delivery service (allowed by subdi-
vision 3 of this section) in an envelope postmarked or showing receipt
by the overnight delivery service prior to midnight of the last day of
filing, and received no later than two business days after the last day
to file such certificates, petitions, objections or specifications.

Section 2 of the bill amends § 4-104(1) of the election law to specify
that polling places must be designated by March 15th each year which is
a month and a half earlier than the current May 1st deadline.

Section 3 of the bill amends § 4-106(1)&(2) of the election law to set
February 1 in each year as the deadline for the SBOE to transmit to each
county a certificate stating each state and federal office to be voted
upon in such general election. Section 3 further sets February 1 as the
date that county, city, village and town clerks must transmit a certif-
icate containing complimentary information for local offices to the
county boards of elections.

Section 4 of the bill amends § 4-108(1)(b) of the election law to
provide that the certified text of any proposal, proposition, or refer-
endum that is to be submitted to a vote of the people of a county, city,
town, village, or special district at an election to be conducted by the
board of elections shall be submitted to such board by the clerk of such
political subdivision three months prior to the general election at
which such proposal is to be voted upon.

Section 5 of the bill amends § 4-110 of the election law to provide that
the state board of elections shall certify to each county board of
elections 55 days before a primary election or presidential primary the
name, residence, title of office, name of party, and ballot order of
each candidate to be voted for, within such county, who have filed a
designation with the state board of elections.
Section 6 of the bill amends § 4-112(1) of the election law to provide
that the state board of elections shall certify to each county board of
elections 55 days before a general election the name and residence of
each candidate nominated via certificate filed with the state board or
primary election canvassed by the state board, the title of office, name
of party, the party emblem, as well as a notation as to whether any
litigation is pending.

Section 7 of the bill amends § 4-114 of the election law to provide that
county boards of 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 election not later than 54 days
before a primary or general election.

Section 8 of the bill amends § 4-117(1) of the election law to provide
that a "mail check card" be mailed by the local board of elections
between 65 and 70 days before a primary election to notify active regis-
tered voters of the days and hours of primary and general elections,
polling places, other information informing voters of residency issues
regarding voting, information regarding the accessibility of polling
places, and other information useful to voters interested in participat-
ing on election day.

Section 9 of the bill amends § 5-604(1) of the election law to provide
that local boards of election shall publish updated enrollment lists
before February 1 each year.

Section 10 of the bill amends § 5-708(5) of the election law to specify,
that at least once a year during the month of February, each board of
elections shall obtain through the National Change of Address system,
the forwarding address for every voter registered with such board of
elections and the names of those voters who have moved and did not leave
a forwarding address with the USPS.

Section 11 of the bill amends § 6-108(1) of the election law to remove a
reference to a "fall" primary and replaces it with a reference to "the
primary."

Section 12 of the bill amends § 6-147(1) and (2) of the election law to
provide that duly acknowledged certificates relating to grouping of
candidates, candidates running for party positions with a group, or
self-assignation of an election district by or running alone in multiple
election districts shall be filed with the board of elections not later
than the tenth Tuesday preceding the primary election.

Section 13 of the bill amends § 6-158 of the election law to provide
that:

*In subdivision (1), designating petitions be filed between the thir-
teenth Monday and the twelfth Thursday preceding a primary election. *In
subdivision (4), opportunity to ballot petitions shall be filed not
later than the eleventh Thursday preceding the primary election. Except
in the case of a substitution of a designated person, that an opportu-
nity to ballot petition may be filed not later than the tenth Thursday
preceding such primary.

*In subdivision (5), a judicial district convention shall be held not
earlier than the Thursday following the first Monday in August preceding
the general election (which is also ten days following the state consti-
tutional deadline for the vacancy in the office of the supreme court to
occur and still be filled at the next general election), and not later
than six days after the earliest date to hold such convention.

*In subdivision (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 30 days after the 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 30 days after the primary or ten days
after the creation of such vacancy, whichever is later, whichever is
later, except that a certificate of nomination for elector of president
and vice-president of the United States shall be filed not later than 76
days after the fall primary election.

*In subdivision (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 24 weeks and not later than 23 weeks preceding such
election.

*In subdivision (11), certificates of acceptance or declination of an
independent nomination for an office to be filled at the general
election shall be filed not later than the third day after the twenty-
third Tuesday preceding such election.

*In subdivision (12), a certificate to fill a vacancy caused by a decli-
nation 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 twenty-third Tuesday preceding such election.

*In subdivision (14), a vacancy occurring three months before the gener-
al election in any year in any office authorized to be filled at a
general election, except in the officers of governor, lieutenant-gover-
nor, 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.

Section 14 of the bill amends § 8-100(1) of the election law to provide
that a primary election shall be held on the fourth Tuesday in June
before every general election unless otherwise changed by an act of the
legislature. This section also makes it clear that all nominations for
public office required to be made at a primary election in such year
shall be made at such primary and that all members of state and local
party committees as well as other party offices shall be elected at such
primary.

Section 15 of the bill amends § 9-200(1) of the election law to require
boards of elections to complete the canvass of primary returns within 13
days from the primary election day.

Section 16 of the bill amends § 9-208(1) of the election law to require
recording of the serial numbers of each ballot scanner used in each
election district within 20 days after the primary election day.

Section 17 of the bill amends § 9-211(1) of the election law to require
audits to be completed within 13 days after a primary election and 7
days after a village election.
Section 18 of the bill amends § 10-108(1)(a) of the election law to
provide that ballots for military voters are sent out 46 days before a
primary or general election.

Section 19 of the bill amends § 11-204(4) of the election law to provide
that ballots for overseas voters are sent out 46 days before a primary
or general election.

Section 20 of the bill amends § 16-102 of the election law to require
resolution of any appeals in election proceedings to be made at least
five weeks before election day.

Section 21 of the bill amends § 16-104(3) and (4) of the election law to
require proceedings as to the form of ballots to be instituted within 7
days after the last day to certify the wording of any such abstract or
form of submission and for any final order regarding the resolution of
any appeals for such proceeding to be made at least five weeks before
the day of the election.

Section 22 of the bill amends § 42(1) and (4) of the public officers law
to provide that a vacancy occurring three months before 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.  This three-month cut-off date is also
inserted into the appropriate parts of subdivision four of section 42 of
the Public Officer's Law.

Section 23 of the bill is the effective date (immediately).

 
JUSTIFICATION:

In 2009, President Barack Obama signed into law the Military Overseas
Voter Empowerment (MOVE) Act. The MOVE Act was an amendment that
expanded the Uniformed and Overseas Citizens Absentee Voting Act (UOCA-
VA) of 1986. UOCAVA required states and territories to allow members of
the U.S. Uniformed Services and merchant marine, their family members,
and U.S. citizens residing outside the United States to register and
vote absentee in elections for federal offices. The MOVE Act was
designed to provide greater protections of the voting rights of military
personnel, their families, and other overseas citizens.  Among other
provisions, the MOVE Act requires states to transmit validly-requested
absentee ballots to UOCAVA voters no later than 45 days before a federal
election, when the request has been received by that date, except where
the state has been granted an undue hardship waiver approved by the
Department of Defense for that election. New York State was granted such
a waiver in 2010. New York State's election law as currently written
regarding military and overseas voters is not compliant with the 45-day
requirement codified in the MOVE Act. In addition, the overall structure
of the deadlines and due dates in New York State election law mean that
that changing the time-frame in which military and overseas ballots must
be mailed necessitates various changes to numerous interdependent
sections of the election law, culminating in moving the primary date.
U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the case
of The United States of America v. State of New York, already set the
date for the federal, non-presidential primary for the fourth Tuesday in
June for 2016.
The benefits of merging the federal non-presidential and state primaries
are threefold: such a merger will ensure that military personnel and New
Yorkers living abroad have an opportunity to vote, it will prevent New
Yorkers from having to go out and vote in three separate primaries in
2016, and by reducing the number of primary days, county boards of
elections throughout New York State will see a collective cost savings
of approximately $25,000,000. New York State's primary was held in June
until 1974 when it was changed to its current date of the first Tuesday
after the second Monday in September.

 
LEGISLATIVE HISTORY:

2017: A.3052 (Cusick) - Passed the Assembly
2016: S6452 (Stewart-Cousins) - Died in Veterans, Homeland Security;
A.9108 (Cusick) - Passed the Assembly

 
EFFECTIVE DATE:
This act shall take effect immediately

S3562A (ACTIVE) - Bill Text download pdf


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

                                 3562--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced by Sens. STEWART-COUSINS, ADDABBO, ALCANTARA, BROOKS, COMRIE,
  DILAN, GIANARIS, HOYLMAN, KAVANAGH, KRUEGER, PERSAUD, STAVISKY -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Veterans,  Homeland  Security  and  Military  Affairs  --
  recommitted  to the Committee on Veterans, Homeland Security and Mili-
  tary Affairs in accordance with Senate Rule 6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

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

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

                                                           LBD02774-03-8

S. 3562--A                          2

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

S. 3562--A                          3

  § 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
vision  2  as amended by chapter 635 of the laws of 1990, are amended to
read as follows:
  1.  The  state board of elections shall, [at least eight months before
each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election,  make  and
transmit to the board of elections of each county, a certificate stating
each  office,  except county, city, village and town offices to be voted
for at such election in such county.
  2. Each county, city, village and town clerk, [at least  eight  months
before  each]  BY  FEBRUARY  FIRST IN THE YEAR OF EACH general election,
shall make and transmit to the board of elections a certificate  stating
each  county, city, village or town office, respectively to be voted for
at each such election. Each village clerk, at least five  months  before
each general village election conducted by the board of elections, shall
make,  and  transmit  to  such board, a certificate stating each village
office to be filled at such election.
  § 4.  Paragraph b of subdivision 1 of section 4-108  of  the  election
law,  as  amended by chapter 117 of the laws of 1985, is amended to read
as follows:
  b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people  of  a  county,  city,  town,
village  or  special  district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition or referendum is to be submitted,  shall  transmit  to  each
board of elections a certified copy of the text of such proposal, propo-
sition  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.
  §  5.  Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
  § 4-110. Certification of primary election candidates; state board  of
elections.  The  state  board  of elections, not later than [thirty-six]
FIFTY-FIVE 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 OR HER 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
certification shall state such fact.
  § 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
  1. The state board of elections, not later  than  [thirty-six]  FIFTY-
FIVE  days  before  a  general  election,  or  fifty-three days before a
special election, shall certify to each county board  of  elections  the
name  and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish  the  candidates
of the party or body; and a notation as to whether or not any litigation
is  pending  concerning  the  candidacy. Upon the completion of any such
litigation, the state board of  elections  shall  forthwith  notify  the
appropriate  county  boards  of  elections  of the results of such liti-
gation.

S. 3562--A                          4

  § 7. Section 4-114 of the election law, as amended by chapter 4 of the
laws of 2011, is amended to read as follows:
  §  4-114.  Determination  of candidates and questions; county board of
elections. The county board of elections, not later  than  the  [thirty-
fifth] FIFTY-FOURTH day before the day of a primary or general 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.
  § 8. Subdivision 1 of section 4-117 of the election law, as amended by
chapter 44 of the laws of 2016, is amended to read as follows:
  1. The board of elections, [between August first and August  fifth  of
each  year]  NOT  LESS  THAN  SIXTY-FIVE DAYS NOR MORE THAN SEVENTY DAYS
BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by mail on which is
endorsed such language designated by the state  board  of  elections  to
ensure  postal authorities do not forward such mail but return it to the
board of elections with forwarding information, when it cannot be deliv-
ered as addressed 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 general elections, the
place where he OR SHE appears by his OR HER registration 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 noti-
fied the board of elections of the change of address. If the location of
the  polling place for the voter's election district has been moved, the
communication shall contain the following legend  in  bold  type:  "YOUR
POLLING  PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".  The commu-
nication 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 phys-
ically 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  registration
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  informa-
tion  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 communication.
  § 9. Subdivision 1 of section 5-604 of the election law, as amended by
chapter 28 of the laws of 2010, is amended to read as follows:

S. 3562--A                          5

  1.  The  board  of elections shall also cause to be published for each
election district a complete list  of  the  registered  voters  of  each
election  district.  Such  list  shall,  in  addition to the information
required for registration lists, include the party  enrollment  of  each
voter.  At  least  as  many copies of such list shall be prepared as the
required minimum number of registration lists.
  Lists for all the election districts in a ward  or  assembly  district
may  be  bound together in one volume. The board of elections shall also
cause to be published a complete list of names and  residence  addresses
of  the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The  names
for each town and city may be arranged according to street and number or
alphabetically.  Such  lists  shall be published before the first day of
[April] FEBRUARY.  The board shall keep at least five copies for  public
inspection  at  each  main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost  of
publication.
  §  10.  Paragraph  a of subdivision 5 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read  as
follows:
  a.  At  least  once each year during the month of [May] FEBRUARY, each
board of elections shall obtain through the National Change  of  Address
System,  the  forwarding  address  for  every voter registered with such
board of elections for whom the United States Postal Service has such  a
forwarding  address  together  with the name of each such voter whom the
Postal Service records indicate has moved from the address at  which  he
is registered without leaving a forwarding address.
  §  11.  Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
  1. In any town in a county having a population of over  seven  hundred
fifty  thousand inhabitants, as shown by the latest federal decennial or
special population census, party  nominations  of  candidates  for  town
offices  shall  be  made  at  the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made  by
caucus  or  primary  election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the  party  candidates
for  town  offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by  the  members
of  the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule  shall
not  apply  to  nor  affect a primary held less than four months after a
certified copy of the rule shall have  been  filed  with  the  board  of
elections.  After  the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent  primary.
Such  a  caucus  shall  be  held  no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
  § 12. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
amended  by  chapter  434  of  the  laws of 1984, are amended to read as
follows:
  1. The name of a person designated on more  than  one  petition  as  a
candidate for a party position to be filled by two or more persons shall
be  printed on the ballot with the group of candidates designated by the
petition first filed unless such person, in a certificate duly  acknowl-
edged by him OR HER and filed with the board of elections not later than

S. 3562--A                          6

the  [eighth]  TENTH Tuesday preceding the primary election or five days
after the board of elections mails such person  notice  of  his  OR  HER
designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
  2.  A  person  designated as a candidate for the position of member of
the county committee in more than one election district shall be  deemed
to  have been designated in the lowest numbered election district unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with the board of elections not later than the  [eighth]  TENTH  Tuesday
preceding the primary election or five days after the board of elections
mails  such  person  notice  of  his OR HER designation in more than one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
  § 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
of  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws
of 1992, and subdivision 9 as amended by chapter  517  of  the  laws  of
1986, are amended to read as follows:
  1.  A designating petition shall be filed not earlier than the [tenth]
THIRTEENTH Monday before, and not later than the [ninth] TWELFTH  Thurs-
day preceding the primary election.
  4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party  position  at a primary election shall be filed not later than the
[eighth] ELEVENTH Thursday  preceding  the  primary  election.  However,
where a designating petition has been filed and the person named therein
has  declined such designation and another person has been designated to
fill the vacancy, then in that event, a petition for an  opportunity  to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
  5.  A  judicial district convention shall be held not earlier than the
[Tuesday] THURSDAY following  the  [third  Monday  in  September]  FIRST
MONDAY  IN AUGUST preceding the general election and not later than [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
  6. (A) A certificate of a party nomination  made  other  than  at  the
primary  election  for  an  office to be filled at the time of a general
election shall be filed not later than [seven]  THIRTY  days  after  the
[fall]  primary  election,   (B) except that a certificate of nomination
for an office which becomes vacant after the seventh day preceding  such
primary  election  shall  be filed not later than [fourteen] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a  certificate  of
party  nomination of candidates for elector of president and vice-presi-
dent of the United States shall  be  filed  not  later  than  [fourteen]
SEVENTY-FOUR  days  after  the  [fall]  primary election, and (D) except
still further that a certificate of party nomination made at a  judicial
district convention shall be filed not later than the day after the last
day  to  hold  such  convention and the minutes of such convention, duly
certified by the chairman and secretary, shall be filed within  seventy-
two  hours  after  adjournment of the convention. A certificate of party
nomination for an office to be filled at a  special  election  shall  be
filed  not  later than ten days following the issuance of a proclamation
of such election.
  9. A petition for an independent nomination for an office to be filled
at the time of a general  election  shall  be  filed  not  earlier  than
[twelve]  TWENTY-FOUR  weeks  and  not  later than [eleven] TWENTY-THREE

S. 3562--A                          7

weeks preceding such election. A petition for an independent  nomination
for  an  office  to  be  filled at a special election shall be filed not
later than twelve days following the issuance of a proclamation of  such
election.  [A  petition  for  trustee of the Long Island Power Authority
shall be filed not earlier than seven weeks and not later than six weeks
preceding the day of the election of such trustees.]
  11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the  time  of  a  general  election
shall  be  filed not later than the third day after the [eleventh] TWEN-
TY-THIRD Tuesday preceding such election except  that  a  candidate  who
files  such  a  certificate  of acceptance for an office for which there
have been filed certificates or  petitions  designating  more  than  one
candidate for the nomination of any party, may thereafter file a certif-
icate  of  declination  not  later  than the third day after the primary
election.  A certificate of acceptance or declination of an  independent
nomination  for  an  office  to be filled at a special election shall be
filed not later than fourteen days following the issuance of a proclama-
tion of such election.
  12. A certificate to fill a vacancy caused  by  a  declination  of  an
independent  nomination  for  an  office  to  be filled at the time of a
general election shall be filed not later than the sixth day  after  the
[eleventh]  TWENTY-THIRD  Tuesday preceding such election. A certificate
to fill a vacancy caused by a declination of an  independent  nomination
for  an  office  to  be  filled at a special election shall be filed not
later than sixteen days following the issuance of a proclamation of such
election.
  14. A vacancy occurring THREE MONTHS before [September  twentieth  of]
THE  GENERAL  ELECTION IN any year in any office authorized to be filled
at a general election, except in the offices  of  governor,  lieutenant-
governor,  or  United  States  senator  shall  be  filled at the general
election held next thereafter, unless otherwise provided by the  consti-
tution, or unless previously filled at a special election.
  §  14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 17 of the laws of 2007, is amended to read as
follows:
  (a) A primary election[, to be known as the fall  primary,]  shall  be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber]  JUNE  before every general election unless otherwise changed by an
act of the legislature. MEMBERS OF THE STATE AND COUNTY  COMMITTEES  AND
ASSEMBLY  DISTRICT  LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY  AND  ALL
NOMINATIONS  FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which  elec-
tors  of  president  and  vice  president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first  Tuesday  in  February  unless  otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
  §  15.  Subdivision 1 of section 9-200 of the election law, as amended
by chapter 250 of the laws of 1984, is amended to read as follows:
  1. The board  of  elections  shall  canvass  the  returns  of  primary
elections  filed with it. It shall canvass first the votes of the deleg-
ates and alternates to judicial district conventions and  complete  such
canvass  at  the  earliest  time possible. It shall complete the canvass
otherwise within [nine] THIRTEEN days from the day upon which the prima-

S. 3562--A                          8

ry election is held. Upon the completion of the canvass the board  shall
make  and file in its office tabulated statements, signed by the members
of such board or a majority thereof, of the number of votes cast for all
the  candidates  for nomination to each public office or for election to
each party position, and the number of votes cast for each  such  candi-
date. The candidate receiving the highest number of votes for nomination
for a public office or for election to a party position voted for wholly
within  the  political unit for which such board is acting, shall be the
nominee of his party for such office or elected to such  party  position
and  the board, if requested by a candidate elected to a party position,
shall furnish to him a certificate of election.
  § 16. Subdivision 1 of section 9-208 of the election law,  as  amended
by chapter 163 of the laws of 2010, is amended to read as follows:
  1. Within fifteen days after each general[,] OR special [or] ELECTION,
AND  WITHIN  TWENTY DAYS AFTER A primary election, and within seven days
after every village election conducted by  the  board  of  elections  at
which  ballot scanners are used, the board of elections, or a bipartisan
committee of or appointed by said board  shall,  in  each  county  using
ballot scanners, make a record of the serial number of each ballot scan-
ner  used  in each election district in such general, special or primary
election. No person who was  a  candidate  at  such  election  shall  be
appointed  to  membership  on  the committee. Such board of elections or
bipartisan committee shall recanvass the tabulated result tape from each
ballot scanner used in each election district  by  comparing  such  tape
with the numbers as recorded on the return of canvass. The said board or
committee  shall also make a recanvass of any election day paper ballots
that have not been scanned and were hand counted pursuant to subdivision
two of section 9-110 of this article and compare the  results  with  the
number  as  recorded  on  the  return of canvass. The board or committee
shall then recanvass write-in votes,  if  any,  on  ballots  which  were
otherwise scanned and canvassed at polling places on election night. The
board  or  committee  shall  validate and prove such sums. Before making
such canvass the board of  elections,  with  respect  to  each  election
district  to  be recanvassed, shall give notice in writing to the voting
machine custodian thereof, to the state and county chair of  each  party
or  independent  body which shall have nominated candidates for the said
general or special election or nominated or elected  candidates  at  the
said  primary  election  and  to  each  individual  candidate whose name
appears on the office ballot, of the time and place where  such  canvass
is  to  be  made;  and  the state and county chair of each such party or
independent body and each such individual candidate may send a represen-
tative to be present  at  such  recanvass.  Each  candidate  whose  name
appears on the official ballot, or his or her representative, shall have
the  right  personally to examine and make a record of the vote recorded
on the tabulated result tape and any ballots which were hand counted.
  § 17. Subdivision 1 of section 9-211 of the election law,  as  amended
by chapter 515 of the laws of 2015, is amended to read as follows:
  1.  Within  fifteen days after each general or special election, [and]
within [seven] THIRTEEN days after  every  primary  [or]  ELECTION,  AND
WITHIN SEVEN DAYS AFTER EVERY village election conducted by the board of
elections, the board of elections or a bipartisan committee appointed by
such  board  shall  audit  the voter verifiable audit records from three
percent of voting machines or systems within the  jurisdiction  of  such
board. Such audits may be performed manually or via the use of any auto-
mated tool authorized for such use by the state board of elections which
is  independent from the voting system it is being used to audit. Voting

S. 3562--A                          9

machines or systems shall be selected for audit through a random, manual
process. At least five days prior to the time fixed for  such  selection
process, the board of elections shall send notice by first class mail to
each  candidate,  political  party and independent body entitled to have
had watchers present at the polls  in  any  election  district  in  such
board's  jurisdiction.  Such notice shall state the time and place fixed
for such random selection process. The audit shall be conducted  in  the
same  manner,  to  the extent applicable, as a canvass of paper ballots.
Each candidate, political party or independent body entitled to  appoint
watchers  to attend at a polling place shall be entitled to appoint such
number of watchers to observe the audit.
  § 18. 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-SIX days before a primary or general election[; twen-
ty-five  days before] a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election. 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 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 registration records. In the
event a primary election is uncontested in the military voter's election
district for all offices or  positions  except  the  party  position  of
member  of  the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such  election;  and  the  military
voter  shall  be  advised of the reason why he or she will not receive a
ballot.
  § 19. 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-SIX 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

S. 3562--A                         10

to  the  voter  in  accordance with the preferred method of transmission
designated by the voter pursuant to section 11-203 of  this  title.  The
board  of  elections shall also mail, or otherwise distribute in 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.
  § 20. Subdivision 4 of section 16-102 of the election law, as added by
chapter 135 of the laws of 1986, is amended to read as follows:
  4. A final order INCLUDING  THE  RESOLUTION  OF  ANY  APPEALS  in  any
proceeding  involving  the  names  of  candidates  on  ballots or voting
machines shall be made, if possible, at least five weeks before the  day
of the election at which such ballots or voting machines are to be used,
or  if  such proceeding is commenced within five weeks of such election,
no later than the day following the day on which the case is heard.
  § 21. Subdivisions 3 and 4 of section  16-104  of  the  election  law,
subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
read as follows:
  3.  A  proceeding  pursuant to subdivision two of this section must be
instituted within [fourteen] SEVEN days after the last  day  to  certify
the wording of any such abstract or form of submission.
  4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
proceeding involving the contents of official ballots on voting machines
shall be made, if possible, at least five weeks before the  day  of  the
election  at  which  such  voting  machines  are  to be used, or if such
proceeding is commenced within five weeks of an election, no later  than
the day following the day on which the case is heard.
  §  22.  Subdivisions 1 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
read as follows:
  1.  A  vacancy  occurring THREE MONTHS before [September twentieth of]
THE GENERAL ELECTION IN any year in any office authorized to  be  filled
at  a general election, except in the offices of governor or lieutenant-
governor, shall be filled at the general election held next  thereafter,
unless  otherwise  provided  by  the  constitution, or unless previously
filled at a special election.
  4. A special election shall not be held  to  fill  a  vacancy  in  the
office  of a representative in congress unless such vacancy occurs on or
before the first day of July of the last year of the term of office,  or
unless  it occurs thereafter and a special session of congress is called
to meet before the next general election, or be called after  [September
nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN such year;
nor to fill a vacancy in the office of state senator or in the office of
member of assembly, unless the vacancy occurs before the  first  day  of
April  of  the  last  year  of the term of office, or unless the vacancy
occurs in either such office of senator or member of assembly after such
first day of April and a special session of the legislature be called to
meet between such first day of April and THE NEXT GENERAL ELECTION OR BE

S. 3562--A                         11

CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
after September nineteenth] in such year. If a special election to  fill
an  office  shall  not  be  held as required by law, the office shall be
filled at the next general election.
  § 23. This act shall take effect on December 31, 2018.

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The New York State Senate

senate Bill S3562A

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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senate Bill S3562A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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S3562 - Details

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