The New York State Senate

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

    S. 1103                                                   A. 779

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 10, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens.  STEWART-COUSINS, ADDABBO, BAILEY,
  BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANAR-
  IS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
  KENNEDY, KRUEGER, LIU,  MARTINEZ,  MAY,  MAYER,  METZGER,  MONTGOMERY,
  MYRIE,  PARKER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS, SAVINO,
  SEPULVEDA, SERRANO,  SKOUFIS,  STAVISKY,  THOMAS  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Elections

IN ASSEMBLY -- Introduced by M. of A. LAVINE, HEASTIE, BRONSON,  PAULIN,
  DenDEKKER,  GOTTFRIED,  ORTIZ,  HEVESI,  DINOWITZ,  McDONALD, SIMOTAS,
  L. ROSENTHAL,  STIRPE,  ABINANTI,  BARRETT,  FAHY,  BRABENEC,   GALEF,
  WEPRIN,  ROZIC,  BLAKE,  BURKE,  CARROLL,  CRUZ, EICHENSTEIN, EPSTEIN,
  FALL, GLICK, GRIFFIN, JACOBSON, LIFTON, McMAHON, OTIS, ROMEO,  THIELE,
  WEINSTEIN  --  Multi-Sponsored  by  -- M. of A. BENEDETTO, BRAUNSTEIN,
  BUCHWALD, LENTOL, LUPARDO, MAGNARELLI, B. MILLER, RODRIGUEZ, SANTABAR-
  BARA, SIMON, ZEBROWSKI -- read once and referred to the  Committee  on
  Election Law

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

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

                                                           LBD04591-04-9

S. 1103                             2                             A. 779

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
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-

S. 1103                             3                             A. 779

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.
  § 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

S. 1103                             4                             A. 779

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.
  § 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 3 of the laws of 2018, 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 primary
will not be held on the first Tuesday after the second Monday in Septem-
ber, the communication shall contain a conspicuous notice in all capital
letters and bold font notifying the voter of the primary  date.  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  communication  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 physically disabled voter whose polling place is  not  accessible
may  request  that  his  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 regis-

S. 1103                             5                             A. 779

tration  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 infor-
mation  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 communi-
cation.
  § 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

S. 1103                             6                             A. 779

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
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]

S. 1103                             7                             A. 779

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
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

S. 1103                             8                             A. 779

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-
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

S. 1103                             9                             A. 779

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
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

S. 1103                            10                             A. 779

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
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,

S. 1103                            11                             A. 779

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
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 immediately.