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-
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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]
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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
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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
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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.
