S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3588
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. CARROLL, SIMON -- read once and referred to the
   Committee on Election Law
 
 AN ACT to amend  the  election  law,  in  relation  to  run-off  primary
   elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 1  of  section  8-100  of  the
 election law, as added by chapter 373 of the laws of 1978, is amended to
 read as follows:
   (b) In the event a run-off primary election is required in the city of
 New York, it shall be held on the [second] THIRD Tuesday next succeeding
 the date on which the initial primary election was held.
   § 2. 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  day  before  the  day  of  a  primary or general election, or the
 fifty-third day before a special election, shall  determine  the  candi-
 dates  duly  nominated  for  public  office and the questions that shall
 appear on the ballot within the jurisdiction of that board of elections.
 PROVIDED, HOWEVER, IN ANY  YEAR  IN  WHICH  THERE  HAS  BEEN  A  RUN-OFF
 ELECTION  IN  THE  CITY OF NEW YORK, THE BOARD OF ELECTIONS OF SUCH CITY
 SHALL, NOT LATER THAN THE TWENTY-EIGHTH DAY BEFORE THE GENERAL  ELECTION
 IN  THAT YEAR, DETERMINE THE CANDIDATES DULY NOMINATED FOR PUBLIC OFFICE
 AND THE QUESTIONS THAT SHALL APPEAR ON THE BALLOT WITHIN  THE  JURISDIC-
 TION OF THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK.
   § 3. Subdivision 1 of section 8-412 of the election law, as amended by
 chapter 155 of the laws of 1994, is amended to read as follows:
   1. The board of elections shall cause all absentee ballots received by
 it  before  the  close  of  the  polls  on  election day and all ballots
 contained in envelopes showing a cancellation mark of the United  States
 postal service or a foreign country's postal service, or showing a dated
 endorsement  of  receipt  by another agency of the United States govern-
 ment, with a date which is ascertained to be  not  later  than  the  day
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02081-01-9

 A. 3588                             2
 
 before  election  and received by such board of elections not later than
 seven days following the day of election, OR FOURTEEN DAYS FOLLOWING THE
 DAY OF THE GENERAL ELECTION IN THE CITY OF NEW YORK IN ANY YEAR IN WHICH
 THERE  HAS  BEEN  A RUN-OFF ELECTION, to be cast and counted except that
 the absentee ballot of a voter who  requested  such  ballot  by  letter,
 rather than application, shall not be counted unless a valid application
 form,  signed  by such voter, is received by the board of elections with
 such ballot.
   § 4. Section 9-214 of the election law, the section heading and  first
 undesignated  paragraph  as  amended by chapter 286 of the laws of 1983,
 and the second undesignated paragraph as amended by  chapter  4  of  the
 laws of 2011, is amended to read as follows:
   §  9-214.  Transmission  of  statements  of canvassing boards to state
 board of elections and secretary of state. The board of elections  shall
 transmit  by mail or cause to be delivered personally to the state board
 of elections, a certified copy of the statement of the canvassing  board
 relating  to  the offices of electors of president and vice-president of
 the United States, United States senator,  representatives  in  congress
 and  state  offices, including members of the state senate and assembly,
 and to the votes cast on any ballot proposal submitted to all the voters
 of the state, within twenty-five days after the election. If any  certi-
 fied  copy  shall  not  be  received by the state board on or before the
 twenty-fifth day following a general election, or a special election, it
 shall dispatch a special messenger to obtain such  certified  copy,  and
 the board of elections, immediately upon demand of such messenger at its
 office,  shall  make  and deliver a certified copy to such messenger who
 shall deliver it forthwith to the state board.
   The board of elections shall transmit to the secretary of state within
 twenty-five days after a general election, and within twenty days  after
 a  special  election,  a list of the names and residences of all persons
 determined by the canvassing board to be elected to any  county  office.
 NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN ANY YEAR IN
 WHICH  THERE  HAS  BEEN  A RUN-OFF ELECTION IN THE CITY OF NEW YORK, THE
 BOARD OF ELECTIONS IN THE CITY OF NEW YORK SHALL TRANSMIT TO THE  SECRE-
 TARY  OF  STATE NOT LATER THAN THIRTY DAYS AFTER THE GENERAL ELECTION IN
 THAT YEAR A LIST OF THE NAMES AND RESIDENCES OF ALL  PERSONS  DETERMINED
 BY THE CANVASSING BOARD TO BE ELECTED TO ANY COUNTY OFFICE.
   The board of elections shall transmit to the state board, on or before
 the  tenth  day of December following an election for governor, a certi-
 fied tabulated statement, by election districts, of the official canvass
 of the votes cast for candidates for governor, to include, in  the  case
 of  a  candidate who was nominated by two or more parties or independent
 bodies, a separate statement of the number of votes cast for him as  the
 candidate  of  each  party or independent body by which he was nominated
 and if the county contains more than one assembly district or  parts  of
 more than one assembly district, a statement of the number of votes cast
 for governor by assembly district.
   §  5. Paragraph (a) of subdivision 1 of section 10-108 of the election
 law, as amended by chapter 4 of the laws of 2011, is amended to read  as
 follows:
   (a)  Ballots for military voters shall be mailed or otherwise distrib-
 uted by the board of elections, in accordance with the preferred  method
 of  transmission  designated  by the voter pursuant to section 10-107 of
 this article, as soon as practicable but in any  event  not  later  than
 thirty-two  days  before a primary or general election; twenty-five days
 before a New York city  community  school  board  district  or  city  of

 A. 3588                             3
 
 Buffalo  school  district  election;  fourteen  days  before  a  village
 election conducted by the board of elections; and forty-five days before
 a special election.  NOTWITHSTANDING THE FOREGOING  PROVISIONS  OF  THIS
 SECTION,  IN  ANY YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE
 CITY OF NEW YORK, BALLOTS FOR MILITARY VOTERS SHALL BE MAILED OR  OTHER-
 WISE  DISTRIBUTED  BY  THE BOARD OF ELECTIONS OF SUCH CITY IN ACCORDANCE
 WITH THE PREFERRED METHOD OF TRANSMISSION DESIGNATED BY THE VOTER PURSU-
 ANT TO SECTION 10-107 OF THIS ARTICLE, AS SOON AS PRACTICABLE BUT IN ANY
 EVENT NOT LATER THAN TWENTY-FIVE DAYS BEFORE A GENERAL ELECTION IN  THAT
 YEAR.  A  voter who submits a military ballot application shall be enti-
 tled 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.
   § 6. Subdivision 1 of section 10-114 of the election law,  as  amended
 by chapter 165 of the laws of 2009, is amended to read as follows:
   1. The board of elections shall cause all military ballots received by
 it  before  the  close  of  the  polls  on  election day and all ballots
 contained in envelopes showing a cancellation mark of the United  States
 postal service or a foreign country's postal service, or showing a dated
 endorsement of receipt by another agency of the United States government
 or  are  signed  and  dated by the voter and one witness thereto, with a
 date which is ascertained to be not later than the day  before  election
 and  received  by  such  board  of  elections  not later than seven days
 following the day of a primary election and not later than thirteen days
 following the day of a general or special election to be cast and count-
 ed. NOTWITHSTANDING THE FOREGOING PROVISIONS OF  THIS  SECTION,  IN  ANY
 YEAR IN WHICH THERE HAS BEEN A RUN-OFF ELECTION IN THE CITY OF NEW YORK,
 THE  BOARD  OF  ELECTIONS  OF SUCH CITY SHALL CAUSE ALL MILITARY BALLOTS
 RECEIVED BY IT BEFORE THE CLOSE OF THE POLLS ON  ELECTION  DAY  AND  ALL
 BALLOTS CONTAINED IN ENVELOPES SHOWING A CANCELLATION MARK OF THE UNITED
 STATES  POSTAL SERVICE OR FOREIGN COUNTRY'S POSTAL SERVICE, OR SHOWING A
 DATED ENDORSEMENT OF RECEIPT BY ANOTHER  AGENCY  OF  THE  UNITED  STATES
 GOVERNMENT OR ARE SIGNED AND DATED BY THE VOTER AND ONE WITNESS THERETO,
 WITH  A  DATE  WHICH  IS ASCERTAINED TO BE NOT LATER THAN THE DAY BEFORE
 ELECTION DAY AND RECEIVED BY SUCH BOARD  OF  ELECTIONS  NOT  LATER  THAN
 TWENTY  DAYS  FOLLOWING THE DAY OF A GENERAL ELECTION IN THAT YEAR TO BE
 CAST AND COUNTED.
   § 7. This act shall take effect immediately.