S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1744
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2019
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Election Law
 
 AN  ACT to amend the election law, in relation to vacancies for elective
   offices;  to  judicial  proceedings  for  designating  or   nominating
   petitions and to ballots for primary and general elections

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6-150 of the election law is  amended  to  read  as
 follows:
   §  6-150.  Nomination;  vacancy  caused  by death or disqualification,
 unfilled at time of general or special  election.  If  a  vacancy  shall
 occur in a nomination, caused by disqualification or death of the candi-
 date subsequent to [noon of the Tuesday] THIRTY DAYS before a general or
 special  election and prior to the closing of the polls on such election
 day, such vacancy shall not be filled,  and  the  votes  cast  for  such
 [deceased]  candidate  shall  be canvassed and counted, and if he OR SHE
 shall receive a plurality of the votes cast, a vacancy  shall  exist  in
 the office for which such nomination was made to be filled in the manner
 provided  by  law  for  vacancies in office occurring by reason of death
 after election.
   § 2. Section 6-152 of the election law, as amended by chapter  234  of
 the laws of 1976, is amended to read as follows:
   § 6-152. Vacancies caused by death or disqualification and unfilled at
 time of primary election. If a vacancy shall occur in a designation of a
 candidate  for  nomination  or election at a primary election, caused by
 the death or disqualification of a candidate subsequent to [noon of  the
 seventh  day]  THIRTY  DAYS before the primary election and prior to the
 closing of the polls, such vacancy shall not be  filled  and  the  votes
 cast  for  such  [deceased or disqualified] candidate shall be canvassed
 and counted, and, if he OR SHE shall receive a plurality  of  the  votes
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04592-01-9
              

 A. 1744                             2
 
 cast,  another  candidate  may  thereafter  be  nominated or the vacancy
 filled as provided by law or the rules of the party.
   §  3.  Section  6-154  of  the election law is amended by adding a new
 subdivision 4 to read as follows:
   4. EACH BOARD OF ELECTIONS OR THE STATE BOARD OF ELECTIONS AS APPLICA-
 BLE SHALL MAKE ANY DETERMINATION REQUIRED BY THIS SECTION NO LATER  THAN
 SIXTY  DAYS  BEFORE  THE  PRIMARY  ELECTION IN THE CASE OF CHALLENGES TO
 DESIGNATING OR OPPORTUNITY TO BALLOT PETITIONS AND NO LATER THAN SEVENTY
 DAYS BEFORE THE GENERAL ELECTION IN THE CASE OF CHALLENGES TO NOMINATING
 PETITIONS AND CERTIFICATES OF DESIGNATION OR NOMINATION.
   § 4. Section 7-116 of the election law is  amended  by  adding  a  new
 subdivision 8 to read as follows:
   8.  IN CASES WHERE A NAME IS ADDED TO OR REMOVED FROM THE COUNTY BOARD
 OF ELECTIONS' OFFICIAL BALLOT TOO LATE TO MAKE A COMPLETE COMPLIANCE  TO
 THESE REQUIREMENTS FEASIBLE, THE NAME MAY BE ADDED AT THE END OF THE ROW
 OR  COLUMN  OF CANDIDATES IN ALL ELECTION DISTRICTS, OR REMOVED FROM THE
 BALLOT  IN  ALL  ELECTION  DISTRICTS  WITHOUT  CHANGING  THE  PREVIOUSLY
 ARRANGED ORDER OF OTHER NAMES AND WITHOUT INVALIDATING THE ELECTION. ANY
 INADVERTENT  ERROR  IN THE ORDER OF NAMES DISCOVERED TOO LATE TO CORRECT
 THE ORDER OF THE NAMES ON THE BALLOTS CONCERNED SHALL NOT INVALIDATE  AN
 ELECTION.
   EXCEPT  WHERE  A  CONTEST  OR  CANDIDATE IS REMOVED FROM THE BALLOT BY
 COURT ORDER TOO LATE TO  MAKE  COMPLETE  COMPLIANCE  WITH  THIS  SECTION
 FEASIBLE,  THE  TITLE  OF  EACH  PUBLIC OFFICE OR PARTY POSITION AND THE
 NAMES OF THE CANDIDATES FOR SUCH OFFICE OR  POSITION  APPEARING  ON  ANY
 BALLOT  USED  FOR ELECTIONS OVER WHICH THE COUNTY BOARD OF ELECTIONS HAS
 JURISDICTION SHALL APPEAR ON SUCH BALLOT  IMMEDIATELY  ADJACENT  TO  ONE
 ANOTHER,  EITHER  HORIZONTALLY  OR VERTICALLY; AND NO BLANK SPACES SHALL
 SEPARATE THE NAMES OF CANDIDATES ACTUALLY RUNNING FOR AN OFFICE OR PARTY
 POSITION ON SUCH BALLOT, AND NO BLANK SPACES SHALL SEPARATE ANY TWO SUCH
 OFFICES OR POSITIONS WHICH APPEAR ON SUCH BALLOT IN THE SAME  COLUMN  OR
 ROW.
   § 5. Subdivision 3 of section 7-122 of the election law, as amended by
 chapter 165 of the laws of 2010, is amended to read as follows:
   3.  The  determination of the appropriate county board of elections as
 to the candidates duly designated or  nominated  for  public  office  or
 party  position whose name shall appear on the absentee ballot and as to
 ballot proposals to be voted on shall be made  no  later  than  the  day
 after  the  state  board  of elections issues its certification of those
 candidates to be voted for at the general, special or primary  election.
 The  determinations  of  the state board of elections and the respective
 county boards of elections shall be final and conclusive with respect to
 such offices for which petitions or  certificates  are  required  to  be
 filed  with such boards, as the case may be but nothing herein contained
 shall prevent a board of elections, or a court of competent jurisdiction
 from determining at a later date that  any  such  certification,  desig-
 nation or nomination is invalid and, in the event of such later determi-
 nation,  no vote cast for any such nominee by any voter shall be counted
 at the election.   ANY ORDER OF A COURT  OF  COMPETENT  JURISDICTION  OR
 DETERMINATION BY THE BOARD OF ELECTIONS CHANGING THE BALLOT AS PREVIOUS-
 LY  DETERMINED  BY  THE  BOARD  OF  ELECTIONS  MUST  BE  MADE AND, WHERE
 REQUIRED, ENTERED AT LEAST TWENTY DAYS PRIOR TO THE ELECTION. THE  ORDER
 OF  A  COURT  OF  COMPETENT  JURISDICTION OR DETERMINATION OF A BOARD OF
 ELECTIONS TO ADD A NAME OR BALLOT PROPOSAL TO THE BALLOT  SHALL  REQUIRE
 THAT  ONLY THOSE VOTERS WHO HAVE NOT BEEN SENT ABSENTEE BALLOTS PRIOR TO

 A. 1744                             3
 
 SUCH CHANGE SHALL BE SENT BALLOTS WHICH REFLECT SUCH ADDITION  OR  ADDI-
 TIONS UNLESS THE COURT SPECIFICALLY OTHERWISE ORDERS.
   §  6.  Subdivisions  1  and 2 of section 7-128 of the election law are
 amended to read as follows:
   1. Each officer or board charged with the duty of  providing  official
 ballots  for  an  election  shall  have  sample  ballots  open to public
 inspection [five] FIFTY  days,  EXCEPT  IN  THE  CASE  OF  EXTRAORDINARY
 CIRCUMSTANCES  IN WHICH CASE ON THE EARLIEST DAY PRACTICABLE, before the
 election for which [they were] THE BALLOTS HAVE BEEN  prepared  and  the
 official  ballots  open  to such inspection [four] FIFTY days, EXCEPT IN
 THE CASE OF EXTRAORDINARY CIRCUMSTANCES IN WHICH CASE  ON  THE  EARLIEST
 DAY  PRACTICABLE,  before such election except that the sample and offi-
 cial ballots for a village election held at  a  different  time  from  a
 general  election  shall  be open to public inspection at least two days
 before such election. During the times within which the ballots are open
 for inspection, such officer or board shall deliver to each voter apply-
 ing therefor a sample of the ballot which he OR SHE is entitled to vote.
   2. Each officer or board charged with the duty of preparing ballots to
 be used [on] WITH voting machines in any election shall:
   A. give written notice, by first class mail, to all candidates, except
 candidates for member of the county committee, who are lawfully entitled
 to have their names appear thereon, of the  time  when,  and  the  place
 where,  they  may  inspect  the [voting machines] BALLOTS to be used for
 such election. The candidates or their  designated  representatives  may
 appear  at  the  time and place specified in such notice to inspect such
 [machines] BALLOTS, provided, however, that the time so specified  shall
 [be  not less than two] OCCUR NO LATER THAN FORTY-SIX days [prior to the
 date of] BEFORE the election AT WHICH THE  BALLOTS  WILL  BE  USED.    A
 candidate,  whose  name appears on the ballot [for an election district]
 or his OR HER designated representative, may, in  the  presence  of  the
 election  officer  attending  the  [voting  machine] BALLOT, inspect the
 [face of the machine] BALLOT to see that his OR HER ballot [label] POSI-
 TION is in its proper place[, but at no time during the inspection shall
 the booth be closed] OR PLACES.
   B. GIVE WRITTEN NOTICE, BY FIRST CLASS MAIL, TO ALL CANDIDATES, EXCEPT
 CANDIDATES FOR MEMBER OF THE COUNTY COMMITTEE, WHO ARE LAWFULLY ENTITLED
 TO HAVE THEIR NAMES APPEAR THEREON, OF THE  TIME  WHEN,  AND  THE  PLACE
 WHERE,  THEY  MAY  INSPECT THE VOTING MACHINES OR SYSTEMS TO BE USED FOR
 SUCH ELECTION. THE CANDIDATES OR THEIR  DESIGNATED  REPRESENTATIVES  MAY
 APPEAR  AT  THE  TIME  AND  PLACE  SPECIFIED  IN SUCH NOTICE TO VIEW THE
 CONDUCT OF THE LOGIC AND ACCURACY TESTING REQUIRED TO  BE  PERFORMED  ON
 SUCH  VOTING  MACHINES  OR  SYSTEMS,  PROVIDED HOWEVER, THAT THE TIME SO
 SPECIFIED SHALL BE NOT LESS THAN TWENTY DAYS PRIOR TO THE  DATE  OF  THE
 ELECTION.
   § 7. Section 7-130 of the election law is amended to read as follows:
   §  7-130.  Ballots;  examination  by  voters and instruction in use of
 voting machines OR SYSTEMS.  One or more voting  machines  [which  shall
 contain  the  ballot  labels] OR SYSTEMS ON WHICH BALLOTS SHALL BE CAST,
 showing the party [emblems]  NAMES  and  [title]  TITLES  of  [officers]
 OFFICES  to  be voted for, and which shall so far as practicable contain
 the names of the candidates to be voted for, shall be placed  on  public
 exhibition  in some suitable place by the board of elections, [in charge
 of competent instructors,] for at least three  days  during  the  thirty
 days next preceding an election. No voting machine OR SYSTEM which is to
 be  assigned for use in an election shall be used for such purpose after
 having been prepared and sealed for the  election.  During  such  public

 A. 1744                             4

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