|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Mar 12, 2019 |
print number 1510b |
| Mar 12, 2019 |
amend (t) and recommit to finance |
| Feb 19, 2019 |
print number 1510a |
| Feb 19, 2019 |
amend (t) and recommit to finance |
| Jan 18, 2019 |
referred to finance |
Senate Bill S1510B
2019-2020 Legislative Session
Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2019-2020;
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2019-S1510 - Details
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1510 - Summary
Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2019-2020; enacts the Voter Enfranchisement Modernization Act of 2019 (Part C); relates to providing uniform polling hours during primary elections (Part I); relates to government vendor contributions, no such contribution shall be made during the restricted vendor contribution period if such vendor has submitted a bid, quotation, offer or response to such state governmental entity (Part K)
2019-S1510 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1510 A. 2010
S E N A T E - A S S E M B L Y
January 18, 2019
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the election law, in relation to requiring certain
candidates to disclose tax returns (Part A); to amend the election
law, in relation to establishing contribution limits and a public
campaign financing system; to amend the state finance law, in relation
to establishing the New York state campaign finance fund; and to amend
the tax law, in relation to establishing a New York state campaign
finance fund checkoff (Part B); to amend the election law, in relation
to enacting the Voter Enfranchisement Modernization Act of 2019; in
relation to establishing the electronic personal voter registration
process (Part C); to amend the election law, in relation to early
voting implementation (Part D); 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 election law, in relation to date of primary elections;
to amend the election law, in relation to canvass and audit of
returns; and to amend the public officers law, in relation to filling
vacancies in elective offices (Subpart A); 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 (Subpart B)(Part E); to amend the election law, in
relation to political contributions by limited liability companies
(Part F); to amend the election law, in relation to integrated
personal voter registration applications (Part G); to amend the
election law, in relation to time allowed for employees to vote (Part
H); to amend the election law, in relation to providing uniform poll-
ing hours during primary elections (Part I); to amend the election
law, in relation to providing for the pre-registration of voters (Part
J); to amend the election law, in relation to prohibiting vendors
engaged in procurements with the state from making campaign contrib-
utions to elected officials (Part K); to amend the election law, in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12575-01-9
S. 1510 2 A. 2010
relation to implementing automatic voter registration updates for any
voter who moves anywhere within the state (Part L); to amend the
election law, in relation to prohibiting certain loans to be made to
candidates or political committees (Part M); to amend the election
law, in relation to authorizing computer generated registration lists;
in relation to the list of supplies to be delivered to poll sites
(Part N); to amend the legislative law, in relation to disclosing
lobbyist filing of campaign contributions, solicitations of contrib-
utions, and political consulting reports (Part O); to amend the legis-
lative law, in relation to prohibiting lobbyists from engaging in
political consulting for candidates for and holders of state office
and prohibiting certain political consultants from engaging in lobby-
ing; and to amend the election law, in relation to requiring the
reporting of the provision of political consulting services (Part P);
to amend the executive law, in relation to disclosure requirements for
certain nonprofits (Part Q); to amend the legislative law, in relation
to lowering the monetary disclosure threshold for lobbyists to report
prior relationships with agencies or elected officials and to file
statements of registration (Part R); to amend the legislative law to
increase penalties for lobbyists who are convicted of a crime (Part
S); to amend the public officers law, in relation to increasing the
length of the existing bar on the appearance and practice of former
state officers or employees, members of the legislature and members of
the executive chamber (Part T); to amend the civil service law, in
relation to prohibiting staff of elected state officials to perform
volunteer services for the election campaigns of such officials (Part
U); to amend the executive law and the general municipal law, in
relation to requiring the financial disclosures of certain local offi-
cials (Part V); to amend the legislative law, in relation to creating
and enforcing a code of conduct for lobbyists (Part W); and to amend
the election law, in relation to motor vehicle voter registration; and
to repeal section 5-212 of the election law relating thereto (Part X)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through X. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part,
including the effective date of the Part, which makes reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. The election law is amended by adding a new section 6-170
to read as follows:
§ 6-170. DISCLOSURE OF TAX RETURNS BY CANDIDATES FOR PUBLIC OFFICE. 1.
NOT LATER THAN SIXTY DAYS BEFORE A GENERAL ELECTION, ANY CANDIDATE FOR
THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
S. 1510 3 A. 2010
TROLLER, STATE SENATOR, AND MEMBER OF THE ASSEMBLY, OTHER THAN A WRITE-
IN CANDIDATE, SHALL:
(A) FILE WITH THE STATE BOARD OF ELECTIONS COPIES OF THE FEDERAL AND
NEW YORK STATE INCOME TAX RETURNS, OF SUCH CANDIDATE FOR AT LEAST THE
TEN MOST RECENT TAXABLE YEARS FOR WHICH SUCH RETURNS HAVE BEEN FILED IF
SUCH CANDIDATE IS A CANDIDATE FOR STATEWIDE OFFICE, AND FOR AT LEAST THE
FIVE MOST RECENT TAXABLE YEARS FOR WHICH SUCH RETURNS HAVE BEEN FILED IF
SUCH CANDIDATE IS A CANDIDATE FOR STATE SENATOR OR MEMBER OF THE ASSEM-
BLY; AND
(B) PROVIDE WRITTEN CONSENT TO THE COMMISSIONERS OF THE STATE BOARD OF
ELECTIONS, IN SUCH FORM AS SHALL BE PRESCRIBED BY THE STATE BOARD OF
ELECTIONS, FOR THE PUBLIC DISCLOSURE OF SUCH RETURNS PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION.
2. INCOME TAX RETURNS FILED WITH THE STATE BOARD OF ELECTIONS BY A
CANDIDATE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE MADE
PUBLICLY AVAILABLE ON THE WEBSITE OF THE STATE BOARD OF ELECTIONS NO
LATER THAN SEVEN DAYS AFTER SUCH INCOME TAX RETURNS HAVE BEEN FILED,
SUBJECT TO SUCH REDACTION AS MAY BE WARRANTED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
3. PRIOR TO MAKING ANY INCOME TAX RETURN FILED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION PUBLIC, THE STATE BOARD OF ELECTIONS SHALL REDACT
SUCH INFORMATION AS THE BOARD, IN CONSULTATION WITH THE COMMISSIONER OF
TAXATION AND FINANCE OR HIS OR HER DELEGATE, DEEMS APPROPRIATE OR
REQUIRED BY LAW. THE CANDIDATE SHALL BE ENTITLED TO REQUEST THAT THE
BOARD MAKE PARTICULAR REDACTIONS AT THE TIME THAT THE CANDIDATE FILES
THE RETURNS WITH THE BOARD PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE
OF THIS SECTION.
4. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, IF A
CANDIDATE HAS NOT TIMELY FILED WITH THE STATE BOARD OF ELECTIONS THE
INCOME TAX RETURNS AND WRITTEN CONSENT REQUIRED BY SUBDIVISION ONE OF
THIS SECTION, THE NAME OF SUCH CANDIDATE SHALL NOT BE PRINTED UPON THE
OFFICIAL BALLOT FOR THE GENERAL ELECTION.
§ 2. This act shall take effect immediately.
PART B
Section 1. Section 14-100 of the election law is amended by adding two
new subdivisions 18 and 19 to read as follows:
18. "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY WHICH
BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIBUTION
FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE,
OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY OR
MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL NOT
INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE
PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF THE
CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. AS USED
IN THIS SUBDIVISION "CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING
POSTAGE, ENVELOPES OR OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING
THE CONTRIBUTION TO THE ULTIMATE RECIPIENT.
19. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
§ 2. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
amended to read as follows:
S. 1510 4 A. 2010
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE setting forth all the receipts, contributions to and the
expenditures by and liabilities of the committee, and of its officers,
members and agents in its behalf. Such statements shall include the
dollar amount of any receipt, contribution or transfer, or the fair
market value of any receipt, contribution or transfer, which is other
than of money, the name and address of the transferor, contributor,
INTERMEDIARY, or person from whom received, and if the transferor,
contributor, INTERMEDIARY, or person is a political committee; the name
of and the political unit represented by the committee, the date of its
receipt, the dollar amount of every expenditure, the name and address of
the person to whom it was made or the name of and the political unit
represented by the committee to which it was made and the date thereof,
and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
reporting a loan shall have attached to it a copy of the evidence of
indebtedness. Expenditures in sums under fifty dollars need not be
specifically accounted for by separate items in said statements, and
receipts and contributions aggregating not more than ninety-nine
dollars, from any one contributor need not be specifically accounted for
by separate items in said statements, provided however, that such
expenditures, receipts and contributions shall be subject to the other
provisions of section 14-118 of this [article] TITLE.
§ 3. Subdivision 3 of section 14-124 of the election law, as amended
by section 1 of part B of chapter 286 of the laws of 2016, is amended to
read as follows:
3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH
CONTRIBUTOR IN EACH YEAR; PROVIDED THAT SUCH MONIES DESCRIBED IN THIS
SUBDIVISION SHALL BE DEPOSITED IN A SEGREGATED ACCOUNT.
§ 4. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof[;
provided, however, that]. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN
EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN SIXTY DAYS OF
RECEIPT. IF SUCH CONTRIBUTION OR LOAN WOULD NOT OTHERWISE BE REPORTED
WITHIN SIXTY DAYS OF RECEIPT ON THE NEXT APPLICABLE STATEMENT, THEN THE
CONTRIBUTION OR LOAN SHALL BE SEPARATELY REPORTED WITHIN SIXTY DAYS OF
RECEIPT IN THE SAME MANNER AS ANY OTHER CONTRIBUTION OR LOAN. HOWEVER,
S. 1510 5 A. 2010
any contribution or loan in excess of one thousand dollars, if received
after the close of the period to be covered in the last statement filed
before any primary, general or special election but before such
election, shall be reported, in the same manner as other contributions,
within twenty-four hours after receipt.
§ 5. The article heading of article 14 of the election law is amended
to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
§ 6. Subdivisions 1 and 10 of section 14-114 of the election law,
subdivision 1 as amended and subdivision 10 as added by chapter 79 of
the laws of 1992 and paragraphs a and b of subdivision 1 as amended by
chapter 659 of the laws of 1994, are amended to read as follows:
1. The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions, and to all contributions to
political committees working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO
TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than: (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not [less than four thousand
dollars nor] more than [twelve] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision,] and (ii) in the case of any election to [a] SUCH
public office, [twenty-five] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision]; provided however, that the maximum amount which may
be so contributed or accepted, in the aggregate, from any candidate's
child, parent, grandparent, brother and sister, and the spouse of any
such persons, shall not exceed in the case of any nomination to public
office an amount equivalent to the product of the number of enrolled
voters in the candidate's party in the state, excluding voters in inac-
tive status, multiplied by $.025, and in the case of any election for a
public office, an amount equivalent to the product of the number of
registered voters in the state excluding voters in inactive status,
multiplied by $.025.
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO TITLE
TWO OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT
SYSTEM) and no SUCH candidate or political committee may accept any
contribution from any contributor, which is in the aggregate amount
greater than: (i) in the case of any election for party position, or for
nomination to public office, the product of the total number of enrolled
voters in the candidate's party in the district in which he is a candi-
date, excluding voters in inactive status, multiplied by $.05, and (ii)
in the case of any election for a public office, the product of the
total number of registered voters in the district, excluding voters in
S. 1510 6 A. 2010
inactive status, multiplied by $.05, [however in the case of a nomi-
nation within the city of New York for the office of mayor, public advo-
cate or comptroller, such amount shall be not less than four thousand
dollars nor more than twelve thousand dollars as increased or decreased
by the cost of living adjustment described in paragraph [c] E of this
subdivision; in the case of an election within the city of New York for
the office of mayor, public advocate or comptroller, twenty-five thou-
sand dollars as increased or decreased by the cost of living adjustment
described in paragraph [c] E of this subdivision;] in the case of a
nomination OR ELECTION for state senator, four thousand dollars [as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; in the case of an election for state
senator, six thousand two hundred fifty dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision]; in the case of an election or nomination for a member
of the assembly, [twenty-five hundred] TWO THOUSAND dollars [as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; but in no event shall any such maximum
exceed fifty thousand dollars or be less than one thousand dollars];
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent, grand-
parent, brother and sister, and the spouse of any such persons, shall
not exceed in the case of any election for party position or nomination
for public office an amount equivalent to the number of enrolled voters
in the candidate's party in the district in which he is a candidate,
excluding voters in inactive status, multiplied by $.25 and in the case
of any election to public office, an amount equivalent to the number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-
ty thousand dollars, whichever is greater, or in the case of a nomi-
nation or election of a member of the assembly, twelve thousand five
hundred dollars, whichever is greater, but in no event shall any such
maximum exceed one hundred thousand dollars.
C. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:
(I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH
AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC
OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM
AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
S. 1510 7 A. 2010
D. IN ANY OTHER ELECTION FOR PARTY POSITION OR FOR ELECTION TO A
PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
IN THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY
$.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
DOLLARS, WHICHEVER IS GREATER, OR IN THE CASE OF A NOMINATION OR
ELECTION OF A MEMBER OF THE ASSEMBLY, TWELVE THOUSAND FIVE HUNDRED
DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
EXCEED ONE HUNDRED THOUSAND DOLLARS.
E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-TWO, the state board shall
determine the percentage of the difference between the most recent
available monthly consumer price index for all urban consumers published
by the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount of
each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
this subdivision shall be adjusted by the amount of such percentage
difference to the closest one hundred dollars by the state board which,
not later than the first day of February in each such year, shall issue
a regulation publishing the amount of each such contribution limit. Each
contribution limit as so adjusted shall be the contribution limit in
effect for any election held before the next such adjustment.
F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
S. 1510 8 A. 2010
(I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
(II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
10. [a.] No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
[b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most recent available monthly consumer
price index for all urban consumers published by the United States
bureau of labor statistics and such consumer price index published for
the same month four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next such
adjustment.]
§ 7. Sections 14-100 through 14-132 of article 14 of the election law
are designated title I and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
§ 8. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
14-200-A. DEFINITIONS.
14-201. REPORTING REQUIREMENTS.
14-202. CONTRIBUTIONS.
14-203. PROOF OF COMPLIANCE.
14-204. ELIGIBILITY.
14-205. LIMITS ON PUBLIC FINANCING.
14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN
EXPENDITURES.
14-208. POWERS AND DUTIES OF THE BOARD.
14-209. AUDITS AND REPAYMENTS.
14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
14-211. REPORTS.
14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
14-213. SEVERABILITY.
S. 1510 9 A. 2010
§ 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS
THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
PROCESS.
THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH
VOTERS.
THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER THE GOVERNMENT'S INTEREST IN REDUCING REAL AND APPARENT
CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC-
IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM
REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
§ 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
S. 1510 10 A. 2010
5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
PARENT.
10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
THE ULTIMATE RECIPIENT.
11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A RESIDENT IN THE STATE OF NEW YORK TO A PARTICIPATING
CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE BOARD IN ACCORDANCE
WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY THE CANDIDATE'S
AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE DAY OF
THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL ELECTION. ANY
CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIBUTION DETERMINED
TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT BE TREATED AS A
MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
(V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
(VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VII) ILLEGAL CONTRIBUTIONS;
(VIII) CONTRIBUTIONS FROM MINORS;
(IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
S. 1510 11 A. 2010
(X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
MEMBER OF THE ASSEMBLY, WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED COMMITTEES.
§ 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
14-112 OF THIS ARTICLE.
3. (A) DETAILED REPORTING. IN ADDITION TO EACH AUTHORIZED AND POLI-
TICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN
RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND MANNER PRESCRIBED BY
SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE, EACH AUTHORIZED AND
POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE REPORTS ON MARCH
FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE BOARD
EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE. FOR
CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE HUNDRED DOLLARS OR MORE,
EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE
OCCUPATION, AND BUSINESS ADDRESS OF EACH CONTRIBUTOR, LENDER, AND INTER-
MEDIARY. THE BOARD SHALL REVISE, PREPARE AND POST FORMS ON ITS WEBPAGE
THAT FACILITATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
(B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN
OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR MATCHABLE
S. 1510 12 A. 2010
CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING
SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
THIS TITLE.
(C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
(D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
§ 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
SECTION 14-114 OF THIS ARTICLE.
§ 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE BOARD ANY INFORMATION IT MAY REQUEST
RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE AS MAY BE
REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH RECORDS FOR A
PERIOD OF FIVE YEARS.
§ 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE BOARD;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
(F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
WITH HIS OR HER NOMINATION ELECTION OR ELECTION TO A COVERED OFFICE, BUT
MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM
AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS
SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION;
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD;
(I) AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION PRIOR TO
THE FIRST DAY OF THE ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS
CERTIFICATION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN
ANY WAY, ANY CANDIDATE OR PUBLIC OFFICIAL FROM EXPENDING ANY PORTION OF
PRE-EXISTING CAMPAIGN FUNDS FOR ANY LAWFUL PURPOSE OTHER THAN THOSE
RELATED TO HIS OR HER CAMPAIGN; AND
S. 1510 13 A. 2010
(J) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPHS A AND
B OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE
ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
(I) PROVIDED HOWEVER, THAT, IF A CANDIDATE ACCEPTED CONTRIBUTIONS
EXCEEDING SUCH LIMITS BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR THE PORTION
OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
(II) IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IMMEDIATELY
BECAUSE THEY HAVE ALREADY BEEN SPENT, ACCEPTANCE OF CONTRIBUTIONS
EXCEEDING THE LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO PAY
TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS THAT EXCEEDED THE LIMIT NO
LATER THAN THIRTY DAYS BEFORE THE GENERAL ELECTION. IF A CANDIDATE
PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY DISBURSEMENT OF PUBLIC
FUNDS TO THE CANDIDATE MADE UNDER SECTION 14-206 OF THIS TITLE SHALL BE
REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT OWED
BY THE CANDIDATE IS REPAID.
(III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
DATE WHO RETAINS FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE TO
FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
RETAINED, BUT ONLY IF THE CANDIDATE PLACES THE FUNDS IN ESCROW.
(IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE OR
AN AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE. UNEXPENDED
CONTRIBUTIONS SHALL BE TREATED THE SAME AS CAMPAIGN SURPLUSES UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH.
2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
(I) GOVERNOR, NOT LESS THAN SIX HUNDRED FIFTY THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
(II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
(III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED; AND
(IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN TEN THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCHABLE
CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE
SEAT IS TO BE FILLED.
(B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
(C) THE BOARD SHALL ADJUST THE DOLLAR AMOUNT OF EACH THRESHOLD FOR
ELIGIBILITY FIXED IN THIS SECTION BY THE AMOUNT OF THE PERCENTAGE
DIFFERENCE IN THE CONSUMER PRICE INDEX CALCULATED AND PUBLISHED BY THE
S. 1510 14 A. 2010
BOARD PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF
THIS ARTICLE TO THE CLOSEST ONE HUNDRED DOLLARS. NOT LATER THAN THE
FIRST DAY OF MARCH IN EACH SUCH YEAR, THE BOARD SHALL ISSUE A REGULATION
PUBLISHING THE AMOUNT OF EACH SUCH THRESHOLD FOR ELIGIBILITY. EACH
THRESHOLD FOR ELIGIBILITY AS SO ADJUSTED SHALL BE THE THRESHOLD FOR
ELIGIBILITY IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUST-
MENT. THE ONE HUNDRED SEVENTY-FIVE DOLLAR MAXIMUM AMOUNT FOR THE MATCHA-
BLE CONTRIBUTIONS THAT FUNDS RAISED MUST BE COMPRISED OF TO MEET THE
THRESHOLDS FOR ELIGIBILITY FOR CANDIDATES FIXED IN THIS SECTION SHALL BE
ADJUSTED BY THE AMOUNT OF PERCENTAGE DIFFERENCE TO THE CLOSEST ONE
DOLLAR BY THE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF MARCH IN EACH
SUCH YEAR, SHALL ISSUE A REGULATION PUBLISHING SUCH MAXIMUM AMOUNTS. THE
ONE HUNDRED SEVENTY-FIVE DOLLAR MAXIMUM AMOUNTS AS SO ADJUSTED SHALL BE
IN EFFECT FOR THE NEXT ELECTION CYCLE AFTER THE YEAR THE BOARD PUBLISHES
THE CONTRIBUTION LIMIT ADJUSTMENT AND UNTIL THE NEXT ADJUSTMENT PURSUANT
TO THIS PARAGRAPH.
§ 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
(II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
(III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
(IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS.
2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000
ATTORNEY GENERAL $4,000,000
COMPTROLLER $4,000,000
MEMBER OF SENATE $375,000
MEMBER OF ASSEMBLY $175,000
3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A PARTICIPATING CANDIDATE MAY RECEIVE SUBJECT TO THE
CONTRIBUTION LIMITS FOR PARTICIPATING CANDIDATES CONTAINED IN SECTION
14-114 OF THIS ARTICLE.
5. THE BOARD SHALL ADJUST THE AMOUNT OF EACH PUBLIC FUNDS RECEIPT
LIMIT FIXED IN THIS SECTION BY THE AMOUNT OF THE PERCENTAGE DIFFERENCE
IN THE CONSUMER PRICE INDEX CALCULATED AND PUBLISHED BY THE BOARD PURSU-
ANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE
TO THE CLOSEST ONE HUNDRED DOLLARS. NOT LATER THAN THE FIRST DAY OF
S. 1510 15 A. 2010
MARCH IN EACH SUCH YEAR, THE BOARD SHALL ISSUE A REGULATION PUBLISHING
THE AMOUNT OF SUCH LIMIT. EACH PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED
SHALL BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD
BEFORE THE NEXT SUCH ADJUSTMENT.
§ 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE
ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO
PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED TO THE AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
COVERED ELECTION.
THE BOARD SHALL ADJUST THE MAXIMUM DOLLAR AMOUNT FOR MATCHABLE
CONTRIBUTIONS FIXED IN THIS SUBDIVISION BY THE AMOUNT OF THE PERCENTAGE
DIFFERENCE IN THE CONSUMER PRICE INDEX CALCULATED BY THE BOARD PURSUANT
TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE TO
THE CLOSEST ONE DOLLAR. NOT LATER THAN THE FIRST DAY OF MARCH IN EACH
YEAR THE BOARD MAKES THE CONTRIBUTION LIMIT ADJUSTMENT PURSUANT TO PARA-
GRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE, THE BOARD
SHALL ISSUE A REGULATION PUBLISHING THE AMOUNT OF EACH SUCH MAXIMUM
DOLLAR AMOUNT. THE MAXIMUM DOLLAR AMOUNT AS SO ADJUSTED SHALL BE THE
MAXIMUM DOLLAR AMOUNT IN EFFECT FOR THE NEXT ELECTION CYCLE AFTER THE
YEAR THE BOARD PUBLISHES SUCH CONTRIBUTION LIMIT ADJUSTMENT.
3. TIMING OF PAYMENT. THE BOARD SHALL MAKE ANY PAYMENT OF PUBLIC
MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE.
BUT IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A
CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF
THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A
COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
IT SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
DATES FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF
SUCH PAYMENTS WOULD REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY,
PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL, IN CONSULTATION WITH
THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED COMMITTEE'S BANK ACCOUNT.
5. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THE DAY ORIGINALLY SCHED-
ULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE BOARD SHALL (A)
S. 1510 16 A. 2010
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGI-
BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE
CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
SHALL AUTHORIZE PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE
CANDIDATE.
§ 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
(D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
(J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
DATE; OR
(K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
§ 14-208. POWERS AND DUTIES OF THE BOARD. 1. ADVISORY OPINIONS. THE
BOARD SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF
A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE. THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO
RESPOND TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF
INTERPRETATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE
BOARD AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE
WITH IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE
APPROPRIATE.
2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
S. 1510 17 A. 2010
3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR
COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
5. THE BOARD SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
THIS SECTION.
§ 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. (A) THE BOARD SHALL AUDIT
AND EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS
TITLE AND SHALL COMPLETE SUCH AUDIT NO LATER THAN ONE YEAR AFTER THE
ELECTION IN QUESTION. THIS DEADLINE SHALL NOT APPLY IN CASES INVOLVING
POTENTIAL CAMPAIGN-RELATED FRAUD, KNOWING AND WILLFUL VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER, OR CRIMINAL ACTIVITY.
(B) EVERY PARTICIPATING CANDIDATE FOR STATEWIDE OFFICE WHO RECEIVES
PUBLIC FUNDS UNDER THIS TITLE SHALL BE AUDITED BY THE BOARD.
(C) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE BOARD
SHALL SELECT NOT MORE THAN FIFTY PERCENT OF ALL PARTICIPATING CANDIDATES
IN COVERED ELECTIONS FOR AUDIT THROUGH A LOTTERY. A SEPARATE LOTTERY
SHALL BE CONDUCTED FOR EACH OFFICE. THE BOARD SHALL SELECT SENATE AND
ASSEMBLY DISTRICTS TO BE AUDITED, AUDITING EVERY PARTICIPATING CANDIDATE
IN EACH SELECTED DISTRICT, WHILE ENSURING THAT THE NUMBER OF AUDITED
CANDIDATES WITHIN THOSE DISTRICTS DOES NOT EXCEED FIFTY PERCENT OF ALL
PARTICIPATING CANDIDATES FOR THE RELEVANT OFFICE. THE LOTTERY FOR SENATE
AND ASSEMBLY ELECTIONS SHALL BE WEIGHTED TO INCREASE THE LIKELIHOOD THAT
A DISTRICT FOR THE RELEVANT OFFICE IS AUDITED BASED ON HOW FREQUENTLY IT
HAS NOT BEEN SELECTED FOR AUDITING DURING THE PAST THREE ELECTION
CYCLES. THE BOARD SHALL PROMULGATE RULES CONCERNING THE METHOD OF
WEIGHTING THE SENATE AND ASSEMBLY LOTTERIES, INCLUDING PROVISIONS FOR
THE FIRST THREE ELECTION CYCLES FOR EACH OFFICE.
(D) THE COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE USING PUBLIC FUNDS, PRIVATE FUNDS
OR ANY COMBINATION OF SUCH FUNDS. CANDIDATES WHO RUN IN ANY PRIMARY OR
GENERAL ELECTION MUST MAINTAIN A RESERVE OF THREE PERCENT OF THE PUBLIC
FUNDS RECEIVED TO COMPLY WITH THE POST-ELECTION AUDIT.
(E) THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL AUDIT
REPORT THAT DETAILS ITS FINDINGS.
2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
S. 1510 18 A. 2010
NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT
EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERALLY LIABLE FOR
ANY REPAYMENTS TO THE BOARD.
(C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE
BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. RULES AND REGULATIONS. THE BOARD SHALL PROMULGATE REGULATIONS FOR
THE CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER,
FROM THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
SUCH PAYMENT. THESE REGULATIONS SHALL INCLUDE THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER
RECEIPT OF THE REQUIRED FORMS AND VERIFICATIONS.
§ 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
(A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
(B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION;
(C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST; AND
(D) ANY FORMAL OR INFORMAL ADVISORY OPINION ISSUED BY A MAJORITY VOTE
OF THE COMMISSIONERS OF THE STATE BOARD OF ELECTIONS TO A PARTICIPATING
CANDIDATE IN CONNECTION WITH ANY ACTION UNDER THIS TITLE, WHEN RELIED
UPON IN GOOD FAITH, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR
HIS OR HER COMMITTEE DID NOT KNOWINGLY OR WILLFULLY VIOLATE THE
PROVISIONS OF THIS TITLE.
3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
S. 1510 19 A. 2010
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE CHIEF ENFORCEMENT COUNSEL SHALL SEEK TO
RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL
CONDUCT.
4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
(C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A
SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO
OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD
AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR
TO OBTAIN SUCH AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMIT-
TEE AFTER A HEARING AT THE BOARD.
(D) THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A SPECIAL
PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD
PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEAR-
ING AT THE BOARD.
§ 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY-ONE, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS
APPROPRIATE. THESE REPORTS SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
§ 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD
SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
S. 1510 20 A. 2010
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
IPATE IN SUCH DEBATES.
§ 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
§ 9. The state finance law is amended by adding a new section 92-t to
read as follows:
§ 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (H) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE
GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO
RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
5. COMMENCING IN TWO THOUSAND TWENTY, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
PETITIONS OR CERTIFICATES OF NOMINATION HAVE BEEN FILED AND NOT LATER
THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
S. 1510 21 A. 2010
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
§ 10. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY, GENERAL OR SPECIAL
ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-
TWO-T OF THIS ARTICLE.
§ 11. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
(H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,
EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
OF DESIGNATIONS.
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, FOR SUCH TAXPAYER TO MAKE
THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH
RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
OPTIONAL DESIGNATIONS.
§ 12. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section three of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
S. 1510 22 A. 2010
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 13. This act shall take effect immediately; provided, however, all
affected candidates will be eligible to participate in voluntary public
financing beginning with the 2020 primary election.
PART C
Section 1. Short title. This act shall be known as and may be cited as
the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
§ 2. Declaration of Legislative Intent. The right to vote is a funda-
mental right, the well-spring of all others, secured by the federal and
state constitutions. On-line forms of communication and conducting tran-
sactions did not exist at the time New York's paper-based voter regis-
tration system was enacted. In the last twenty years, many paper-based
processes have migrated to on-line processes, including filing tax
returns, applying for social security benefits, routine banking trans-
actions, official communications and purchase transactions of all types.
This on-line migration has improved cost efficiency, increased accessi-
bility and provided greater convenience to the public in many contexts.
The predominantly paper-based voter registration application process in
New York is antiquated and must be supplemented with on-line voter
registration. To remove unnecessary burdens to the fundamental right of
the people to vote, the State Board of Elections shall establish the
Voter Enfranchisement Modernization Program for the purpose of increas-
ing opportunities for voter registration by any person who is qualified
to be a voter under Article II of the New York State Constitution. This
effort modernizes voter registration and supplements the methods of
voter registration provided under current law.
§ 3. Article 5 of the election law is amended by adding a new title 8
to read as follows:
TITLE VIII
ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
5-802. ONLINE VOTER REGISTRATION APPLICATION.
5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT
REGISTRATION.
§ 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. IN ADDITION
TO ANY OTHER MEANS OF VOTER REGISTRATION PROVIDED FOR BY THIS CHAPTER,
THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY
TO REGISTER TO VOTE ONLINE. THE STATE BOARD OF ELECTIONS SHALL ELEC-
TRONICALLY TRANSMIT SUCH APPLICATIONS TO THE APPLICABLE BOARD OF
ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING
AND VERIFICATION CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH TECH-
NICAL SPECIFICATIONS PROVIDED BY THE STATE BOARD OF ELECTIONS, EACH
BOARD OF ELECTIONS SHALL MAINTAIN A VOTER REGISTRATION SYSTEM CAPABLE OF
RECEIVING AND PROCESSING VOTER REGISTRATION APPLICATION INFORMATION,
INCLUDING ELECTRONIC SIGNATURES, FROM THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED BY THE STATE BOARD OF ELECTIONS. NOTWITH-
STANDING ANY OTHER INCONSISTENT PROVISION OF THIS CHAPTER, APPLICATIONS
FILED USING SUCH SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE
BOARD OF ELECTIONS ON THE CALENDAR DATE THE APPLICATION IS INITIALLY
TRANSMITTED BY THE VOTER THROUGH THE ELECTRONIC VOTER REGISTRATION TRAN-
SMITTAL SYSTEM.
S. 1510 23 A. 2010
§ 5-802. ONLINE VOTER REGISTRATION APPLICATION. 1. A VOTER SHALL BE
ABLE TO APPLY TO REGISTER TO VOTE USING A PERSONAL ONLINE VOTER REGIS-
TRATION APPLICATION SUBMITTED THROUGH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM WHEN THE VOTER:
(A) COMPLETES AN ELECTRONIC VOTER REGISTRATION APPLICATION PROMULGATED
BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE ALL OF THE VOTER
REGISTRATION INFORMATION REQUIRED BY SECTION 5-210 OF THIS ARTICLE; AND
(B) AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE VOTER REGISTRA-
TION APPLICATION IS TRUE AND THAT THE APPLICANT MEETS ALL OF THE QUALI-
FICATIONS TO BECOME A REGISTERED VOTER; AND
(C) CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE INDIVIDUAL'S
MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
CLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIGNATED BY
SECTIONS 5-211 OR 5-212 OF THIS ARTICLE, AS THE INDIVIDUAL'S VOTER
REGISTRATION EXEMPLAR SIGNATURE, OR PROVIDES SUCH A SIGNATURE BY DIRECT
UPLOAD IN A MANNER THAT COMPLIES WITH THE NEW YORK STATE ELECTRONIC
SIGNATURE AND RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY
THE STATE BOARD OF ELECTIONS.
2. THE BOARD OF ELECTIONS SHALL PROVIDE THE PERSONAL ONLINE VOTER
REGISTRATION APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
3. THE ONLINE VOTER REGISTRATION APPLICATION PROCESS SHALL PROVIDE
REASONABLE ACCOMMODATIONS TO IMPROVE ACCESSIBILITY FOR PERSONS WITH
DISABILITIES, AND SHALL BE COMPATIBLE FOR USE WITH STANDARD ONLINE
ACCESSIBILITY ASSISTANCE TOOLS FOR PERSONS WITH VISUAL, PHYSICAL OR
PERCEPTIVE DISABILITIES.
4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
FOR THE CREATION AND ADMINISTRATION OF AN ONLINE VOTER REGISTRATION
SYSTEM PURSUANT TO THIS SECTION.
§ 5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. 1. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED
BY AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE, THE LOCAL BOARD SHALL SEEK TO OBTAIN SUCH EXEMPLAR SIGNATURE
FROM THE STATEWIDE VOTER REGISTRATION DATABASE, THE STATE BOARD OF
ELECTIONS, OR A STATE OR LOCAL AGENCY DESIGNATED BY SECTION 5-211 OR
5-212 OF THIS ARTICLE.
2. IF SUCH EXEMPLAR SIGNATURE IS NOT AVAILABLE FROM THE STATEWIDE
VOTER REGISTRATION DATABASE, THE STATE BOARD OF ELECTIONS, OR A STATE OR
LOCAL AGENCY DESIGNATED BY SECTION 5-211 OR 5-212 OF THIS ARTICLE, THE
LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
S. 1510 24 A. 2010
§ 4. This act shall take effect on the earlier occurrence of: (i)
two years after it shall have become a law; provided, however, the state
board of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act immediate-
ly; or (ii) five days after the date of certification by the state board
of elections that the information technology infrastructure to substan-
tially implement this act is functional. Provided, further that the
state board of elections shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
PART D
Section 1. Section 3-400 of the election law is amended by adding a
new subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS ARTICLE,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
PARTIES. THE BOARD OF ELECTIONS SHALL ASSIGN STAFF AND PROVIDE THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
§ 2. Section 4-117 of the election law is amended by adding a new
subdivision 1-a to read as follows:
1-A. THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
INCLUDE THE DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR THE GENERAL
AND PRIMARY ELECTION. THE BOARD OF ELECTIONS MAY SATISFY THE NOTICE
REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A WEBSITE OF THE
BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
MATION.
§ 3. Subdivision 2 of section 8-100 of the election law, as amended by
chapter 367 of the laws of 2017, is amended to read as follows:
2. Polls shall be open for voting during the following hours: a prima-
ry election from twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
city or county from six o'clock in the morning until nine o'clock in the
evening; the general election from six o'clock in the morning until nine
o'clock in the evening; a special election called by the governor pursu-
ant to the public officers law, and, except as otherwise provided by
law, every other election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN
SECTION 8-600 OF THIS ARTICLE.
§ 4. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
(K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
S. 1510 25 A. 2010
SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
§ 5. Section 8-104 of the election law is amended by adding a new
subdivision 7 to read as follows:
7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
IN SECTION 8-600 OF THIS ARTICLE.
§ 6. Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge. If no voters are chal-
lenged, the board of inspectors shall enter the words "No Challenges"
across the space reserved for such names. In lieu of preparing section
two of the challenge report, the board of elections may provide, next to
the name of each voter on the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section two, or provide at the end of such comput-
er generated registration list, a place for the inspectors of election
to enter such information.
§ 7. Article 8 of the election law is amended by adding a new title 6
to read as follows:
TITLE VI
EARLY VOTING
SECTION 8-600. EARLY VOTING.
8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY
VOTING.
§ 8-600. EARLY VOTING. 1. BEGINNING THE THIRTEENTH DAY PRIOR TO ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL ELECTION FOR SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
AS PROVIDED IN THIS TITLE. THE BOARD OF ELECTIONS SHALL ESTABLISH
PROCEDURES, WHICH SHALL BE CONSISTENT WITH THIS CHAPTER AND THE REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE
DURING THE EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSE-
QUENTLY IN THE SAME ELECTION.
2. (A) THE BOARD OF ELECTIONS SHALL DESIGNATE POLLING PLACES FOR EARLY
VOTING IN EACH COUNTY, WHICH MAY INCLUDE THE OFFICES OF THE BOARD OF
ELECTIONS, FOR PERSONS TO VOTE EARLY PURSUANT TO THIS SECTION. THERE
SHALL BE SO DESIGNATED AT LEAST ONE EARLY VOTING POLLING PLACE FOR EVERY
FULL INCREMENT OF FIFTY THOUSAND REGISTERED VOTERS IN EACH COUNTY;
PROVIDED, HOWEVER, THE NUMBER OF EARLY VOTING POLLING PLACES IN A COUNTY
SHALL NOT BE REQUIRED TO BE GREATER THAN SEVEN, AND A COUNTY WITH FEWER
THAN FIFTY THOUSAND VOTERS SHALL HAVE AT LEAST ONE EARLY VOTING POLLING
PLACE.
(B) THE BOARD OF ELECTIONS MAY ESTABLISH ADDITIONAL POLLING PLACES FOR
EARLY VOTING IN EXCESS OF THE MINIMUM NUMBER REQUIRED BY THIS SUBDIVI-
SION FOR THE CONVENIENCE OF ELIGIBLE VOTERS WISHING TO VOTE DURING THE
EARLY VOTING PERIOD.
(C) NOTWITHSTANDING THE MINIMUM NUMBER OF EARLY VOTING POLL SITES
OTHERWISE REQUIRED BY THIS SUBDIVISION, FOR ANY PRIMARY OR SPECIAL
ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS, THE NUMBER OF
EARLY VOTING SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
S. 1510 26 A. 2010
DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE NEEDS OF
EARLY VOTERS.
(D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE EQUITABLE ACCESS TO SUCH
POLLING PLACES, TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL
TIME TO THE POLLING PLACE, PROXIMITY TO OTHER EARLY VOTING POLLING PLAC-
ES, COMMONLY USED TRANSPORTATION ROUTES, PUBLIC TRANSPORTATION, AND SUCH
OTHER FACTORS THE BOARD OF ELECTIONS DEEMS APPROPRIATE. THE PROVISIONS
OF SECTION 4-104 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR AND FIVE OF
SUCH SECTION, SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY
VOTING EXCEPT TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS
SECTION.
3. ANY PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
(I) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING
ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
OR (II) IF PERMITTING SUCH PERSONS TO VOTE EARLY AT ANY POLLING PLACE
ESTABLISHED FOR EARLY VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
SUCH VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH ELECTION, THE
BOARD OF ELECTIONS MAY DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE COUNTY TO
BE SERVED BY SUCH POLLING PLACE FOR EARLY VOTING, PROVIDED THAT ALL
VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE POLLING PLACES AT WHICH
THEY ARE ELIGIBLE TO VOTE THROUGHOUT THE EARLY VOTING PERIOD ON A
SUBSTANTIALLY EQUAL BASIS.
4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SEVEN O'CLOCK IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
(B) AT LEAST ONE POLLING PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
CALENDAR WEEK DURING THE EARLY VOTING PERIOD. IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, POLLING PLACES THAT REMAIN OPEN UNTIL
EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE
EARLY MAY VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
DAYS DURING THE EARLY VOTING PERIOD.
(C) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST FIVE HOURS
BETWEEN NINE O'CLOCK IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
OF ELECTIONS FROM ESTABLISHING A GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
THIS SUBDIVISION.
(E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING AT A GENERAL ELECTION SHALL BE DESIGNATED PURSUANT TO SUBDIVISION
ONE OF SECTION 4-104 OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISION ONE OF SECTION 4-104 OF THIS CHAPTER REQUIRING POLL SITE
DESIGNATION BY MAY FIRST, EARLY VOTING POLLING PLACES AND THEIR HOURS OF
OPERATION FOR EARLY VOTING FOR A PRIMARY OR SPECIAL ELECTION SHALL BE
MADE NOT LATER THAN FORTY-FIVE DAYS BEFORE SUCH PRIMARY OR SPECIAL
ELECTION.
5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY. SUCH PLAN MAY UTILIZE
ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
S. 1510 27 A. 2010
EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ELECTION DAY; AND IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
POLITICAL SUBDIVISION.
6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
THE SAME MANNER AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE POLLS ON ELECTION DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
OF POLLS ON ELECTION DAY.
7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
CLE.
8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT ANY
BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS PURSU-
ANT TO SUCH SECTION SHALL BE SCANNED AT THE CLOSE OF EACH DAY'S EARLY
VOTING.
9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
THE CLOSE OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON AS THE
POLLS OF THE ELECTION ARE CLOSED ON ELECTION DAY, AND NOT BEFORE,
INSPECTORS OR BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT
PROVISIONS OF ARTICLE NINE OF THIS CHAPTER THAT ARE NOT INCONSISTENT
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS OF VOTING AT POLLING PLACES FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
10. THIS TITLE SHALL NOT APPLY TO VILLAGE ELECTIONS CONDUCTED PURSUANT
TO ARTICLE FIFTEEN AND TITLE TWO OF ARTICLE SIX OF THIS CHAPTER.
§ 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE
PROVISIONS OF THIS TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS TO ENSURE THAT BALLOTS CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION DAY. THE
STATE BOARD OF ELECTIONS SHALL PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED, FURTHER, THAT SUCH
RULES AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR
EACH VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY
VOTING BY SUCH VOTER.
§ 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to any
election held 120 days or more after it shall have taken effect.
S. 1510 28 A. 2010
PART E
Section 1. This part enacts into law major components of legislation
relating to elections. Each component is wholly contained within a
Subpart identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this part sets forth the general effective date of this part.
SUBPART A
Section 1. Subdivision 1 of section 1-106 of the election law, as
amended by chapter 700 of the laws of 1977, is amended to read as
follows:
1. All papers required to be filed pursuant to the provisions of this
chapter shall, unless otherwise provided, be filed between the hours of
nine A.M. and five P.M. If the last day for filing shall fall on a
Saturday, Sunday or legal holiday, the next business day shall become
the last day for filing. All papers sent by mail in an envelope post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL CERTIF-
ICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS OR NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS
TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH THE STATE
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:
S. 1510 29 A. 2010
1. Every board of elections shall, in consultation with each city,
town and village, designate the polling places in each election district
in which the meetings for the registration of voters, and for any
election may be held. The board of trustees of each village in which
general and special village elections conducted by the board of
elections are held at a time other than the time of a general election
shall submit such a list of polling places for such village elections to
the board of elections. A polling place may be located in a building
owned by a religious organization or used by it as a place of worship.
If such a building is designated as a polling place, it shall not be
required to be open for voter registration on any Saturday if this is
contrary to the religious beliefs of the religious organization. In such
a situation, the board of elections shall designate an alternate
location to be used for voter registration. Such polling places must be
designated by [May first] MARCH FIFTEENTH, of each year, and shall be
effective for one year thereafter. Such a list required to be submitted
by a village board of trustees must be submitted at least four months
before each general village election and shall be effective until four
months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so designated. If, within the discretion of the board of elections a
particular polling place so designated is subsequently found to be
unsuitable or unsafe or should circumstances arise that make a desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered to select an alternative meeting place. In the city of New
York, the board of elections shall designate such polling places and
alternate registration places if the polling place cannot be used for
voter registration on Saturdays.
§ 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
S. 1510 30 A. 2010
submitted. If a special election is to be held, such transmittal shall
also give the date of such election.
§ 5. Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
§ 4-110. Certification of primary election candidates; state board of
elections. The state board of elections, not later than [thirty-six]
FIFTY-FIVE days before a primary election, shall certify to each county
board of elections: The name and residence of each candidate to be voted
for within the political subdivision of such board for whom a desig-
nation has been filed with the state board; the title of the office or
position for which the candidate is designated; the name of the party
upon whose primary ballot his OR HER name is to be placed; and the order
in which the names of the candidates are to be printed as determined by
the state board. Where an office or position is uncontested, such
certification shall state such fact.
§ 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
1. The state board of elections, not later than [thirty-six] FIFTY-
FIVE days before a general election, or fifty-three days before a
special election, shall certify to each county board of elections the
name and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish the candidates
of the party or body; and a notation as to whether or not any litigation
is pending concerning the candidacy. Upon the completion of any such
litigation, the state board of elections shall forthwith notify the
appropriate county boards of elections of the results of such liti-
gation.
§ 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,
S. 1510 31 A. 2010
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-
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
S. 1510 32 A. 2010
forwarding address together with the name of each such voter whom the
Postal Service records indicate has moved from the address at which he
is registered without leaving a forwarding address.
§ 11. Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
1. In any town in a county having a population of over seven hundred
fifty thousand inhabitants, as shown by the latest federal decennial or
special population census, party nominations of candidates for town
offices shall be made at the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made by
caucus or primary election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the party candidates
for town offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by the members
of the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule shall
not apply to nor affect a primary held less than four months after a
certified copy of the rule shall have been filed with the board of
elections. After the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent primary.
Such a caucus shall be held no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
§ 12. Subdivisions 1 and 2 of section 6-147 of the election law, as
amended by chapter 434 of the laws of 1984, are amended to read as
follows:
1. The name of a person designated on more than one petition as a
candidate for a party position to be filled by two or more persons shall
be printed on the ballot with the group of candidates designated by the
petition first filed unless such person, in a certificate duly acknowl-
edged by him OR HER and filed with the board of elections not later than
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
S. 1510 33 A. 2010
[eighth] ELEVENTH Thursday preceding the primary election. However,
where a designating petition has been filed and the person named therein
has declined such designation and another person has been designated to
fill the vacancy, then in that event, a petition for an opportunity to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
5. A judicial district convention shall be held not earlier than the
[Tuesday] THURSDAY following the [third Monday in September] FIRST
MONDAY IN AUGUST preceding the general election and not later than [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
6. (A) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than [seven] THIRTY days after the
[fall] primary election, (B) except that a certificate of nomination
for an office which becomes vacant after the seventh day preceding such
primary election shall be filed not later than [fourteen] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a certificate of
party nomination of candidates for elector of president and vice-presi-
dent of the United States shall be filed not later than [fourteen]
SEVENTY-FOUR days after the [fall] primary election, and (D) except
still further that a certificate of party nomination made at a judicial
district convention shall be filed not later than the day after the last
day to hold such convention and the minutes of such convention, duly
certified by the chairman and secretary, shall be filed within seventy-
two hours after adjournment of the convention. A certificate of party
nomination for an office to be filled at a special election shall be
filed not later than ten days following the issuance of a proclamation
of such election.
9. A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than
[twelve] TWENTY-FOUR weeks and not later than [eleven] TWENTY-THREE
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
S. 1510 34 A. 2010
later than sixteen days following the issuance of a proclamation of such
election.
14. A vacancy occurring THREE MONTHS OR MORE before [September twenti-
eth of] THE GENERAL ELECTION IN any year in any office authorized to be
filled at a general election, except in the offices of governor, lieu-
tenant-governor, or United States senator shall be filled at the general
election held next thereafter, unless otherwise provided by the consti-
tution, or unless previously filled at a special election.
§ 14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 17 of the laws of 2007, is amended to read as
follows:
(a) A primary election[, to be known as the fall primary,] shall be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber] JUNE before every general election unless otherwise changed by an
act of the legislature. MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors of president and vice president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first Tuesday in February unless otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
§ 15. Subdivision 1 of section 9-200 of the election law, as amended
by chapter 250 of the laws of 1984, is amended to read as follows:
1. The board of elections shall canvass the returns of primary
elections filed with it. It shall canvass first the votes of the deleg-
ates and alternates to judicial district conventions and complete such
canvass at the earliest time possible. It shall complete the canvass
otherwise within [nine] THIRTEEN days from the day upon which the prima-
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
S. 1510 35 A. 2010
with the numbers as recorded on the return of canvass. The said board or
committee shall also make a recanvass of any election day paper ballots
that have not been scanned and were hand counted pursuant to subdivision
two of section 9-110 of this article and compare the results with the
number as recorded on the return of canvass. The board or committee
shall then recanvass write-in votes, if any, on ballots which were
otherwise scanned and canvassed at polling places on election night. The
board or committee shall validate and prove such sums. Before making
such canvass the board of elections, with respect to each election
district to be recanvassed, shall give notice in writing to the voting
machine custodian thereof, to the state and county chair of each party
or independent body which shall have nominated candidates for the said
general or special election or nominated or elected candidates at the
said primary election and to each individual candidate whose name
appears on the office ballot, of the time and place where such canvass
is to be made; and the state and county chair of each such party or
independent body and each such individual candidate may send a represen-
tative to be present at such recanvass. Each candidate whose name
appears on the official ballot, or his or her representative, shall have
the right personally to examine and make a record of the vote recorded
on the tabulated result tape and any ballots which were hand counted.
§ 17. Subdivision 1 of section 9-211 of the election law, as amended
by chapter 515 of the laws of 2015, is amended to read as follows:
1. Within fifteen days after each general or special election, [and]
within [seven] THIRTEEN days after every primary [or] ELECTION, AND
WITHIN SEVEN DAYS AFTER EVERY village election conducted by the board of
elections, the board of elections or a bipartisan committee appointed by
such board shall audit the voter verifiable audit records from three
percent of voting machines or systems within the jurisdiction of such
board. Such audits may be performed manually or via the use of any auto-
mated tool authorized for such use by the state board of elections which
is independent from the voting system it is being used to audit. Voting
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
S. 1510 36 A. 2010
election through and including the next two regularly scheduled general
elections held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be valid for any
election held within seven days after its receipt. Ballots shall also
be mailed to any qualified military voter who is already registered and
who requests such military ballot from such board of elections in a
letter, which is signed by the voter and received by the board of
elections not later than the seventh day before the election for which
the ballot is requested and which states the address where the voter is
registered and the address to which the ballot is to be mailed. The
board of elections shall enclose with such ballot a form of application
for military ballot. In the case of a primary election, the board shall
deliver only the ballot of the party with which the military voter is
enrolled according to the military voter's registration records. In the
event a primary election is uncontested in the military voter's election
district for all offices or positions except the party position of
member of the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will not receive a
ballot.
§ 19. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 4 of the laws of 2011, is amended to read as follows:
4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than [thirty-two] FORTY-SIX days
before each general or primary election [and forty-five days before
each] OR special election in which such applicant is qualified to vote,
or three days after receipt of such an application, whichever is later,
mail to him or her at the residence address outside the United States
shown in his or her application, a special federal ballot, an inner
affirmation envelope and an outer envelope, or otherwise distribute same
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-
S. 1510 37 A. 2010
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 OR MORE before [September twenti-
eth 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 lieu-
tenant-governor, shall be filled at the general election held next ther-
eafter, unless otherwise provided by the constitution, or unless previ-
ously 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 December 31, 2019.
SUBPART B
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:
S. 1510 38 A. 2010
§ 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
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
S. 1510 39 A. 2010
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.
§ 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
S. 1510 40 A. 2010
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
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 December 31, 2019.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court or competent
jurisdiction to be invalid, such judgement shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
S. 1510 41 A. 2010
to the clause, sentence, paragraph, subdivision, section or subpart
thereof directly involved in the controversy in which such judgement
shall have been rendered. It is hereby declared to be intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of subparts A through B of this part shall
be as specifically set forth in the last section of such subparts.
PART F
Section 1. Section 14-116 of the election law, subdivision 1 as
redesignated by chapter 9 of the laws of 1978, subdivision 2 as amended
by chapter 260 of the laws of 1981, is amended to read as follows:
§ 14-116. Political contributions by certain organizations. 1. No
corporation or joint-stock association doing business in this state,
except a corporation or association organized or maintained for poli-
tical purposes only, shall directly or indirectly pay or use or offer,
consent or agree to pay or use any money or property for or in aid of
any political party, committee or organization, or for, or in aid of,
any corporation, LIMITED LIABILITY COMPANY, joint-stock or other associ-
ation organized or maintained for political purposes, or for, or in aid
of, any candidate for political office or for nomination for such
office, or for any political purpose whatever, or for the reimbursement
or indemnification of any person for moneys or property so used. Any
officer, director, stock-holder, MEMBER, OWNER, attorney or agent of any
corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
violates any of the provisions of this section, who participates in,
aids, abets or advises or consents to any such violations, and any
person who solicits or knowingly receives any money or property in
violation of this section, shall be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section,
any corporation, LIMITED LIABILITY COMPANY, JOINT STOCK ASSOCIATION, or
an organization financially supported in whole or in part[,] by ANY such
[corporation] ENTITY, may make expenditures[, including contributions,
not otherwise prohibited by law, for political purposes, in an amount
not to exceed five thousand dollars in the aggregate in any calendar
year] NOT OTHERWISE PROHIBITED BY LAW FOR POLITICAL PURPOSES IN THE FORM
OF CONTRIBUTIONS TO INDEPENDENT EXPENDITURE COMMITTEES, AND IN THE FORM
OF INDEPENDENT EXPENDITURES MADE AS AN INDEPENDENT EXPENDITURE
COMMITTEE; provided that no public utility shall use revenues received
from the rendition of public service within the state for contributions
for political purposes unless such cost is charged to the shareholders
of such a public service corporation.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 5-211 of the election law, as amended by chapter
659 of the laws of 1994, the section heading and opening paragraph as
amended by chapter 265 of the laws of 2013, and subdivisions 11 and 14
as amended by chapter 200 of the laws of 1996, is amended to read as
follows:
§ 5-211. Agency assisted registration. Each agency designated as a
participating agency under the provisions of this section shall imple-
ment and administer a program of [distribution of] INTEGRATED PERSONAL
S. 1510 42 A. 2010
voter registration [forms] APPLICATIONS pursuant to the provisions of
this section. The following offices which provide public assistance
and/or provide state funded programs primarily engaged in providing
services to persons with disabilities are hereby designated as voter
registration agencies: designated as the state agencies which provide
public assistance are the office of children and family services, the
office of temporary and disability assistance and the department of
health. Also designated as public assistance agencies are all agencies
of local government that provide such assistance. Designated as state
agencies that provide programs primarily engaged in providing services
to people with disabilities are the department of labor, office for the
aging, division of veterans' affairs, office of mental health, office of
vocational and educational services for individuals with disabilities,
commission on quality of care for the mentally disabled, office of
mental retardation and developmental disabilities, commission for the
blind, office of alcoholism and substance abuse services, the office of
the advocate for the disabled and all offices which administer programs
established or funded by such agencies. Additional state agencies desig-
nated as voter registration offices are the department of state and the
division of workers' compensation. Such agencies shall be required to
offer [voter registration forms] INTEGRATED PERSONAL VOTER REGISTRATION
APPLICATIONS to persons upon initial application for services, renewal
or recertification for services and change of address relating to such
services WHETHER ELECTRONICALLY OR ON PAPER. Such agencies shall also
be responsible for providing assistance to applicants in completing
voter registration forms, receiving and transmitting the completed
application form from all applicants who wish to have such form trans-
mitted to the appropriate board of elections. THE AGENCY SHALL TRANSMIT
TO THE STATE BOARD OF ELECTIONS THAT PORTION OF EACH INTEGRATED PERSONAL
VOTER REGISTRATION APPLICATION RECEIVED BY THE AGENCY, WHETHER RECEIVED
ELECTRONICALLY OR ON PAPER, THAT INCLUDES VOTER REGISTRATION INFORMA-
TION. SUCH TRANSMITTAL BY THE AGENCY SHALL OCCUR THROUGH AN INTERFACE
WITH THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM ESTABLISHED
AND MAINTAINED BY THE STATE BOARD OF ELECTIONS. THE STATE BOARD OF
ELECTIONS SHALL ELECTRONICALLY FORWARD SUCH APPLICATION TO THE APPLICA-
BLE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR
FILING, PROCESSING AND VERIFICATION CONSISTENT WITH THIS CHAPTER. The
state board of elections shall, together with representatives of the
department of defense, develop and implement procedures for including
recruitment offices of the armed forces of the United States as voter
registration offices when such offices are so designated by federal law.
The state board shall also make request of the United States Immigration
and Naturalization Service to include applications for registration by
mail with any materials which are given to new citizens. All insti-
tutions of the state university of New York and the city university of
New York, shall, at the beginning of the school year, and again in Janu-
ary of a year in which the president of the United States is to be
elected, provide an application for registration to each student in each
such institution. The state board of elections may, by regulation, grant
a waiver from any or all of the requirements of this section to any
office or program of an agency, if it determines that it is not feasible
for such office or program to administer such requirement.
1. The state board of elections shall adopt such rules and regulations
as may be necessary to carry out the requirements of this section and
shall prepare and distribute to participating agencies written
instructions as to the implementation of the program and shall be
S. 1510 43 A. 2010
responsible for establishing training programs for employees of partic-
ipating agencies involved in such program. The state board of elections
shall provide a toll free telephone to answer registration questions.
2. Strict neutrality with respect to a person's party enrollment shall
be maintained and all persons seeking voter registration forms and
information shall be advised that government services are not condi-
tioned on being registered to vote. No statement shall be made nor any
action taken to discourage the applicant from registering to vote.
3. If a participating agency provides services to a person with a
disability at the person's place of residence, the agency shall offer
the opportunity to complete a voter registration form at such place of
residence.
4. Each participating agency shall provide to each applicant who does
not decline to register to vote the same degree of assistance with
regard to the completion of the registration application form as is
provided by the agency with regard to the completion of its own form
unless the applicant refuses such assistance.
5. Employees of a voter registration agency who provide voter regis-
tration assistance shall not:
(a) seek to influence an applicant's political preference or party
designation;
(b) display any political preference or party allegiance;
(c) make any statement to an applicant or take any action the purpose
or effect of which is to discourage the applicant from registering to
vote; or
(d) make any statement to an applicant or take any action the purpose
or effect of which is to lead the applicant to believe that a decision
to register or not to register has any bearing on the availability of
services or benefits.
6. The state board of elections shall coordinate and monitor the
distribution of voter registration forms by those state agencies,
departments, divisions and offices selected to participate in the
program to maximize the efficient and non partisan distribution of voter
registration information and forms. The board shall also adopt such
rules and regulations as may be necessary to require county boards and
participating agencies to provide the state board with such information
and data as the board deems necessary to assess compliance with this
section and to compile such statistics as may be required by the federal
elections commission.
7. Each participating agency, department, division and office that
makes available INTEGRATED PERSONAL voter registration [forms] APPLICA-
TIONS shall prominently display promotional materials designed and
approved by the state board of elections, informing the public of the
existence of voter registration services.
8. Each participating agency, department, division or office that
makes available INTEGRATED PERSONAL voter registration [forms] APPLICA-
TIONS pursuant to this section shall offer with each application for the
services or assistance of such agency, department, division or office
and with each recertification, renewal or change of address form relat-
ing to such service or assistance, [a registration form together] WHETH-
ER ELECTRONICALLY OR ON PAPER, AN APPLICATION with instructions relating
to eligibility to register and for completing the form [except that
forms used by the department of social services for the initial applica-
tion for services, renewal or recertification for services and change of
address relating to such services shall physically incorporate a voter
registration application in a fashion that permits the voter registra-
S. 1510 44 A. 2010
tion portion of the agency form to be detached therefrom]. Such voter
registration application shall be designed so as to ensure the confiden-
tiality of the source of the application. [Included on] THE VOTER REGIS-
TRATION RELATED PORTION OF each participating agency's INTEGRATED appli-
cation for services or assistance [or on a separate form] shall [be]:
(A) NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE INFORMATION
REQUIRED BY THE PORTION OF THE FORM RELATED TO THE APPLICATION FOR AGEN-
CY SERVICES OR ASSISTANCE AND SHALL REQUIRE ONLY SUCH ADDITIONAL INFOR-
MATION AS WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S
ELIGIBILITY TO REGISTER TO VOTE, PREVENT DUPLICATE REGISTRATION AND TO
ADMINISTER VOTER REGISTRATION AND OTHER PARTS OF THE ELECTION PROCESS;
(B) INCLUDE A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY HIS OR HER
SIGNATURE THAT HE OR SHE MEETS THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
(C) INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
(I) VOTER ELIGIBILITY REQUIREMENTS;
(II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
(III) THAT THE OFFICE WHERE THE APPLICANT APPLIES FOR REGISTRATION
SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION INFORMATION SHALL
BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
(IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
SUCH APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE
INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT
OF MOTOR VEHICLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIG-
NATED BY THIS SECTION OR SECTION 5-212 OF THIS TITLE, AS THE INDIVID-
UAL'S VOTER REGISTRATION EXEMPLAR SIGNATURE IF THE INDIVIDUAL VOTER'S
EXEMPLAR SIGNATURE IS NOT PROVIDED WITH THE VOTER REGISTRATION APPLICA-
TION, OR PROVIDES SUCH A SIGNATURE BY DIRECT UPLOAD IN A MANNER THAT
COMPLIES WITH THE NEW YORK STATE ELECTRONIC SIGNATURE AND RECORDS ACT
AND THE RULES AND REGULATIONS PROMULGATED BY THE STATE BOARD OF
ELECTIONS; AND
(V) IF THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
PURPOSES;
(D) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX, AND YOU
PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE ATTESTED TO
YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
TER TO VOTE.";
(E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY;
[(a) the question, "If you are not registered to vote where you live
now, would you like to apply to register here today?"]
[(b) The statement,] (F) STATE "applying to register or declining to
register to vote will not affect the amount of assistance that you will
be provided by this agency.";
[(c) boxes for the applicant to check to indicate whether the appli-
cant would like to register or decline to register to vote.
(d) the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME."]
S. 1510 45 A. 2010
[(e) the statement,] (G) STATE "If you would like help in filling out
the voter registration application form, we will help you. The decision
whether to seek or accept help is yours. You may fill out the applica-
tion form in private.";
[(f) the statement,] (H) STATE "If you believe that someone has inter-
fered with your right to register or decline to register to vote, your
right to privacy in deciding whether to register or in applying to
register to vote, or your right to choose your own political party or
other political preference, you may file a complaint with the state
board of elections (address and toll free telephone number)."; AND
[(g)] (I) CONTAIN a toll free number at the state board of elections
that can be called for answers to registration questions.
9. AN INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION SUBMITTED TO
AN AGENCY IN PAPER FORMAT SHALL BE TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY
CONVERTING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT FORMAT
FILE WHICH SHALL THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGIS-
TRATION AND ENROLLMENT PURPOSES. THE AGENCY SHALL RETAIN THE COMPLETE
ORIGINAL PAPER APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION SHALL INCLUDE ALL OF THE VOTER REGIS-
TRATION DATA ELEMENTS, INCLUDING SIGNATURE, AND RECORD OF ATTESTATION OF
THE ACCURACY OF THE VOTER REGISTRATION INFORMATION, AND MAY INCLUDE OR
BE ACCOMPANIED BY DATA ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED
BY THE RULES AND REGULATIONS OF THE STATE BOARD OF ELECTIONS. A DIGITAL
IMAGE OF A SIGNATURE SHALL SATISFY THE SIGNATURE REQUIREMENT FOR
PURPOSES OF THIS SUBDIVISION.
10. AN INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION SUBMITTED TO
AN AGENCY IN AN ELECTRONIC FORMAT SHALL BE TRANSMITTED TO THE STATE
BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL
SYSTEM AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS,
INCLUDING SIGNATURE, AND RECORD OF ATTESTATION OF THE ACCURACY OF THE
VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT IMAGES. A
SIGNATURE MAY BE ELECTRONIC FOR PURPOSES OF THIS SUBDIVISION.
11. THE AGENCY SHALL REDACT OR REMOVE FROM THE COMPLETED INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
12. Disclosure of voter registration information, including a declina-
tion to register, by a participating agency, its agents or employees,
for other than voter registration purposes, shall be deemed an unwar-
ranted invasion of personal privacy pursuant to the provisions of subdi-
vision two of section eighty-nine of the public officers law and shall
constitute a violation of this chapter.
[10.] 13. The form containing the declination to register to vote
shall be retained by the recipient agency for the same period of time as
such agency retains the accompanying application for services or for
such shorter period of time as may be approved by the state board of
elections.
[11.] 14. The participating agency shall transmit the completed INTE-
GRATED PERSONAL VOTER REGISTRATION applications [for registration] and
change of address forms to the [appropriate] STATE board of elections
not later than ten days after receipt except that all such completed
applications and forms received by the agency between the thirtieth and
twenty-fifth day before an election shall be transmitted in such manner
and at such time as to assure their receipt by [such] THE APPROPRIATE
board of elections not later than the twentieth day before such
election.
S. 1510 46 A. 2010
[12.] 15. Completed [application forms] INTEGRATED PERSONAL VOTER
REGISTRATION APPLICATIONS, when received by a participating agency not
later than the twenty-fifth day before the next ensuing primary, general
or special election and transmitted by such agency to the [appropriate]
STATE board of elections so that they are received by [such] THE APPRO-
PRIATE board not later than the twentieth day before such election shall
entitle the applicant to vote in such election provided the board deter-
mines that the applicant is otherwise qualified.
[13. The state board of elections shall provide application forms for
use pursuant to this section except that any agency which uses a form
other than such registration form shall be responsible for providing
such form. Forms which vary in design and or content from the form
approved by the state board of elections may only be used with the
approval of such board.
14.] 16. Applications shall be processed by the board of elections in
the manner prescribed by section 5-210 of this title or, if the appli-
cant is already registered to vote from another address in the county or
city, in the manner prescribed by section 5-208 of this title. The board
shall send the appropriate notice of approval or rejection as required
by either subdivision nine of such section 5-210 or subdivision five of
such section 5-208.
[15.] 17. The head of each participating agency shall take all actions
which are necessary and proper for the implementation of this section.
Each agency head shall designate one person within the agency as the
agency voter registration coordinator who will, under the direction of
the state board of elections, be responsible for the voter registration
program in such agency.
[16.] 18. The state board shall develop and distribute public informa-
tion and promotional materials relating to the purposes and implementa-
tion of this program.
[17.] 19. Each agency designated as a participating agency under this
section shall conduct a study and prepare a report to determine the
feasibility, practicality and cost-effectiveness of designing their
agency intake forms to serve also as voter registration forms that
comply with state and federal law. Such study and report shall be
completed by December 1, 1996. Copies of such reports shall be provided
to the governor, the temporary president of the senate, the speaker of
the assembly and the state board of elections. After submission of the
report, participating agencies that determine that it is feasible, prac-
tical and cost-effective to have such forms also serve as voter regis-
tration forms shall do so upon the approval of the state board of
elections. For each agency that determines it is feasible, practical and
cost effective to use agency intake forms that serve also as voter
registration forms, the state board of elections shall approve or disap-
prove such use within six months of the submission of the report by the
agency.
20. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND THE AGENCY APPLICATION BY MEANS OF A SINGLE MANUAL OR ELECTRONIC
SIGNATURE UNLESS THE AGENCY REQUIRES MORE THAN ONE SIGNATURE FOR OTHER
AGENCY PURPOSES.
21. NO APPLICATION FOR VOTER REGISTRATION SHALL BE SUBMITTED IF THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
22. (A) IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED BY
AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE, THE LOCAL BOARD SHALL SEEK TO OBTAIN SUCH EXEMPLAR SIGNATURE
S. 1510 47 A. 2010
FROM THE STATEWIDE VOTER REGISTRATION DATABASE, THE STATE BOARD OF
ELECTIONS, OR A STATE OR LOCAL AGENCY DESIGNATED BY THIS SECTION OR
SECTION 5-212 OF THIS TITLE.
(B) IF SUCH EXEMPLAR SIGNATURE IS NOT AVAILABLE FROM THE STATEWIDE
VOTER REGISTRATION DATABASE, THE STATE BOARD OF ELECTIONS, OR A STATE OR
LOCAL AGENCY DESIGNATED BY THIS SECTION OR SECTION 5-212 OF THIS TITLE,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
23. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE OR
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION AND DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO
VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
(A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION;
(B) SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
ZATION; AND
(C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
24. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE OR
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, WHO THEN EITHER VOTES OR ATTEMPTS TO VOTE IN AN
ELECTION HELD AFTER THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
AND WHO DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT SUBSEQUENTLY VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
(A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
(B) SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
ZATION; AND
(C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
25. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NO AGENCY DESIG-
NATED UNDER THIS SECTION SHALL TRANSMIT TO THE BOARD OF ELECTIONS ANY
APPLICATION FOR REGISTRATION OR PRE-REGISTRATION FOR A PERSON THAT IS,
BY VIRTUE OF DATA MAINTAINED BY THE AGENCY, DEMONSTRABLY INELIGIBLE TO
REGISTER OR PRE-REGISTER TO VOTE BY REASON OF AGE OR NOT BEING A CITIZEN
OF THE UNITED STATES.
26. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THIS SECTION. ALL AGENCY FORMS AND NOTICES
REQUIRED BY THIS SECTION SHALL BE APPROVED BY THE STATE BOARD OF
ELECTIONS. ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
S. 1510 48 A. 2010
PURSUANT TO THIS SECTION SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS, AND NO ADDITION OR ALTERATION TO SUCH FORMS BY A BOARD OF
ELECTIONS SHALL BE MADE WITHOUT APPROVAL OF THE STATE BOARD OF
ELECTIONS.
§ 2. This act shall take effect on the earlier occurrence of: (i) two
years after it shall have become a law; or (ii) five days after the date
of certification by the state board of elections that the information
technology infrastructure to substantially implement this act is func-
tional. Provided, further that the state board of elections shall notify
the legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in this act in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such date.
PART H
Section 1. Section 3-110 of the election law, as renumbered by chapter
234 of the laws of 1976, is amended to read as follows:
§ 3-110. Time allowed employees to vote. 1. [If a] A registered voter
[does not have sufficient time outside of his working hours, within
which to vote at any election, he] may, without loss of pay for up to
[two] THREE hours, take off so much working time as will[, when added to
his voting time outside his working hours,] enable him OR HER to vote AT
ANY ELECTION.
2. [If an employee has four consecutive hours either between the open-
ing of the polls and the beginning of his working shift, or between the
end of his working shift and the closing of the polls, he shall be
deemed to have sufficient time outside his working hours within which to
vote. If he has less than four consecutive hours he may take off so much
working time as will when added to his voting time outside his working
hours enable him to vote, but not more than two hours of which shall be
without loss of pay, provided that he] THE EMPLOYEE shall be allowed
time off for voting only at the beginning or end of his OR HER working
shift, as the employer may designate, unless otherwise mutually agreed.
3. If the employee requires working time off to vote [he] THE EMPLOYEE
shall notify his OR HER employer not [more than ten nor] less than two
working days before the day of the election that he OR SHE requires time
off to vote in accordance with the provisions of this section.
4. Not less than ten working days before every election, every employ-
er shall post conspicuously in the place of work where it can be seen as
employees come or go to their place of work, a notice setting forth the
provisions of this section. Such notice shall be kept posted until the
close of the polls on election day.
§ 2. This act shall take effect immediately.
PART I
Section 1. Subdivision 2 of section 8-100 of the election law, as
amended by chapter 367 of the laws of 2017, is amended to read as
follows:
S. 1510 49 A. 2010
2. Polls shall be open for voting during the following hours: a prima-
ry election from [twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
city or county from] six o'clock in the morning until nine o'clock in
the evening; the general election from six o'clock in the morning until
nine o'clock in the evening; a special election called by the governor
pursuant to the public officers law, and, except as otherwise provided
by law, every other election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN TITLE
SIX OF THIS ARTICLE.
§ 2. This act shall take effect on the first of January after it shall
have become a law and shall apply to any election held 120 days after.
PART J
Section 1. The opening paragraph of paragraph (b) of subdivision 4 of
section 3-212 of the election law, as amended by chapter 79 of the laws
of 1992, is amended to read as follows:
Said annual report, as required by paragraph (a) of this subdivision,
shall include a detailed description of existing programs designed to
enhance voter registration, INCLUDING PRE-REGISTRATION. Such report
shall include a voter registration action plan which details the various
activities and programs of each board, including a description of those
steps which shall be taken in the future to increase registration oppor-
tunities, especially for those identifiable groups of persons histor-
ically underrepresented on the rolls of registered voters; and coordi-
nate voter education programs with school districts, colleges and
universities within the board's jurisdiction including voter registra-
tion of qualified applicants and instructional or extracurricular activ-
ities promoting participation in the electoral process.
§ 2. Paragraph (g) and subparagraphs (vi) and (xi) of paragraph (k) of
subdivision 5 of section 5-210 of the election law, as amended by chap-
ter 179 of the laws of 2005, are amended to read as follows:
(g) Notice that the applicant must be a citizen of the United States,
is [or will be] at least [eighteen] SIXTEEN years old [not later than
December thirty-first of the calendar year in which he or she
registers], and IS a resident of the county or city to which application
is made.
(vi) A space for the applicant to answer the question ["Will you be 18
years of age on or before election day?"] "ARE YOU AT LEAST 16 YEARS
OLD?" and the statement "If you checked "no" in response to this ques-
tion, do not complete this form [unless you will be 18 by the end of the
year]."
(xi) A place for the applicant to execute the form on a line which is
clearly labeled "signature of applicant" preceded by the following
specific form of affirmation:
AFFIDAVIT: I swear or affirm that:
* I am a citizen of the United States.
* I will have lived in the county, city, or village for at least 30
days before the election.
* I meet all the requirements to register OR PRE-REGISTER to vote
in New York State.
* This is my signature or mark on the line below.
S. 1510 50 A. 2010
* All the information contained on this application is true. I
understand that if it is not true I can be convicted and fined up
to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
§ 3. Paragraph o of subdivision 4 of section 5-500 of the election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph p is added to read as follows:
o. A space for "remarks" regarding other facts required by this chap-
ter to be recorded or appropriate to identify the voter[.];
P. A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTION: "ARE YOU AT LEAST 16 YEARS OF AGE AND UNDERSTAND THAT YOU MUST
BE 18 YEARS OF AGE ON OR BEFORE ELECTION DAY TO VOTE, AND THAT UNTIL YOU
REACH THE AGE OF 18 YOUR REGISTRATION WILL BE MARKED AS 'PENDING' AND
YOU WILL BE UNABLE TO CAST A BALLOT IN ANY ELECTION?".
§ 4. Subdivision 1 of section 5-102 of the election law is amended to
read as follows:
1. No person shall be qualified to register for and vote at any
election unless he is a citizen of the United States [and is or will be,
on the day of such election], IS eighteen years of age or over, and IS a
resident of this state and of the county, city or village for a minimum
of thirty days next preceding such election.
§ 5. The election law is amended by adding a new section 5-507 to read
as follows:
§ 5-507. VOTER PRE-REGISTRATION. A PERSON WHO IS AT LEAST SIXTEEN
YEARS OF AGE AND WHO IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY
PRE-REGISTER TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON REACH-
ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
IFICATIONS AND ADDRESS.
§ 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART K
Section 1. The election law is amended by adding a new section 14-131
to read as follows:
§ 14-131. GOVERNMENT VENDOR CONTRIBUTIONS. 1. (A) IT SHALL BE UNLAWFUL
DURING THE RESTRICTED VENDOR CONTRIBUTION PERIOD FOR ANY PERSON, ORGAN-
IZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTA-
TION, OFFER OR RESPONSE TO A STATE GOVERNMENTAL ENTITY POSTING OR SOLIC-
ITATION FOR PROCUREMENT TO MAKE A CONTRIBUTION TO ANY OFFICEHOLDER OF
THE STATE GOVERNMENTAL ENTITY OR ENTITIES ISSUING SUCH POSTING OR SOLIC-
ITATION, EVALUATING SUCH RESPONSE OR APPROVING OR AWARDING THE FINAL
PROCUREMENT CONTRACT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERN-
MENTAL ENTITY, INCLUDING TO SUCH OFFICEHOLDER'S OR CANDIDATE'S AUTHOR-
IZED POLITICAL COMMITTEES.
(B) FOR PURPOSES OF THIS SECTION THE ASSEMBLY AND SENATE SHALL BE
SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
(C) THE STATE GOVERNMENTAL ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
SUCH POSTING OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A NOTICE OF
THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE STATE GOVERNMENTAL
ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
S. 1510 51 A. 2010
TION SHALL PROVIDE TO ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR
BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
2. AS USED IN THIS SECTION "BUSINESS ENTITY" MEANS A BUSINESS CORPO-
RATION, PROFESSIONAL SERVICES CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, LIMITED PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY
OTHER LEGAL COMMERCIAL ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR
ANY OTHER STATE OR FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLI-
TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
TION ORGANIZED UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
3. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTATION, OFFER OR
RESPONSE TO THE STATE GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT
THE EARLIEST POSTING, ON A STATE GOVERNMENTAL ENTITY'S WEBSITE, IN A
NEWSPAPER OF GENERAL CIRCULATION OR IN THE PROCUREMENT OPPORTUNITIES
NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
LAW OF WRITTEN NOTICE, ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR
PROPOSAL, INVITATION FOR BIDS, OR SOLICITATIONS OF PROPOSALS, OR ANY
OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE
FROM OFFERERS INTENDING TO RESULT IN A PROCUREMENT CONTRACT WITH A STATE
GOVERNMENTAL ENTITY. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DOES NOT
APPLY TO A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
THAT IS RESPONDING TO A STATE GOVERNMENTAL ENTITY'S REQUEST FOR INFORMA-
TION OR OTHER INFORMATIONAL EXCHANGES OCCURRING PRIOR TO SUCH GOVERN-
MENTAL ENTITY'S POSTING OR SOLICITATION FOR PROCUREMENT.
4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL END WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP OF
PERSONS, OR BUSINESS ENTITY AS FOLLOWS:
(A) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
IS THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END ONE YEAR AFTER THE FINAL CONTRACT AWARD
AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
STATE COMPTROLLER.
(B) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
IS NOT THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMP-
TROLLER.
§ 2. Section 14-126 of the election law is amended by adding a new
subdivision 8 to read as follows:
8. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
AS THAT TERM IS USED IN SECTION 14-131 OF THIS ARTICLE, WHO, UNDER
CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
UTION IN CONTRAVENTION OF SECTION 14-131 OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND
DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF THE CONTRIBUTION,
TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
(B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
UTION.
S. 1510 52 A. 2010
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART L
Section 1. Section 5-208 of the election law, as added by chapter 659
of the laws of 1994, subdivisions 1, 5 and 8 as amended by chapter 200
of the laws of 1996, is amended to read as follows:
§ 5-208. Transfer of registration and enrollment. 1. The board of
elections shall transfer the registration and enrollment of any voter
APPEARING ON A STATEWIDE VOTER LIST PURSUANT TO SUBDIVISION ONE OF
SECTION 5-614 OF THIS ARTICLE for whom it receives a notice of change of
address to another address in [the same county or city] NEW YORK STATE,
or for any voter who casts a ballot in an affidavit ballot envelope
which sets forth such a new address. Such notices shall include, but
not be limited to, notices received from any state agency which conducts
a voter registration program pursuant to the provisions of sections
5-211 and 5-212 of this title, that the voter has notified such agency
of a change of address in [the same city or county] NEW YORK STATE
unless the voter has indicated that such change of address is not for
voter registration purposes, notices of change of address from the
United States Postal Service through the National Change of Address
System, any notices of a forwarding address on mail sent to a voter by
the board of elections and returned by the postal service, national or
state voter registration forms, confirmation mailing response cards,
United States Postal Service notices to correspondents of change of
address, applications for registration from persons already registered
in [such county or city] NEW YORK STATE, or any other notices to corre-
spondents sent to the board of elections by such voters.
2. Upon receipt of such a notice, the board shall compare the signa-
ture (if any) and other information with the signature and other infor-
mation on the registration record on file. If such signature and other
information appears to be correct, the board shall change the address of
the voter in all the records of such board.
3. If such a notice is received at least twenty days before a primary,
special or general election, such change of address must be completed
before such election.
4. If such application for registration from a voter already regis-
tered in [such county or city] NEW YORK STATE also reflects a change of
enrollment, the board of elections shall treat such application as an
application for change of enrollment pursuant to section 5-304 of this
article.
5. As soon as practicable, after it transfers a voter's registration,
the board of elections shall send the voter, by forwardable first class
or return postage guaranteed mail, a notice advising him OR HER of the
transfer in a form which is similar to the notice sent to new regis-
trants pursuant to the provisions of section 5-210 of this title and
which has been approved by the state board of elections. If the notice
of change of address did not contain the voter's signature, such notice
shall include a postage paid return card, in a form prescribed by the
state board of elections, on which the voter may notify the board of
elections of any correction of address, together with a statement on
such notice and on the return card that the voter should return such
card only if the address to which the notice was sent is not the voter's
current address.
S. 1510 53 A. 2010
6. If a notice sent pursuant to subdivision five of this section is
returned by the postal service as undeliverable and without a forwarding
address, the board of elections shall return the registration of such
voter to the original address, send such voter a confirmation notice
pursuant to the provisions of subdivision one of section 5-712 of this
[title] ARTICLE and place such voter in inactive status.
7. The board of elections shall preserve such notices of change of
address for as long as registration records are otherwise required to be
preserved or, if the computer readable records maintained by the board
of elections include a complete copy of such notice, the board shall
preserve the original notice for a period of at least two years or such
longer period as the state board of elections may require.
8. If the board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to, a
person who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that effect
in a form approved by the state board of elections at the new address
set forth in such notice of change of address, together with a voter
registration form.
9. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS AS TO THE
PROCEDURES FOR TRANSFERRING A VOTER'S REGISTRATION AND ENROLLMENT FROM
ONE COUNTY TO ANOTHER.
§ 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter 164 of the laws of
2010, is amended to read as follows:
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within [the county or
city] NEW YORK STATE since he or she last registered, the address from
which he or she was previously registered and the address at which he or
she currently resides, and at a primary election, the party in which he
or she is enrolled. The inspectors of election shall offer such an affi-
davit to each such voter whose residence address is in such election
district. Each such affidavit shall be in a form prescribed by the
state board of elections, shall be printed on an envelope of the size
and quality used for an absentee ballot envelope, and shall contain an
acknowledgment that the affiant understands that any false statement
made therein is perjury punishable according to law. Such form
prescribed by the state board of elections shall request information
required to register such voter should the county board determine that
such voter is not registered and shall constitute an application to
register to vote. The voter's name and the entries required shall then
be entered without delay and without further inquiry in the fourth
section of the challenge report or in the place provided at the end of
the computer generated registration list, with the notation that the
voter has executed the affidavit hereinabove prescribed, or, if such
person's name appears on the computer generated registration list, the
board of elections may provide a place to make such entry next to his or
her name on such list. The voter shall then, without further inquiry,
be permitted to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his or
her affidavit, and the envelope sealed and returned to the board of
S. 1510 54 A. 2010
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART M
Section 1. Subdivision 6 of section 14-114 of the election law is
amended by adding a new paragraph c to read as follows:
C. LOBBYISTS, AS DEFINED BY SUBDIVISION (A) OF SECTION ONE-C OF THE
LEGISLATIVE LAW OR BY SUBDIVISION (A) OF SECTION 3-211 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, POLITICAL ACTION COMMITTEES, LABOR
UNIONS, AND ANY PERSON WHO HAS REGISTERED WITH THE STATE BOARD OF
ELECTIONS AS AN INDEPENDENT EXPENDITURE COMMITTEE PURSUANT TO SUBDIVI-
SION THREE OF SECTION 14-107 OF THIS ARTICLE ARE PROHIBITED FROM MAKING
LOANS TO CANDIDATES OR POLITICAL COMMITTEES; PROVIDED, HOWEVER, THAT A
LOBBYIST SHALL NOT BE PROHIBITED FROM MAKING A LOAN TO HIMSELF OR
HERSELF OR TO HIS OR HER OWN POLITICAL COMMITTEE WHEN SUCH LOBBYIST IS A
CANDIDATE FOR OFFICE.
§ 2. This act shall take effect immediately.
PART N
Section 1. Section 1-104 of the election law is amended by adding a
new subdivision 38 to read as follows:
38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A PRINTED OR ELEC-
TRONIC LIST OF VOTERS IN ALPHABETICAL ORDER FOR A SINGLE ELECTION
DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION FILE FOR
EACH ELECTION AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION POLL
RECORDS, TO ESTABLISH A PERSON'S ELIGIBILITY TO VOTE IN THE POLLING
PLACE ON ELECTION DAY.
(A) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE MINIMUM SECURITY
STANDARDS FOR ANY ELECTRONIC DEVICE, AND ANY NETWORK OR SYSTEM TO WHICH
THE ELECTRONIC DEVICE IS CONNECTED, THAT IS USED TO STORE OR OTHERWISE
ACCESS A COMPUTER GENERATED REGISTRATION LIST, AND SHALL ALSO PROMULGATE
A LIST OF DEVICES THAT ARE APPROVED FOR USE. NO LOCAL BOARD OF ELECTIONS
SHALL BE PERMITTED TO USE SUCH A DEVICE UNLESS THE STATE BOARD OF
ELECTIONS HAS PREVIOUSLY APPROVED THE DEVICE FOR USE AND HAS CERTIFIED
THAT THE NETWORK OR SYSTEM TO WHICH THE ELECTRONIC DEVICE IS CONNECTED
IS COMPLIANT WITH THE MINIMUM SECURITY STANDARDS.
(B) THE MINIMUM SECURITY STANDARDS FOR SUCH DEVICES SHALL BE COMMENSU-
RATE WITH THE LEVEL OF SECURITY RISK APPLICABLE TO SUCH DEVICES AND
SHALL SPECIFICALLY TAKE INTO ACCOUNT ANY SECURITY RISK ASSOCIATED WITH
VOTING EQUIPMENT-RELATED SUPPLY CHAINS IN ADDITION TO ANY OTHER APPLICA-
BLE SECURITY RISK.
§ 2. Subdivision 1 of section 4-128 of the election law, as amended by
chapter 125 of the laws of 2011, is amended to read as follows:
1. The board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, a sufficient number
of maps, street finders or other descriptions of all of the polling
places and election districts within the political subdivision in which
the polling place is located to enable the election inspectors and poll
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clerks to determine the correct election district and polling place for
each street address within the political subdivision in which the poll-
ing place is located, distance markers, tally sheets and return blanks,
pens, [black ink, or ball point pens with black ink,] pencils [having
black lead], OR OTHER APPROPRIATE MARKING DEVICES, envelopes for the
ballots of voters whose registration poll records are not in the ledger
or whose names are not [on] IN the computer generated registration list,
envelopes for returns, identification buttons, badges or emblems for the
inspectors and clerks in the form prescribed by the state board of
elections and such other articles of stationery as may be necessary for
the proper conduct of elections, except that when a town, city or
village holds an election not conducted by the board of elections, the
clerk of such town, city or village, shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery for
such election.
§ 3. Subdivision c of section 4-132 of the election law, as amended by
chapter 164 of the laws of 1985, is amended to read as follows:
c. A booth or device in each election district for the use of voters
marking ballots. Such booth or device shall be so constructed as to
permit the voter to mark his OR HER ballot in secrecy and shall be
furnished at all times with [a pencil having black lead only] AN APPRO-
PRIATE MARKING DEVICE.
§ 4. Section 4-134 of the election law, the section heading as amended
by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by
chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
of the laws of 1990, is amended to read as follows:
§ 4-134. Preparation and delivery of ballots, supplies and equipment
for use at elections. 1. The board of elections shall deliver, at its
office, to the clerk of each town or city in the county, except the
cities of New York, Buffalo and Rochester and to the clerk of each
village in the county in which elections are conducted by the board of
elections, by the Saturday before the primary, general, village or other
election for which they are required: the official and sample ballots;
ledgers prepared for delivery in the manner provided in subdivision two
of this section and containing the registration poll records of all
persons entitled to vote at such election in such town, city or village,
or computer generated registration lists containing the names of all
persons entitled to vote at such election in such town, city or village;
challenge reports prepared as directed by this chapter; sufficient
applications for registration by mail; sufficient ledger seals and other
supplies and equipment required by this article to be provided by the
board of elections for each polling place in such town, city or village.
The town, city or village clerk shall call at the office of such board
of elections at such time and receive such ballots, supplies and equip-
ment. In the cities of New York, Buffalo and Rochester the board of
elections shall cause such ballots, supplies and equipment to be deliv-
ered to the board of inspectors of each election district approximately
one-half hour before the opening of the polls for voting, and shall take
receipts therefor.
2. The board of elections shall provide for each election district a
ledger or ledgers containing the registration poll records or [printed]
lists with computer generated facsimile signatures, of all persons enti-
tled to vote in such election district at such election. Such ledgers
shall be labelled, sealed, locked and transported in locked carrying
cases. After leaving the board of elections no such carrying case shall
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be unlocked except at the time and in the manner provided in this chap-
ter.
3. [Any envelope containing absentee voters' ballots on which the
blanks have not been properly filled in shall be stamped to indicate the
defect and shall be preserved by the board for at least one year after
the receipt thereof.
4.] Each kind of official ballot shall be arranged in a package in the
consecutive order of the numbers printed on the stubs thereof beginning
with number one. All official and sample ballots for each election
district shall be in separate sealed packages, clearly marked on the
outside thereof, with the number and kind of ballots contained therein
and indorsed with the designation of the election district for which
they were prepared. The other supplies provided for each election
district also shall be [inclosed] ENCLOSED in a sealed package, or pack-
ages, with a label on the outside thereof showing the contents of each
package.
[5. Each town, city and village clerk receiving such packages shall
cause all] 4. ALL such packages so received and marked for any election
district [to] SHALL be delivered unopened and with the seals thereof
unbroken to the inspectors of election of such election districts at
least [one-half] ONE hour before the opening of the polls of such
election therein, [and] WHO shall [take] GIVE a receipt therefor speci-
fying the number and kind of packages delivered. [At the same time each
such clerk shall cause to be delivered to such inspectors the equipment
described in subdivision two of this section and shall cause a receipt
to be taken therefor.
6.] 5. Town, city and village clerks required to provide official and
sample ballots, registration records, seals, supplies and equipment, as
described in this section, for town, city and village elections not
conducted by the board of elections, shall in like manner, deliver them
to the inspectors or presiding officers of the election at each polling
place at which such meetings and elections are held, respectively, in
like sealed packages marked on the outside in like manner, and shall
take receipts therefor in like manner.
§ 5. Subdivision 1 of section 5-302 of the election law, as separately
amended by chapters 164 and 558 of the laws of 1985, is amended to read
as follows:
1. Before placing the registration poll record in the poll ledger OR
IN THE COMPUTER GENERATED REGISTRATION LIST, the board shall enter in
the space provided therefor [on the back of such registration poll
record] the name of the party designated by the voter on his application
form, provided such party continues to be a party as defined in this
law. If such party ceases to be a party at any time, either before or
after such enrollment is so entered, the enrollment of such voter shall
be deemed to be blank and shall be entered as such until such voter
files an application for change of enrollment pursuant to the provisions
of this chapter. [In the city of New York the board shall also affix a
gummed sticker of a different color for each party in a place on such
registration poll record immediately adjacent to such entry.] The board
shall enter the date of such entry and affix initials thereto in the
space provided.
§ 6. Paragraph c of subdivision 3 of section 5-506 of the election
law, as amended by chapter 659 of the laws of 1994, is amended to read
as follows:
c. The computer generated registration list prepared for each election
in each election district shall be [printed by a printer] PREPARED IN A
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MANNER which meets or exceeds standards for clarity and speed of
[reproduction] PRODUCTION established by the state board of elections,
shall be in a form approved by such board, shall include the names of
all voters eligible to vote in such election and shall be in alphabet-
ical order, except that, at a primary election, the names of the voters
enrolled in each political party may be placed in a separate part of the
list or in a separate list, as the board of elections in its discretion,
may determine. Such list shall contain, adjacent to each voter's name,
OR IN A SPACE SO DESIGNATED, at least the following: street address,
date of birth, party enrollment, year of registration, a computer
reproduced facsimile of the voter's signature or an indication that the
voter is unable to sign his name, a place for the voter to sign his name
at such election and a place for the inspectors to mark the voting
machine number, the public counter number [and] IF ANY, OR the number of
any paper ballots given the voter.
§ 7. Subdivision 2 of section 8-202 of the election law, as amended by
chapter 164 of the laws of 2010, is amended to read as follows:
2. The exterior of any ballot scanner, ballot marking device and
privacy booth and every part of the polling place shall be in plain view
of the election inspectors and watchers. The ballot scanners, ballot
marking devices, and privacy booths shall be placed at least four feet
from the table used by the inspectors in charge of the poll [books]
LEDGER OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be
at least three feet from the machine and the table used by the inspec-
tors. The election inspectors shall not themselves be, or allow any
other person to be, in any position or near any position, that will
permit one to see or ascertain how a voter votes, or how he or she has
voted nor shall they permit any other person to be less than three feet
from the ballot scanner, ballot marking device, or privacy booth while
occupied. The election inspectors or clerks attending the ballot scan-
ner, ballot marking device, or privacy booth shall regularly inspect the
face of the ballot scanner, ballot marking device, or the interior of
the privacy booth to see that the ballot scanner, ballot marking device,
or privacy booth has not been damaged or tampered with. During elections
the door or other covering of the counter compartment of the machine
shall not be unlocked or opened except by a member of the board of
elections, a voting machine custodian or any other person upon the
specific instructions of the board of elections.
§ 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election
law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
ing paragraph of paragraph (e) of subdivision 3 as amended by chapter
125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
vision 3 as amended by chapter 164 of the laws of 2010, are amended to
read as follows:
2. The voter shall give [his] THE VOTER'S name and [his] THE VOTER'S
residence address to the inspectors. An inspector shall then loudly and
distinctly announce the name and residence of the voter.
2-a. (a) If a voter's name appears in the LEDGER OR computer generated
registration list with a notation indicating that the voter's identity
was not yet verified as required by the federal Help America Vote Act,
the inspector shall require that the voter produce one of the following
types of identification before permitting the voter to cast his or her
vote on the voting machine:
(i) a driver's license or department of motor vehicles non-driver
photo ID card or other current and valid photo identification;
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(ii) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
(b) If the voter produces an identification document listed in para-
graph (a) of this subdivision, the inspector shall indicate so in the
LEDGER OR computer generated registration list, the voter will be deemed
verified as required by the federal Help America Vote Act and the voter
shall be permitted to cast his or her vote on the voting machine.
(c) If the voter does not produce an identification document listed in
paragraph (a) of this subdivision, the voter shall only be entitled to
vote by affidavit ballot unless a court order provides otherwise.
3. (a) If an applicant is challenged, the board, without delay, shall
either enter his name in the second section of the challenge report
together with the other entries required to be made in such section
opposite the applicant's name or make an entry next to [his] THE VOTER'S
name [on] IN the computer generated registration list or in the place
provided [at the end of] IN the computer generated registration list.
(b) A person who claims to have moved to a new address within the
election district in which he OR SHE is registered to vote shall be
permitted to vote in the same manner as other voters unless challenged
on other grounds. The inspectors shall enter the names and new addresses
of all such persons in either the first section of the challenge report
or in the place provided [at the end of] IN the computer generated
registration list and shall also enter the new address next to such
person's address on such computer generated registration list. When the
registration poll records of persons who have voted from new addresses
within the same election district are returned to the board of
elections, such board shall change the addresses on the face of such
registration poll records without completely obliterating the old
addresses and shall enter such new addresses and the new addresses for
any such persons whose names were [on] IN computer generated registra-
tion lists into its computer records for such persons.
(c) A person who claims a changed name shall be permitted to vote in
the same manner as other voters unless challenged on other grounds. The
inspectors shall either enter the names of all such persons in the first
section of the challenge report or in the place provided [at the end of]
IN the computer generated registration list, in the form in which they
are registered, followed in parentheses by the name as changed or enter
the name as changed next to such voter's name on the computer generated
registration list. The voter shall sign first on the registration poll
record or [on] IN the computer generated registration list, the name
under which the voter is registered and, immediately above it, the new
name, provided that [on] IN such [a computer generated] registration
list, the new name may be signed in the place provided [at the end of
such list]. When the registration poll record of a person who has voted
under a new name is returned to the board of elections, such board shall
change [his] THE VOTER'S name on the face of each [of his] registration
[records] RECORD without completely obliterating the old one, and there-
after such person shall vote only under his OR HER new name. If a voter
has signed a new name [on] IN a computer generated registration list,
such board shall enter such voter's new name and new signature in such
voter's computer record.
(d) If an applicant requests assistance in voting and qualifies there-
for, the board shall provide assistance as directed by this chapter, and
shall without delay either enter such applicant's name and the other
entries required in the third section of the challenge report or make an
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entry next to such applicant's name [on] IN the computer generated
registration list or in the place provided [at the end of the computer
generated] IN SUCH registration list.
(e) Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear [on] IN
the computer generated registration list or his or her signature does
not appear next to his or her name [on] IN such [computer generated]
registration list or his or her registration poll record or the computer
generated registration list does not show him or her to be enrolled in
the party in which he or she claims to be enrolled, a poll clerk or
election inspector shall consult a map, street finder or other
description of all of the polling places and election districts within
the political subdivision in which said election district is located and
if necessary, contact the board of elections to obtain the relevant
information and advise the voter of the correct polling place and
election district for the residence address provided by the voter to
such poll clerk or election inspector. Thereafter, such voter shall be
permitted to vote in said election district only as hereinafter
provided:
(i) He OR SHE may present a court order requiring that he OR SHE be
permitted to vote. At a primary election, such a court order must speci-
fy the party in which the voter is permitted to vote. [He] THE VOTER
shall be required to sign [his] THEIR full name on top of the first page
of such order, together with [his] THE VOTER'S registration serial
number, if any, and [his] THE VOTER'S name and the other entries
required shall then be entered without delay in the fourth section of
the challenge report or in the place provided [at the end of] IN the
computer generated registration list, or, if such person's name appears
on [the computer generated] SUCH registration list, the board of
elections may provide a place to make such entry next to his OR HER name
on such list. The voter shall then be permitted to vote in the manner
otherwise prescribed for voters whose registration poll records are
found in the ledger or whose names are found on the computer generated
registration list; or
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within the county or city
since he or she last registered, the address from which he or she was
previously registered and the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not regis-
tered and shall constitute an application to register to vote. The
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voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided [at the end of] IN the computer gener-
ated registration list, with the notation that the voter has executed
the affidavit hereinabove prescribed, or, if such person's name appears
[on the computer generated] IN SUCH registration list, the board of
elections may provide a place to make such entry next to his or her name
[on] IN such list. The voter shall then, without further inquiry, be
permitted to vote an affidavit ballot provided for by this chapter. Such
ballot shall thereupon be placed in the envelope containing his or her
affidavit, and the envelope sealed and returned to the board of
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
4. At a primary election, a voter whose registration poll record is in
the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to
vote only in the primary of the party in which such record shows [him]
THE VOTER to be enrolled unless [he] THE VOTER shall present a court
order pursuant to the provisions of subparagraph (i) of paragraph (e) of
subdivision three of this section requiring that [he] THE VOTER be
permitted to vote in the primary of another party, or unless [he] THE
VOTER shall present a certificate of enrollment issued by the board of
elections, not earlier than one month before such primary election,
pursuant to the provisions of this chapter which certifies that [he] THE
VOTER is enrolled in a party other than the one in which such record
shows [him] THE VOTER to be enrolled, or unless he OR SHE shall
subscribe an affidavit pursuant to the provisions of subparagraph (ii)
of paragraph (e) of subdivision three of this section.
5. Except for voters unable to sign their names, no person shall be
permitted to vote without first identifying himself OR HERSELF as
required by this chapter.
§ 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law,
subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are
amended to read as follows:
1. A person before being allowed to vote shall be required, except as
provided in this chapter, to sign his OR HER name on the back of his OR
HER registration poll record on the first line reserved for his OR HER
signature at the time of election which is not filled with a previous
signature, or [on the line of] IN THE SPACE PROVIDED IN the computer
generated registration list reserved for [his] THE VOTER'S signature.
The two inspectors in charge shall satisfy themselves by a comparison of
this signature with [his] THE VOTER'S registration signature and by
comparison of [his] THE VOTER'S appearance with the descriptive material
on the face of the registration poll record that [he] THE VOTER is the
person registered. If they are so satisfied they shall enter the other
information required for the election on the same line with the voter's
latest signature, shall sign their names or initials in the spaces
provided therefor, and shall permit the applicant to vote. Any inspector
or inspectors not satisfied shall challenge the applicant forthwith.
2. If a person who alleges [his] AN inability to sign his OR HER name
presents himself OR HERSELF to vote, the board of inspectors shall
permit [him] SUCH PERSON to vote, unless challenged on other grounds,
provided [he] THE VOTER had been permitted to register without signing
[his] THE VOTER'S name. The board shall enter the words "Unable to Sign"
in the space on [his] THE VOTER'S registration poll record reserved for
[his] THE VOTER'S signature or on the line [of] OR SPACE the computer
generated registration list reserved for [his] THE VOTER'S signature at
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such election. If [his] THE VOTER'S signature appears upon [his] THE
VOTER'S registration record or [upon] IN the computer generated regis-
tration list the board shall challenge [him] THE VOTER forthwith, except
that if such a person claims that he OR SHE is unable to sign his OR HER
name by reason of a physical disability incurred since [his] THE VOTER'S
registration, the board, if convinced of the existence of such disabili-
ty, shall permit him OR HER to vote, shall enter the words "Unable to
Sign" and a brief description of such disability in the space reserved
for [his] THE VOTER'S signature at such election. At each subsequent
election, if such disability still exists, [he] THE VOTER shall be enti-
tled to vote without signing [his] THEIR name and the board of inspec-
tors, without further notation, shall enter the words "Unable to Sign"
in the space reserved for [his] THE VOTER'S signature at such election.
3. The voter's FACSIMILE signature [made by him upon registration and
his signature made at subsequent elections] shall be effectively
concealed from the voter by a blotter or [piece of opaque paper] OTHER
MEANS until after the voter shall have completed [his] THE signature.
§ 10. Subdivision 3 of section 8-306 of the election law, as amended
by chapter 154 of the laws of 1991, is amended to read as follows:
3. Any voter who requires assistance to vote by reason of blindness,
disability or inability to read or write may be given assistance by a
person of the voter's choice, other than the voter's employer or agent
of the employer or officer or agent of the voter's union. A voter enti-
tled to assistance in voting who does not select a particular person may
be assisted by two election inspectors not of the same political faith.
The inspectors or person assisting a voter shall enter the voting
machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep-
aration of [his] THE VOTER'S ballot and, if necessary, in the return of
the voted ballot to the inspectors for deposit in the ballot box. The
inspectors shall enter in the [remarks space on the registration poll
card of an assisted voter, or next to the name of] SPACE PROVIDED FOR
such voter [on] IN the computer generated registration list, the name of
each officer or person rendering such assistance.
§ 11. Subdivision 2 of section 8-508 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
2. (a) The first section of such report shall be reserved for the
inspectors of election to enter the name, address and registration seri-
al number of each person who claims a change in name, or a change of
address within the election district, together with the new name or
address of each such person. In lieu of preparing section one of the
challenge list, the board of elections may provide, next to the name of
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section one, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election, together with
the reason for the challenge. If no voters are challenged, the board of
inspectors shall enter the words "No Challenges" across the space
reserved for such names. In lieu of preparing section two of the chal-
lenge report, the board of elections may provide, next to the name of
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section two, or provide [at the end of such computer
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generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(c) The third section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each voter given assistance, together with the reason the voter was
allowed assistance, the name of the person giving such assistance and
his address if not an inspector. If no voters are given assistance, the
board of inspectors shall enter the words "No Assistance" across the
space reserved for such names. In lieu of providing section three of the
challenge report, the board of elections may provide, next to the name
of each voter [on] IN the computer generated registration list, a place
for the inspectors of election to record the information required to be
entered in such section three, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(d) The fourth section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who was permitted to vote pursuant to a court order, or
to vote on a paper ballot which was inserted in an affidavit envelope.
If there are no such names, such board shall enter the word "None"
across the space provided for such names. In lieu of providing section
four of such report, the board of elections may provide, next to the
name of each voter [on] IN the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section four, or provide [at the end of the
computer generated] ELSEWHERE IN SUCH registration list, a place for the
inspectors of election to enter such information.
(e) At the foot of such report [and] OR at the end of any such comput-
er generated registration list, IF APPLICABLE, shall be [printed] a
certificate that such report OR LIST contains the names of all persons
who were challenged on the day of election, and that each voter so
reported as having been challenged took the oaths as required, that such
report OR LIST contains the names of all voters to whom such board gave
or allowed assistance and lists the nature of the disability which
required such assistance to be given and the names and family relation-
ship, if any, to the voter of the persons by whom such assistance was
rendered; that each such assisted voter informed such board under oath
that he required such assistance and that each person rendering such
assistance took the required oath; that such report OR LIST contains the
names of all voters who were permitted to vote although their registra-
tion poll records were missing; that the entries made by such board are
a true and accurate record of its proceedings with respect to the
persons named in such report OR LIST.
(f) Upon the return of such report [and] OR lists to the board of
elections, it shall complete the investigation of voting qualifications
of all persons named in the second section thereof or for whom entries
were placed [on] IN such computer generated registration lists in lieu
of the preparation of the second section of the challenge report, and
shall forthwith proceed to cancel the registration of any person who, as
noted upon such report, OR IN SUCH LIST, was challenged at such election
and refused either to take a challenge oath or to answer any challenge
question.
(g) The state board of elections shall prescribe a form of challenge
report for use pursuant to the provisions of this section. Such form may
require the insertion of such other information as the state board shall
deem appropriate.
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§ 12. Section 8-510 of the election law, the section heading as
amended by chapter 373 of the laws of 1978, subdivision 1 as amended by
chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
43 of the laws of 1988, is amended to read as follows:
§ 8-510. Challenge report; completion of and [closing of registration
poll ledgers] PROCEDURE AFTER. 1. Immediately after the close of the
polls the board of inspectors of election shall verify the entries which
it has made on the challenge report or [at the end of the] IN THE SPACES
PROVIDED IN THE computer generated registration list by comparing such
entries with the information appearing on the registration poll records
of the affected voters or the information appearing [next to the names
of such voters on] IN THE SPACES PROVIDED IN the computer generated
registration list. If it has made no entries in section two, three or
four of such report it shall write across OR NOTE IN such section the
words "No challenges", "No assistance" or "None", as the case may be, as
directed in this chapter.
2. After completing such report the inspectors shall sign [the] A
certificate [at the end of] IN THE SPACES PROVIDED BY THE COUNTY BOARD
OF ELECTIONS FOR such report.
3. The inspectors shall place such completed report, and each court
order, if any, directing that a person be permitted to vote, [inside a]
IN THE SECURE CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR
SUCH ledger of registration records or computer generated registration
lists [between the front cover, and the first registration record] and
then shall close and seal each ledger of registration records or comput-
er generated registration lists, [affix their signature to the seal,]
lock such ledger in the carrying case furnished for that purpose and
enclose the keys in a sealed package or seal such list in the envelope
provided for that purpose.
§ 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of
subdivision 2 of section 9-209 of the election law, as amended by chap-
ter 308 of the laws of 2011, are amended to read as follows:
(C) If such person is found to be registered and has not voted in
person, an inspector shall compare the signature, if any, on each envel-
ope with the signature, if any, on the registration poll record, the
computer generated list of registered voters or the list of special
presidential voters, of the person of the same name who registered from
the same address. If the signatures are found to correspond, such
inspector shall certify thereto by [signing] PLACING his or her initials
in the ["Inspector's Initials" line on the] SPACE PROVIDED IN THE
computer generated list of registered voters [or in the "remarks" column
as appropriate].
(D) If such person is found to be registered and has not voted in
person, and if no challenge is made, or if a challenge made is not
sustained, the envelope shall be opened, the ballot or ballots withdrawn
without unfolding, and the ballot or ballots deposited in the proper
ballot box or boxes, or envelopes, provided however that, in the case of
a primary election, the ballot shall be deposited in the box only if the
ballot is of the party with which the voter is enrolled according to the
entry on the back of his or her registration poll record or [next to his
or her name on] IN the computer generated registration list; if not, the
ballot shall be rejected without inspection or unfolding and shall be
returned to the envelope which shall be endorsed "not enrolled." At the
time of the deposit of such ballot or ballots in the box or envelopes,
the inspectors shall enter the words "absentee vote" or "military vote"
in the space reserved for the voter's signature on the aforesaid list or
S. 1510 64 A. 2010
in the "remarks" [column] SPACE as appropriate, and shall enter the year
and month of the election on the same line in the spaces provided there-
for.
§ 14. Subdivision 4 of section 11-206 of the election law, as amended
by chapter 91 of the laws of 1992, is amended to read as follows:
4. The registration poll records of special federal voters shall be
filed, in alphabetical order, by election district. At each election at
which [the ballots of] special federal voters are [delivered to the
inspectors of election in each election district] ELIGIBLE TO VOTE, the
registration poll records of all special federal voters [eligible to
vote at such election] shall be delivered to such inspectors of election
together with the other registration poll records or the names of such
voters shall be included [on] IN the computer generated registration
list. Such records shall be delivered either in a separate poll ledger
or a separate, clearly marked section, of the main poll ledger or [in a
separate,] BE clearly marked[, section of] IN the computer generated
registration list as the board of elections shall determine.
§ 15. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
PART O
Section 1. Section 1-c of the legislative law is amended by adding a
new paragraph (x) to read as follows:
(X) THE TERM "FUNDRAISING ACTIVITIES" SHALL MEAN SOLICITATION OR
COLLECTION BY A LOBBYIST OF CONTRIBUTIONS FOR A CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEUTENANT GOVER-
NOR, COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE LEGISLATURE, ELECTED
OFFICE IN A MUNICIPALITY, OR FOR A POLITICAL COMMITTEE FOR USE IN AN
ELECTION CAMPAIGN OF ANY SUCH CANDIDATE.
§ 2. Sections 1-u and 1-v of the legislative law, section 1-v as
renumbered by chapter 1 of the laws of 2005, are renumbered sections 1-y
and 1-z and a new section 1-u is added to read as follows:
§ 1-U. FUNDRAISING REPORTS. (A) (I) FOR PURPOSES OF THIS SECTION, THE
TERMS "CONTRIBUTION", "POLITICAL COMMITTEE", AND "CANDIDATE" SHALL HAVE
THE MEANINGS SET FORTH IN SECTION 14-100 OF THE ELECTION LAW.
(II) FOR PURPOSES OF THIS SECTION, THE TERM "LOBBYIST" SHALL MEAN A
LOBBYIST AS DEFINED IN SECTION ONE-C OF THIS ARTICLE.
(B) ANY LOBBYIST REQUIRED TO FILE A STATEMENT OF REGISTRATION PURSUANT
TO SECTION ONE-E OF THIS ARTICLE WHO IN ANY CALENDAR YEAR TO WHICH THE
STATEMENT OF REGISTRATION RELATES, OR IN THE SIX MONTHS PRECEDING SUCH
CALENDAR YEAR, ENGAGES IN FUNDRAISING ACTIVITIES, SHALL FILE, WITH THE
JOINT COMMISSION ON PUBLIC ETHICS, ON FORMS PRESCRIBED BY THE JOINT
COMMISSION ON PUBLIC ETHICS, A FUNDRAISING REPORT. SUCH REPORT SHALL BE
FILED IN ACCORDANCE WITH THE SCHEDULE APPLICABLE TO THE FILING OF
BI-MONTHLY REPORTS UNDER SECTION ONE-H OF THIS ARTICLE, PROVIDED THAT
THE FIRST FUNDRAISING REPORT FILED IN ANY CALENDAR YEAR SHALL INCLUDE
INFORMATION ON FUNDRAISING ACTIVITIES THAT OCCURRED IN ANY PERIOD BEGIN-
NING SIX MONTHS PRECEDING THE CALENDAR YEAR TO WHICH THE STATEMENT OF
REGISTRATION RELATES THROUGH THE END OF THE REPORTING PERIOD FOR WHICH
THE REPORT IS FILED, TO THE EXTENT SUCH INFORMATION HAS NOT BEEN
REPORTED IN A PREVIOUSLY FILED FUNDRAISING REPORT. EACH SUBSEQUENT
FUNDRAISING REPORT FILED IN OR WITH RESPECT TO THE CALENDAR YEAR TO
WHICH THE STATEMENT OF REGISTRATION RELATES SHALL INCLUDE INFORMATION ON
ALL FUNDRAISING ACTIVITIES THAT OCCURRED IN THE REPORTING PERIOD FOR
WHICH THE CURRENT REPORT IS FILED.
S. 1510 65 A. 2010
(C) SUCH FUNDRAISING REPORT SHALL CONTAIN: (I) THE NAME, ADDRESS AND
TELEPHONE NUMBER OF THE LOBBYIST AND THE INDIVIDUALS UTILIZED BY THE
LOBBYIST ENGAGED IN SUCH FUNDRAISING; (II) THE NAME, ADDRESS AND TELE-
PHONE NUMBER OF THE CANDIDATE, PUBLIC SERVANT, OR ELECTED OFFICIAL TO
WHOM OR ON WHOSE BEHALF THE LOBBYIST PROVIDED FUNDRAISING SERVICES;
(III) (1) THE COMPENSATION, IF ANY, PAID OR OWED TO THE LOBBYIST AND ANY
EXPENSES INCURRED BY THE LOBBYIST FOR SUCH FUNDRAISING ACTIVITIES; (2) A
LIST OF ALL PERSONS OR ENTITIES WITH WHOM THE LOBBYIST CONTRACTED FOR
THE PURPOSE OF PROVIDING FUNDRAISING SERVICES; (IV) THE TOTAL DOLLAR
AMOUNT RAISED FOR EACH CANDIDATE OR COMMITTEE FOR WHICH SUCH ACTIVITIES
WERE PERFORMED, INCLUDING CONTRIBUTIONS MADE BY THE LOBBYIST.
(D) ALL SUCH FUNDRAISING REPORTS SHALL BE SUBJECT TO REVIEW BY THE
JOINT COMMISSION ON PUBLIC ETHICS.
(E) WHENEVER THERE IS A CHANGE IN THE INFORMATION FILED BY A LOBBYIST
IN A REPORT FILED PURSUANT TO THIS SECTION, AN AMENDED REPORT SHALL BE
SUBMITTED TO THE JOINT COMMISSION ON PUBLIC ETHICS ON FORMS PRESCRIBED
BY THE JOINT COMMISSION ON PUBLIC ETHICS, WITHIN TEN DAYS OF THE CHANGE
IN THE INFORMATION OCCURRING.
(F) SUCH FUNDRAISING REPORTS SHALL BE KEPT IN ELECTRONIC FORM BY THE
JOINT COMMISSION ON PUBLIC ETHICS AND SHALL BE AVAILABLE FOR PUBLIC
INSPECTION PURSUANT TO SECTION ONE-S OF THIS ARTICLE.
§ 3. This act shall take effect immediately.
PART P
Section 1. Section 1-c of the legislative law is amended by adding a
new subdivision (x) to read as follows:
(X) THE TERM "POLITICAL CONSULTING" SHALL MEAN AND INCLUDE THE
PROVISION, FOR COMPENSATION, TO ANY PUBLIC OFFICIAL OR CANDIDATE FOR AN
ELECTED STATE OFFICE, OF ADVICE, SERVICES OR ASSISTANCE IN SECURING SUCH
PUBLIC OFFICE INCLUDING, BUT NOT LIMITED TO, CAMPAIGN MANAGEMENT,
FUNDRAISING ACTIVITIES, PUBLIC RELATIONS OR MEDIA SERVICES, BUT SHALL
EXCLUDE BONA FIDE LEGAL WORK DIRECTLY RELATED TO LITIGATION OR LEGAL
ADVICE WITH REGARD TO SECURING A PLACE ON THE BALLOT, THE PETITIONING
PROCESS, THE CONDUCT OF AN ELECTION OR WHICH INVOLVES THE ELECTION LAW.
§ 2. Section 1-m of the legislative law, as added by chapter 14 of the
laws of 2007, is amended to read as follows:
§ 1-m. Prohibition of gifts AND POLITICAL CONSULTING. (A) No individ-
ual or entity required to be listed on a statement of registration
pursuant to this article shall offer or give a gift to any public offi-
cial as defined within this article, unless under the circumstances it
is not reasonable to infer that the gift was intended to influence such
public official. No individual or entity required to be listed on a
statement of registration pursuant to this article shall offer or give a
gift to the spouse or unemancipated child of any public official as
defined within this article under circumstances where it is reasonable
to infer that the gift was intended to influence such public official.
No spouse or unemancipated child of an individual required to be listed
on a statement of registration pursuant to this article shall offer or
give a gift to a public official under circumstances where it is reason-
able to infer that the gift was intended to influence such public offi-
cial. This section shall not apply to gifts to officers, members or
directors of boards, commissions, councils, public authorities or public
benefit corporations who receive no compensation or are compensated on a
per diem basis, unless the person listed on the statement of registra-
S. 1510 66 A. 2010
tion appears or has matters pending before the board, commission or
council on which the recipient sits.
(B) NO PERSON THAT IS ENGAGED IN LOBBYING AN ELECTED OFFICIAL SHALL
ENGAGE IN POLITICAL CONSULTING FOR THAT ELECTED OFFICIAL.
(C) NO PERSON THAT IS ENGAGED IN POLITICAL CONSULTING FOR ANY ELECTED
OFFICIAL OR CANDIDATE FOR AN ELECTED OFFICE SHALL ENGAGE IN LOBBYING
THAT ELECTED OFFICIAL.
§ 3. Subdivision (h) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
(h) The term "compensation" shall mean any salary, fee, gift, payment,
benefit, loan, advance or any other thing of value paid, owed, given or
promised to the lobbyist OR POLITICAL CONSULTANT by the client for
lobbying OR POLITICAL CONSULTING but shall not include contributions
reportable pursuant to article fourteen of the election law.
§ 4. Section 14-100 of the election law is amended by adding two new
subdivisions 18 and 19 to read as follows:
18. "POLITICAL CONSULTING" MEANS AND INCLUDES THE PROVISION FOR
COMPENSATION, TO ANY POLITICAL COMMITTEE OR CANDIDATE FOR AN ELECTED
OFFICE OF ADVICE, SERVICES OR ASSISTANCE IN SECURING PUBLIC OFFICE
INCLUDING, BUT NOT LIMITED TO, CAMPAIGN MANAGEMENT, FUNDRAISING ACTIV-
ITIES, PUBLIC RELATIONS OR MEDIA SERVICES, BUT SHALL EXCLUDE LEGAL WORK
DIRECTLY RELATED TO LITIGATION OR LEGAL ADVICE WITH REGARD TO SECURING A
PLACE ON THE BALLOT, THE PETITIONING PROCESS, THE CONDUCT OF AN ELECTION
OR WHICH INVOLVES THIS CHAPTER.
19. "COMPENSATION" MEANS ANY SALARY, FEE, GIFT, PAYMENT, BENEFIT,
LOAN, ADVANCE OR ANY OTHER THING OF VALUE PAID, OWED, GIVEN OR PROMISED,
BUT SHALL NOT INCLUDE CONTRIBUTIONS REPORTABLE PURSUANT TO THIS ARTICLE.
§ 5. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and liabilities of the committee, and of its officers, members and
agents in its behalf. Such statements shall include the dollar amount of
any receipt, contribution or transfer, or the fair market value of any
receipt, contribution or transfer, which is other than of money, the
name and address of the transferor, contributor or person from whom
received, and if the transferor, contributor or person is a political
committee; the name of and the political unit represented by the commit-
tee, the date of its receipt, the dollar amount of every expenditure,
the name and address of the person to whom it was made or the name of
and the political unit represented by the committee to which it was made
and the date thereof, and shall state clearly the purpose of such
expenditure. FURTHERMORE, SUCH STATEMENTS SHALL INCLUDE A LIST OF ALL
PERSONS WHICH PROVIDED POLITICAL CONSULTING SERVICES, AND THE FAIR
MARKET VALUE OF AND THE ACTUAL AMOUNT PAID TO EACH SUCH PERSON FOR THE
PROVISION OF POLITICAL CONSULTING SERVICES. Any statement reporting a
loan shall have attached to it a copy of the evidence of indebtedness.
Expenditures in sums under fifty dollars need not be specifically
accounted for by separate items in said statements, and receipts and
S. 1510 67 A. 2010
contributions aggregating not more than ninety-nine dollars, from any
one contributor need not be specifically accounted for by separate items
in said statements, provided however, that such expenditures, receipts
and contributions shall be subject to the other provisions of section
14-118 of this article.
§ 6. Subdivision 1 of section 14-104 of the election law, as amended
by section 1 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:
1. Any candidate for election to public office, or for nomination for
public office at a contested primary election or convention, or for
election to a party position at a primary election, shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth the particulars specified by section 14-102 of this arti-
cle, as to all moneys or other valuable things, paid, given, expended or
promised by him or her to aid his or her own nomination or election, or
to promote the success or defeat of a political party, or to aid or
influence the nomination or election or the defeat of any other candi-
date to be voted for at the election or primary election or at a conven-
tion, including contributions to political committees, officers, members
or agents thereof, and transfers, receipts and contributions to him or
her to be used for any of the purposes above specified, or in lieu ther-
eof, any such candidate may file such a sworn statement at the first
filing period, on a form prescribed by the state board of elections that
such candidate has made no such expenditures and does not intend to make
any such expenditures, except through a political committee authorized
by such candidate pursuant to this article. FURTHERMORE, SUCH STATE-
MENTS SHALL INCLUDE A LIST OF ALL PERSONS WHICH PROVIDED POLITICAL
CONSULTING SERVICES, AND THE FAIR MARKET VALUE OF AND THE ACTUAL AMOUNT
PAID TO EACH SUCH PERSON FOR THE PROVISION OF POLITICAL CONSULTING
SERVICES. Such candidate may designate a committee of no less than three
persons who shall be authorized to appoint and remove the treasurer of
any authorized committee of the candidate. The designation or revocation
of the committee shall be evidenced in a writing filed with the state
board of elections by the candidate authorizing the committee. The
candidate may revoke such designation at any time. A committee author-
ized by such a candidate may fulfill all of the filing requirements of
this act on behalf of such candidate.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.
PART Q
Section 1. Section 172-e of the executive law, as added by section 1
of part F of chapter 286 of the laws of 2016, is amended to read as
follows:
§ 172-e. Disclosure of certain donations by charitable non-profit
entities. 1. Definitions. For the purposes of this section:
(a) "Covered entity" shall mean any corporation or entity that is
qualified as an exempt organization or entity by the United States
Department of the Treasury under I.R.C. 501(c)(3) that is required to
report to the [department of law] JOINT COMMISSION ON PUBLIC ETHICS
pursuant to this section.
(b) "In-kind donation" shall mean [donations] ANY CONTRIBUTION OR
DONATION of staff, staff time, personnel, offices, office supplies,
S. 1510 68 A. 2010
[financial] OR OTHER NON-MONETARY support of any kind [or any other
resources].
(c) ["Donation"] "MONETARY DONATION" shall mean any FINANCIAL contrib-
ution, including a MONETARY gift, loan, [in-kind donation,] OR advance
[or deposit of money or anything of value].
(d) "Recipient entity" shall mean any corporation or entity that is
qualified as an exempt organization or entity by the United States
Department of the Treasury under I.R.C. 501(c)(4) that is required to
file a source of funding report with the joint commission on public
ethics pursuant to sections one-h and one-j of the legislative law.
(e) "Reporting period" shall mean the six month period within a calen-
dar year starting January first and ending June thirtieth or the six
month period within a calendar year starting July first and ending
December thirty-first.
2. Funding disclosure reports to be filed by covered entities. (a) Any
covered entity that makes A MONETARY DONATION OR an in-kind donation in
excess of two thousand five hundred dollars to a recipient entity during
a [relevant] reporting period shall file a funding disclosure report
with the [department of law] JOINT COMMISSION ON PUBLIC ETHICS. The
funding disclosure report shall include:
(i) the name and address of the covered entity that made the MONETARY
OR in-kind donation;
(ii) the name and address of the recipient entity that received or
benefitted from the MONETARY OR in-kind donation;
(iii) the names of any persons who exert operational or managerial
control over the covered entity. The disclosures required by this para-
graph shall include the name of at least one natural person;
(iv) the date the MONETARY OR in-kind donation was made by the covered
entity;
(v) [any donation in excess of two thousand five hundred dollars to
the covered entity during the relevant reporting period including the
identity of the donor of any such donation] THE NAME AND ADDRESS OF ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR GROUP THAT MADE ANY MONETARY OR
IN-KIND DONATION IN EXCESS OF TWO THOUSAND FIVE HUNDRED DOLLARS TO THE
COVERED ENTITY DURING THE RELEVANT REPORTING PERIOD; and
(vi) the date of any such MONETARY OR IN-KIND donation to a covered
entity.
(b) The covered entity shall file a funding disclosure report with the
[department of law] JOINT COMMISSION ON PUBLIC ETHICS within thirty days
of the close of a reporting period.
(C) THE RECIPIENT ENTITY SHALL SEND A WRITTEN NOTIFICATION TO ANY
COVERED ENTITY WHO HAS MADE AN IN-KIND OR MONETARY DONATION IN EXCESS OF
TWO THOUSAND FIVE HUNDRED DOLLARS TO THE RECIPIENT ENTITY DURING A RELE-
VANT REPORTING PERIOD. SUCH NOTIFICATION SHALL ADVISE THAT THE RECIPIENT
ENTITY IS REQUIRED TO FILE A SOURCE OF FUNDING REPORT WITH THE JOINT
COMMISSION ON PUBLIC ETHICS PURSUANT TO SECTIONS ONE-H AND ONE-J OF THE
LEGISLATIVE LAW.
(D) A COVERED ENTITY THAT MAINTAINS ONE OR MORE SEGREGATED BANK
ACCOUNTS CONTAINING FUNDS USED SOLELY FOR MONETARY DONATIONS AND MAKES
ALL OF ITS MONETARY DONATIONS TO RECIPIENT ENTITIES FROM SUCH AN ACCOUNT
AND MAKES NO IN-KIND DONATIONS, THEN WITH RESPECT TO DONATIONS INCLUDED
IN PARAGRAPH (A) OF THIS SUBDIVISION, THE FUNDING DISCLOSURE REPORT NEED
ONLY INCLUDE MONETARY DONATIONS DEPOSITED INTO SUCH ACCOUNTS.
3. Public disclosure of funding disclosure reports. The [department of
law] JOINT COMMISSION ON PUBLIC ETHICS shall promulgate any regulations
necessary to implement these requirements and shall [forward the disclo-
S. 1510 69 A. 2010
sure reports to the joint commission on public ethics for the purpose of
publishing such] PUBLISH THE FUNDING DISCLOSURE reports on the commis-
sion's website, within thirty days of the close of each reporting peri-
od; provided however that [the attorney general] UP TO ONE HUNDRED
EIGHTY DAYS BEFORE THE START OF A REPORTING PERIOD, OR AT ANY TIME IF
GOOD CAUSE IS SHOWN, A COVERED ENTITY MAY MAKE AN APPLICATION FOR AN
EXEMPTION FROM THE PUBLIC DISCLOSURE REQUIREMENTS OUTLINED IN THIS
SUBDIVISION. EXEMPTION DETERMINATIONS SHALL BE MADE BY THE EXECUTIVE
DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS, or his or her desig-
nee, WHO may determine that disclosure of donations to the covered enti-
ty shall not be made public if, based upon a review of the relevant
facts presented by the covered entity, such disclosure may cause harm,
threats, harassment, or reprisals to the source of the donation or to
individuals or property affiliated with the source of the donation.
WITH RESPECT TO FUTURE DONATIONS AND DONORS, THE EXECUTIVE DIRECTOR OF
THE JOINT COMMISSION ON PUBLIC ETHICS, OR HIS OR HER DESIGNEE, SHALL
DETERMINE THAT DISCLOSURE OF DONATIONS TO THE COVERED ENTITY SHALL NOT
BE MADE PUBLIC IF, BASED UPON A REVIEW OF THE RELEVANT FACTS PRESENTED
BY THE COVERED ENTITY, SUCH DISCLOSURE IS LIKELY TO CAUSE FUTURE HARM,
THREATS, HARASSMENT, OR REPRISALS TO FUTURE DONORS, OR IS LIKELY TO
DISSUADE FUTURE DONORS FROM DONATING TO THE COVERED ENTITY. THE DETERMI-
NATION OF THE EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC
ETHICS THAT CERTAIN DISCLOSURES SHALL NOT BE MADE PUBLIC SHALL REMAIN IN
EFFECT FOR TWO CONSECUTIVE REPORTING PERIODS AND MAY BE EXTENDED BY THE
EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS, OR HIS OR
HER DESIGNEE, BASED UPON GOOD CAUSE SHOWN. The covered entity may appeal
the [attorney general's] determination OF THE EXECUTIVE DIRECTOR OF THE
JOINT COMMISSION ON PUBLIC ETHICS and such appeal shall be heard by a
judicial hearing officer who is independent and not affiliated with or
employed by the [department of law] JOINT COMMISSION ON PUBLIC ETHICS,
pursuant to regulations promulgated by the [department of law] JOINT
COMMISSION ON PUBLIC ETHICS. The covered entity's sources of donations
that are the subject of such appeal shall not be made public pending
final judgment on appeal.
§ 2. Paragraph (b) of subdivision 1, paragraph (c) of subdivision 2
and subdivision 3 of section 172-f of the executive law, as added by
section 1 of part G of chapter 286 of the laws of 2016, are amended to
read as follows:
(b) "Covered communication" means a communication, that does not
require a report pursuant to article one-A of the legislative law or
article fourteen of the election law, by a covered entity, THAT IS
conveyed to five hundred or more members of a general public audience in
the form of: (i) an audio or video communication via broadcast, cable or
satellite; (ii) a written communication via advertisements, pamphlets,
circulars, flyers, brochures, letterheads; or (iii) other published
statement which[:] refers to and advocates for or against: a clearly
identified elected official [or the position of any elected official or
administrative or legislative body relating to], A DECLARED CANDIDATE
FOR ELECTED OFFICE, the outcome of any vote [or substance of any legis-
lation, potential legislation, pending legislation] OR DECISION BY ANY
LEGISLATIVE, EXECUTIVE OR ADMINISTRATIVE BODY, OR THE DRAFTING, PASSAGE
OR DEFEAT OF ANY LEGISLATION, rule, regulation, OR hearing[, or decision
by any legislative, executive or administrative body].
Covered communication shall not include: (i) communications with a
professional journalist or newscaster, including an editorial board or
editorial writer of a newspaper, magazine, news agency, press associ-
S. 1510 70 A. 2010
ation or wire service, relating to news, as these terms are defined in
section seventy-nine-h of the civil rights law, and communications
relating to confidential and non-confidential news as described in
subdivisions (b) and (c) of section seventy-nine-h of the civil rights
law respectively and communications made pursuant to community outreach
efforts for broadcast stations required by federal law; or
(ii) a communication that is: (A) directed, sent or distributed by the
covered entity only to individuals who affirmatively consent to be
members of the covered entity, contribute funds to the covered entity,
or, pursuant to the covered entity's articles or bylaws, have the right
to vote directly or indirectly for the election of directors or offi-
cers, or on changes to bylaws, disposition of all or substantially all
of the covered entity's assets or the merger or dissolution of the
covered entity; or (B) for the purpose of promoting or staging any
candidate debate, town hall or similar forum to which at least two
candidates seeking the same office, or two proponents of differing posi-
tions on a referendum or question submitted to voters, are invited as
participants, and which does not promote or advance one candidate or
position over another.
(c) [If a] A covered entity [keeps] THAT MAINTAINS one or more segre-
gated bank accounts containing funds used solely for covered communi-
cations and makes all of its expenditures for covered communications
from such accounts, then with respect to MONETARY donations included in
subparagraph (iv) of paragraph (a) of this subdivision, the financial
report need only include MONETARY donations deposited into such
accounts.
3. The [department of law] JOINT COMMISSION ON PUBLIC ETHICS shall
make the financial disclosure reports available to the public on the
[department of law] JOINT COMMISSION ON PUBLIC ETHICS website within
thirty days of the close of each reporting period, provided however that
[the attorney general] UP TO ONE HUNDRED EIGHTY DAYS BEFORE THE START OF
A REPORTING PERIOD, OR AT ANY TIME IF GOOD CAUSE IS SHOWN, A COVERED
ENTITY MAY MAKE AN APPLICATION FOR AN EXEMPTION FROM THE PUBLIC DISCLO-
SURE REQUIREMENTS OUTLINED IN SUBDIVISION TWO OF THIS SECTION. EXEMPTION
DETERMINATIONS SHALL BE MADE BY THE EXECUTIVE DIRECTOR OF THE JOINT
COMMISSION ON PUBLIC ETHICS, or his or her designee, WHO may determine
that disclosure of donations shall not be made public if, based upon a
review of the relevant facts presented by the covered entity, such
disclosure may cause harm, threats, harassment, or reprisals to the
source of the donation or to individuals or property affiliated with the
source of the donation. WITH RESPECT TO FUTURE DONATIONS AND DONORS,
THE EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS, OR HIS
OR HER DESIGNEE, SHALL DETERMINE THAT DISCLOSURE OF DONATIONS TO THE
COVERED ENTITY SHALL NOT BE MADE PUBLIC IF, BASED UPON A REVIEW OF THE
RELEVANT FACTS PRESENTED BY THE COVERED ENTITY, SUCH DISCLOSURE IS LIKE-
LY TO CAUSE FUTURE HARM, THREATS, HARASSMENT, OR REPRISALS TO FUTURE
DONORS, OR IS LIKELY TO DISSUADE FUTURE DONORS FROM DONATING TO THE
COVERED ENTITY. THE DETERMINATION OF THE EXECUTIVE DIRECTOR OF THE JOINT
COMMISSION ON PUBLIC ETHICS THAT CERTAIN DISCLOSURES SHALL NOT BE MADE
PUBLIC SHALL REMAIN IN EFFECT FOR TWO CONSECUTIVE REPORTING PERIODS AND
MAY BE EXTENDED BY THE EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON
PUBLIC ETHICS, OR HIS OR HER DESIGNEE, BASED UPON GOOD CAUSE SHOWN. The
covered entity may appeal the [attorney general's] determination OF THE
EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS and such
appeal shall be heard by a judicial hearing officer who is independent
and not affiliated with or employed by the [department of law] JOINT
S. 1510 71 A. 2010
COMMISSION ON PUBLIC ETHICS, pursuant to regulations promulgated by the
[department of law] JOINT COMMISSION ON PUBLIC ETHICS. The covered enti-
ty shall not be required to disclose the sources of donations that are
the subject of such appeal pending final judgment on appeal.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART R
Section 1. Subdivision (w) of section 1-c of the legislative law, as
added by section 8 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
(w) The term "reportable business relationship" shall mean EITHER a
relationship in which compensation is paid by a lobbyist or by a client
of a lobbyist, in exchange for any goods, services or anything of value,
the total value of which is in excess of [one thousand] FIVE HUNDRED
dollars annually, to be performed or provided by or intended to be
performed or provided by (i) any statewide elected official, state offi-
cer, state employee, member of the legislature or legislative employee,
or (ii) any entity in which the lobbyist or the client of a lobbyist
knows or has reason to know the statewide elected official, state offi-
cer, state employee, member of the legislature or legislative employee
is a proprietor, partner, director, officer or manager, or owns or
controls ten percent or more of the stock of such entity (or one percent
in the case of a corporation whose stock is regularly traded on an
established securities exchange).
§ 2. Subdivision (a) of section 1-h of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Any lobbyist required to file a statement of registration pursuant
to section one-e of this article who in any lobbying year reasonably
anticipates that during the year such lobbyist will expend, incur or
receive combined reportable compensation and expenses in an amount in
excess of five [thousand] HUNDRED dollars, as provided in paragraph five
of subdivision (b) of this section, for the purpose of lobbying, shall
file with the commission a bi-monthly written report, on forms supplied
by the commission, by the fifteenth day next succeeding the end of the
reporting period in which the lobbyist was first required to file a
statement of registration. Such reporting periods shall be the period of
January first to the last day of February, March first to April thirti-
eth, May first to June thirtieth, July first to August thirty-first,
September first to October thirty-first and November first to December
thirty-first.
§ 3. Subdivision (a) of section 1-j of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Semi-annual reports shall be filed by any client retaining,
employing or designating a lobbyist or lobbyists, whether or not any
such lobbyist was required to file a bi-monthly report, if such client
reasonably anticipates that during the year such client will expend or
incur an amount in excess of five [thousand] HUNDRED dollars of combined
reportable compensation and expenses, as provided in paragraph five of
subdivision [(c)] (B) of this section, for the purposes of lobbying.
§ 4. Paragraphs 3 and 4 of subdivision (a) of section 1-e of the
legislative law, as amended by chapter 1 of the laws of 2005, are
amended to read as follows:
(3) Commencing calendar year two thousand five and thereafter every
lobbyist shall biennially file with the commission, on forms provided by
S. 1510 72 A. 2010
the commission, a statement of registration for each biennial period
beginning with the first year of the biennial cycle commencing calendar
year two thousand five and thereafter; provided, however, that the bien-
nial filing of such statement of registration shall not be required of
any lobbyist who (i) in any year prior to calendar year two thousand six
does not expend, incur or receive an amount in excess of two thousand
dollars of reportable compensation and expenses, as provided in para-
graph five of subdivision (b) of section one-h of this article, for the
purposes of lobbying and commencing with calendar year two thousand six
does not expend, incur or receive an amount in excess of five thousand
dollars of reportable compensation, as provided in paragraph five of
subdivision (b) of section one-h of this article for the purposes of
lobbying [or] AND (ii) STARTING YEAR TWO THOUSAND TWENTY-ONE, DOES NOT
EXPEND, INCUR OR RECEIVE AN AMOUNT IN EXCESS OF FIVE HUNDRED DOLLARS OF
REPORTABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARAGRAPH FIVE OF
SUBDIVISION (B) OF SECTION ONE-H OF THIS ARTICLE, FOR THE PURPOSES OF
LOBBYING COMMENCING WITH CALENDAR YEAR TWO THOUSAND TWENTY-ONE DOES NOT
EXPEND, INCUR OR RECEIVE AN AMOUNT IN EXCESS OF FIVE HUNDRED DOLLARS OF
REPORTABLE COMPENSATION, AS PROVIDED IN PARAGRAPH FIVE OF SUBDIVISION
(B) OF SECTION ONE-H OF THIS ARTICLE FOR THE PURPOSES OF LOBBYING OR
(III) is an officer, director, trustee or employee of any public corpo-
ration, when acting in such official capacity; provided however, that
nothing in this section shall be construed to relieve any public corpo-
ration of the obligation to file such statements and reports as required
by this article.
(4) Such biennial filings shall be completed on or before January
first of the first year of a biennial cycle commencing in calendar year
two thousand five and thereafter, by those persons who have been
retained, employed or designated as lobbyist on or before December
fifteenth of the previous calendar year and who reasonably anticipate
that in the coming year they will expend, incur or receive combined
reportable compensation and expenses in an amount in excess of two thou-
sand dollars in years prior to calendar year two thousand six and five
thousand dollars [commencing in] FROM two thousand six TO TWO THOUSAND
TWENTY AND FIVE HUNDRED DOLLARS COMMENCING IN TWO THOUSAND TWENTY-ONE;
for those lobbyists retained, employed or designated after the previous
December fifteenth, and for those lobbyists who subsequent to their
retainer, employment or designation reasonably anticipate combined
reportable compensation and expenses in excess of such amount, such
filing must be completed within fifteen days thereafter, but in no event
later than ten days after the actual incurring or receiving of such
reportable compensation and expenses.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.
PART S
Section 1. Subparagraphs (i) and (ii) of subdivision (a) of section
1-o of the legislative law, as added by chapter 14 of the laws of 2007,
are amended to read as follows:
(i) Any lobbyist, public corporation, or client who knowingly and
wilfully fails to file timely a report or statement required by this
section or knowingly and wilfully files false information or knowingly
and wilfully violates section one-m of this article shall be guilty of a
class A misdemeanor AND MAY BE BARRED FROM ENGAGING IN LOBBYING ACTIV-
S. 1510 73 A. 2010
ITIES, AS THE TERM IS DEFINED IN SUBDIVISION (C) OF SECTION ONE-C OF
THIS ARTICLE, FOR A PERIOD OF UP TO TWO YEARS; and
(ii) any lobbyist, public corporation, or client who knowingly and
wilfully fails to file timely a report or statement required by this
section or knowingly and wilfully files false information or knowingly
and wilfully violates section one-m of this article, after having previ-
ously been convicted in the preceding [five] TEN years of the crime
described in paragraph (i) of this subdivision, shall be guilty of a
class E felony. Any lobbyist, PUBLIC CORPORATION OR CLIENT convicted of
or pleading guilty to a felony under the provisions of this section
[may] SHALL be barred from [acting as a lobbyist] ENGAGING IN LOBBYING
ACTIVITIES, AS THE TERM IS DEFINED IN SUBDIVISION (C) OF SECTION ONE-C
OF THIS ARTICLE, for a period of [one year] NO LESS THAN TWO YEARS AND
NO MORE THAN SIX YEARS from the date of the conviction. For the purposes
of this subdivision, the chief administrative officer of any organiza-
tion required to file a statement or report shall be the person respon-
sible for making and filing such statement or report unless some other
person prior to the due date thereof has been duly designated to make
and file such statement or report.
§ 2. Subparagraph (B) of paragraph (iii) of subdivision (b) of section
1-o of the legislative law, as added by chapter 14 of the laws of 2007,
is amended to read as follows:
(B) If, after a lobbyist or client has been found to have violated
subdivision one of section one-n of this article, a lobbyist or client
knowingly and wilfully violates the provisions of subdivision one of
section one-n of this article within [four] TEN years of such finding,
the lobbyist or client shall be subject to a civil penalty not to exceed
twenty-five thousand dollars.
§ 3. Paragraph (iv) of subdivision (b) of section 1-o of the legisla-
tive law, as added by chapter 14 of the laws of 2007, is amended to read
as follows:
(iv) Any lobbyist or client that knowingly and wilfully fails to file
a statement or report within the time required for the filing of such
report, knowingly and wilfully files a false statement or report, or
knowingly and wilfully violates section one-m of this article, after
having been found by the commission to have knowing and wilfully commit-
ted such conduct or violation in the preceding [five] TEN years, may be
subject to a determination that the lobbyist or client is [prohibited]
BARRED from engaging in lobbying activities, as that term is defined in
[paragraph (v) of] subdivision (c) of section one-c of this article, for
a period of [one year] NO LESS THAN TWO YEARS AND NO MORE THAN SIX
YEARS.
§ 4. Paragraph (v) of subdivision (b) of section 1-o of the legisla-
tive law, as added by chapter 14 of the laws of 2007, is amended to read
as follows:
(v) Any lobbyist, PUBLIC CORPORATION or client that knowingly and
wilfully engages in lobbying activities, as that term is defined in
[paragraph (v) of] subdivision (c) of section one-c of this article,
during the period in which THE COMMISSION DETERMINED THAT they are
[prohibited] BARRED from engaging in lobbying activities, [as that term
is defined in paragraph (v) of subdivision (c) of section one-c of this
article] pursuant to this [subdivision] SECTION, SHALL BE GUILTY OF A
CLASS E FELONY AND may be subject to a determination that the lobbyist,
PUBLIC CORPORATION, or client is prohibited from engaging in lobbying
activities[, as that term is defined in paragraph (v) of subdivision (c)
of section one-c of this article,] for a period of [up to four] NOT LESS
S. 1510 74 A. 2010
THAN TWO AND NO MORE THAN TEN years, and SUCH LOBBYIST, PUBLIC CORPO-
RATION OR CLIENT, IN ADDITION TO OR IN LIEU OF SUCH PENALTY shall be
subject to a civil penalty not to exceed fifty thousand dollars, plus a
civil penalty in an amount equal to five times the value of any gift,
compensation or benefit received as a result of the violation.
§ 5. Subdivision (b) of section 1-o of the legislative law, is amended
by adding a new paragraph (vii) to read as follows:
(VII) A LOBBYIST OR CLIENT WHO, DURING THE CONDUCT OF A RANDOM AUDIT
PURSUANT TO SECTION ONE-D OF THIS CHAPTER, KNOWINGLY AND WILLFULLY FAILS
TO COMPLY WITH REQUESTS FOR THE PRODUCTION OF DOCUMENTS BEARING UPON ANY
MATTERS REQUIRED TO BE INCLUDED IN A FILING OR REGISTRATION OR OTHERWISE
FAILS TO COMPLY WITH REQUESTS OF THE COMMISSION RELATED TO THE ENFORCE-
MENT OF THIS CHAPTER, SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
TEN THOUSAND DOLLARS.
§ 6. Paragraphs (i) and (ii) of subdivision (c) of section 1-o of the
legislative law, as added by chapter 14 of the laws of 2007, are amended
to read as follows:
(i) Any assessment or order to debar RENDERED BY THE COMMISSION PURSU-
ANT TO THIS SECTION shall be determined only after a hearing at which
the party shall be entitled to appear, present evidence and be heard. IN
ORDERING DEBARMENT, THE COMMISSION SHALL CONSIDER WHETHER THE FACTS,
CIRCUMSTANCES AND PUBLIC INTEREST WARRANT ANY FIRM, PARTNERSHIP OR
CORPORATION OF, OR IN WHICH SUCH LOBBYIST IS OR BECOMES A SHAREHOLDER,
OWNER, MEMBER, PARTNER, DIRECTOR OR OFFICER BE BARRED FROM ACTING AS A
LOBBYIST. IF IT SO FINDS, THEN SUCH ORDER OF DEBARMENT SHALL APPLY TO
SUCH FIRM, PARTNERSHIP OR CORPORATION, AS WELL. Any assessment or order
to debar pursuant to this section may only be imposed after the commis-
sion sends by certified and first-class mail written notice of intent to
assess a penalty or order to debar and the basis for the penalty or
order to debar. Any assessment may be recovered in an action brought by
the attorney general AND, IF ASSESSED AGAINST A FIRM, PARTNERSHIP OR
CORPORATION MAY, IF THE COMMISSION SO FINDS THE FACTS, CIRCUMSTANCES AND
PUBLIC INTEREST SO WARRANT, NOTWITHSTANDING ANY OTHER LAW TO THE CONTRA-
RY, BE ASSESSED JOINTLY AND SEVERALLY AGAINST THE SHAREHOLDERS, OWNERS,
MEMBERS, PARTNERS, DIRECTORS AND OFFICERS OF SUCH FIRM, PARTNERSHIP OR
CORPORATION.
(ii) In assessing any fine or penalty pursuant to this section, the
commission shall consider: (A) as a mitigating factor that the lobbyist,
public corporation or client has not previously been required to regis-
ter, and (B) (1) as an aggravating factor that the lobbyist, public
corporation or client has RECEIVED WRITTEN NOTICE PURSUANT TO SUBDIVI-
SION THIRTEEN OF SECTION NINETY-FOUR OF THE EXECUTIVE LAW OF THE EXIST-
ENCE OF A POSSIBLE VIOLATION OR VIOLATIONS OF LAW, PREVIOUSLY ENTERED
INTO A SETTLEMENT WITH THE COMMISSION OR HAD OTHERWISE BEEN THE SUBJECT
OF AN INVESTIGATION COMMENCED PURSUANT TO SUCH SUBDIVISION, OR had fines
or penalties assessed against it in the past. The amount of compensation
expended, incurred or received shall be a factor to consider in deter-
mining a proportionate penalty. (2) FOR THE PURPOSES OF THIS SECTION,
WHERE THE LOBBYIST IS AN INDIVIDUAL, PAST PENALTIES SHALL INCLUDE ANY
PENALTIES LEVIED AGAINST SUCH LOBBYIST OR LEVIED AGAINST ANY FIRM, PART-
NERSHIP, OR CORPORATION OF OR IN WHICH SUCH LOBBYIST PARTICIPATED IN AND
SHARED CULPABILITY FOR THE ACTS RESULTING IN SUCH PAST PENALTIES.
§ 7. Section 1-o of the legislative law is amended by adding a new
subdivision (e) to read as follows:
(E) ANY LOBBYIST, PUBLIC CORPORATION, OR CLIENT WHO, KNOWING THAT A
STATEMENT OR REPORT MADE PURSUANT TO THIS ARTICLE CONTAINS FALSE INFOR-
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MATION, AND WITH INTENT TO DEFRAUD THE STATE, OFFERS OR PRESENTS A
STATEMENT OR REPORT TO THE COMMISSION WITH THE KNOWLEDGE OR BELIEF THAT
IT WILL BE FILED WITH, REGISTERED OR RECORDED IN OR OTHERWISE BECOME A
PART OF THE RECORDS OF THE COMMISSION, SHALL BE GUILTY OF A CLASS E
FELONY, AND MAY BE SUBJECT TO A PENALTY OF THE GREATER OF SEVENTY-FIVE
THOUSAND DOLLARS, OR AN AMOUNT EQUAL TO TEN TIMES THE VALUE OF ANY
COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF THE VIOLATION. THE
COMMISSION MAY ASSESS SUCH CIVIL PENALTIES.
§ 8. This act shall take effect immediately; provided however, the
provisions of this act shall only be applicable to conduct occurring
after this act shall have become a law.
PART T
Section 1. Paragraph (a) of subdivision 8 of section 73 of the public
officers law, as amended by chapter 299 of the laws of 1995, subpara-
graph (iii) as amended and subparagraph (iv) as added by chapter 14 of
the laws of 2007, is amended to read as follows:
(a) (i) No person who has served as a state officer or employee shall
within a period of [two] FIVE years after the termination of such
service or employment appear or practice before such state agency,
REGISTER AS A LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A
OF THE LEGISLATIVE LAW or receive compensation for any services rendered
by such former officer or employee on behalf of any person, firm, corpo-
ration or association in relation to any case, proceeding or application
or other matter before such agency.
(ii) No person who has served as a state officer or employee, WHO WAS
REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
SECTION SEVENTY-THREE-A OF THIS ARTICLE, shall after the termination of
such service or employment appear, practice, communicate, REGISTER AS A
LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A OF THE LEGIS-
LATIVE LAW or otherwise render services before any state agency or
receive compensation for any such services rendered by such former offi-
cer or employee on behalf of any person, firm, corporation or other
entity in relation to any case, proceeding, application or transaction
with respect to which such person was directly concerned and in which he
or she personally participated during the period of his or her service
or employment, or which was under his or her active consideration.
(iii) No person who has served as a member of the legislature WHO WAS
REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
SECTION SEVENTY-THREE-A OF THIS ARTICLE shall within a period of [two]
FIVE years after the termination of such service receive compensation
for any services on behalf of any person, firm, corporation or associ-
ation to promote or oppose, directly or indirectly, the passage of bills
or resolutions by either house of the legislature, OR REGISTER AS A
LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A OF THE LEGIS-
LATIVE LAW. No legislative employee, WHO WAS REQUIRED TO FILE AN ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF
THIS ARTICLE, shall within a period of [two] FIVE years after the termi-
nation of such service receive compensation for any services on behalf
of any person, firm, corporation or association to appear, practice or
directly communicate before either house of the legislature to promote
or oppose the passage of bills or resolutions by either house of the
legislature, OR REGISTER AS A LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED
IN ARTICLE ONE-A OF THE LEGISLATIVE LAW.
S. 1510 76 A. 2010
(iv) No person who has served as an officer or employee in the execu-
tive chamber of the governor, WHO WAS REQUIRED TO FILE AN ANNUAL STATE-
MENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF THIS
ARTICLE, shall within a period of [two] FIVE years after termination of
such service appear or practice before any state agency, OR REGISTER AS
A LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A OF THE
LEGISLATIVE LAW.
§ 2. This act shall take effect on January 1, 2020 and shall only
apply to persons leaving state service after the effective date of this
act.
PART U
Section 1. Section 107 of the civil service law is amended by adding a
new subdivision 4-a to read as follows:
4-A. NO OFFICER OR EMPLOYEE OF A STATEWIDE OFFICEHOLDER, A STATE
SENATOR, OR A MEMBER OF THE ASSEMBLY, SHALL BE PERMITTED TO VOLUNTEER
HIS OR HER SERVICES IN FURTHERANCE OF A CAMPAIGN FOR ELECTED OFFICE IN
WHICH THE EMPLOYING ELECTED OFFICEHOLDER IS THE CAMPAIGN CANDIDATE.
§ 2. This act shall take effect immediately.
PART V
Section 1. Subdivision 1 of section 94 of the executive law, as
amended by section 6 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
1. There is established within the department of state a joint commis-
sion on public ethics which shall consist of fourteen members and shall
have and exercise the powers and duties set forth in this section with
respect to statewide elected officials, members of the legislature and
employees of the legislature, and state officers and employees, as
defined in sections seventy-three and seventy-three-a of the public
officers law, candidates for statewide elected office and for the senate
or assembly, and the political party chairman as that term is defined in
section seventy-three-a of the public officers law, lobbyists and the
clients of lobbyists as such terms are defined in article one-A of the
legislative law, and individuals who have formerly held such positions,
were lobbyists or clients of lobbyists, as such terms are defined in
article one-A of the legislative law, or who have formerly been such
candidates. THE COMMISSION SHALL ALSO HAVE AND EXERCISE THE POWERS SET
FORTH IN THIS SECTION WITH RESPECT TO COVERED MUNICIPAL OFFICERS AS SUCH
TERM IS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE GENERAL MUNICIPAL
LAW, PROVIDED, HOWEVER, THAT THE JURISDICTION OF THE JOINT COMMISSION ON
PUBLIC ETHICS WITH RESPECT TO SUCH COVERED MUNICIPAL OFFICERS SHALL BE
LIMITED TO THE PROVISIONS OF THIS SECTION RELATING TO THE FILING OF
ACCURATE ANNUAL STATEMENTS OF FINANCIAL DISCLOSURE, AND PROVIDED,
FURTHER, IF THE COMMISSION HAS A REASONABLE BASIS TO BELIEVE THAT THERE
ARE ETHICAL OR LEGAL ISSUES OUTSIDE ITS JURISDICTION, BUT RELATED TO THE
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE, SUCH ISSUES SHALL BE REFERRED
TO THE APPROPRIATE BODY AS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE
GENERAL MUNICIPAL LAW OR THE DISTRICT ATTORNEY FROM THE COUNTY WHERE THE
MUNICIPAL CORPORATION IS LOCATED. This section shall not be deemed to
have revoked or rescinded any regulations or advisory opinions issued by
the legislative ethics commission, the commission on public integrity,
the state ethics commission and the temporary lobbying commission in
effect upon the effective date of chapter fourteen of the laws of two
S. 1510 77 A. 2010
thousand seven which amended this section to the extent that such regu-
lations or opinions are not inconsistent with any law of the state of
New York, but such regulations and opinions shall apply only to matters
over which such commissions had jurisdiction at the time such regu-
lations and opinions were promulgated or issued. The commission shall
undertake a comprehensive review of all such regulations and opinions,
which will address the consistency of such regulations and opinions
among each other and with the new statutory language, and of the effec-
tiveness of the existing laws, regulations, guidance and ethics enforce-
ment structure to address the ethics of covered public officials and
related parties. Such review shall be conducted with the legislative
ethics commission and, to the extent possible, the report's findings
shall reflect the full input and deliberations of both commissions after
joint consultation. The commission shall, before February first, two
thousand fifteen, report to the governor and legislature regarding such
review and shall propose any regulatory or statutory changes and issue
any advisory opinions necessitated by such review.
§ 2. Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
of the executive law, as amended by section 6 of part A of chapter 399
of the laws of 2011, is amended to read as follows:
(1) the information set forth in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law AND PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED
ELEVEN AND SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE GENER-
AL MUNICIPAL LAW, except information deleted pursuant to paragraph (h)
of subdivision nine of this section;
§ 3. Section 810 of the general municipal law is amended by adding a
new subdivision 13 to read as follows:
13. "COVERED MUNICIPAL OFFICER" MEANS (A) ANY INDIVIDUAL ELECTED TO
SERVE THE GOVERNMENT OF ANY MUNICIPAL CORPORATION WHO RECEIVES COMPEN-
SATION OF FIFTY THOUSAND DOLLARS OR MORE ANNUALLY FROM SUCH MUNICIPAL
CORPORATION AS WELL AS (B) ANY INDIVIDUAL WHO IS EITHER ELECTED OR
APPOINTED TO SERVE AS COUNTY EXECUTIVE, COUNTY MANAGER, OR CHAIR OF THE
COUNTY BOARD OF SUPERVISORS.
§ 4. Section 811 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, OR RESOLUTION PROVID-
ING FOR THE ANNUAL FILING OF AN ANNUAL STATEMENT OF FINANCIAL DISCLO-
SURE, A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
PROVIDED, HOWEVER A COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING
REQUIREMENTS OF THIS SUBDIVISION BY FILING A COPY OF THE STATEMENT OF
FINANCIAL DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDI-
VISION ONE OF THIS SECTION WITH THE JOINT COMMISSION ON PUBLIC ETHICS ON
OR BEFORE THE FILING DEADLINE PROVIDED IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW, IF SUCH STATEMENT OF FINANCIAL DISCLOSURE FILED
PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE OF THIS SECTION
HAS BEEN AUTHORIZED BY THE JOINT COMMISSION ON PUBLIC ETHICS PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION.
(B) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A
RESOLUTION TO REQUEST AUTHORIZATION FROM THE JOINT COMMISSION ON PUBLIC
ETHICS FOR ITS COVERED MUNICIPAL OFFICERS TO FILE WITH THE JOINT COMMIS-
SION ON PUBLIC ETHICS A COPY OF THE ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE
OF THIS SECTION TO SATISFY THE FILING REQUIREMENTS OF A COVERED MUNICI-
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PAL OFFICER OF PARAGRAPH (A) OF THIS SUBDIVISION. THE JOINT COMMISSION
ON PUBLIC ETHICS SHALL PROMPTLY MAKE A DETERMINATION IN RESPONSE TO EACH
REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR ITS DETERMINATION. IF
AUTHORIZATION IS DENIED, THE MUNICIPAL CORPORATION MAY AMEND ITS REQUEST
AND RESUBMIT.
(C) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A LOCAL
LAW, ORDINANCE, OR RESOLUTION AUTHORIZING ITS COVERED MUNICIPAL OFFICERS
TO SATISFY THE FILING REQUIREMENTS OF PARAGRAPH (A) OR (A-1) OF SUBDIVI-
SION ONE OF THIS SECTION BY FILING A COPY OF THE ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE AS SET FORTH IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW FILED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
WITH THE APPROPRIATE BODY.
§ 5. Subdivision 1 of section 812 of the general municipal law is
amended by adding a new paragraph (j) to read as follows:
(J) A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS. A
COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING REQUIREMENTS OF PARA-
GRAPH (A) OF THIS SUBDIVISION BY FILING A COPY OF THE ANNUAL STATEMENT
OF FINANCIAL DISCLOSURE FILED PURSUANT TO THIS PARAGRAPH WITH THE APPRO-
PRIATE BODY.
§ 6. This act shall take effect January 1, 2021.
PART W
Section 1. Section 1-a of the legislative law, as added by chapter 2
of the laws of 1999, is amended to read as follows:
§ 1-a. Legislative declaration. (A) The legislature hereby declares
that the operation of responsible democratic government requires that
the fullest opportunity be afforded to the people to petition their
government for the redress of grievances and to express freely to appro-
priate officials their opinions on legislation and governmental oper-
ations; and that, to preserve and maintain the integrity of the govern-
mental decision-making process in this state, it is necessary that the
identity, expenditures and activities of persons and organizations
retained, employed or designated to influence the passage or defeat of
any legislation by either house of the legislature or the approval, or
veto, of any legislation by the governor and attempts to influence the
adoption or rejection of any rule or regulation having the force and
effect of law or the outcome of any rate making proceeding by a state
agency, and the attempts to influence the passage or defeat of any local
law, ordinance, or regulation be publicly and regularly disclosed.
(B) CODE OF CONDUCT FOR LOBBYISTS. TO HELP PRESERVE AND ADVANCE THE
PRINCIPLES ARTICULATED IN SUBDIVISION (A) OF THIS SECTION, EVERY LOBBY-
IST SHALL UPHOLD THE FOLLOWING MINIMUM STANDARDS OF PROFESSIONAL
CONDUCT:
(I) DUTY OF HONESTY AND LOYALTY:
A LOBBYIST SHALL ACT WITH HONESTY, INTEGRITY, AND IN GOOD FAITH WITH
RESPECT TO BOTH HIS OR HER CLIENTS AND TO GOVERNMENT OFFICIALS. A
LOBBYIST SHALL NOT REPRESENT CLIENTS WITH CONFLICTING INTERESTS, OR
INTERESTS THAT APPEAR TO BE CONFLICTING, WITHOUT THE INFORMED CONSENT,
IN WRITING, OF ALL RELEVANT CLIENTS. WHERE SUCH INFORMED CONSENT OF A
CONFLICT IS GIVEN BY A LOBBYIST'S CLIENTS, THE LOBBYIST HAS A DUTY TO
DISCLOSE THE CONFLICT AND THE CLIENT CONSENT TO ANY GOVERNMENT OFFICIAL
THAT THE LOBBYIST INTERACTS WITH ON THAT MATTER.
(II) DUTY OF DISCLOSURE:
S. 1510 79 A. 2010
A LOBBYIST SHALL INFORM HIS OR HER CLIENT OF THE LOBBYIST DISCLOSURE
DUTIES PURSUANT TO THE LEGISLATIVE LAW AND SHALL INFORM THEIR CLIENT
ABOUT HIS OR HER DUTIES PURSUANT TO THIS CODE OF CONDUCT. A LOBBYIST
SHALL COMMUNICATE WITH HIS OR HER CLIENT TO IDENTIFY, DISCLOSE, AND
RESOLVE ANY ACTUAL OR APPEARANCES OF A CONFLICT OF INTEREST. A LOBBYIST
SHALL INFORM HIS OR HER CLIENT IF ANY OTHER PERSON OR ENTITY IS RECEIV-
ING A DIRECT OR INDIRECT REFERRAL OR CONSULTING FEE FROM THE LOBBYIST
DUE TO OR IN CONNECTION WITH THE MATTER ON WHICH THE LOBBYIST HAS BEEN
RETAINED AND SHALL DISCLOSE THE AMOUNT OF SUCH FEE TO HIS OR HER
CLIENT.
(III) DUTY TO PROVIDE ACCURATE INFORMATION:
A LOBBYIST SHALL NOT KNOWINGLY PROVIDE UNTRUTHFUL OR DECEPTIVE INFOR-
MATION TO A GOVERNMENT OFFICIAL OR TO A CLIENT AND SHOULD ENDEAVOR TO
PROVIDE FACTUALLY CORRECT, CURRENT, AND ACCURATE INFORMATION TO SUCH
PERSONS TO THE BEST OF THEIR KNOWLEDGE, INFORMATION, AND BELIEF. A
LOBBYIST SHALL USE REASONABLE MEASURES TO VERIFY THE TRUTH OF THE STATE-
MENTS AND INFORMATION THAT HE OR SHE PROVIDES BOTH TO CLIENTS AND TO
GOVERNMENT OFFICIALS. IF A LOBBYIST IS AWARE THAT INFORMATION HE OR SHE
PROVIDED TO A CLIENT OR A GOVERNMENT OFFICIAL IS, OR BECOMES, INACCURATE
IN A SIGNIFICANT, RELEVANT, AND MATERIAL WAY, A LOBBYIST HAS A DUTY TO
PROMPTLY PROVIDE ANY RELEVANT PARTIES WITH CORRECTED INFORMATION. A
LOBBYIST SHALL ACT IN A MANNER THAT IS RESPECTFUL TO HIS OR HER CLIENTS
AND TO THE GOVERNMENT INSTITUTIONS THAT HE OR SHE INTERACTS WITH.
(IV) THE JOINT COMMISSION ON PUBLIC ETHICS IS AUTHORIZED TO ISSUE
REGULATIONS TO EFFECTUATE THIS SECTION.
§ 2. Subdivisions (c) and (d) of section 1-o of the legislative law,
as added by chapter 14 of the laws of 2007, are amended to read as
follows:
(c) IN ADDITION TO ANY PENALTY CONTAINED IN ANY OTHER PROVISION OF
LAW, ANY LOBBYIST WHO KNOWINGLY AND WILLFULLY VIOLATES ANY OF THE
PROVISIONS OF THE LOBBYIST CODE OF CONDUCT PURSUANT TO SECTION ONE-A OF
THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWENTY-
FIVE THOUSAND DOLLARS FOR THE FIRST OFFENSE; FOR ANY SUBSEQUENT OFFENSE,
THE LOBBYIST MAY BE BARRED FROM ENGAGING IN LOBBYING ACTIVITIES FOR A
MINIMUM OF SIX MONTHS AND A MAXIMUM OF FIVE YEARS.
(D) (i) Any assessment or order to debar shall be determined only
after a hearing at which the party shall be entitled to appear, present
evidence and be heard. Any assessment or order to debar pursuant to this
section may only be imposed after the commission sends by certified and
first-class mail written notice of intent to assess a penalty or order
to debar and the basis for the penalty or order to debar. Any assessment
may be recovered in an action brought by the attorney general.
(ii) In assessing any fine or penalty pursuant to this section, the
commission shall consider: (A) as a mitigating factor that the lobbyist,
public corporation or client has not previously been required to regis-
ter, and (B) as an aggravating factor that the lobbyist, public corpo-
ration or client has had fines or penalties assessed against it in the
past. The amount of compensation expended, incurred or received shall be
a factor to consider in determining a proportionate penalty.
(iii) Any lobbyist, public corporation or client who receives a notice
of intent to assess a penalty for knowingly and wilfully failing to file
a report or statement pursuant to subdivision (b) of this section and
who has never previously received a notice of intent to assess a penalty
for failing to file a report or statement required under this section
shall be granted fifteen days within which to file the statement of
registration or report without being subject to the fine or penalty set
S. 1510 80 A. 2010
forth in subdivision (b) of this section. Upon the failure of such
lobbyist, public corporation or client to file within such fifteen day
period, such lobbyist, public corporation or client shall be subject to
a fine or penalty pursuant to subdivision (b) of this section.
[(d)] (E) All moneys recovered by the attorney general or received by
the commission from the assessment of civil penalties authorized by this
section shall be deposited to the general fund.
§ 3. This act shall take effect immediately.
PART X
Section 1. Section 5-212 of the election law is REPEALED and a new
section 5-212 is added to read as follows:
§ 5-212. MOTOR VEHICLE REGISTRATION. 1. IN ADDITION TO ANY OTHER METH-
OD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED
PERSON SHALL BE AUTOMATICALLY APPLIED FOR REGISTRATION AND ENROLLMENT
SIMULTANEOUSLY WITH AND UPON APPLICATION FOR A MOTOR VEHICLE DRIVER'S
LICENSE, A DRIVER'S LICENSE RENEWAL, A CHANGE OF ADDRESS, OR AN IDEN-
TIFICATION CARD IF SUCH A CARD IS ISSUED BY THE DEPARTMENT OF MOTOR
VEHICLES IN ITS NORMAL COURSE OF BUSINESS UNLESS SUCH QUALIFIED PERSON
DECLINES SUCH APPLICATION FOR REGISTRATION AND ENROLLMENT AT THE TIME OF
MAKING AN APPLICATION FOR SUCH A MOTOR VEHICLE DRIVER'S LICENSE, DRIV-
ER'S LICENSE RENEWAL, A CHANGE OF ADDRESS, OR AN IDENTIFICATION CARD IF
SUCH CARD IS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES IN ITS NORMAL
COURSE OF BUSINESS.
2. THE DEPARTMENT OF MOTOR VEHICLES, WITH THE APPROVAL OF THE STATE
BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS THAT SHALL, IN ADDITION
TO ELICITING SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT OF
MOTOR VEHICLES FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE RENEWAL, A
CHANGE OF ADDRESS OR AN IDENTIFICATION CARD, SERVE AS AN APPLICATION FOR
REGISTRATION AND ENROLLMENT, OR A REGISTRATION NECESSITATED BY A CHANGE
OF RESIDENCE. ONLY ONE SIGNATURE SHALL BE REQUIRED TO MEET THE CERTIF-
ICATION AND ATTESTATION NEEDS OF THE PORTION OF THE FORM PERTAINING TO
THE APPLICATION FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE RENEWAL, A
CHANGE OF ADDRESS NOTIFICATION OR AN IDENTIFICATION CARD, AND THE
PORTION OF THE FORM PERTAINING TO VOTER REGISTRATION AND ENROLLMENT. THE
COST OF SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF MOTOR VEHICLES.
3. THE VOTER REGISTRATION PORTION OF SUCH FORM SHALL:
(A) NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE INFORMATION
REQUIRED ON THE APPLICATION FOR THE DRIVER'S LICENSE, CHANGE OF ADDRESS,
OR IDENTIFICATION CARD PORTION AND SHALL REQUIRE ONLY SUCH ADDITIONAL
INFORMATION AS WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S
ELIGIBILITY TO REGISTER TO VOTE, TO PREVENT DUPLICATE REGISTRATION, AND
TO ADMINISTER VOTER REGISTRATION AND OTHER PARTS OF THE ELECTION PROC-
ESS;
(B) INCLUDE A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY HIS OR HER
SIGNATURE THAT HE OR SHE MEETS THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
(C) INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
(I) VOTER ELIGIBILITY REQUIREMENTS;
(II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
(III) THAT THE OFFICE WHERE THE APPLICANT REGISTERS SHALL REMAIN
CONFIDENTIAL AND THAT THE VOTER'S INFORMATION SHALL BE USED ONLY FOR
VOTER REGISTRATION PURPOSES;
S. 1510 81 A. 2010
(IV) IF THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR VOTER REGIS-
TRATION PURPOSES;
(V) THAT IF AN APPLICANT IS A VICTIM OF DOMESTIC VIOLENCE OR STALKING,
HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS IN ORDER TO RECEIVE
INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
DOMESTIC VIOLENCE UNDER SECTION 5-508 OF THIS ARTICLE;
(D) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX, YOU PROVIDE
YOUR SIGNATURE ON THE SPACE PROVIDED BELOW, AND YOU ARE AT LEAST 18
YEARS OF AGE OR OLDER, YOU WILL HAVE ATTESTED TO YOUR ELIGIBILITY TO
REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGISTER TO VOTE.";
(E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY;
(F) INCLUDE THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING OUT THE
VOTER REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION
WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICA-
TION FORM IN PRIVATE.";
(G) INCLUDE THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED
WITH YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT
TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLI-
TICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE STATE BOARD OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER).";
(H) INCLUDE A TOLL FREE NUMBER AT THE STATE BOARD OF ELECTIONS THAT
CAN BE CALLED FOR ANSWERS TO REGISTRATION QUESTIONS; AND
(I) INCLUDE ANY OTHER INFORMATION THAT IS NECESSARY TO COMPLY WITH THE
REQUIREMENTS OF THE NATIONAL VOTER REGISTRATION ACT.
4. THE DEPARTMENT OF MOTOR VEHICLES SHALL TRANSMIT THAT PORTION OF THE
FORM WHICH CONSTITUTES THE COMPLETED APPLICATION FOR REGISTRATION OR
CHANGE OF ADDRESS FORM TO THE APPROPRIATE BOARD OF ELECTIONS NOT LATER
THAN TEN DAYS AFTER RECEIPT EXCEPT THAT ALL SUCH COMPLETED APPLICATIONS
AND FORMS RECEIVED BY SUCH DEPARTMENT BETWEEN THE THIRTIETH AND TWENTY-
FIFTH DAY BEFORE AN ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND AT
SUCH TIME AS TO ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS
SHALL INCLUDE SIGNATURES. A DIGITAL IMAGE OF A SIGNATURE SHALL SATISFY
THIS REQUIREMENT.
5. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF MOTOR
VEHICLES NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT ENSUING
PRIMARY, GENERAL, OR SPECIAL ELECTION AND TRANSMITTED BY SUCH DEPARTMENT
TO THE APPROPRIATE BOARD OF ELECTIONS SO THAT THEY ARE RECEIVED NOT
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION SHALL ENTITLE THE
APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETERMINES THAT
THE APPLICANT IS OTHERWISE QUALIFIED.
6. DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
TION TO REGISTER, BY THE DEPARTMENT OF MOTOR VEHICLES, ITS AGENTS OR ITS
EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL BE DEEMED
AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT TO THE PROVISIONS
OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW AND
SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
7. APPLICATION FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF THE APPLI-
CANT IS ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS IN SUCH COUNTY
S. 1510 82 A. 2010
OR CITY, IN THE MANNER PRESCRIBED BY SECTION 5-208 OF THIS TITLE. THE
BOARD SHALL SEND THE APPROPRIATE NOTICE OF APPROVAL OR REJECTION AS
REQUIRED BY EITHER SUBDIVISION NINE OF SUCH SECTION 5-210 OR SUBDIVISION
FIVE OF SUCH SECTION 5-208.
8. STRICT NEUTRALITY WITH RESPECT TO A PERSON'S PARTY ENROLLMENT SHALL
BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION SHALL BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE.
9. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE
APPLICANT FROM REGISTERING TO VOTE.
10. THE DEPARTMENT OF MOTOR VEHICLES SHALL PROVIDE TO EACH PERSON WHO
CHOOSES TO REGISTER TO VOTE THE SAME LEVEL OF ASSISTANCE PROVIDED TO
PERSONS IN CONNECTION WITH THE COMPLETION OF THE AGENCY'S REQUISITE
INFORMATION, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
11. THE STATE BOARD OF ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS
SECTION. THE STATE BOARD OF ELECTIONS SHALL ALSO ADOPT SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO REQUIRE BOARDS OF ELECTIONS AND THE
DEPARTMENT OF MOTOR VEHICLES TO PROVIDE THE STATE BOARD OF ELECTIONS
WITH SUCH INFORMATION AND DATA AS THE STATE BOARD OF ELECTIONS DEEMS
NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION AND TO COMPILE SUCH
STATISTICS AS MAY BE REQUIRED BY THE UNITED STATE ELECTION ASSISTANCE
COMMISSION.
12. THE STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE PUBLIC
INFORMATION AND PROMOTIONAL MATERIALS RELATING TO THE PURPOSES AND
IMPLEMENTATION OF THIS PROGRAM.
13. THE STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
DEPARTMENT OF MOTOR VEHICLES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTA-
TION OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING
PROGRAMS FOR EMPLOYEES OF THE DEPARTMENT OF MOTOR VEHICLES INVOLVED IN
SUCH PROGRAM.
14. THE COMMISSIONER OF MOTOR VEHICLES SHALL TAKE ALL ACTIONS THAT ARE
NECESSARY AND PROPER FOR THE IMPLEMENTATION OF THIS SECTION. THE COMMIS-
SIONER OF MOTOR VEHICLES SHALL DESIGNATE ONE PERSON WITHIN THE AGENCY AS
THE AGENCY VOTER REGISTRATION COORDINATOR WHO WILL, UNDER THE DIRECTION
OF THE STATE BOARD OF ELECTIONS, BE RESPONSIBLE FOR THE VOTER REGISTRA-
TION PROGRAM IN SUCH AGENCY.
15. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE AND
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION AND DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO
VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO; (A) SHALL NOT BE
GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S FAILURE TO MAKE
SUCH DECLINATION; (B) SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFI-
CIAL AUTHORIZATION; AND (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE
OF A CLAIM TO CITIZENSHIP.
16. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE AND
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, WHO THEN EITHER VOTES OR ATTEMPTS TO VOTE IN AN
ELECTION HELD AFTER THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
AND WHO DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT SUBSEQUENTLY VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, (A)
SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S FAIL-
URE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE; (B)
S. 1510 83 A. 2010
SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORIZATION; AND
(C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
17. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE DEPARTMENT OF
MOTOR VEHICLES SHALL NOT TRANSMIT TO THE BOARD OF ELECTIONS ANY APPLICA-
TION FOR REGISTRATION OR PRE-REGISTRATION FOR A PERSON THAT IS, BY
VIRTUE OF DATA MAINTAINED BY THE DEPARTMENT, DEMONSTRABLY INELIGIBLE TO
REGISTER OR PRE-REGISTER TO VOTE BY REASON OF AGE OR NOT BEING A CITIZEN
OF THE UNITED STATES.
§ 2. Paragraph (a) of subdivision 2 of section 5-712 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(a) The board of elections shall also send a confirmation notice to
every registered voter for whom it receives a notice of change of
address to an address not in such city or county [which] THAT is not
signed by the voter. Such change of address notices shall include, but
not be limited to, notices of change of address received pursuant to
subdivision eleven of section 5-211 and subdivision [six] FOUR of
section 5-212 of this article, notice of change of address from the
United States Postal Service through the National Change of Address
System or from any other agency of the federal government or any agency
of any state or local government and notice of a forwarding address on
mail sent to a voter by the board of elections and returned by the
postal service. Such confirmation notices shall be sent to such new
address.
§ 3. Subdivision 5 of section 5-210 of the election law is amended by
adding a new paragraph (n) to read as follows:
(N) THE FORM OF APPLICATION REQUIRED BY SECTION 5-212 OF THIS TITLE
SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS SECTION.
§ 4. Subdivision 27 of section 1-104 of the election law is amended to
read as follows:
27. The term "personal application" means a signed writing [which]
THAT may be delivered by mailing [or], in person, OR ELECTRONICALLY.
§ 5. This act shall take effect April 1, 2020.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through X of this act shall be
as specifically set forth in the last section of such Parts.
2019-S1510A - Details
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1510A - Summary
Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2019-2020; enacts the Voter Enfranchisement Modernization Act of 2019 (Part C); relates to providing uniform polling hours during primary elections (Part I); relates to government vendor contributions, no such contribution shall be made during the restricted vendor contribution period if such vendor has submitted a bid, quotation, offer or response to such state governmental entity (Part K)
2019-S1510A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1510--A A. 2010--A
S E N A T E - A S S E M B L Y
January 18, 2019
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to requiring certain
candidates to disclose tax returns (Part A); to amend the election
law, in relation to establishing contribution limits and a public
campaign financing system; to amend the state finance law, in relation
to establishing the New York state campaign finance fund; and to amend
the tax law, in relation to establishing a New York state campaign
finance fund checkoff (Part B); to amend the election law, in relation
to enacting the Voter Enfranchisement Modernization Act of 2019; in
relation to establishing the electronic personal voter registration
process (Part C); to amend the election law, in relation to early
voting implementation (Part D); 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 election law, in relation to date of primary elections;
to amend the election law, in relation to canvass and audit of
returns; and to amend the public officers law, in relation to filling
vacancies in elective offices (Subpart A); 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 (Subpart B)(Part E); to amend the election law, in
relation to political contributions by limited liability companies
(Part F); to amend the election law, in relation to integrated
personal voter registration applications (Part G); to amend the
election law, in relation to time allowed for employees to vote (Part
H); to amend the election law, in relation to providing uniform poll-
ing hours during primary elections (Part I); to amend the election
law, in relation to providing for the pre-registration of voters (Part
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12575-02-9
S. 1510--A 2 A. 2010--A
J); to amend the election law, in relation to prohibiting vendors
engaged in procurements with the state from making campaign contrib-
utions to elected officials (Part K); to amend the election law, in
relation to implementing automatic voter registration updates for any
voter who moves anywhere within the state (Part L); to amend the
election law, in relation to prohibiting certain loans to be made to
candidates or political committees (Part M); to amend the election
law, in relation to authorizing computer generated registration lists;
in relation to the list of supplies to be delivered to poll sites
(Part N); to amend the legislative law, in relation to disclosing
lobbyist filing of campaign contributions, solicitations of contrib-
utions, and political consulting reports (Part O); to amend the legis-
lative law, in relation to prohibiting lobbyists from engaging in
political consulting for candidates for and holders of state office
and prohibiting certain political consultants from engaging in lobby-
ing; and to amend the election law, in relation to requiring the
reporting of the provision of political consulting services (Part P);
to amend the executive law, in relation to disclosure requirements for
certain nonprofits (Part Q); to amend the legislative law, in relation
to lowering the monetary disclosure threshold for lobbyists to report
prior relationships with agencies or elected officials and to file
statements of registration (Part R); to amend the legislative law to
increase penalties for lobbyists who are convicted of a crime (Part
S); to amend the public officers law, in relation to increasing the
length of the existing bar on the appearance and practice of former
state officers or employees, members of the legislature and members of
the executive chamber (Part T); to amend the civil service law, in
relation to prohibiting staff of elected state officials to perform
volunteer services for the election campaigns of such officials (Part
U); to amend the executive law and the general municipal law, in
relation to requiring the financial disclosures of certain local offi-
cials (Part V); to amend the legislative law, in relation to creating
and enforcing a code of conduct for lobbyists (Part W); and to amend
the election law, in relation to motor vehicle voter registration; and
to repeal section 5-212 of the election law relating thereto (Part X)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through X. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part,
including the effective date of the Part, which makes reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. The election law is amended by adding a new section 6-170
to read as follows:
S. 1510--A 3 A. 2010--A
§ 6-170. DISCLOSURE OF TAX RETURNS BY CANDIDATES FOR PUBLIC OFFICE. 1.
NOT LATER THAN SIXTY DAYS BEFORE A GENERAL ELECTION, ANY CANDIDATE FOR
THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, COMP-
TROLLER, STATE SENATOR, AND MEMBER OF THE ASSEMBLY, OTHER THAN A WRITE-
IN CANDIDATE, SHALL:
(A) FILE WITH THE STATE BOARD OF ELECTIONS COPIES OF THE FEDERAL AND
NEW YORK STATE INCOME TAX RETURNS OF SUCH CANDIDATE FOR AT LEAST THE TEN
MOST RECENT TAXABLE YEARS FOR WHICH SUCH RETURNS HAVE BEEN FILED IF SUCH
CANDIDATE IS A CANDIDATE FOR STATEWIDE OFFICE, AND FOR AT LEAST THE FIVE
MOST RECENT TAXABLE YEARS FOR WHICH SUCH RETURNS HAVE BEEN FILED IF SUCH
CANDIDATE IS A CANDIDATE FOR STATE SENATOR OR MEMBER OF THE ASSEMBLY;
AND
(B) PROVIDE WRITTEN CONSENT TO THE COMMISSIONERS OF THE STATE BOARD OF
ELECTIONS, IN SUCH FORM AS SHALL BE PRESCRIBED BY THE STATE BOARD OF
ELECTIONS, FOR THE PUBLIC DISCLOSURE OF SUCH RETURNS PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION.
2. INCOME TAX RETURNS FILED WITH THE STATE BOARD OF ELECTIONS BY A
CANDIDATE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE MADE
PUBLICLY AVAILABLE ON THE WEBSITE OF THE STATE BOARD OF ELECTIONS NO
LATER THAN SEVEN DAYS AFTER SUCH INCOME TAX RETURNS HAVE BEEN FILED,
SUBJECT TO SUCH REDACTION AS MAY BE WARRANTED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
3. PRIOR TO MAKING ANY INCOME TAX RETURN FILED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION PUBLIC, THE STATE BOARD OF ELECTIONS SHALL REDACT
SUCH INFORMATION AS THE BOARD, IN CONSULTATION WITH THE COMMISSIONER OF
TAXATION AND FINANCE OR HIS OR HER DELEGATE, DEEMS APPROPRIATE OR
REQUIRED BY LAW. THE CANDIDATE SHALL BE ENTITLED TO REQUEST THAT THE
BOARD MAKE PARTICULAR REDACTIONS AT THE TIME THAT THE CANDIDATE FILES
THE RETURNS WITH THE BOARD PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE
OF THIS SECTION.
4. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, IF A
CANDIDATE HAS NOT TIMELY FILED WITH THE STATE BOARD OF ELECTIONS THE
INCOME TAX RETURNS AND WRITTEN CONSENT REQUIRED BY SUBDIVISION ONE OF
THIS SECTION, THE NAME OF SUCH CANDIDATE SHALL NOT BE PRINTED UPON THE
OFFICIAL BALLOT FOR THE GENERAL ELECTION.
§ 2. This act shall take effect immediately.
PART B
Section 1. Section 14-100 of the election law is amended by adding two
new subdivisions 18 and 19 to read as follows:
18. "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY WHICH
BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIBUTION
FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE,
OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY OR
MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL NOT
INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE
PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF THE
CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. AS USED
IN THIS SUBDIVISION "CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING
POSTAGE, ENVELOPES OR OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING
THE CONTRIBUTION TO THE ULTIMATE RECIPIENT.
19. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
S. 1510--A 4 A. 2010--A
§ 2. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE setting forth all the receipts, contributions to and the
expenditures by and liabilities of the committee, and of its officers,
members and agents in its behalf. Such statements shall include the
dollar amount of any receipt, contribution or transfer, or the fair
market value of any receipt, contribution or transfer, which is other
than of money, the name and address of the transferor, contributor,
INTERMEDIARY, or person from whom received, and if the transferor,
contributor, INTERMEDIARY, or person is a political committee; the name
of and the political unit represented by the committee, the date of its
receipt, the dollar amount of every expenditure, the name and address of
the person to whom it was made or the name of and the political unit
represented by the committee to which it was made and the date thereof,
and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
NEED NOT BE REPORTED FOR A CONTRIBUTION THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE HUNDRED DOLLARS. Any statement
reporting a loan shall have attached to it a copy of the evidence of
indebtedness. Expenditures in sums under fifty dollars need not be
specifically accounted for by separate items in said statements, and
receipts and contributions aggregating not more than ninety-nine
dollars, from any one contributor need not be specifically accounted for
by separate items in said statements, provided however, that such
expenditures, receipts and contributions shall be subject to the other
provisions of section 14-118 of this [article] TITLE.
§ 3. Subdivision 3 of section 14-124 of the election law, as amended
by section 1 of part B of chapter 286 of the laws of 2016, is amended to
read as follows:
3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of promot-
ing the candidacy of specific candidates, EXCEPT THAT CONTRIBUTIONS MADE
FOR SUCH ACTIVITIES TO A PARTY COMMITTEE OR CONSTITUTED COMMITTEE SHALL
BE LIMITED TO TWENTY-FIVE THOUSAND DOLLARS IN THE AGGREGATE FROM EACH
CONTRIBUTOR IN EACH YEAR; PROVIDED THAT SUCH MONIES DESCRIBED IN THIS
SUBDIVISION SHALL BE DEPOSITED IN A SEGREGATED ACCOUNT.
§ 4. Subdivision 2 of section 14-108 of the election law, as amended
by chapter 109 of the laws of 1997, is amended to read as follows:
2. Each statement shall cover the period up to and including the
fourth day next preceding the day specified for the filing thereof[;
provided, however, that]. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN
EXCESS OF ONE THOUSAND DOLLARS SHALL BE DISCLOSED WITHIN SIXTY DAYS OF
RECEIPT. IF SUCH CONTRIBUTION OR LOAN WOULD NOT OTHERWISE BE REPORTED
S. 1510--A 5 A. 2010--A
WITHIN SIXTY DAYS OF RECEIPT ON THE NEXT APPLICABLE STATEMENT, THEN THE
CONTRIBUTION OR LOAN SHALL BE SEPARATELY REPORTED WITHIN SIXTY DAYS OF
RECEIPT IN THE SAME MANNER AS ANY OTHER CONTRIBUTION OR LOAN. HOWEVER,
any contribution or loan in excess of one thousand dollars, if received
after the close of the period to be covered in the last statement filed
before any primary, general or special election but before such
election, shall be reported, in the same manner as other contributions,
within twenty-four hours after receipt.
§ 5. The article heading of article 14 of the election law is amended
to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
§ 6. Subdivisions 1 and 10 of section 14-114 of the election law,
subdivision 1 as amended and subdivision 10 as added by chapter 79 of
the laws of 1992 and paragraphs a and b of subdivision 1 as amended by
chapter 659 of the laws of 1994, are amended to read as follows:
1. The following limitations apply to all contributions to candidates
for election to any public office or for nomination for any such office,
or for election to any party positions, and to all contributions to
political committees working directly or indirectly with any candidate
to aid or participate in such candidate's nomination or election, other
than any contributions to any party committee or constituted committee:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO
TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than: (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not [less than four thousand
dollars nor] more than [twelve] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision,] and (ii) in the case of any election to [a] SUCH
public office, [twenty-five] SIX thousand dollars [as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision]; provided however, that the maximum amount which may
be so contributed or accepted, in the aggregate, from any candidate's
child, parent, grandparent, brother and sister, and the spouse of any
such persons, shall not exceed in the case of any nomination to public
office an amount equivalent to the product of the number of enrolled
voters in the candidate's party in the state, excluding voters in inac-
tive status, multiplied by $.025, and in the case of any election for a
public office, an amount equivalent to the product of the number of
registered voters in the state excluding voters in inactive status,
multiplied by $.025.
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO TITLE
TWO OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT
SYSTEM) and no SUCH candidate or political committee may accept any
contribution from any contributor, which is in the aggregate amount
greater than: (i) in the case of any election for party position, or for
nomination to public office, the product of the total number of enrolled
voters in the candidate's party in the district in which he is a candi-
S. 1510--A 6 A. 2010--A
date, excluding voters in inactive status, multiplied by $.05, and (ii)
in the case of any election for a public office, the product of the
total number of registered voters in the district, excluding voters in
inactive status, multiplied by $.05, [however in the case of a nomi-
nation within the city of New York for the office of mayor, public advo-
cate or comptroller, such amount shall be not less than four thousand
dollars nor more than twelve thousand dollars as increased or decreased
by the cost of living adjustment described in paragraph [c] E of this
subdivision; in the case of an election within the city of New York for
the office of mayor, public advocate or comptroller, twenty-five thou-
sand dollars as increased or decreased by the cost of living adjustment
described in paragraph [c] E of this subdivision;] in the case of a
nomination OR ELECTION for state senator, four thousand dollars [as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; in the case of an election for state
senator, six thousand two hundred fifty dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision]; in the case of an election or nomination for a member
of the assembly, [twenty-five hundred] TWO THOUSAND dollars [as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; but in no event shall any such maximum
exceed fifty thousand dollars or be less than one thousand dollars];
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent, grand-
parent, brother and sister, and the spouse of any such persons, shall
not exceed in the case of any election for party position or nomination
for public office an amount equivalent to the number of enrolled voters
in the candidate's party in the district in which he is a candidate,
excluding voters in inactive status, multiplied by $.25 and in the case
of any election to public office, an amount equivalent to the number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-
ty thousand dollars, whichever is greater, or in the case of a nomi-
nation or election of a member of the assembly, twelve thousand five
hundred dollars, whichever is greater, but in no event shall any such
maximum exceed one hundred thousand dollars.
C. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS
OF THE ENTIRE STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBU-
TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:
(I) IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE, THE PRODUCT OF THE
TOTAL NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE,
EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH
AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN TEN
THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC
OFFICE, FIFTEEN THOUSAND DOLLARS; PROVIDED HOWEVER, THAT THE MAXIMUM
AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE AGGREGATE, FROM
ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND SISTER, AND THE
SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE OF ANY NOMI-
NATION TO PUBLIC OFFICE AN AMOUNT EQUIVALENT TO THE PRODUCT OF THE
NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
S. 1510--A 7 A. 2010--A
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
D. IN ANY OTHER ELECTION FOR PARTY POSITION OR FOR ELECTION TO A
PUBLIC OFFICE OR FOR NOMINATION FOR ANY SUCH OFFICE, NO CONTRIBUTOR MAY
MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE AND
NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN: (I)
IN THE CASE OF ANY ELECTION FOR PARTY POSITION, OR FOR NOMINATION TO
PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN THE
CANDIDATE'S PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING
VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.05, AND (II) IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, THE PRODUCT OF THE TOTAL NUMBER OF
REGISTERED VOTERS IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS,
MULTIPLIED BY $.05, HOWEVER IN THE CASE OF A NOMINATION WITHIN THE CITY
OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC ADVOCATE OR COMPTROLLER,
SUCH AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN
TWELVE THOUSAND DOLLARS AS INCREASED OR DECREASED BY THE COST OF LIVING
ADJUSTMENT DESCRIBED IN PARAGRAPH E OF THIS SUBDIVISION; IN THE CASE OF
AN ELECTION WITHIN THE CITY OF NEW YORK FOR THE OFFICE OF MAYOR, PUBLIC
ADVOCATE OR COMPTROLLER, TWENTY-FIVE THOUSAND DOLLARS AS INCREASED OR
DECREASED BY THE COST OF LIVING ADJUSTMENT DESCRIBED IN PARAGRAPH E OF
THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE
SENATOR, FIVE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMINATION
FOR A MEMBER OF THE ASSEMBLY, THREE THOUSAND DOLLARS; PROVIDED HOWEVER,
THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR ACCEPTED, IN THE
AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER AND
SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE
OF ANY ELECTION FOR PARTY POSITION OR NOMINATION FOR PUBLIC OFFICE AN
AMOUNT EQUIVALENT TO THE NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S
PARTY IN THE DISTRICT IN WHICH HE IS A CANDIDATE, EXCLUDING VOTERS IN
INACTIVE STATUS, MULTIPLIED BY $.25 AND IN THE CASE OF ANY ELECTION TO
PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE NUMBER OF REGISTERED VOTERS
IN THE DISTRICT, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY
$.25; OR TWELVE HUNDRED FIFTY DOLLARS, WHICHEVER IS GREATER, OR IN THE
CASE OF A NOMINATION OR ELECTION OF A STATE SENATOR, TWENTY THOUSAND
DOLLARS, WHICHEVER IS GREATER, OR IN THE CASE OF A NOMINATION OR
ELECTION OF A MEMBER OF THE ASSEMBLY, TWELVE THOUSAND FIVE HUNDRED
DOLLARS, WHICHEVER IS GREATER, BUT IN NO EVENT SHALL ANY SUCH MAXIMUM
EXCEED ONE HUNDRED THOUSAND DOLLARS.
E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-TWO, the state board shall
determine the percentage of the difference between the most recent
available monthly consumer price index for all urban consumers published
by the United States bureau of labor statistics and such consumer price
index published for the same month four years previously. The amount of
each contribution limit fixed AND EXPRESSLY IDENTIFIED FOR ADJUSTMENT in
this subdivision shall be adjusted by the amount of such percentage
difference to the closest one hundred dollars by the state board which,
not later than the first day of February in each such year, shall issue
a regulation publishing the amount of each such contribution limit. Each
contribution limit as so adjusted shall be the contribution limit in
effect for any election held before the next such adjustment.
S. 1510--A 8 A. 2010--A
F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, EXCEPT THAT
SUCH COMMITTEE MAY IN ADDITION TO SUCH TRANSFERS OR EXPENDITURES:
(I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS RECEIVED FROM EACH
CONTRIBUTOR; AND
(II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-200-A OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
10. [a.] No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than [sixty-two thousand
five hundred] TWENTY-FIVE THOUSAND dollars per annum.
[b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most recent available monthly consumer
price index for all urban consumers published by the United States
bureau of labor statistics and such consumer price index published for
the same month four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next such
adjustment.]
§ 7. Sections 14-100 through 14-132 of article 14 of the election law
are designated title I and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
§ 8. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
14-200-A. DEFINITIONS.
14-201. REPORTING REQUIREMENTS.
14-202. CONTRIBUTIONS.
14-203. PROOF OF COMPLIANCE.
14-204. ELIGIBILITY.
14-205. LIMITS ON PUBLIC FINANCING.
14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN
EXPENDITURES.
14-208. POWERS AND DUTIES OF THE BOARD.
14-209. AUDITS AND REPAYMENTS.
14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
S. 1510--A 9 A. 2010--A
14-211. REPORTS.
14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
14-213. SEVERABILITY.
§ 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS THAT
REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
TO ENSURE A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS THAT NEW
YORK'S CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
FOR AND THE APPEARANCE OF CORRUPTION. THE LEGISLATURE FURTHER FINDS
THAT, WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST IN GOVERNMENT AND
CITIZEN APATHY THAT UNDERMINE THE DEMOCRATIC OPERATION OF THE POLITICAL
PROCESS.
THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR OFFICE,
REPRESENTING THE NEEDS OF THEIR CONSTITUENTS, AND COMMUNICATING WITH
VOTERS.
THE LEGISLATURE AMENDS THIS CHAPTER CREATING A NEW TITLE TWO TO ARTI-
CLE FOURTEEN OF THIS CHAPTER TO REDUCE THE POSSIBILITY AND APPEARANCE
THAT SPECIAL INTERESTS EXERCISE UNDUE INFLUENCE OVER STATE OFFICIALS; TO
INCREASE THE ACTUAL AND APPARENT RESPONSIVENESS OF ELECTED OFFICIALS TO
ALL VOTERS; TO ENCOURAGE QUALIFIED CANDIDATES TO RUN FOR OFFICE; AND TO
REDUCE THE PRESSURE ON CANDIDATES TO SPEND LARGE AMOUNTS OF TIME RAISING
LARGE CONTRIBUTIONS FOR THEIR CAMPAIGNS.
THE LEGISLATURE FINDS THAT THIS ARTICLE'S LIMITATIONS ON CONTRIBUTIONS
FURTHER THE GOVERNMENT'S INTEREST IN REDUCING REAL AND APPARENT
CORRUPTION AND IN BUILDING TRUST IN GOVERNMENT. THE LEGISLATURE FINDS
THAT THE CONTRIBUTION LEVELS ARE SUFFICIENTLY HIGH TO ALLOW CANDIDATES
AND POLITICAL PARTIES TO RAISE ENOUGH MONEY TO RUN EFFECTIVE CAMPAIGNS.
IN ADDITION, THE LEGISLATURE FINDS THAT GRADUATED CONTRIBUTION LIMITA-
TIONS REFLECT THE CAMPAIGN NEEDS OF CANDIDATES FOR DIFFERENT OFFICES.
THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
ING FURTHERS THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
FUNDING PROGRAM WILL ENLARGE THE PUBLIC DEBATE AND INCREASE PARTIC-
IPATION IN THE DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
THAT THE VOLUNTARY EXPENDITURE LIMITATIONS AND MATCHING FUND PROGRAM
REDUCE THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
MONEY FOR THEIR CAMPAIGNS.
THEREFORE, THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
IMPORTANT AND VALID GOVERNMENT INTERESTS OF REDUCING VOTER APATHY,
BUILDING CONFIDENCE IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE,
WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
§ 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE POLITICAL
COMMITTEE DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS
TITLE TO RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE
CANDIDATE'S CAMPAIGN.
2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
S. 1510--A 10 A. 2010--A
3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, DOMESTIC PARTNER,
CHILD, SIBLING OR PARENT.
10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
THE ULTIMATE RECIPIENT.
11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A RESIDENT IN THE STATE OF NEW YORK TO A PARTICIPATING
CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE BOARD IN ACCORDANCE
WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY THE CANDIDATE'S
AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE DAY OF
THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL ELECTION. ANY
CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIBUTION DETERMINED
TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT BE TREATED AS A
MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
(V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
S. 1510--A 11 A. 2010--A
(VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VII) ILLEGAL CONTRIBUTIONS;
(VIII) CONTRIBUTIONS FROM MINORS;
(IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
(X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
MEMBER OF THE ASSEMBLY, WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE PERIOD FOLLOWING AN
ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED COMMITTEES.
§ 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
14-112 OF THIS ARTICLE.
3. (A) DETAILED REPORTING. IN ADDITION TO EACH AUTHORIZED AND POLI-
TICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN
RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND MANNER PRESCRIBED BY
SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE, EACH AUTHORIZED AND
POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE REPORTS ON MARCH
FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE BOARD
EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE. FOR
CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE HUNDRED DOLLARS OR MORE,
EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE
OCCUPATION, AND BUSINESS ADDRESS OF EACH CONTRIBUTOR, LENDER, AND INTER-
MEDIARY. THE BOARD SHALL REVISE, PREPARE AND POST FORMS ON ITS WEBPAGE
THAT FACILITATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
(B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
S. 1510--A 12 A. 2010--A
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
REVIEW, IT SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY
TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN
OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR MATCHABLE
CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING
PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING
SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
THIS TITLE.
(C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
(D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
§ 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
SECTION 14-114 OF THIS ARTICLE.
§ 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE BOARD ANY INFORMATION IT MAY REQUEST
RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE AS MAY BE
REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH RECORDS FOR A
PERIOD OF FIVE YEARS.
§ 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE BOARD;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
(F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
WITH HIS OR HER NOMINATION FOR ELECTION OR ELECTION TO A COVERED OFFICE,
BUT MAY MAKE A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN
AMOUNT THAT DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION
LIMIT FROM AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT
HE OR SHE IS SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION;
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD;
(I) AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION PRIOR TO
THE FIRST DAY OF THE ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS
S. 1510--A 13 A. 2010--A
CERTIFICATION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN
ANY WAY, ANY CANDIDATE OR PUBLIC OFFICIAL FROM EXPENDING ANY PORTION OF
PRE-EXISTING CAMPAIGN FUNDS FOR ANY LAWFUL PURPOSE OTHER THAN THOSE
RELATED TO HIS OR HER CAMPAIGN; AND
(J) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPHS A AND
B OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE
ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
(I) PROVIDED HOWEVER, THAT, IF A CANDIDATE ACCEPTED CONTRIBUTIONS
EXCEEDING SUCH LIMITS BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR THE PORTION
OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
(II) IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IMMEDIATELY
BECAUSE THEY HAVE ALREADY BEEN SPENT, ACCEPTANCE OF CONTRIBUTIONS
EXCEEDING THE LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO PAY
TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS THAT EXCEEDED THE LIMIT NO
LATER THAN THIRTY DAYS BEFORE THE GENERAL ELECTION. IF A CANDIDATE
PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY DISBURSEMENT OF PUBLIC
FUNDS TO THE CANDIDATE MADE UNDER SECTION 14-206 OF THIS TITLE SHALL BE
REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT OWED
BY THE CANDIDATE IS REPAID.
(III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
DATE WHO RETAINS FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE TO
FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
RETAINED, BUT ONLY IF THE CANDIDATE PLACES THE FUNDS IN ESCROW.
(IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE OR
AN AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE. UNEXPENDED
CONTRIBUTIONS SHALL BE TREATED THE SAME AS CAMPAIGN SURPLUSES UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH.
2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
(I) GOVERNOR, NOT LESS THAN SIX HUNDRED FIFTY THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED
SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
(II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
THAN TWO HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
AT LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
(III) STATE SENATOR, NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST TWO HUNDRED MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED; AND
(IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN TEN THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCHABLE
CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE
SEAT IS TO BE FILLED.
(B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
S. 1510--A 14 A. 2010--A
TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
(C) THE BOARD SHALL ADJUST THE DOLLAR AMOUNT OF EACH THRESHOLD FOR
ELIGIBILITY FIXED IN THIS SECTION BY THE AMOUNT OF THE PERCENTAGE
DIFFERENCE IN THE CONSUMER PRICE INDEX CALCULATED AND PUBLISHED BY THE
BOARD PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF
THIS ARTICLE TO THE CLOSEST ONE HUNDRED DOLLARS. NOT LATER THAN THE
FIRST DAY OF MARCH IN EACH SUCH YEAR, THE BOARD SHALL ISSUE A REGULATION
PUBLISHING THE AMOUNT OF EACH SUCH THRESHOLD FOR ELIGIBILITY. EACH
THRESHOLD FOR ELIGIBILITY AS SO ADJUSTED SHALL BE THE THRESHOLD FOR
ELIGIBILITY IN EFFECT FROM THE BEGINNING OF THE NEXT ELECTION CYCLE
UNTIL THE BEGINNING OF THE ELECTION CYCLE FOLLOWING THE NEXT ADJUSTMENT,
AT WHICH TIME THE NEXT ADJUSTMENT SHALL TAKE EFFECT. THIS PROCESS SHALL
BE REPEATED FOR EACH ADJUSTMENT THEREAFTER. THE ONE HUNDRED SEVENTY-
FIVE DOLLAR MAXIMUM AMOUNT FOR THE MATCHABLE CONTRIBUTIONS THAT FUNDS
RAISED MUST BE COMPRISED OF TO MEET THE THRESHOLDS FOR ELIGIBILITY FOR
CANDIDATES FIXED IN THIS SECTION SHALL BE ADJUSTED BY THE AMOUNT OF
PERCENTAGE DIFFERENCE TO THE CLOSEST ONE DOLLAR BY THE BOARD WHICH, NOT
LATER THAN THE FIRST DAY OF MARCH IN EACH SUCH YEAR, SHALL ISSUE A REGU-
LATION PUBLISHING SUCH MAXIMUM AMOUNTS. THE ONE HUNDRED SEVENTY-FIVE
DOLLAR MAXIMUM AMOUNTS AS SO ADJUSTED SHALL BE IN EFFECT FROM THE BEGIN-
NING OF THE NEXT ELECTION CYCLE UNTIL THE BEGINNING OF THE ELECTION
CYCLE FOLLOWING THE NEXT ADJUSTMENT, AT WHICH TIME THE NEXT ADJUSTMENT
SHALL TAKE EFFECT. THIS PROCESS SHALL BE REPEATED FOR EACH ADJUSTMENT
THEREAFTER.
§ 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
(II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
(III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
(IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS.
2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000
ATTORNEY GENERAL $4,000,000
COMPTROLLER $4,000,000
MEMBER OF SENATE $375,000
MEMBER OF ASSEMBLY $175,000
3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
S. 1510--A 15 A. 2010--A
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A PARTICIPATING CANDIDATE MAY RECEIVE SUBJECT TO THE
CONTRIBUTION LIMITS FOR PARTICIPATING CANDIDATES CONTAINED IN SECTION
14-114 OF THIS ARTICLE.
5. THE BOARD SHALL ADJUST THE AMOUNT OF EACH PUBLIC FUNDS RECEIPT
LIMIT FIXED IN THIS SECTION BY THE AMOUNT OF THE PERCENTAGE DIFFERENCE
IN THE CONSUMER PRICE INDEX CALCULATED AND PUBLISHED BY THE BOARD PURSU-
ANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE
TO THE CLOSEST ONE HUNDRED DOLLARS. NOT LATER THAN THE FIRST DAY OF
MARCH IN EACH SUCH YEAR, THE BOARD SHALL ISSUE A REGULATION PUBLISHING
THE AMOUNT OF SUCH LIMIT. EACH PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED
SHALL BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FROM THE BEGINNING OF
THE NEXT ELECTION CYCLE UNTIL THE BEGINNING OF THE ELECTION CYCLE
FOLLOWING THE NEXT ADJUSTMENT, AT WHICH TIME THE NEXT ADJUSTMENT SHALL
TAKE EFFECT. THIS PROCESS SHALL BE REPEATED FOR EACH ADJUSTMENT THERE-
AFTER.
§ 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE
ONLY IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO
PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE
HUNDRED SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR,
OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMIT-
ED TO THE AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE
COVERED ELECTION.
THE BOARD SHALL ADJUST THE MAXIMUM DOLLAR AMOUNT FOR MATCHABLE
CONTRIBUTIONS FIXED IN THIS SUBDIVISION BY THE AMOUNT OF THE PERCENTAGE
DIFFERENCE IN THE CONSUMER PRICE INDEX CALCULATED BY THE BOARD PURSUANT
TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE TO
THE CLOSEST ONE DOLLAR. NOT LATER THAN THE FIRST DAY OF MARCH IN EACH
YEAR THE BOARD MAKES THE CONTRIBUTION LIMIT ADJUSTMENT PURSUANT TO PARA-
GRAPH E OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE, THE BOARD
SHALL ISSUE A REGULATION PUBLISHING THE AMOUNT OF EACH SUCH MAXIMUM
DOLLAR AMOUNT. THE MAXIMUM DOLLAR AMOUNT AS SO ADJUSTED SHALL BE THE
MAXIMUM DOLLAR AMOUNT IN EFFECT FROM THE BEGINNING OF THE NEXT ELECTION
CYCLE UNTIL THE BEGINNING OF THE ELECTION CYCLE FOLLOWING THE NEXT
ADJUSTMENT, AT WHICH TIME THE NEXT ADJUSTMENT SHALL TAKE EFFECT. THIS
PROCESS SHALL BE REPEATED FOR EACH ADJUSTMENT THEREAFTER.
3. TIMING OF PAYMENT. THE BOARD SHALL MAKE ANY PAYMENT OF PUBLIC
MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE.
BUT IN ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A
CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF
THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A
COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE
PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER,
S. 1510--A 16 A. 2010--A
IT SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
DATES FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF
SUCH PAYMENTS WOULD REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY,
PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL, IN CONSULTATION WITH
THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED COMMITTEE'S BANK ACCOUNT.
5. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THE DAY ORIGINALLY SCHED-
ULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE BOARD SHALL (A)
WITHIN FOUR DAYS, EXCLUDING WEEKENDS AND HOLIDAYS, OF RECEIVING A REPORT
OF CONTRIBUTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGI-
BILITY FOR PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR
PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE
CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT
SHALL AUTHORIZE PAYMENT OF THE APPLICABLE MATCHING FUNDS OWED TO THE
CANDIDATE.
§ 14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO
AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
(D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
(J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
DATE; OR
(K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
§ 14-208. POWERS AND DUTIES OF THE BOARD. 1. ADVISORY OPINIONS. THE
BOARD SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF
A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE. THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO
S. 1510--A 17 A. 2010--A
RESPOND TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF
INTERPRETATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE
BOARD AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE
WITH IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE
APPROPRIATE.
2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR
COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
5. THE BOARD SHALL WORK WITH THE CHIEF ENFORCEMENT COUNSEL TO ENFORCE
THIS SECTION.
§ 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. (A) THE BOARD SHALL AUDIT
AND EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS
TITLE AND SHALL COMPLETE SUCH AUDIT NO LATER THAN ONE YEAR AFTER THE
ELECTION IN QUESTION. THIS DEADLINE SHALL NOT APPLY IN CASES INVOLVING
POTENTIAL CAMPAIGN-RELATED FRAUD, KNOWING AND WILLFUL VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER, OR CRIMINAL ACTIVITY.
(B) EVERY PARTICIPATING CANDIDATE FOR STATEWIDE OFFICE WHO RECEIVES
PUBLIC FUNDS UNDER THIS TITLE SHALL BE AUDITED BY THE BOARD.
(C) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE BOARD
SHALL SELECT NOT MORE THAN FIFTY PERCENT OF ALL PARTICIPATING CANDIDATES
IN COVERED ELECTIONS FOR AUDIT THROUGH A LOTTERY. A SEPARATE LOTTERY
SHALL BE CONDUCTED FOR EACH OFFICE. THE BOARD SHALL SELECT SENATE AND
ASSEMBLY DISTRICTS TO BE AUDITED, AUDITING EVERY PARTICIPATING CANDIDATE
IN EACH SELECTED DISTRICT, WHILE ENSURING THAT THE NUMBER OF AUDITED
CANDIDATES WITHIN THOSE DISTRICTS DOES NOT EXCEED FIFTY PERCENT OF ALL
PARTICIPATING CANDIDATES FOR THE RELEVANT OFFICE. THE LOTTERY FOR SENATE
AND ASSEMBLY ELECTIONS SHALL BE WEIGHTED TO INCREASE THE LIKELIHOOD THAT
A DISTRICT FOR THE RELEVANT OFFICE IS AUDITED BASED ON HOW FREQUENTLY IT
HAS NOT BEEN SELECTED FOR AUDITING DURING THE PAST THREE ELECTION
CYCLES. THE BOARD SHALL PROMULGATE RULES CONCERNING THE METHOD OF
WEIGHTING THE SENATE AND ASSEMBLY LOTTERIES, INCLUDING PROVISIONS FOR
THE FIRST THREE ELECTION CYCLES FOR EACH OFFICE.
(D) THE COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY
THE CANDIDATE'S AUTHORIZED COMMITTEE USING PUBLIC FUNDS, PRIVATE FUNDS
OR ANY COMBINATION OF SUCH FUNDS. CANDIDATES WHO RUN IN ANY PRIMARY OR
GENERAL ELECTION MUST MAINTAIN A RESERVE OF THREE PERCENT OF THE PUBLIC
FUNDS RECEIVED TO COMPLY WITH THE POST-ELECTION AUDIT.
(E) THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL AUDIT
REPORT THAT DETAILS ITS FINDINGS.
S. 1510--A 18 A. 2010--A
2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
FUTURE PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMIT-
TEE SHALL BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDI-
DATE, THE TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY
AND SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF THE AMOUNT
SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT
EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERALLY LIABLE FOR
ANY REPAYMENTS TO THE BOARD.
(C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE
BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. RULES AND REGULATIONS. THE BOARD SHALL PROMULGATE REGULATIONS FOR
THE CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER,
FROM THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
SUCH PAYMENT. THESE REGULATIONS SHALL INCLUDE THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER
RECEIPT OF THE REQUIRED FORMS AND VERIFICATIONS.
§ 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
S. 1510--A 19 A. 2010--A
(A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
(B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION;
(C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST; AND
(D) ANY FORMAL OR INFORMAL ADVISORY OPINION ISSUED BY A MAJORITY VOTE
OF THE COMMISSIONERS OF THE STATE BOARD OF ELECTIONS TO A PARTICIPATING
CANDIDATE IN CONNECTION WITH ANY ACTION UNDER THIS TITLE, WHEN RELIED
UPON IN GOOD FAITH, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR
HIS OR HER COMMITTEE DID NOT KNOWINGLY OR WILLFULLY VIOLATE THE
PROVISIONS OF THIS TITLE.
3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE CHIEF ENFORCEMENT COUNSEL SHALL SEEK TO
RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL
CONDUCT.
4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
(C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A
SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO
OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD
AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR
TO OBTAIN SUCH AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMIT-
TEE AFTER A HEARING AT THE BOARD.
(D) THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO INSTITUTE A SPECIAL
PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD
PURSUANT TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEAR-
ING AT THE BOARD.
§ 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY-ONE, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS
APPROPRIATE. THESE REPORTS SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
S. 1510--A 20 A. 2010--A
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
§ 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD
SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
IPATE IN SUCH DEBATES.
§ 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
§ 9. The state finance law is amended by adding a new section 92-t to
read as follows:
§ 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (H) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE
GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO
RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
5. COMMENCING IN TWO THOUSAND TWENTY, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
S. 1510--A 21 A. 2010--A
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
PETITIONS OR CERTIFICATES OF NOMINATION HAVE BEEN FILED AND NOT LATER
THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
§ 10. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY, GENERAL OR SPECIAL
ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-
TWO-T OF THIS ARTICLE.
§ 11. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
(H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,
EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
OF DESIGNATIONS.
S. 1510--A 22 A. 2010--A
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, FOR SUCH TAXPAYER TO MAKE
THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH
RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
OPTIONAL DESIGNATIONS.
§ 12. Paragraph (a) of subdivision 9-A of section 3-102 of the
election law, as amended by chapter 406 of the laws of 2005, is amended
to read as follows:
9-A. (a) develop an electronic reporting system to process the state-
ments of campaign receipts, contributions, transfers and expenditures
required to be filed with any board of elections pursuant to the
provisions of sections 14-102, [and] 14-104, AND 14-201 of this chapter;
§ 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section three of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 14. This act shall take effect immediately; provided, however, all
affected candidates will be eligible to participate in voluntary public
financing beginning with the 2020 primary election.
PART C
Section 1. Short title. This act shall be known as and may be cited as
the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
§ 2. Declaration of Legislative Intent. The right to vote is a funda-
mental right, the well-spring of all others, secured by the federal and
state constitutions. On-line forms of communication and conducting tran-
sactions did not exist at the time New York's paper-based voter regis-
tration system was enacted. In the last twenty years, many paper-based
processes have migrated to on-line processes, including filing tax
returns, applying for social security benefits, routine banking trans-
actions, official communications and purchase transactions of all types.
This on-line migration has improved cost efficiency, increased accessi-
bility and provided greater convenience to the public in many contexts.
The predominantly paper-based voter registration application process in
New York is antiquated and must be supplemented with on-line voter
registration. To remove unnecessary burdens to the fundamental right of
the people to vote, the State Board of Elections shall establish the
Voter Enfranchisement Modernization Program for the purpose of increas-
ing opportunities for voter registration by any person who is qualified
to be a voter under Article II of the New York State Constitution. This
effort modernizes voter registration and supplements the methods of
voter registration provided under current law.
§ 3. Article 5 of the election law is amended by adding a new title 8
to read as follows:
TITLE VIII
ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
S. 1510--A 23 A. 2010--A
SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
5-802. ONLINE VOTER REGISTRATION APPLICATION.
5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT
REGISTRATION.
§ 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. IN ADDITION
TO ANY OTHER MEANS OF VOTER REGISTRATION PROVIDED FOR BY THIS CHAPTER,
THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY
TO REGISTER TO VOTE ONLINE. THE STATE BOARD OF ELECTIONS SHALL ELEC-
TRONICALLY TRANSMIT SUCH APPLICATIONS TO THE APPLICABLE BOARD OF
ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING
AND VERIFICATION CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH TECH-
NICAL SPECIFICATIONS PROVIDED BY THE STATE BOARD OF ELECTIONS, EACH
BOARD OF ELECTIONS SHALL MAINTAIN A VOTER REGISTRATION SYSTEM CAPABLE OF
RECEIVING AND PROCESSING VOTER REGISTRATION APPLICATION INFORMATION,
INCLUDING ELECTRONIC SIGNATURES, FROM THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED BY THE STATE BOARD OF ELECTIONS. NOTWITH-
STANDING ANY OTHER INCONSISTENT PROVISION OF THIS CHAPTER, APPLICATIONS
FILED USING SUCH SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE
BOARD OF ELECTIONS ON THE CALENDAR DATE THE APPLICATION IS INITIALLY
TRANSMITTED BY THE VOTER THROUGH THE ELECTRONIC VOTER REGISTRATION TRAN-
SMITTAL SYSTEM.
§ 5-802. ONLINE VOTER REGISTRATION APPLICATION. 1. A VOTER SHALL BE
ABLE TO APPLY TO REGISTER TO VOTE USING A PERSONAL ONLINE VOTER REGIS-
TRATION APPLICATION SUBMITTED THROUGH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM WHEN THE VOTER:
(A) COMPLETES AN ELECTRONIC VOTER REGISTRATION APPLICATION PROMULGATED
BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE ALL OF THE VOTER
REGISTRATION INFORMATION REQUIRED BY SECTION 5-210 OF THIS ARTICLE; AND
(B) AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE VOTER REGISTRA-
TION APPLICATION IS TRUE AND THAT THE APPLICANT MEETS ALL OF THE QUALI-
FICATIONS TO BECOME A REGISTERED VOTER; AND
(C) CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE INDIVIDUAL'S
MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
CLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIGNATED BY
SECTIONS 5-211 OR 5-212 OF THIS ARTICLE, AS THE INDIVIDUAL'S VOTER
REGISTRATION EXEMPLAR SIGNATURE, OR PROVIDES SUCH A SIGNATURE BY DIRECT
UPLOAD IN A MANNER THAT COMPLIES WITH THE NEW YORK STATE ELECTRONIC
SIGNATURE AND RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY
THE STATE BOARD OF ELECTIONS.
2. THE BOARD OF ELECTIONS SHALL PROVIDE THE PERSONAL ONLINE VOTER
REGISTRATION APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
3. THE ONLINE VOTER REGISTRATION APPLICATION PROCESS SHALL PROVIDE
REASONABLE ACCOMMODATIONS TO IMPROVE ACCESSIBILITY FOR PERSONS WITH
DISABILITIES, AND SHALL BE COMPATIBLE FOR USE WITH STANDARD ONLINE
ACCESSIBILITY ASSISTANCE TOOLS FOR PERSONS WITH VISUAL, PHYSICAL OR
PERCEPTIVE DISABILITIES.
4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
FOR THE CREATION AND ADMINISTRATION OF AN ONLINE VOTER REGISTRATION
SYSTEM PURSUANT TO THIS SECTION.
§ 5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. 1. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED
BY AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE, THE LOCAL BOARD SHALL SEEK TO OBTAIN SUCH EXEMPLAR SIGNATURE
S. 1510--A 24 A. 2010--A
FROM THE STATEWIDE VOTER REGISTRATION DATABASE, THE STATE BOARD OF
ELECTIONS, OR A STATE OR LOCAL AGENCY DESIGNATED BY SECTION 5-211 OR
5-212 OF THIS ARTICLE.
2. IF SUCH EXEMPLAR SIGNATURE IS NOT AVAILABLE FROM THE STATEWIDE
VOTER REGISTRATION DATABASE, THE STATE BOARD OF ELECTIONS, OR A STATE OR
LOCAL AGENCY DESIGNATED BY SECTION 5-211 OR 5-212 OF THIS ARTICLE, THE
LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
§ 4. This act shall take effect on the earlier occurrence of: (i)
two years after it shall have become a law; provided, however, the state
board of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act immediate-
ly; or (ii) five days after the date of certification by the state board
of elections that the information technology infrastructure to substan-
tially implement this act is functional. Provided, further that the
state board of elections shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
PART D
Section 1. Section 3-400 of the election law is amended by adding a
new subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS ARTICLE,
ELECTION INSPECTORS OR POLL CLERKS, IF ANY, AT POLLING PLACES FOR EARLY
VOTING, SHALL CONSIST OF EITHER BOARD OF ELECTIONS EMPLOYEES WHO SHALL
BE APPOINTED BY THE COMMISSIONERS OF SUCH BOARD OR DULY QUALIFIED INDI-
VIDUALS, APPOINTED IN THE MANNER SET FORTH IN THIS SECTION. APPOINTMENTS
TO THE OFFICES OF ELECTION INSPECTOR OR POLL CLERK IN EACH POLLING PLACE
FOR EARLY VOTING SHALL BE EQUALLY DIVIDED BETWEEN THE MAJOR POLITICAL
PARTIES. THE BOARD OF ELECTIONS SHALL ASSIGN STAFF AND PROVIDE THE
RESOURCES THEY REQUIRE TO ENSURE WAIT TIMES AT EARLY VOTING SITES DO NOT
EXCEED THIRTY MINUTES.
§ 2. Section 4-117 of the election law is amended by addinga new
subdivision 1-a to read as follows:
1-A. THE NOTICE REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
INCLUDE THE DATES, HOURS AND LOCATIONS OF EARLY VOTING FOR THE GENERAL
AND PRIMARY ELECTION. THE BOARD OF ELECTIONS MAY SATISFY THE NOTICE
REQUIREMENT OF THIS SUBDIVISION BY PROVIDING IN THE NOTICE INSTRUCTIONS
S. 1510--A 25 A. 2010--A
TO OBTAIN THE REQUIRED EARLY VOTING INFORMATION FROM A WEBSITE OF THE
BOARD OF ELECTIONS AND PROVIDING A PHONE NUMBER TO CALL FOR SUCH INFOR-
MATION.
§ 3. Subdivision 2 of section 8-100 of the election law, as amended by
chapter 367 of the laws of 2017, is amended to read as follows:
2. Polls shall be open for voting during the following hours: a prima-
ry election from twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
city or county from six o'clock in the morning until nine o'clock in the
evening; the general election from six o'clock in the morning until nine
o'clock in the evening; a special election called by the governor pursu-
ant to the public officers law, and, except as otherwise provided by
law, every other election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN
SECTION 8-600 OF THIS ARTICLE.
§ 4. Subdivision 1 of section 8-102 of the election law is amended by
adding a new paragraph (k) to read as follows:
(K) VOTING AT EACH POLLING PLACE FOR EARLY VOTING SHALL BE CONDUCTED
IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, WITH THE
EXCEPTION OF THE TABULATION AND PROCLAMATION OF ELECTION RESULTS WHICH
SHALL BE COMPLETED ACCORDING TO SUBDIVISIONS EIGHT AND NINE OF SECTION
8-600 OF THIS ARTICLE.
§ 5. Section 8-104 of the election law is amended by adding a new
subdivision 7 to read as follows:
7. THIS SECTION SHALL APPLY ON ALL EARLY VOTING DAYS AS PROVIDED FOR
IN SECTION 8-600 OF THIS ARTICLE.
§ 6. Paragraph (b) of subdivision 2 of section 8-508 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election OR ON ANY DAY IN
WHICH THERE IS EARLY VOTING PURSUANT TO SECTION 8-600 OF THIS ARTICLE,
together with the reason for the challenge. If no voters are chal-
lenged, the board of inspectors shall enter the words "No Challenges"
across the space reserved for such names. In lieu of preparing section
two of the challenge report, the board of elections may provide, next to
the name of each voter on the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section two, or provide at the end of such comput-
er generated registration list, a place for the inspectors of election
to enter such information.
§ 7. Article 8 of the election law is amended by adding a new title 6
to read as follows:
TITLE VI
EARLY VOTING
SECTION 8-600. EARLY VOTING.
8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY
VOTING.
§ 8-600. EARLY VOTING. 1. BEGINNING THE THIRTEENTH DAY PRIOR TO ANY
GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY PUBLIC OR PARTY OFFICE, AND
ENDING ON AND INCLUDING THE SECOND DAY PRIOR TO SUCH GENERAL, PRIMARY OR
SPECIAL ELECTION FOR SUCH PUBLIC OR PARTY OFFICE, PERSONS DULY REGIS-
TERED AND ELIGIBLE TO VOTE AT SUCH ELECTION SHALL BE PERMITTED TO VOTE
AS PROVIDED IN THIS TITLE. THE BOARD OF ELECTIONS SHALL ESTABLISH
S. 1510--A 26 A. 2010--A
PROCEDURES, WHICH SHALL BE CONSISTENT WITH THIS CHAPTER AND THE REGU-
LATIONS OF THE STATE BOARD OF ELECTIONS, TO ENSURE THAT PERSONS WHO VOTE
DURING THE EARLY VOTING PERIOD SHALL NOT BE PERMITTED TO VOTE SUBSE-
QUENTLY IN THE SAME ELECTION.
2. (A) THE BOARD OF ELECTIONS SHALL DESIGNATE POLLING PLACES FOR EARLY
VOTING IN EACH COUNTY, WHICH MAY INCLUDE THE OFFICES OF THE BOARD OF
ELECTIONS, FOR PERSONS TO VOTE EARLY PURSUANT TO THIS SECTION. THERE
SHALL BE SO DESIGNATED AT LEAST ONE EARLY VOTING POLLING PLACE FOR EVERY
FULL INCREMENT OF FIFTY THOUSAND REGISTERED VOTERS IN EACH COUNTY;
PROVIDED, HOWEVER, THE NUMBER OF EARLY VOTING POLLING PLACES IN A COUNTY
SHALL NOT BE REQUIRED TO BE GREATER THAN SEVEN, AND A COUNTY WITH FEWER
THAN FIFTY THOUSAND VOTERS SHALL HAVE AT LEAST ONE EARLY VOTING POLLING
PLACE.
(B) THE BOARD OF ELECTIONS MAY ESTABLISH ADDITIONAL POLLING PLACES FOR
EARLY VOTING IN EXCESS OF THE MINIMUM NUMBER REQUIRED BY THIS SUBDIVI-
SION FOR THE CONVENIENCE OF ELIGIBLE VOTERS WISHING TO VOTE DURING THE
EARLY VOTING PERIOD.
(C) NOTWITHSTANDING THE MINIMUM NUMBER OF EARLY VOTING POLL SITES
OTHERWISE REQUIRED BY THIS SUBDIVISION, FOR ANY PRIMARY OR SPECIAL
ELECTION, UPON MAJORITY VOTE OF THE BOARD OF ELECTIONS, THE NUMBER OF
EARLY VOTING SITES MAY BE REDUCED IF THE BOARD OF ELECTIONS REASONABLY
DETERMINES A LESSER NUMBER OF SITES IS SUFFICIENT TO MEET THE NEEDS OF
EARLY VOTERS.
(D) POLLING PLACES FOR EARLY VOTING SHALL BE LOCATED TO ENSURE, TO THE
EXTENT PRACTICABLE, THAT ELIGIBLE VOTERS HAVE EQUITABLE ACCESS TO SUCH
POLLING PLACES, TAKING INTO CONSIDERATION POPULATION DENSITY, TRAVEL
TIME TO THE POLLING PLACE, PROXIMITY TO OTHER EARLY VOTING POLLING PLAC-
ES, COMMONLY USED TRANSPORTATION ROUTES, PUBLIC TRANSPORTATION, AND SUCH
OTHER FACTORS THE BOARD OF ELECTIONS DEEMS APPROPRIATE. THE PROVISIONS
OF SECTION 4-104 OF THIS CHAPTER, EXCEPT SUBDIVISIONS FOUR AND FIVE OF
SUCH SECTION, SHALL APPLY TO THE DESIGNATION OF POLLING PLACES FOR EARLY
VOTING EXCEPT TO THE EXTENT SUCH PROVISIONS ARE INCONSISTENT WITH THIS
SECTION.
3. ANY PERSON PERMITTED TO VOTE EARLY MAY DO SO AT ANY POLLING PLACE
FOR EARLY VOTING ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
IN THE COUNTY WHERE SUCH VOTER IS REGISTERED TO VOTE. PROVIDED, HOWEVER,
(I) IF IT IS IMPRACTICAL TO PROVIDE EACH POLLING PLACE FOR EARLY VOTING
ALL APPROPRIATE BALLOTS FOR EACH ELECTION TO BE VOTED ON IN THE COUNTY,
OR (II) IF PERMITTING SUCH PERSONS TO VOTE EARLY AT ANY POLLING PLACE
ESTABLISHED FOR EARLY VOTING WOULD MAKE IT IMPRACTICAL TO ENSURE THAT
SUCH VOTER HAS NOT PREVIOUSLY VOTED EARLY DURING SUCH ELECTION, THE
BOARD OF ELECTIONS MAY DESIGNATE EACH POLLING PLACE FOR EARLY VOTING
ONLY FOR THOSE VOTERS REGISTERED TO VOTE IN A PORTION OF THE COUNTY TO
BE SERVED BY SUCH POLLING PLACE FOR EARLY VOTING, PROVIDED THAT ALL
VOTERS IN EACH COUNTY SHALL HAVE ONE OR MORE POLLING PLACES AT WHICH
THEY ARE ELIGIBLE TO VOTE THROUGHOUT THE EARLY VOTING PERIOD ON A
SUBSTANTIALLY EQUAL BASIS.
4. (A) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST EIGHT HOURS
BETWEEN SEVEN O'CLOCK IN THE MORNING AND EIGHT O'CLOCK IN THE EVENING
EACH WEEK DAY DURING THE EARLY VOTING PERIOD.
(B) AT LEAST ONE POLLING PLACE FOR EARLY VOTING SHALL REMAIN OPEN
UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK DAYS IN EACH
CALENDAR WEEK DURING THE EARLY VOTING PERIOD. IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, POLLING PLACES THAT REMAIN OPEN UNTIL
EIGHT O'CLOCK SHALL BE DESIGNATED SUCH THAT ANY PERSON ENTITLED TO VOTE
S. 1510--A 27 A. 2010--A
EARLY MAY VOTE UNTIL EIGHT O'CLOCK IN THE EVENING ON AT LEAST TWO WEEK
DAYS DURING THE EARLY VOTING PERIOD.
(C) POLLS SHALL BE OPEN FOR EARLY VOTING FOR AT LEAST FIVE HOURS
BETWEEN NINE O'CLOCK IN THE MORNING AND SIX O'CLOCK IN THE EVENING ON
EACH SATURDAY, SUNDAY AND LEGAL HOLIDAY DURING THE EARLY VOTING PERIOD.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT ANY BOARD
OF ELECTIONS FROM ESTABLISHING A GREATER NUMBER OF HOURS FOR VOTING
DURING THE EARLY VOTING PERIOD BEYOND THE NUMBER OF HOURS REQUIRED IN
THIS SUBDIVISION.
(E) EARLY VOTING POLLING PLACES AND THEIR HOURS OF OPERATION FOR EARLY
VOTING AT A GENERAL ELECTION SHALL BE DESIGNATED PURSUANT TO SUBDIVISION
ONE OF SECTION 4-104 OF THIS CHAPTER. NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISION ONE OF SECTION 4-104 OF THIS CHAPTER REQUIRING POLL SITE
DESIGNATION BY MAY FIRST, EARLY VOTING POLLING PLACES AND THEIR HOURS OF
OPERATION FOR EARLY VOTING FOR A PRIMARY OR SPECIAL ELECTION SHALL BE
MADE NOT LATER THAN FORTY-FIVE DAYS BEFORE SUCH PRIMARY OR SPECIAL
ELECTION.
5. EACH BOARD OF ELECTIONS SHALL CREATE A COMMUNICATION PLAN TO INFORM
ELIGIBLE VOTERS OF THE OPPORTUNITY TO VOTE EARLY. SUCH PLAN MAY UTILIZE
ANY AND ALL MEDIA OUTLETS, INCLUDING SOCIAL MEDIA, AND SHALL PUBLICIZE:
THE LOCATION AND DATES AND HOURS OF OPERATION OF ALL POLLING PLACES FOR
EARLY VOTING; AN INDICATION OF WHETHER EACH POLLING PLACE IS ACCESSIBLE
TO VOTERS WITH PHYSICAL DISABILITIES; A CLEAR AND UNAMBIGUOUS NOTICE TO
VOTERS THAT IF THEY CAST A BALLOT DURING THE EARLY VOTING PERIOD THEY
WILL NOT BE ALLOWED TO VOTE ELECTION DAY; AND IF POLLING PLACES FOR
EARLY VOTING ARE LIMITED TO VOTERS FROM CERTAIN AREAS PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION, THE LOCATION OF THE POLLING PLACES FOR
EARLY VOTING SERVING THE VOTERS OF EACH PARTICULAR CITY, TOWN OR OTHER
POLITICAL SUBDIVISION.
6. THE FORM OF PAPER BALLOTS USED IN EARLY VOTING SHALL COMPLY WITH
THE PROVISIONS OF ARTICLE SEVEN OF THIS CHAPTER THAT ARE APPLICABLE TO
VOTING BY PAPER BALLOT ON ELECTION DAY AND SUCH BALLOT SHALL BE CAST IN
THE SAME MANNER AS PROVIDED FOR IN SECTION 8-312 OF THIS ARTICLE,
PROVIDED, HOWEVER, THAT BALLOTS CAST DURING THE EARLY VOTING PERIOD
SHALL BE SECURED IN THE MANNER OF VOTED BALLOTS CAST ON ELECTION DAY AND
SUCH BALLOTS SHALL NOT BE CANVASSED OR EXAMINED UNTIL AFTER THE CLOSE OF
THE POLLS ON ELECTION DAY, AND NO UNOFFICIAL TABULATIONS OF ELECTION
RESULTS SHALL BE PRINTED OR VIEWED IN ANY MANNER UNTIL AFTER THE CLOSE
OF POLLS ON ELECTION DAY.
7. VOTERS CASTING BALLOTS PURSUANT TO THIS TITLE SHALL BE SUBJECT TO
CHALLENGE AS PROVIDED IN SECTIONS 8-500, 8-502 AND 8-504 OF THIS ARTI-
CLE.
8. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER, AT THE END OF
EACH DAY OF EARLY VOTING, ANY EARLY VOTING BALLOTS THAT HAVE NOT BEEN
SCANNED BECAUSE A BALLOT SCANNER WAS NOT AVAILABLE OR BECAUSE THE BALLOT
HAS BEEN ABANDONED BY THE VOTER AT THE BALLOT SCANNER SHALL BE CAST IN A
MANNER CONSISTENT WITH SECTION 9-110 OF THIS CHAPTER, EXCEPT THAT ANY
BALLOTS THAT WOULD OTHERWISE BE SCANNED AT THE CLOSE OF THE POLLS PURSU-
ANT TO SUCH SECTION SHALL BE SCANNED AT THE CLOSE OF EACH DAY'S EARLY
VOTING.
9. THE BOARD OF ELECTIONS SHALL SECURE ALL BALLOTS AND SCANNERS USED
FOR EARLY VOTING FROM THE BEGINNING OF THE EARLY VOTING PERIOD THROUGH
THE CLOSE OF THE POLLS OF THE ELECTION ON ELECTION DAY. AS SOON AS THE
POLLS OF THE ELECTION ARE CLOSED ON ELECTION DAY, AND NOT BEFORE,
INSPECTORS OR BOARD OF ELECTIONS EMPLOYEES SHALL FOLLOW ALL RELEVANT
PROVISIONS OF ARTICLE NINE OF THIS CHAPTER THAT ARE NOT INCONSISTENT
S. 1510--A 28 A. 2010--A
WITH THIS SECTION, FOR CANVASSING, PROCESSING, RECORDING, AND ANNOUNCING
RESULTS OF VOTING AT POLLING PLACES FOR EARLY VOTING, AND SECURING
BALLOTS, SCANNERS, AND OTHER ELECTION MATERIALS.
10. THIS TITLE SHALL NOT APPLY TO VILLAGE ELECTIONS CONDUCTED PURSUANT
TO ARTICLE FIFTEEN AND TITLE TWO OF ARTICLE SIX OF THIS CHAPTER.
§ 8-602. STATE BOARD OF ELECTIONS; POWERS AND DUTIES FOR EARLY VOTING.
ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF THE
PROVISIONS OF THIS TITLE SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS TO ENSURE THAT BALLOTS CAST EARLY, BY ANY METHOD ALLOWED
UNDER LAW, ARE COUNTED AND CANVASSED AS IF CAST ON ELECTION DAY. THE
STATE BOARD OF ELECTIONS SHALL PROMULGATE ANY OTHER RULES AND REGU-
LATIONS NECESSARY TO ENSURE AN EFFICIENT AND FAIR EARLY VOTING PROCESS
THAT RESPECTS THE PRIVACY OF THE VOTER. PROVIDED, FURTHER, THAT SUCH
RULES AND REGULATIONS SHALL REQUIRE THAT THE VOTING HISTORY RECORD FOR
EACH VOTER BE CONTINUALLY UPDATED TO REFLECT EACH INSTANCE OF EARLY
VOTING BY SUCH VOTER.
§ 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to any
election held 120 days or more after it shall have taken effect.
PART E
Section 1. This part enacts into law major components of legislation
relating to elections. Each component is wholly contained within a
Subpart identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this part sets forth the general effective date of this part.
SUBPART A
Section 1. Subdivision 1 of section 1-106 of the election law, as
amended by chapter 700 of the laws of 1977, is amended to read as
follows:
1. All papers required to be filed pursuant to the provisions of this
chapter shall, unless otherwise provided, be filed between the hours of
nine A.M. and five P.M. If the last day for filing shall fall on a
Saturday, Sunday or legal holiday, the next business day shall become
the last day for filing. All papers sent by mail in an envelope post-
marked prior to midnight of the last day of filing shall be deemed time-
ly filed and accepted for filing when received, except THAT ALL CERTIF-
ICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS OR NOMINATIONS, CERTIF-
ICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH DESIG-
NATIONS OR NOMINATIONS AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS
TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH THE STATE
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
S. 1510--A 29 A. 2010--A
TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICATIONS.
FAILURE OF THE POST OFFICE OR ANY OTHER PERSON OR ENTITY TO DELIVER ANY
SUCH PETITION, CERTIFICATE OR OBJECTION TO SUCH BOARD OF ELECTIONS
OUTSIDE THE CITY OF NEW YORK NO LATER THAN TWO BUSINESS DAYS AFTER THE
LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICA-
TIONS SHALL BE A FATAL DEFECT. EXCEPTED FURTHER that all certificates
and petitions of designation or nomination, certificates of acceptance
or declination of such designations and nominations, certificates of
substitution for such designations or nominations and objections and
specifications of objections to such certificates and petitions required
to be filed with the board of elections of the city of New York must be
actually received by such city board of elections on or before the last
day to file any such petition, certificate or objection and such office
shall be open for the receipt of such petitions, certificates and
objections until midnight on the last day to file any such petition,
certificate or objection. Failure of the post office or any other person
or entity to deliver any such petition, certificate or objection to such
city board of elections on or before such last day shall be a fatal
defect.
§ 2. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
1. Every board of elections shall, in consultation with each city,
town and village, designate the polling places in each election district
in which the meetings for the registration of voters, and for any
election may be held. The board of trustees of each village in which
general and special village elections conducted by the board of
elections are held at a time other than the time of a general election
shall submit such a list of polling places for such village elections to
the board of elections. A polling place may be located in a building
owned by a religious organization or used by it as a place of worship.
If such a building is designated as a polling place, it shall not be
required to be open for voter registration on any Saturday if this is
contrary to the religious beliefs of the religious organization. In such
a situation, the board of elections shall designate an alternate
location to be used for voter registration. Such polling places must be
designated by [May first] MARCH FIFTEENTH, of each year, and shall be
effective for one year thereafter. Such a list required to be submitted
by a village board of trustees must be submitted at least four months
before each general village election and shall be effective until four
months before the subsequent general village election. No place in which
a business licensed to sell alcoholic beverages for on premises consump-
tion is conducted on any day of local registration or of voting shall be
so designated. If, within the discretion of the board of elections a
particular polling place so designated is subsequently found to be
unsuitable or unsafe or should circumstances arise that make a desig-
nated polling place unsuitable or unsafe, then the board of elections is
empowered to select an alternative meeting place. In the city of New
York, the board of elections shall designate such polling places and
alternate registration places if the polling place cannot be used for
voter registration on Saturdays.
§ 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
S. 1510--A 30 A. 2010--A
each office, except county, city, village and town offices to be voted
for at such election in such county.
2. Each county, city, village and town clerk, [at least eight months
before each] BY FEBRUARY FIRST IN THE YEAR OF EACH general election,
shall make and transmit to the board of elections a certificate stating
each county, city, village or town office, respectively to be voted for
at each such election. Each village clerk, at least five months before
each general village election conducted by the board of elections, shall
make, and transmit to such board, a certificate stating each village
office to be filled at such election.
§ 4. Paragraph b of subdivision 1 of section 4-108 of the election
law, as amended by chapter 117 of the laws of 1985, is amended to read
as follows:
b. Whenever any proposal, proposition or referendum as provided by law
is to be submitted to a vote of the people of a county, city, town,
village or special district, at an election conducted by the board of
elections, the clerk of such political subdivision, at least [thirty-six
days] THREE MONTHS prior to the GENERAL election at which such proposal,
proposition or referendum is to be submitted, shall transmit to each
board of elections a certified copy of the text of such proposal, propo-
sition or referendum and a statement of the form in which it is to be
submitted. If a special election is to be held, such transmittal shall
also give the date of such election.
§ 5. Section 4-110 of the election law, as amended by chapter 434 of
the laws of 1984, is amended to read as follows:
§ 4-110. Certification of primary election candidates; state board of
elections. The state board of elections, not later than [thirty-six]
FIFTY-FIVE days before a primary election, shall certify to each county
board of elections: The name and residence of each candidate to be voted
for within the political subdivision of such board for whom a desig-
nation has been filed with the state board; the title of the office or
position for which the candidate is designated; the name of the party
upon whose primary ballot his OR HER name is to be placed; and the order
in which the names of the candidates are to be printed as determined by
the state board. Where an office or position is uncontested, such
certification shall state such fact.
§ 6. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 4 of the laws of 2011, is amended to read as follows:
1. The state board of elections, not later than [thirty-six] FIFTY-
FIVE days before a general election, or fifty-three days before a
special election, shall certify to each county board of elections the
name and residence of each candidate nominated in any valid certificate
filed with it or by the returns canvassed by it, the title of the office
for which nominated; the name of the party or body specified of which he
OR SHE is a candidate; the emblem chosen to distinguish the candidates
of the party or body; and a notation as to whether or not any litigation
is pending concerning the candidacy. Upon the completion of any such
litigation, the state board of elections shall forthwith notify the
appropriate county boards of elections of the results of such liti-
gation.
§ 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
S. 1510--A 31 A. 2010--A
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-
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
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required for registration lists, include the party enrollment of each
voter. At least as many copies of such list shall be prepared as the
required minimum number of registration lists.
Lists for all the election districts in a ward or assembly district
may be bound together in one volume. The board of elections shall also
cause to be published a complete list of names and residence addresses
of the registered voters, including the party enrollment of each voter,
for each town and city over which the board has jurisdiction. The names
for each town and city may be arranged according to street and number or
alphabetically. Such lists shall be published before the first day of
[April] FEBRUARY. The board shall keep at least five copies for public
inspection at each main office or branch office of the board. Surplus
copies of the lists shall be sold at a charge not exceeding the cost of
publication.
§ 10. Paragraph a of subdivision 5 of section 5-708 of the election
law, as added by chapter 659 of the laws of 1994, is amended to read as
follows:
a. At least once each year during the month of [May] FEBRUARY, each
board of elections shall obtain through the National Change of Address
System, the forwarding address for every voter registered with such
board of elections for whom the United States Postal Service has such a
forwarding address together with the name of each such voter whom the
Postal Service records indicate has moved from the address at which he
is registered without leaving a forwarding address.
§ 11. Subdivision 1 of section 6-108 of the election law, as amended
by chapter 160 of the laws of 1996, is amended to read as follows:
1. In any town in a county having a population of over seven hundred
fifty thousand inhabitants, as shown by the latest federal decennial or
special population census, party nominations of candidates for town
offices shall be made at the primary preceding the election. In any
other town, nominations of candidates for town offices shall be made by
caucus or primary election as the rules of the county committee shall
provide, except that the members of the county committee from a town may
adopt by a two-thirds vote, a rule providing that the party candidates
for town offices shall be nominated at the primary election. If a rule
adopted by the county committee of a political party or by the members
of the county committee from a town, provides that party candidates for
town offices, shall be nominated at a primary election, such rule shall
not apply to nor affect a primary held less than four months after a
certified copy of the rule shall have been filed with the board of
elections. After the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent primary.
Such a caucus shall be held no earlier than the first day on which
designating petitions for the [fall] primary election may be signed.
§ 12. Subdivisions 1 and 2 of section 6-147 of the election law, as
amended by chapter 434 of the laws of 1984, are amended to read as
follows:
1. The name of a person designated on more than one petition as a
candidate for a party position to be filled by two or more persons shall
be printed on the ballot with the group of candidates designated by the
petition first filed unless such person, in a certificate duly acknowl-
edged by him OR HER and filed with the board of elections not later than
the [eighth] TENTH Tuesday preceding the primary election or five days
after the board of elections mails such person notice of his OR HER
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designation in more than one group, whichever is later, specifies anoth-
er group in which his OR HER name shall be printed.
2. A person designated as a candidate for the position of member of
the county committee in more than one election district shall be deemed
to have been designated in the lowest numbered election district unless
such person, in a certificate duly acknowledged by him OR HER, and filed
with the board of elections not later than the [eighth] TENTH Tuesday
preceding the primary election or five days after the board of elections
mails such person notice of his OR HER designation in more than one
election district whichever is later, specifies that he OR SHE wishes to
be deemed designated in a different election district.
§ 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of
the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
of the laws of 1984, subdivision 6 as amended by chapter 79 of the laws
of 1992, and subdivision 9 as amended by chapter 517 of the laws of
1986, are amended to read as follows:
1. A designating petition shall be filed not earlier than the [tenth]
THIRTEENTH Monday before, and not later than the [ninth] TWELFTH Thurs-
day preceding the primary election.
4. A petition of enrolled members of a party requesting an opportunity
to write in the name of an undesignated candidate for a public office or
party position at a primary election shall be filed not later than the
[eighth] ELEVENTH Thursday preceding the primary election. However,
where a designating petition has been filed and the person named therein
has declined such designation and another person has been designated to
fill the vacancy, then in that event, a petition for an opportunity to
ballot in a primary election shall be filed not later than the [seventh]
TENTH Thursday preceding such primary election.
5. A judicial district convention shall be held not earlier than the
[Tuesday] THURSDAY following the [third Monday in September] FIRST
MONDAY IN AUGUST preceding the general election and not later than [the
fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
6. (A) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than [seven] THIRTY days after the
[fall] primary election, (B) except that a certificate of nomination
for an office which becomes vacant after the seventh day preceding such
primary election shall be filed not later than [fourteen] THIRTY DAYS
AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
cy, WHICHEVER IS LATER, and (C) except, further, that a certificate of
party nomination of candidates for elector of president and vice-presi-
dent of the United States shall be filed not later than [fourteen]
SEVENTY-FOUR days after the [fall] primary election, and (D) except
still further that a certificate of party nomination made at a judicial
district convention shall be filed not later than the day after the last
day to hold such convention and the minutes of such convention, duly
certified by the chairman and secretary, shall be filed within seventy-
two hours after adjournment of the convention. A certificate of party
nomination for an office to be filled at a special election shall be
filed not later than ten days following the issuance of a proclamation
of such election.
9. A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than
[twelve] TWENTY-FOUR weeks and not later than [eleven] TWENTY-THREE
weeks preceding such election. A petition for an independent nomination
for an office to be filled at a special election shall be filed not
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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 OR MORE before [September twenti-
eth of] THE GENERAL ELECTION IN any year in any office authorized to be
filled at a general election, except in the offices of governor, lieu-
tenant-governor, or United States senator shall be filled at the general
election held next thereafter, unless otherwise provided by the consti-
tution, or unless previously filled at a special election.
§ 14. Paragraph (a) of subdivision 1 of section 8-100 of the election
law, as amended by chapter 17 of the laws of 2007, is amended to read as
follows:
(a) A primary election[, to be known as the fall primary,] shall be
held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
ber] JUNE before every general election unless otherwise changed by an
act of the legislature. MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND ALL OTHER
PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION
IN SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
tors of president and vice president of the United States are to be
elected an additional primary election, to be known as the spring prima-
ry, shall be held on the first Tuesday in February unless otherwise
changed by an act of the legislature, for the purpose of electing deleg-
ates to the national convention[, members of state and county committees
and assembly district leaders and associate assembly district leaders].
§ 15. Subdivision 1 of section 9-200 of the election law, as amended
by chapter 250 of the laws of 1984, is amended to read as follows:
1. The board of elections shall canvass the returns of primary
elections filed with it. It shall canvass first the votes of the deleg-
ates and alternates to judicial district conventions and complete such
canvass at the earliest time possible. It shall complete the canvass
otherwise within [nine] THIRTEEN days from the day upon which the prima-
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
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of such board or a majority thereof, of the number of votes cast for all
the candidates for nomination to each public office or for election to
each party position, and the number of votes cast for each such candi-
date. The candidate receiving the highest number of votes for nomination
for a public office or for election to a party position voted for wholly
within the political unit for which such board is acting, shall be the
nominee of his party for such office or elected to such party position
and the board, if requested by a candidate elected to a party position,
shall furnish to him a certificate of election.
§ 16. Subdivision 1 of section 9-208 of the election law, as amended
by chapter 163 of the laws of 2010, is amended to read as follows:
1. Within fifteen days after each general[,] OR special [or] ELECTION,
AND WITHIN TWENTY DAYS AFTER A primary election, and within seven days
after every village election conducted by the board of elections at
which ballot scanners are used, the board of elections, or a bipartisan
committee of or appointed by said board shall, in each county using
ballot scanners, make a record of the serial number of each ballot scan-
ner used in each election district in such general, special or primary
election. No person who was a candidate at such election shall be
appointed to membership on the committee. Such board of elections or
bipartisan committee shall recanvass the tabulated result tape from each
ballot scanner used in each election district by comparing such tape
with the numbers as recorded on the return of canvass. The said board or
committee shall also make a recanvass of any election day paper ballots
that have not been scanned and were hand counted pursuant to subdivision
two of section 9-110 of this article and compare the results with the
number as recorded on the return of canvass. The board or committee
shall then recanvass write-in votes, if any, on ballots which were
otherwise scanned and canvassed at polling places on election night. The
board or committee shall validate and prove such sums. Before making
such canvass the board of elections, with respect to each election
district to be recanvassed, shall give notice in writing to the voting
machine custodian thereof, to the state and county chair of each party
or independent body which shall have nominated candidates for the said
general or special election or nominated or elected candidates at the
said primary election and to each individual candidate whose name
appears on the office ballot, of the time and place where such canvass
is to be made; and the state and county chair of each such party or
independent body and each such individual candidate may send a represen-
tative to be present at such recanvass. Each candidate whose name
appears on the official ballot, or his or her representative, shall have
the right personally to examine and make a record of the vote recorded
on the tabulated result tape and any ballots which were hand counted.
§ 17. Subdivision 1 of section 9-211 of the election law, as amended
by chapter 515 of the laws of 2015, is amended to read as follows:
1. Within fifteen days after each general or special election, [and]
within [seven] THIRTEEN days after every primary [or] ELECTION, AND
WITHIN SEVEN DAYS AFTER EVERY village election conducted by the board of
elections, the board of elections or a bipartisan committee appointed by
such board shall audit the voter verifiable audit records from three
percent of voting machines or systems within the jurisdiction of such
board. Such audits may be performed manually or via the use of any auto-
mated tool authorized for such use by the state board of elections which
is independent from the voting system it is being used to audit. Voting
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
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process, the board of elections shall send notice by first class mail to
each candidate, political party and independent body entitled to have
had watchers present at the polls in any election district in such
board's jurisdiction. Such notice shall state the time and place fixed
for such random selection process. The audit shall be conducted in the
same manner, to the extent applicable, as a canvass of paper ballots.
Each candidate, political party or independent body entitled to appoint
watchers to attend at a polling place shall be entitled to appoint such
number of watchers to observe the audit.
§ 18. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 4 of the laws of 2011, is amended to read as
follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any event not later than
[thirty-two] FORTY-SIX days before a primary or general election[; twen-
ty-five days before] a New York city community school board district or
city of Buffalo school district election; fourteen days before a village
election conducted by the board of elections; and forty-five days before
a special election. A voter who submits a military ballot application
shall be entitled to a military ballot thereafter for each subsequent
election through and including the next two regularly scheduled general
elections held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be valid for any
election held within seven days after its receipt. Ballots shall also
be mailed to any qualified military voter who is already registered and
who requests such military ballot from such board of elections in a
letter, which is signed by the voter and received by the board of
elections not later than the seventh day before the election for which
the ballot is requested and which states the address where the voter is
registered and the address to which the ballot is to be mailed. The
board of elections shall enclose with such ballot a form of application
for military ballot. In the case of a primary election, the board shall
deliver only the ballot of the party with which the military voter is
enrolled according to the military voter's registration records. In the
event a primary election is uncontested in the military voter's election
district for all offices or positions except the party position of
member of the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such election; and the military
voter shall be advised of the reason why he or she will not receive a
ballot.
§ 19. Subdivision 4 of section 11-204 of the election law, as amended
by chapter 4 of the laws of 2011, is amended to read as follows:
4. If the board of elections shall determine that the applicant making
the application provided for in this section is qualified to receive and
vote a special federal ballot, it shall, as soon as practicable after it
shall have so determined, or not later than [thirty-two] FORTY-SIX days
before each general or primary election [and forty-five days before
each] OR special election in which such applicant is qualified to vote,
or three days after receipt of such an application, whichever is later,
mail to him or her at the residence address outside the United States
shown in his or her application, a special federal ballot, an inner
affirmation envelope and an outer envelope, or otherwise distribute same
to the voter in accordance with the preferred method of transmission
designated by the voter pursuant to section 11-203 of this title. The
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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 OR MORE before [September twenti-
eth 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 lieu-
tenant-governor, shall be filled at the general election held next ther-
eafter, unless otherwise provided by the constitution, or unless previ-
ously 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
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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 December 31, 2019.
SUBPART B
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
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
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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.
§ 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-
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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
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
S. 1510--A 41 A. 2010--A
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 December 31, 2019.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court or competent
jurisdiction to be invalid, such judgement shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or subpart
thereof directly involved in the controversy in which such judgement
shall have been rendered. It is hereby declared to be intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of subparts A through B of this part shall
be as specifically set forth in the last section of such subparts.
PART F
Section 1. Section 14-116 of the election law, subdivision 1 as
redesignated by chapter 9 of the laws of 1978, subdivision 2 as amended
by chapter 260 of the laws of 1981, is amended to read as follows:
§ 14-116. Political contributions by certain organizations. 1. No
corporation or joint-stock association doing business in this state,
except a corporation or association organized or maintained for poli-
tical purposes only, shall directly or indirectly pay or use or offer,
consent or agree to pay or use any money or property for or in aid of
any political party, committee or organization, or for, or in aid of,
any corporation, LIMITED LIABILITY COMPANY, joint-stock or other associ-
ation organized or maintained for political purposes, or for, or in aid
of, any candidate for political office or for nomination for such
office, or for any political purpose whatever, or for the reimbursement
or indemnification of any person for moneys or property so used. Any
officer, director, stock-holder, MEMBER, OWNER, attorney or agent of any
corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
violates any of the provisions of this section, who participates in,
aids, abets or advises or consents to any such violations, and any
person who solicits or knowingly receives any money or property in
violation of this section, shall be guilty of a misdemeanor.
2. Notwithstanding the provisions of subdivision one of this section,
any corporation, LIMITED LIABILITY COMPANY, JOINT STOCK ASSOCIATION, or
an organization financially supported in whole or in part[,] by ANY such
S. 1510--A 42 A. 2010--A
[corporation] ENTITY, may make expenditures[, including contributions,
not otherwise prohibited by law, for political purposes, in an amount
not to exceed five thousand dollars in the aggregate in any calendar
year] NOT OTHERWISE PROHIBITED BY LAW FOR POLITICAL PURPOSES IN THE FORM
OF CONTRIBUTIONS TO INDEPENDENT EXPENDITURE COMMITTEES, AND IN THE FORM
OF INDEPENDENT EXPENDITURES MADE AS AN INDEPENDENT EXPENDITURE
COMMITTEE; provided that no public utility shall use revenues received
from the rendition of public service within the state for contributions
for political purposes unless such cost is charged to the shareholders
of such a public service corporation.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 5-211 of the election law, as amended by chapter
659 of the laws of 1994, the section heading and opening paragraph as
amended by chapter 265 of the laws of 2013, and subdivisions 11 and 14
as amended by chapter 200 of the laws of 1996, is amended to read as
follows:
§ 5-211. Agency assisted registration. Each agency designated as a
participating agency under the provisions of this section shall imple-
ment and administer a program of [distribution of] INTEGRATED PERSONAL
voter registration [forms] APPLICATIONS pursuant to the provisions of
this section. The following offices which provide public assistance
and/or provide state funded programs primarily engaged in providing
services to persons with disabilities are hereby designated as voter
registration agencies: designated as the state agencies which provide
public assistance are the office of children and family services, the
office of temporary and disability assistance and the department of
health. Also designated as public assistance agencies are all agencies
of local government that provide such assistance. Designated as state
agencies that provide programs primarily engaged in providing services
to people with disabilities are the department of labor, office for the
aging, division of veterans' affairs, office of mental health, [office
of vocational and educational services for individuals with disabili-
ties, commission on quality of care for the mentally disabled, office of
mental retardation and developmental disabilities,] OFFICE OF ADULT
CAREER AND CONTINUING EDUCATION SERVICES-VOCATIONAL REHABILITATION,
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, commission for the
blind, office of alcoholism and substance abuse services, [the office of
the advocate for the disabled] THE JUSTICE CENTER and all offices which
administer programs established or funded by such agencies. Additional
state agencies designated as voter registration offices are the depart-
ment of state and the division of workers' compensation. Such agencies
shall be required to offer [voter registration forms] INTEGRATED
PERSONAL VOTER REGISTRATION APPLICATIONS to persons upon initial appli-
cation for services, renewal or recertification for services and change
of address relating to such services WHETHER ELECTRONICALLY OR ON PAPER.
SUCH INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION SHALL ALSO SERVE
AS AN APPLICATION FOR PRE-REGISTRATION, AS APPLICABLE. Such agencies
shall also be responsible for providing assistance to applicants in
completing voter registration forms, receiving and transmitting the
completed application form from all applicants who wish to have such
form transmitted to the appropriate board of elections. THE AGENCY
SHALL TRANSMIT TO THE STATE BOARD OF ELECTIONS THAT PORTION OF EACH
INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION RECEIVED BY THE AGEN-
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CY, WHETHER RECEIVED ELECTRONICALLY OR ON PAPER, THAT INCLUDES VOTER
REGISTRATION INFORMATION. SUCH TRANSMITTAL BY THE AGENCY SHALL OCCUR
THROUGH AN INTERFACE WITH THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL
SYSTEM ESTABLISHED AND MAINTAINED BY THE STATE BOARD OF ELECTIONS. THE
STATE BOARD OF ELECTIONS SHALL ELECTRONICALLY FORWARD SUCH APPLICATION
TO THE APPLICABLE BOARD OF ELECTIONS OF EACH COUNTY OR THE CITY OF NEW
YORK FOR FILING, PROCESSING AND VERIFICATION CONSISTENT WITH THIS CHAP-
TER. The state board of elections shall, together with representatives
of the department of defense, develop and implement procedures for
including recruitment offices of the armed forces of the United States
as voter registration offices when such offices are so designated by
federal law. The state board shall also make request of the United
States Immigration and Naturalization Service to include applications
for registration by mail with any materials which are given to new citi-
zens. All institutions of the state university of New York and the city
university of New York, shall, at the beginning of the school year, and
again in January of a year in which the president of the United States
is to be elected, provide an application for registration to each
student in each such institution. The state board of elections may, by
regulation, grant a waiver from any or all of the requirements of this
section to any office or program of an agency, if it determines that it
is not feasible for such office or program to administer such require-
ment.
1. The state board of elections shall adopt such rules and regulations
as may be necessary to carry out the requirements of this section and
shall prepare and distribute to participating agencies written
instructions as to the implementation of the program and shall be
responsible for establishing training programs for employees of partic-
ipating agencies involved in such program. The state board of elections
shall provide a toll free telephone to answer registration questions.
2. Strict neutrality with respect to a person's party enrollment shall
be maintained and all persons seeking voter registration forms and
information shall be advised that government services are not condi-
tioned on being registered to vote. No statement shall be made nor any
action taken to discourage the applicant from registering to vote.
3. If a participating agency provides services to a person with a
disability at the person's place of residence, the agency shall offer
the opportunity to complete a voter registration form at such place of
residence.
4. Each participating agency shall provide to each applicant who does
not decline to register to vote the same degree of assistance with
regard to the completion of the registration application form as is
provided by the agency with regard to the completion of its own form
unless the applicant refuses such assistance.
5. Employees of a voter registration agency who provide voter regis-
tration assistance shall not:
(a) seek to influence an applicant's political preference or party
designation;
(b) display any political preference or party allegiance;
(c) make any statement to an applicant or take any action the purpose
or effect of which is to discourage the applicant from registering to
vote; or
(d) make any statement to an applicant or take any action the purpose
or effect of which is to lead the applicant to believe that a decision
to register or not to register has any bearing on the availability of
services or benefits.
S. 1510--A 44 A. 2010--A
6. The state board of elections shall coordinate and monitor the
distribution of voter registration forms by those state agencies,
departments, divisions and offices selected to participate in the
program to maximize the efficient and non partisan distribution of voter
registration information and forms. The board shall also adopt such
rules and regulations as may be necessary to require county boards and
participating agencies to provide the state board with such information
and data as the board deems necessary to assess compliance with this
section and to compile such statistics as may be required by the [feder-
al elections commission] UNITED STATES ELECTION ASSISTANCE COMMISSION.
7. Each participating agency, department, division and office that
makes available INTEGRATED PERSONAL voter registration [forms] APPLICA-
TIONS shall prominently display promotional materials designed and
approved by the state board of elections, informing the public of the
existence of voter registration services.
8. Each participating agency, department, division or office that
makes available INTEGRATED PERSONAL voter registration [forms] APPLICA-
TIONS pursuant to this section shall offer with each application for the
services or assistance of such agency, department, division or office
and with each recertification, renewal or change of address form relat-
ing to such service or assistance, [a registration form together] WHETH-
ER ELECTRONICALLY OR ON PAPER, AN APPLICATION with instructions relating
to eligibility to register and for completing the form [except that
forms used by the department of social services for the initial applica-
tion for services, renewal or recertification for services and change of
address relating to such services shall physically incorporate a voter
registration application in a fashion that permits the voter registra-
tion portion of the agency form to be detached therefrom]. Such voter
registration application shall be designed so as to ensure the confiden-
tiality of the source of the application. [Included on] THE VOTER REGIS-
TRATION RELATED PORTION OF each participating agency's INTEGRATED appli-
cation for services or assistance [or on a separate form] shall [be]:
(A) NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE INFORMATION
REQUIRED BY THE PORTION OF THE FORM RELATED TO THE APPLICATION FOR AGEN-
CY SERVICES OR ASSISTANCE AND SHALL REQUIRE ONLY SUCH ADDITIONAL INFOR-
MATION AS WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S
ELIGIBILITY TO REGISTER TO VOTE, PREVENT DUPLICATE REGISTRATION AND TO
ADMINISTER VOTER REGISTRATION AND OTHER PARTS OF THE ELECTION PROCESS;
(B) INCLUDE A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY HIS OR HER
SIGNATURE THAT HE OR SHE MEETS THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
(C) INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
(I) VOTER ELIGIBILITY REQUIREMENTS;
(II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
(III) THAT THE OFFICE WHERE THE APPLICANT APPLIES FOR REGISTRATION
SHALL REMAIN CONFIDENTIAL AND THE VOTER REGISTRATION INFORMATION SHALL
BE USED ONLY FOR VOTER REGISTRATION PURPOSES;
(IV) THAT IF THE APPLICANT APPLIES TO REGISTER TO VOTE ELECTRONICALLY,
SUCH APPLICANT THEREBY CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE
INDIVIDUAL'S MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT
OF MOTOR VEHICLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIG-
NATED BY THIS SECTION OR SECTION 5-212 OF THIS TITLE, AS THE INDIVID-
UAL'S VOTER REGISTRATION EXEMPLAR SIGNATURE IF THE INDIVIDUAL VOTER'S
EXEMPLAR SIGNATURE IS NOT PROVIDED WITH THE VOTER REGISTRATION APPLICA-
S. 1510--A 45 A. 2010--A
TION, OR PROVIDES SUCH A SIGNATURE BY DIRECT UPLOAD IN A MANNER THAT
COMPLIES WITH THE NEW YORK STATE ELECTRONIC SIGNATURE AND RECORDS ACT
AND THE RULES AND REGULATIONS PROMULGATED BY THE STATE BOARD OF
ELECTIONS; AND
(V) IF THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S DECLINA-
TION SHALL REMAIN CONFIDENTIAL AND BE USED ONLY FOR VOTER REGISTRATION
PURPOSES;
(D) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX, AND YOU
PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE ATTESTED TO
YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
TER TO VOTE.";
(E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY;
[(a) the question, "If you are not registered to vote where you live
now, would you like to apply to register here today?"]
[(b) The statement,] (F) STATE "applying to register or declining to
register to vote will not affect the amount of assistance that you will
be provided by this agency.";
[(c) boxes for the applicant to check to indicate whether the appli-
cant would like to register or decline to register to vote.
(d) the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME."]
[(e) the statement,] (G) STATE "If you would like help in filling out
the voter registration application form, we will help you. The decision
whether to seek or accept help is yours. You may fill out the applica-
tion form in private.";
(H) STATE THAT IF AN APPLICANT IS A VICTIM OF DOMESTIC VIOLENCE OR
STALKING, HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS IN ORDER TO
RECEIVE INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY PROGRAM FOR
VICTIMS OF DOMESTIC VIOLENCE UNDER SECTION 5-508 OF THIS TITLE;
[(f) the statement,] (I) STATE "If you believe that someone has inter-
fered with your right to register or decline to register to vote, your
right to privacy in deciding whether to register or in applying to
register to vote, or your right to choose your own political party or
other political preference, you may file a complaint with the state
board of elections (address and toll free telephone number).";
[(g)] (J) CONTAIN a toll free number at the state board of elections
that can be called for answers to registration questions[.]; AND
(K) INCLUDE ANY OTHER INFORMATION THAT IS NECESSARY TO COMPLY WITH THE
REQUIREMENTS OF THE NATIONAL VOTER REGISTRATION ACT.
9. AN INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION SUBMITTED TO
AN AGENCY IN PAPER FORMAT SHALL BE TRANSMITTED TO THE STATE BOARD OF
ELECTIONS THROUGH AN ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM BY
CONVERTING THE PAPER FORM TO AN IMAGE FILE OR A PORTABLE DOCUMENT FORMAT
FILE WHICH SHALL THEREAFTER BE DEEMED THE ORIGINAL FORM FOR VOTER REGIS-
TRATION AND ENROLLMENT PURPOSES. THE AGENCY SHALL RETAIN THE COMPLETE
ORIGINAL PAPER APPLICATION FOR NO LESS THAN TWO YEARS. THE TRANSMITTAL
OF THE CONVERTED PAPER APPLICATION SHALL INCLUDE ALL OF THE VOTER REGIS-
TRATION DATA ELEMENTS, INCLUDING SIGNATURE, AND RECORD OF ATTESTATION OF
THE ACCURACY OF THE VOTER REGISTRATION INFORMATION, AND MAY INCLUDE OR
BE ACCOMPANIED BY DATA ELEMENTS AND TRANSMITTAL INFORMATION AS REQUIRED
BY THE RULES AND REGULATIONS OF THE STATE BOARD OF ELECTIONS. A DIGITAL
S. 1510--A 46 A. 2010--A
IMAGE OF A SIGNATURE SHALL SATISFY THE SIGNATURE REQUIREMENT FOR
PURPOSES OF THIS SUBDIVISION.
10. AN INTEGRATED PERSONAL VOTER REGISTRATION APPLICATION SUBMITTED TO
AN AGENCY IN AN ELECTRONIC FORMAT SHALL BE TRANSMITTED TO THE STATE
BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRATION TRANSMITTAL
SYSTEM AND SHALL INCLUDE ALL OF THE VOTER REGISTRATION DATA ELEMENTS,
INCLUDING SIGNATURE, AND RECORD OF ATTESTATION OF THE ACCURACY OF THE
VOTER REGISTRATION INFORMATION AND ANY RELEVANT DOCUMENT IMAGES. A
SIGNATURE MAY BE ELECTRONIC FOR PURPOSES OF THIS SUBDIVISION.
11. THE AGENCY SHALL REDACT OR REMOVE FROM THE COMPLETED INTEGRATED
APPLICATION TO BE TRANSMITTED TO THE STATE BOARD OF ELECTIONS ANY INFOR-
MATION SOLELY APPLICABLE TO THE AGENCY APPLICATION.
12. Disclosure of voter registration information, including a declina-
tion to register, by a participating agency, its agents or employees,
for other than voter registration purposes, shall be deemed an unwar-
ranted invasion of personal privacy pursuant to the provisions of subdi-
vision two of section eighty-nine of the public officers law and shall
constitute a violation of this chapter.
[10.] 13. The form containing the declination to register to vote
shall be retained by the recipient agency for the same period of time as
such agency retains the accompanying application for services or for
such shorter period of time as may be approved by the state board of
elections.
[11.] 14. The participating agency shall transmit the completed INTE-
GRATED PERSONAL VOTER REGISTRATION applications [for registration] and
change of address forms to the [appropriate] STATE board of elections
not later than ten days after receipt except that all such completed
applications and forms received by the agency between the thirtieth and
twenty-fifth day before an election shall be transmitted in such manner
and at such time as to assure their receipt by [such] THE APPROPRIATE
board of elections not later than the twentieth day before such
election.
[12.] 15. Completed [application forms] INTEGRATED PERSONAL VOTER
REGISTRATION APPLICATIONS, when received by a participating agency not
later than the twenty-fifth day before the next ensuing primary, general
or special election and transmitted by such agency to the [appropriate]
STATE board of elections so that they are received by [such] THE APPRO-
PRIATE board not later than the twentieth day before such election shall
entitle the applicant to vote in such election provided the board deter-
mines that the applicant is otherwise qualified.
[13. The state board of elections shall provide application forms for
use pursuant to this section except that any agency which uses a form
other than such registration form shall be responsible for providing
such form. Forms which vary in design and or content from the form
approved by the state board of elections may only be used with the
approval of such board.
14.] 16. Applications shall be processed by the board of elections in
the manner prescribed by section 5-210 of this title or, if the appli-
cant is already registered to vote from another address in the county or
city, in the manner prescribed by section 5-208 of this title. The board
shall send the appropriate notice of approval or rejection as required
by either subdivision nine of such section 5-210 or subdivision five of
such section 5-208.
[15.] 17. The head of each participating agency shall take all actions
which are necessary and proper for the implementation of this section.
Each agency head shall designate one person within the agency as the
S. 1510--A 47 A. 2010--A
agency voter registration coordinator who will, under the direction of
the state board of elections, be responsible for the voter registration
program in such agency.
[16.] 18. The state board shall develop and distribute public informa-
tion and promotional materials relating to the purposes and implementa-
tion of this program.
[17.] 19. Each agency designated as a participating agency under this
section shall conduct a study and prepare a report to determine the
feasibility, practicality and cost-effectiveness of designing their
agency intake forms to serve also as voter registration forms that
comply with state and federal law. Such study and report shall be
completed by December 1, 1996. Copies of such reports shall be provided
to the governor, the temporary president of the senate, the speaker of
the assembly and the state board of elections. After submission of the
report, participating agencies that determine that it is feasible, prac-
tical and cost-effective to have such forms also serve as voter regis-
tration forms shall do so upon the approval of the state board of
elections. For each agency that determines it is feasible, practical and
cost effective to use agency intake forms that serve also as voter
registration forms, the state board of elections shall approve or disap-
prove such use within six months of the submission of the report by the
agency.
20. THE VOTER SHALL BE ABLE TO SIGN THE VOTER REGISTRATION APPLICATION
AND THE AGENCY APPLICATION BY MEANS OF A SINGLE MANUAL OR ELECTRONIC
SIGNATURE UNLESS THE AGENCY REQUIRES MORE THAN ONE SIGNATURE FOR OTHER
AGENCY PURPOSES.
21. NO APPLICATION FOR VOTER REGISTRATION SHALL BE SUBMITTED IF THE
APPLICANT DECLINES REGISTRATION OR FAILS TO SIGN THE INTEGRATED APPLICA-
TION, WHETHER ON PAPER OR ONLINE.
22. (A) IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED BY
AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE, THE LOCAL BOARD SHALL SEEK TO OBTAIN SUCH EXEMPLAR SIGNATURE
FROM THE STATEWIDE VOTER REGISTRATION DATABASE, THE STATE BOARD OF
ELECTIONS, OR A STATE OR LOCAL AGENCY DESIGNATED BY THIS SECTION OR
SECTION 5-212 OF THIS TITLE.
(B) IF SUCH EXEMPLAR SIGNATURE IS NOT AVAILABLE FROM THE STATEWIDE
VOTER REGISTRATION DATABASE, THE STATE BOARD OF ELECTIONS, OR A STATE OR
LOCAL AGENCY DESIGNATED BY THIS SECTION OR SECTION 5-212 OF THIS TITLE,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
23. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE OR
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
S. 1510--A 48 A. 2010--A
OF THIS SECTION AND DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO
VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
(A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION;
(B) SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
ZATION; AND
(C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
24. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE OR
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, WHO THEN EITHER VOTES OR ATTEMPTS TO VOTE IN AN
ELECTION HELD AFTER THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
AND WHO DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT SUBSEQUENTLY VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO:
(A) SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S
FAILURE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE;
(B) SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORI-
ZATION; AND
(C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
25. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, NO AGENCY DESIG-
NATED UNDER THIS SECTION SHALL TRANSMIT TO THE BOARD OF ELECTIONS ANY
APPLICATION FOR REGISTRATION OR PRE-REGISTRATION FOR A PERSON THAT IS,
BY VIRTUE OF DATA MAINTAINED BY THE AGENCY, DEMONSTRABLY INELIGIBLE TO
REGISTER OR PRE-REGISTER TO VOTE BY REASON OF AGE OR NOT BEING A CITIZEN
OF THE UNITED STATES.
26. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THIS SECTION. ALL AGENCY FORMS AND NOTICES
REQUIRED BY THIS SECTION SHALL BE APPROVED BY THE STATE BOARD OF
ELECTIONS. ALL APPLICATIONS AND NOTICES FOR USE BY A BOARD OF ELECTIONS
PURSUANT TO THIS SECTION SHALL BE PROMULGATED BY THE STATE BOARD OF
ELECTIONS, AND NO ADDITION OR ALTERATION TO SUCH FORMS BY A BOARD OF
ELECTIONS SHALL BE MADE WITHOUT APPROVAL OF THE STATE BOARD OF
ELECTIONS.
§ 2. This act shall take effect on the earlier occurrence of: (i) two
years after it shall have become a law; or (ii) five days after the date
of certification by the state board of elections that the information
technology infrastructure to substantially implement this act is func-
tional. Provided, further that the state board of elections shall notify
the legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in this act in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such date.
PART H
Section 1. Section 3-110 of the election law, as renumbered by chapter
234 of the laws of 1976, is amended to read as follows:
S. 1510--A 49 A. 2010--A
§ 3-110. Time allowed employees to vote. 1. [If a] A registered voter
[does not have sufficient time outside of his working hours, within
which to vote at any election, he] may, without loss of pay for up to
[two] THREE hours, take off so much working time as will[, when added to
his voting time outside his working hours,] enable him OR HER to vote AT
ANY ELECTION.
2. [If an employee has four consecutive hours either between the open-
ing of the polls and the beginning of his working shift, or between the
end of his working shift and the closing of the polls, he shall be
deemed to have sufficient time outside his working hours within which to
vote. If he has less than four consecutive hours he may take off so much
working time as will when added to his voting time outside his working
hours enable him to vote, but not more than two hours of which shall be
without loss of pay, provided that he] THE EMPLOYEE shall be allowed
time off for voting only at the beginning or end of his OR HER working
shift, as the employer may designate, unless otherwise mutually agreed.
3. If the employee requires working time off to vote [he] THE EMPLOYEE
shall notify his OR HER employer not [more than ten nor] less than two
working days before the day of the election that he OR SHE requires time
off to vote in accordance with the provisions of this section.
4. Not less than ten working days before every election, every employ-
er shall post conspicuously in the place of work where it can be seen as
employees come or go to their place of work, a notice setting forth the
provisions of this section. Such notice shall be kept posted until the
close of the polls on election day.
§ 2. This act shall take effect immediately.
PART I
Section 1. Subdivision 2 of section 8-100 of the election law, as
amended by chapter 367 of the laws of 2017, is amended to read as
follows:
2. Polls shall be open for voting during the following hours: a prima-
ry election from [twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
city or county from] six o'clock in the morning until nine o'clock in
the evening; the general election from six o'clock in the morning until
nine o'clock in the evening; a special election called by the governor
pursuant to the public officers law, and, except as otherwise provided
by law, every other election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN TITLE
SIX OF THIS ARTICLE.
§ 2. This act shall take effect on the first of January after it shall
have become a law and shall apply to any election held 120 days after.
PART J
Section 1. The opening paragraph of paragraph (b) of subdivision 4 of
section 3-212 of the election law, as amended by chapter 79 of the laws
of 1992, is amended to read as follows:
Said annual report, as required by paragraph (a) of this subdivision,
shall include a detailed description of existing programs designed to
enhance voter registration, INCLUDING PRE-REGISTRATION. Such report
shall include a voter registration action plan which details the various
activities and programs of each board, including a description of those
S. 1510--A 50 A. 2010--A
steps which shall be taken in the future to increase registration oppor-
tunities, especially for those identifiable groups of persons histor-
ically underrepresented on the rolls of registered voters; and coordi-
nate voter education programs with school districts, colleges and
universities within the board's jurisdiction including voter registra-
tion of qualified applicants and instructional or extracurricular activ-
ities promoting participation in the electoral process.
§ 2. Paragraph (g) and subparagraphs (vi) and (xi) of paragraph (k) of
subdivision 5 of section 5-210 of the election law, as amended by chap-
ter 179 of the laws of 2005, are amended to read as follows:
(g) Notice that the applicant must be a citizen of the United States,
is [or will be] at least [eighteen] SIXTEEN years old [not later than
December thirty-first of the calendar year in which he or she
registers], and IS a resident of the county or city to which application
is made.
(vi) A space for the applicant to answer the question ["Will you be 18
years of age on or before election day?"] "ARE YOU AT LEAST 16 YEARS
OLD?" and the statement "If you checked "no" in response to this ques-
tion, do not complete this form [unless you will be 18 by the end of the
year]."
(xi) A place for the applicant to execute the form on a line which is
clearly labeled "signature of applicant" preceded by the following
specific form of affirmation:
AFFIDAVIT: I swear or affirm that:
* I am a citizen of the United States.
* I will have lived in the county, city, or village for at least 30
days before the election.
* I meet all the requirements to register OR PRE-REGISTER to vote
in New York State.
* This is my signature or mark on the line below.
* All the information contained on this application is true. I
understand that if it is not true I can be convicted and fined up
to $5,000 and/or jailed for up to four years.
which form of affirmation shall be followed by a space for the date and
the aforementioned line for the applicant's signature.
§ 3. Paragraph o of subdivision 4 of section 5-500 of the election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph p is added to read as follows:
o. A space for "remarks" regarding other facts required by this chap-
ter to be recorded or appropriate to identify the voter[.];
P. A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTION: "ARE YOU AT LEAST 16 YEARS OF AGE AND UNDERSTAND THAT YOU MUST
BE 18 YEARS OF AGE ON OR BEFORE ELECTION DAY TO VOTE, AND THAT UNTIL YOU
REACH THE AGE OF 18 YOUR REGISTRATION WILL BE MARKED AS 'PENDING' AND
YOU WILL BE UNABLE TO CAST A BALLOT IN ANY ELECTION?".
§ 4. Subdivision 1 of section 5-102 of the election law is amended to
read as follows:
1. No person shall be qualified to register for and vote at any
election unless he is a citizen of the United States [and is or will be,
on the day of such election], IS eighteen years of age or over, and IS a
resident of this state and of the county, city or village for a minimum
of thirty days next preceding such election.
§ 5. The election law is amended by adding a new section 5-507 to read
as follows:
§ 5-507. VOTER PRE-REGISTRATION. A PERSON WHO IS AT LEAST SIXTEEN
YEARS OF AGE AND WHO IS OTHERWISE QUALIFIED TO REGISTER TO VOTE MAY
S. 1510--A 51 A. 2010--A
PRE-REGISTER TO VOTE, AND SHALL BE AUTOMATICALLY REGISTERED UPON REACH-
ING THE AGE OF ELIGIBILITY, FOLLOWING VERIFICATION OF THE PERSON'S QUAL-
IFICATIONS AND ADDRESS.
§ 6. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
PART K
Section 1. The election law is amended by adding a new section 14-131
to read as follows:
§ 14-131. GOVERNMENT VENDOR CONTRIBUTIONS. 1. (A) IT SHALL BE UNLAWFUL
DURING THE RESTRICTED VENDOR CONTRIBUTION PERIOD FOR ANY PERSON, ORGAN-
IZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTA-
TION, OFFER OR RESPONSE TO A STATE GOVERNMENTAL ENTITY POSTING OR SOLIC-
ITATION FOR PROCUREMENT TO MAKE A CONTRIBUTION TO ANY OFFICEHOLDER OF
THE STATE GOVERNMENTAL ENTITY OR ENTITIES ISSUING SUCH POSTING OR SOLIC-
ITATION, EVALUATING SUCH RESPONSE OR APPROVING OR AWARDING THE FINAL
PROCUREMENT CONTRACT, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERN-
MENTAL ENTITY, INCLUDING TO SUCH OFFICEHOLDER'S OR CANDIDATE'S AUTHOR-
IZED POLITICAL COMMITTEES.
(B) FOR PURPOSES OF THIS SECTION THE ASSEMBLY AND SENATE SHALL BE
SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
(C) THE STATE GOVERNMENTAL ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
SUCH POSTING OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A NOTICE OF
THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE STATE GOVERNMENTAL
ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POSTING OR SOLICITA-
TION SHALL PROVIDE TO ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR
BUSINESS ENTITY THAT SUBMITS A PROPOSAL IN RESPONSE TO SUCH POSTING OR
SOLICITATION A NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND
THE RESTRICTED VENDOR CONTRIBUTION PERIOD COMMENCEMENT DATE.
2. AS USED IN THIS SECTION "BUSINESS ENTITY" MEANS A BUSINESS CORPO-
RATION, PROFESSIONAL SERVICES CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, LIMITED PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY
OTHER LEGAL COMMERCIAL ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR
ANY OTHER STATE OR FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLI-
TICAL ORGANIZATION, INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZA-
TION ORGANIZED UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS
DIRECTLY OR INDIRECTLY CONTROLLED BY THE BUSINESS ENTITY.
3. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS A BID, QUOTATION, OFFER OR
RESPONSE TO THE STATE GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT
THE EARLIEST POSTING, ON A STATE GOVERNMENTAL ENTITY'S WEBSITE, IN A
NEWSPAPER OF GENERAL CIRCULATION OR IN THE PROCUREMENT OPPORTUNITIES
NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
LAW OF WRITTEN NOTICE, ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR
PROPOSAL, INVITATION FOR BIDS, OR SOLICITATIONS OF PROPOSALS, OR ANY
OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE
FROM OFFERERS INTENDING TO RESULT IN A PROCUREMENT CONTRACT WITH A STATE
GOVERNMENTAL ENTITY. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DOES NOT
APPLY TO A PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY
S. 1510--A 52 A. 2010--A
THAT IS RESPONDING TO A STATE GOVERNMENTAL ENTITY'S REQUEST FOR INFORMA-
TION OR OTHER INFORMATIONAL EXCHANGES OCCURRING PRIOR TO SUCH GOVERN-
MENTAL ENTITY'S POSTING OR SOLICITATION FOR PROCUREMENT.
4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL END WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP OF
PERSONS, OR BUSINESS ENTITY AS FOLLOWS:
(A) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
IS THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END ONE YEAR AFTER THE FINAL CONTRACT AWARD
AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
STATE COMPTROLLER.
(B) IF THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
IS NOT THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT AWARD AND APPROVAL
BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE STATE COMP-
TROLLER.
§ 2. Section 14-126 of the election law is amended by adding a new
subdivision 8 to read as follows:
8. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
AS THAT TERM IS USED IN SECTION 14-131 OF THIS ARTICLE, WHO, UNDER
CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
UTION IN CONTRAVENTION OF SECTION 14-131 OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND
DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF THE CONTRIBUTION,
TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
(B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
SECTION 14-131 OF THIS ARTICLE SHALL BE REQUIRED TO REFUND SUCH CONTRIB-
UTION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART L
Section 1. Section 5-208 of the election law, as added by chapter 659
of the laws of 1994, subdivisions 1, 5 and 8 as amended by chapter 200
of the laws of 1996, is amended to read as follows:
§ 5-208. Transfer of registration and enrollment. 1. The board of
elections shall transfer the registration and enrollment of any voter
APPEARING ON A STATEWIDE VOTER LIST PURSUANT TO SUBDIVISION ONE OF
SECTION 5-614 OF THIS ARTICLE for whom it receives a notice of change of
address to another address in [the same county or city] NEW YORK STATE,
or for any voter who casts a ballot in an affidavit ballot envelope
which sets forth such a new address. Such notices shall include, but
not be limited to, notices received from any state agency which conducts
a voter registration program pursuant to the provisions of sections
5-211 and 5-212 of this title, that the voter has notified such agency
of a change of address in [the same city or county] NEW YORK STATE
unless the voter has indicated that such change of address is not for
voter registration purposes, notices of change of address from the
United States Postal Service through the National Change of Address
System, any notices of a forwarding address on mail sent to a voter by
the board of elections and returned by the postal service, national or
state voter registration forms, confirmation mailing response cards,
United States Postal Service notices to correspondents of change of
S. 1510--A 53 A. 2010--A
address, applications for registration from persons already registered
in [such county or city] NEW YORK STATE, or any other notices to corre-
spondents sent to the board of elections by such voters.
2. Upon receipt of such a notice, the board shall compare the signa-
ture (if any) and other information with the signature and other infor-
mation on the registration record on file. If such signature and other
information appears to be correct, the board shall change the address of
the voter in all the records of such board.
3. If such a notice is received at least twenty days before a primary,
special or general election, such change of address must be completed
before such election.
4. If such application for registration from a voter already regis-
tered in [such county or city] NEW YORK STATE also reflects a change of
enrollment, the board of elections shall treat such application as an
application for change of enrollment pursuant to section 5-304 of this
article.
5. As soon as practicable, after it transfers a voter's registration,
the board of elections shall send the voter, by forwardable first class
or return postage guaranteed mail, a notice advising him OR HER of the
transfer in a form which is similar to the notice sent to new regis-
trants pursuant to the provisions of section 5-210 of this title and
which has been approved by the state board of elections. If the notice
of change of address did not contain the voter's signature, such notice
shall include a postage paid return card, in a form prescribed by the
state board of elections, on which the voter may notify the board of
elections of any correction of address, together with a statement on
such notice and on the return card that the voter should return such
card only if the address to which the notice was sent is not the voter's
current address.
6. If a notice sent pursuant to subdivision five of this section is
returned by the postal service as undeliverable and without a forwarding
address, the board of elections shall return the registration of such
voter to the original address, send such voter a confirmation notice
pursuant to the provisions of subdivision one of section 5-712 of this
[title] ARTICLE and place such voter in inactive status.
7. The board of elections shall preserve such notices of change of
address for as long as registration records are otherwise required to be
preserved or, if the computer readable records maintained by the board
of elections include a complete copy of such notice, the board shall
preserve the original notice for a period of at least two years or such
longer period as the state board of elections may require.
8. If the board of elections receives notice of a change of address
within [such city or county] NEW YORK STATE from, or with respect to, a
person who it determines is not registered in [such county or city] NEW
YORK STATE, it shall forthwith send such person a notice to that effect
in a form approved by the state board of elections at the new address
set forth in such notice of change of address, together with a voter
registration form.
9. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS AS TO THE
PROCEDURES FOR TRANSFERRING A VOTER'S REGISTRATION AND ENROLLMENT FROM
ONE COUNTY TO ANOTHER.
§ 2. Subparagraph (ii) of paragraph (e) of subdivision 3 of section
8-302 of the election law, as amended by chapter 164 of the laws of
2010, is amended to read as follows:
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
S. 1510--A 54 A. 2010--A
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within [the county or
city] NEW YORK STATE since he or she last registered, the address from
which he or she was previously registered and the address at which he or
she currently resides, and at a primary election, the party in which he
or she is enrolled. The inspectors of election shall offer such an affi-
davit to each such voter whose residence address is in such election
district. Each such affidavit shall be in a form prescribed by the
state board of elections, shall be printed on an envelope of the size
and quality used for an absentee ballot envelope, and shall contain an
acknowledgment that the affiant understands that any false statement
made therein is perjury punishable according to law. Such form
prescribed by the state board of elections shall request information
required to register such voter should the county board determine that
such voter is not registered and shall constitute an application to
register to vote. The voter's name and the entries required shall then
be entered without delay and without further inquiry in the fourth
section of the challenge report or in the place provided at the end of
the computer generated registration list, with the notation that the
voter has executed the affidavit hereinabove prescribed, or, if such
person's name appears on the computer generated registration list, the
board of elections may provide a place to make such entry next to his or
her name on such list. The voter shall then, without further inquiry,
be permitted to vote an affidavit ballot provided for by this chapter.
Such ballot shall thereupon be placed in the envelope containing his or
her affidavit, and the envelope sealed and returned to the board of
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
PART M
Section 1. Subdivision 6 of section 14-114 of the election law is
amended by adding a new paragraph c to read as follows:
C. LOBBYISTS, AS DEFINED BY SUBDIVISION (A) OF SECTION ONE-C OF THE
LEGISLATIVE LAW OR BY SUBDIVISION (A) OF SECTION 3-211 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, POLITICAL ACTION COMMITTEES, LABOR
UNIONS, AND ANY PERSON WHO HAS REGISTERED WITH THE STATE BOARD OF
ELECTIONS AS AN INDEPENDENT EXPENDITURE COMMITTEE PURSUANT TO SUBDIVI-
SION THREE OF SECTION 14-107 OF THIS ARTICLE ARE PROHIBITED FROM MAKING
LOANS TO CANDIDATES OR POLITICAL COMMITTEES; PROVIDED, HOWEVER, THAT A
LOBBYIST SHALL NOT BE PROHIBITED FROM MAKING A LOAN TO HIMSELF OR
HERSELF OR TO HIS OR HER OWN POLITICAL COMMITTEE WHEN SUCH LOBBYIST IS A
CANDIDATE FOR OFFICE.
§ 2. This act shall take effect immediately.
PART N
Section 1. Section 1-104 of the election law is amended by adding a
new subdivision 38 to read as follows:
38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A PRINTED OR ELEC-
TRONIC LIST OF VOTERS IN ALPHABETICAL ORDER FOR A SINGLE ELECTION
S. 1510--A 55 A. 2010--A
DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION FILE FOR
EACH ELECTION AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION POLL
RECORDS, TO ESTABLISH A PERSON'S ELIGIBILITY TO VOTE IN THE POLLING
PLACE ON ELECTION DAY.
(A) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE MINIMUM SECURITY
STANDARDS FOR ANY ELECTRONIC DEVICE, AND ANY NETWORK OR SYSTEM TO WHICH
THE ELECTRONIC DEVICE IS CONNECTED, THAT IS USED TO STORE OR OTHERWISE
ACCESS A COMPUTER GENERATED REGISTRATION LIST, AND SHALL ALSO PROMULGATE
A LIST OF DEVICES THAT ARE APPROVED FOR USE. NO LOCAL BOARD OF ELECTIONS
SHALL BE PERMITTED TO USE SUCH A DEVICE UNLESS THE STATE BOARD OF
ELECTIONS HAS PREVIOUSLY APPROVED THE DEVICE FOR USE AND HAS CERTIFIED
THAT THE NETWORK OR SYSTEM TO WHICH THE ELECTRONIC DEVICE IS CONNECTED
IS COMPLIANT WITH THE MINIMUM SECURITY STANDARDS.
(B) THE MINIMUM SECURITY STANDARDS FOR SUCH DEVICES SHALL BE COMMENSU-
RATE WITH THE LEVEL OF SECURITY RISK APPLICABLE TO SUCH DEVICES AND
SHALL SPECIFICALLY TAKE INTO ACCOUNT ANY SECURITY RISK ASSOCIATED WITH
VOTING EQUIPMENT-RELATED SUPPLY CHAINS IN ADDITION TO ANY OTHER APPLICA-
BLE SECURITY RISK.
§ 2. Subdivision 1 of section 4-128 of the election law, as amended by
chapter 125 of the laws of 2011, is amended to read as follows:
1. The board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, a sufficient number
of maps, street finders or other descriptions of all of the polling
places and election districts within the political subdivision in which
the polling place is located to enable the election inspectors and poll
clerks to determine the correct election district and polling place for
each street address within the political subdivision in which the poll-
ing place is located, distance markers, tally sheets and return blanks,
pens, [black ink, or ball point pens with black ink,] pencils [having
black lead], OR OTHER APPROPRIATE MARKING DEVICES, envelopes for the
ballots of voters whose registration poll records are not in the ledger
or whose names are not [on] IN the computer generated registration list,
envelopes for returns, identification buttons, badges or emblems for the
inspectors and clerks in the form prescribed by the state board of
elections and such other articles of stationery as may be necessary for
the proper conduct of elections, except that when a town, city or
village holds an election not conducted by the board of elections, the
clerk of such town, city or village, shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery for
such election.
§ 3. Subdivision c of section 4-132 of the election law, as amended by
chapter 164 of the laws of 1985, is amended to read as follows:
c. A booth or device in each election district for the use of voters
marking ballots. Such booth or device shall be so constructed as to
permit the voter to mark his OR HER ballot in secrecy and shall be
furnished at all times with [a pencil having black lead only] AN APPRO-
PRIATE MARKING DEVICE.
§ 4. Section 4-134 of the election law, the section heading as amended
by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by
chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
of the laws of 1990, is amended to read as follows:
S. 1510--A 56 A. 2010--A
§ 4-134. Preparation and delivery of ballots, supplies and equipment
for use at elections. 1. The board of elections shall deliver, at its
office, to the clerk of each town or city in the county, except the
cities of New York, Buffalo and Rochester and to the clerk of each
village in the county in which elections are conducted by the board of
elections, by the Saturday before the primary, general, village or other
election for which they are required: the official and sample ballots;
ledgers prepared for delivery in the manner provided in subdivision two
of this section and containing the registration poll records of all
persons entitled to vote at such election in such town, city or village,
or computer generated registration lists containing the names of all
persons entitled to vote at such election in such town, city or village;
challenge reports prepared as directed by this chapter; sufficient
applications for registration by mail; sufficient ledger seals and other
supplies and equipment required by this article to be provided by the
board of elections for each polling place in such town, city or village.
The town, city or village clerk shall call at the office of such board
of elections at such time and receive such ballots, supplies and equip-
ment. In the cities of New York, Buffalo and Rochester the board of
elections shall cause such ballots, supplies and equipment to be deliv-
ered to the board of inspectors of each election district approximately
one-half hour before the opening of the polls for voting, and shall take
receipts therefor.
2. The board of elections shall provide for each election district a
ledger or ledgers containing the registration poll records or [printed]
lists with computer generated facsimile signatures, of all persons enti-
tled to vote in such election district at such election. Such ledgers
shall be labelled, sealed, locked and transported in locked carrying
cases. After leaving the board of elections no such carrying case shall
be unlocked except at the time and in the manner provided in this chap-
ter.
3. [Any envelope containing absentee voters' ballots on which the
blanks have not been properly filled in shall be stamped to indicate the
defect and shall be preserved by the board for at least one year after
the receipt thereof.
4.] Each kind of official ballot shall be arranged in a package in the
consecutive order of the numbers printed on the stubs thereof beginning
with number one. All official and sample ballots for each election
district shall be in separate sealed packages, clearly marked on the
outside thereof, with the number and kind of ballots contained therein
and indorsed with the designation of the election district for which
they were prepared. The other supplies provided for each election
district also shall be [inclosed] ENCLOSED in a sealed package, or pack-
ages, with a label on the outside thereof showing the contents of each
package.
[5. Each town, city and village clerk receiving such packages shall
cause all] 4. ALL such packages so received and marked for any election
district [to] SHALL be delivered unopened and with the seals thereof
unbroken to the inspectors of election of such election districts at
least [one-half] ONE hour before the opening of the polls of such
election therein, [and] WHO shall [take] GIVE a receipt therefor speci-
fying the number and kind of packages delivered. [At the same time each
such clerk shall cause to be delivered to such inspectors the equipment
described in subdivision two of this section and shall cause a receipt
to be taken therefor.
S. 1510--A 57 A. 2010--A
6.] 5. Town, city and village clerks required to provide official and
sample ballots, registration records, seals, supplies and equipment, as
described in this section, for town, city and village elections not
conducted by the board of elections, shall in like manner, deliver them
to the inspectors or presiding officers of the election at each polling
place at which such meetings and elections are held, respectively, in
like sealed packages marked on the outside in like manner, and shall
take receipts therefor in like manner.
§ 5. Subdivision 1 of section 5-302 of the election law, as separately
amended by chapters 164 and 558 of the laws of 1985, is amended to read
as follows:
1. Before placing the registration poll record in the poll ledger OR
IN THE COMPUTER GENERATED REGISTRATION LIST, the board shall enter in
the space provided therefor [on the back of such registration poll
record] the name of the party designated by the voter on his application
form, provided such party continues to be a party as defined in this
law. If such party ceases to be a party at any time, either before or
after such enrollment is so entered, the enrollment of such voter shall
be deemed to be blank and shall be entered as such until such voter
files an application for change of enrollment pursuant to the provisions
of this chapter. [In the city of New York the board shall also affix a
gummed sticker of a different color for each party in a place on such
registration poll record immediately adjacent to such entry.] The board
shall enter the date of such entry and affix initials thereto in the
space provided.
§ 6. Paragraph c of subdivision 3 of section 5-506 of the election
law, as amended by chapter 659 of the laws of 1994, is amended to read
as follows:
c. The computer generated registration list prepared for each election
in each election district shall be [printed by a printer] PREPARED IN A
MANNER which meets or exceeds standards for clarity and speed of
[reproduction] PRODUCTION established by the state board of elections,
shall be in a form approved by such board, shall include the names of
all voters eligible to vote in such election and shall be in alphabet-
ical order, except that, at a primary election, the names of the voters
enrolled in each political party may be placed in a separate part of the
list or in a separate list, as the board of elections in its discretion,
may determine. Such list shall contain, adjacent to each voter's name,
OR IN A SPACE SO DESIGNATED, at least the following: street address,
date of birth, party enrollment, year of registration, a computer
reproduced facsimile of the voter's signature or an indication that the
voter is unable to sign his name, a place for the voter to sign his name
at such election and a place for the inspectors to mark the voting
machine number, the public counter number [and] IF ANY, OR the number of
any paper ballots given the voter.
§ 7. Subdivision 2 of section 8-202 of the election law, as amended by
chapter 164 of the laws of 2010, is amended to read as follows:
2. The exterior of any ballot scanner, ballot marking device and
privacy booth and every part of the polling place shall be in plain view
of the election inspectors and watchers. The ballot scanners, ballot
marking devices, and privacy booths shall be placed at least four feet
from the table used by the inspectors in charge of the poll [books]
LEDGER OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be
at least three feet from the machine and the table used by the inspec-
tors. The election inspectors shall not themselves be, or allow any
other person to be, in any position or near any position, that will
S. 1510--A 58 A. 2010--A
permit one to see or ascertain how a voter votes, or how he or she has
voted nor shall they permit any other person to be less than three feet
from the ballot scanner, ballot marking device, or privacy booth while
occupied. The election inspectors or clerks attending the ballot scan-
ner, ballot marking device, or privacy booth shall regularly inspect the
face of the ballot scanner, ballot marking device, or the interior of
the privacy booth to see that the ballot scanner, ballot marking device,
or privacy booth has not been damaged or tampered with. During elections
the door or other covering of the counter compartment of the machine
shall not be unlocked or opened except by a member of the board of
elections, a voting machine custodian or any other person upon the
specific instructions of the board of elections.
§ 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election
law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
ing paragraph of paragraph (e) of subdivision 3 as amended by chapter
125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
vision 3 as amended by chapter 164 of the laws of 2010, are amended to
read as follows:
2. The voter shall give [his] THE VOTER'S name and [his] THE VOTER'S
residence address to the inspectors. An inspector shall then loudly and
distinctly announce the name and residence of the voter.
2-a. (a) If a voter's name appears in the LEDGER OR computer generated
registration list with a notation indicating that the voter's identity
was not yet verified as required by the federal Help America Vote Act,
the inspector shall require that the voter produce one of the following
types of identification before permitting the voter to cast his or her
vote on the voting machine:
(i) a driver's license or department of motor vehicles non-driver
photo ID card or other current and valid photo identification;
(ii) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
(b) If the voter produces an identification document listed in para-
graph (a) of this subdivision, the inspector shall indicate so in the
LEDGER OR computer generated registration list, the voter will be deemed
verified as required by the federal Help America Vote Act and the voter
shall be permitted to cast his or her vote on the voting machine.
(c) If the voter does not produce an identification document listed in
paragraph (a) of this subdivision, the voter shall only be entitled to
vote by affidavit ballot unless a court order provides otherwise.
3. (a) If an applicant is challenged, the board, without delay, shall
either enter his name in the second section of the challenge report
together with the other entries required to be made in such section
opposite the applicant's name or make an entry next to [his] THE VOTER'S
name [on] IN the computer generated registration list or in the place
provided [at the end of] IN the computer generated registration list.
(b) A person who claims to have moved to a new address within the
election district in which he OR SHE is registered to vote shall be
permitted to vote in the same manner as other voters unless challenged
on other grounds. The inspectors shall enter the names and new addresses
of all such persons in either the first section of the challenge report
or in the place provided [at the end of] IN the computer generated
registration list and shall also enter the new address next to such
person's address on such computer generated registration list. When the
registration poll records of persons who have voted from new addresses
S. 1510--A 59 A. 2010--A
within the same election district are returned to the board of
elections, such board shall change the addresses on the face of such
registration poll records without completely obliterating the old
addresses and shall enter such new addresses and the new addresses for
any such persons whose names were [on] IN computer generated registra-
tion lists into its computer records for such persons.
(c) A person who claims a changed name shall be permitted to vote in
the same manner as other voters unless challenged on other grounds. The
inspectors shall either enter the names of all such persons in the first
section of the challenge report or in the place provided [at the end of]
IN the computer generated registration list, in the form in which they
are registered, followed in parentheses by the name as changed or enter
the name as changed next to such voter's name on the computer generated
registration list. The voter shall sign first on the registration poll
record or [on] IN the computer generated registration list, the name
under which the voter is registered and, immediately above it, the new
name, provided that [on] IN such [a computer generated] registration
list, the new name may be signed in the place provided [at the end of
such list]. When the registration poll record of a person who has voted
under a new name is returned to the board of elections, such board shall
change [his] THE VOTER'S name on the face of each [of his] registration
[records] RECORD without completely obliterating the old one, and there-
after such person shall vote only under his OR HER new name. If a voter
has signed a new name [on] IN a computer generated registration list,
such board shall enter such voter's new name and new signature in such
voter's computer record.
(d) If an applicant requests assistance in voting and qualifies there-
for, the board shall provide assistance as directed by this chapter, and
shall without delay either enter such applicant's name and the other
entries required in the third section of the challenge report or make an
entry next to such applicant's name [on] IN the computer generated
registration list or in the place provided [at the end of the computer
generated] IN SUCH registration list.
(e) Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear [on] IN
the computer generated registration list or his or her signature does
not appear next to his or her name [on] IN such [computer generated]
registration list or his or her registration poll record or the computer
generated registration list does not show him or her to be enrolled in
the party in which he or she claims to be enrolled, a poll clerk or
election inspector shall consult a map, street finder or other
description of all of the polling places and election districts within
the political subdivision in which said election district is located and
if necessary, contact the board of elections to obtain the relevant
information and advise the voter of the correct polling place and
election district for the residence address provided by the voter to
such poll clerk or election inspector. Thereafter, such voter shall be
permitted to vote in said election district only as hereinafter
provided:
(i) He OR SHE may present a court order requiring that he OR SHE be
permitted to vote. At a primary election, such a court order must speci-
fy the party in which the voter is permitted to vote. [He] THE VOTER
shall be required to sign [his] THEIR full name on top of the first page
of such order, together with [his] THE VOTER'S registration serial
S. 1510--A 60 A. 2010--A
number, if any, and [his] THE VOTER'S name and the other entries
required shall then be entered without delay in the fourth section of
the challenge report or in the place provided [at the end of] IN the
computer generated registration list, or, if such person's name appears
on [the computer generated] SUCH registration list, the board of
elections may provide a place to make such entry next to his OR HER name
on such list. The voter shall then be permitted to vote in the manner
otherwise prescribed for voters whose registration poll records are
found in the ledger or whose names are found on the computer generated
registration list; or
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or that he or she has moved within the county or city
since he or she last registered, the address from which he or she was
previously registered and the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not regis-
tered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided [at the end of] IN the computer gener-
ated registration list, with the notation that the voter has executed
the affidavit hereinabove prescribed, or, if such person's name appears
[on the computer generated] IN SUCH registration list, the board of
elections may provide a place to make such entry next to his or her name
[on] IN such list. The voter shall then, without further inquiry, be
permitted to vote an affidavit ballot provided for by this chapter. Such
ballot shall thereupon be placed in the envelope containing his or her
affidavit, and the envelope sealed and returned to the board of
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
4. At a primary election, a voter whose registration poll record is in
the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to
vote only in the primary of the party in which such record shows [him]
THE VOTER to be enrolled unless [he] THE VOTER shall present a court
order pursuant to the provisions of subparagraph (i) of paragraph (e) of
subdivision three of this section requiring that [he] THE VOTER be
permitted to vote in the primary of another party, or unless [he] THE
VOTER shall present a certificate of enrollment issued by the board of
elections, not earlier than one month before such primary election,
pursuant to the provisions of this chapter which certifies that [he] THE
VOTER is enrolled in a party other than the one in which such record
shows [him] THE VOTER to be enrolled, or unless he OR SHE shall
S. 1510--A 61 A. 2010--A
subscribe an affidavit pursuant to the provisions of subparagraph (ii)
of paragraph (e) of subdivision three of this section.
5. Except for voters unable to sign their names, no person shall be
permitted to vote without first identifying himself OR HERSELF as
required by this chapter.
§ 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law,
subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are
amended to read as follows:
1. A person before being allowed to vote shall be required, except as
provided in this chapter, to sign his OR HER name on the back of his OR
HER registration poll record on the first line reserved for his OR HER
signature at the time of election which is not filled with a previous
signature, or [on the line of] IN THE SPACE PROVIDED IN the computer
generated registration list reserved for [his] THE VOTER'S signature.
The two inspectors in charge shall satisfy themselves by a comparison of
this signature with [his] THE VOTER'S registration signature and by
comparison of [his] THE VOTER'S appearance with the descriptive material
on the face of the registration poll record that [he] THE VOTER is the
person registered. If they are so satisfied they shall enter the other
information required for the election on the same line with the voter's
latest signature, shall sign their names or initials in the spaces
provided therefor, and shall permit the applicant to vote. Any inspector
or inspectors not satisfied shall challenge the applicant forthwith.
2. If a person who alleges [his] AN inability to sign his OR HER name
presents himself OR HERSELF to vote, the board of inspectors shall
permit [him] SUCH PERSON to vote, unless challenged on other grounds,
provided [he] THE VOTER had been permitted to register without signing
[his] THE VOTER'S name. The board shall enter the words "Unable to Sign"
in the space on [his] THE VOTER'S registration poll record reserved for
[his] THE VOTER'S signature or on the line [of] OR SPACE the computer
generated registration list reserved for [his] THE VOTER'S signature at
such election. If [his] THE VOTER'S signature appears upon [his] THE
VOTER'S registration record or [upon] IN the computer generated regis-
tration list the board shall challenge [him] THE VOTER forthwith, except
that if such a person claims that he OR SHE is unable to sign his OR HER
name by reason of a physical disability incurred since [his] THE VOTER'S
registration, the board, if convinced of the existence of such disabili-
ty, shall permit him OR HER to vote, shall enter the words "Unable to
Sign" and a brief description of such disability in the space reserved
for [his] THE VOTER'S signature at such election. At each subsequent
election, if such disability still exists, [he] THE VOTER shall be enti-
tled to vote without signing [his] THEIR name and the board of inspec-
tors, without further notation, shall enter the words "Unable to Sign"
in the space reserved for [his] THE VOTER'S signature at such election.
3. The voter's FACSIMILE signature [made by him upon registration and
his signature made at subsequent elections] shall be effectively
concealed from the voter by a blotter or [piece of opaque paper] OTHER
MEANS until after the voter shall have completed [his] THE signature.
§ 10. Subdivision 3 of section 8-306 of the election law, as amended
by chapter 154 of the laws of 1991, is amended to read as follows:
3. Any voter who requires assistance to vote by reason of blindness,
disability or inability to read or write may be given assistance by a
person of the voter's choice, other than the voter's employer or agent
of the employer or officer or agent of the voter's union. A voter enti-
tled to assistance in voting who does not select a particular person may
be assisted by two election inspectors not of the same political faith.
S. 1510--A 62 A. 2010--A
The inspectors or person assisting a voter shall enter the voting
machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep-
aration of [his] THE VOTER'S ballot and, if necessary, in the return of
the voted ballot to the inspectors for deposit in the ballot box. The
inspectors shall enter in the [remarks space on the registration poll
card of an assisted voter, or next to the name of] SPACE PROVIDED FOR
such voter [on] IN the computer generated registration list, the name of
each officer or person rendering such assistance.
§ 11. Subdivision 2 of section 8-508 of the election law, as amended
by chapter 200 of the laws of 1996, is amended to read as follows:
2. (a) The first section of such report shall be reserved for the
inspectors of election to enter the name, address and registration seri-
al number of each person who claims a change in name, or a change of
address within the election district, together with the new name or
address of each such person. In lieu of preparing section one of the
challenge list, the board of elections may provide, next to the name of
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section one, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged on the day of election, together with
the reason for the challenge. If no voters are challenged, the board of
inspectors shall enter the words "No Challenges" across the space
reserved for such names. In lieu of preparing section two of the chal-
lenge report, the board of elections may provide, next to the name of
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section two, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(c) The third section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each voter given assistance, together with the reason the voter was
allowed assistance, the name of the person giving such assistance and
his address if not an inspector. If no voters are given assistance, the
board of inspectors shall enter the words "No Assistance" across the
space reserved for such names. In lieu of providing section three of the
challenge report, the board of elections may provide, next to the name
of each voter [on] IN the computer generated registration list, a place
for the inspectors of election to record the information required to be
entered in such section three, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(d) The fourth section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who was permitted to vote pursuant to a court order, or
to vote on a paper ballot which was inserted in an affidavit envelope.
If there are no such names, such board shall enter the word "None"
across the space provided for such names. In lieu of providing section
four of such report, the board of elections may provide, next to the
name of each voter [on] IN the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section four, or provide [at the end of the
S. 1510--A 63 A. 2010--A
computer generated] ELSEWHERE IN SUCH registration list, a place for the
inspectors of election to enter such information.
(e) At the foot of such report [and] OR at the end of any such comput-
er generated registration list, IF APPLICABLE, shall be [printed] a
certificate that such report OR LIST contains the names of all persons
who were challenged on the day of election, and that each voter so
reported as having been challenged took the oaths as required, that such
report OR LIST contains the names of all voters to whom such board gave
or allowed assistance and lists the nature of the disability which
required such assistance to be given and the names and family relation-
ship, if any, to the voter of the persons by whom such assistance was
rendered; that each such assisted voter informed such board under oath
that he required such assistance and that each person rendering such
assistance took the required oath; that such report OR LIST contains the
names of all voters who were permitted to vote although their registra-
tion poll records were missing; that the entries made by such board are
a true and accurate record of its proceedings with respect to the
persons named in such report OR LIST.
(f) Upon the return of such report [and] OR lists to the board of
elections, it shall complete the investigation of voting qualifications
of all persons named in the second section thereof or for whom entries
were placed [on] IN such computer generated registration lists in lieu
of the preparation of the second section of the challenge report, and
shall forthwith proceed to cancel the registration of any person who, as
noted upon such report, OR IN SUCH LIST, was challenged at such election
and refused either to take a challenge oath or to answer any challenge
question.
(g) The state board of elections shall prescribe a form of challenge
report for use pursuant to the provisions of this section. Such form may
require the insertion of such other information as the state board shall
deem appropriate.
§ 12. Section 8-510 of the election law, the section heading as
amended by chapter 373 of the laws of 1978, subdivision 1 as amended by
chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
43 of the laws of 1988, is amended to read as follows:
§ 8-510. Challenge report; completion of and [closing of registration
poll ledgers] PROCEDURE AFTER. 1. Immediately after the close of the
polls the board of inspectors of election shall verify the entries which
it has made on the challenge report or [at the end of the] IN THE SPACES
PROVIDED IN THE computer generated registration list by comparing such
entries with the information appearing on the registration poll records
of the affected voters or the information appearing [next to the names
of such voters on] IN THE SPACES PROVIDED IN the computer generated
registration list. If it has made no entries in section two, three or
four of such report it shall write across OR NOTE IN such section the
words "No challenges", "No assistance" or "None", as the case may be, as
directed in this chapter.
2. After completing such report the inspectors shall sign [the] A
certificate [at the end of] IN THE SPACES PROVIDED BY THE COUNTY BOARD
OF ELECTIONS FOR such report.
3. The inspectors shall place such completed report, and each court
order, if any, directing that a person be permitted to vote, [inside a]
IN THE SECURE CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR
SUCH ledger of registration records or computer generated registration
lists [between the front cover, and the first registration record] and
then shall close and seal each ledger of registration records or comput-
S. 1510--A 64 A. 2010--A
er generated registration lists, [affix their signature to the seal,]
lock such ledger in the carrying case furnished for that purpose and
enclose the keys in a sealed package or seal such list in the envelope
provided for that purpose.
§ 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of
subdivision 2 of section 9-209 of the election law, as amended by chap-
ter 308 of the laws of 2011, are amended to read as follows:
(C) If such person is found to be registered and has not voted in
person, an inspector shall compare the signature, if any, on each envel-
ope with the signature, if any, on the registration poll record, the
computer generated list of registered voters or the list of special
presidential voters, of the person of the same name who registered from
the same address. If the signatures are found to correspond, such
inspector shall certify thereto by [signing] PLACING his or her initials
in the ["Inspector's Initials" line on the] SPACE PROVIDED IN THE
computer generated list of registered voters [or in the "remarks" column
as appropriate].
(D) If such person is found to be registered and has not voted in
person, and if no challenge is made, or if a challenge made is not
sustained, the envelope shall be opened, the ballot or ballots withdrawn
without unfolding, and the ballot or ballots deposited in the proper
ballot box or boxes, or envelopes, provided however that, in the case of
a primary election, the ballot shall be deposited in the box only if the
ballot is of the party with which the voter is enrolled according to the
entry on the back of his or her registration poll record or [next to his
or her name on] IN the computer generated registration list; if not, the
ballot shall be rejected without inspection or unfolding and shall be
returned to the envelope which shall be endorsed "not enrolled." At the
time of the deposit of such ballot or ballots in the box or envelopes,
the inspectors shall enter the words "absentee vote" or "military vote"
in the space reserved for the voter's signature on the aforesaid list or
in the "remarks" [column] SPACE as appropriate, and shall enter the year
and month of the election on the same line in the spaces provided there-
for.
§ 14. Subdivision 4 of section 11-206 of the election law, as amended
by chapter 91 of the laws of 1992, is amended to read as follows:
4. The registration poll records of special federal voters shall be
filed, in alphabetical order, by election district. At each election at
which [the ballots of] special federal voters are [delivered to the
inspectors of election in each election district] ELIGIBLE TO VOTE, the
registration poll records of all special federal voters [eligible to
vote at such election] shall be delivered to such inspectors of election
together with the other registration poll records or the names of such
voters shall be included [on] IN the computer generated registration
list. Such records shall be delivered either in a separate poll ledger
or a separate, clearly marked section, of the main poll ledger or [in a
separate,] BE clearly marked[, section of] IN the computer generated
registration list as the board of elections shall determine.
§ 15. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
PART O
Section 1. Section 1-c of the legislative law is amended by adding a
new paragraph (x) to read as follows:
S. 1510--A 65 A. 2010--A
(X) THE TERM "FUNDRAISING ACTIVITIES" SHALL MEAN SOLICITATION OR
COLLECTION BY A LOBBYIST OF CONTRIBUTIONS FOR A CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEUTENANT GOVER-
NOR, COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE LEGISLATURE, ELECTED
OFFICE IN A MUNICIPALITY, OR FOR A POLITICAL COMMITTEE FOR USE IN AN
ELECTION CAMPAIGN OF ANY SUCH CANDIDATE.
§ 2. Sections 1-u and 1-v of the legislative law, section 1-v as
renumbered by chapter 1 of the laws of 2005, are renumbered sections 1-y
and 1-z and a new section 1-u is added to read as follows:
§ 1-U. FUNDRAISING REPORTS. (A) (I) FOR PURPOSES OF THIS SECTION, THE
TERMS "CONTRIBUTION", "POLITICAL COMMITTEE", AND "CANDIDATE" SHALL HAVE
THE MEANINGS SET FORTH IN SECTION 14-100 OF THE ELECTION LAW.
(II) FOR PURPOSES OF THIS SECTION, THE TERM "LOBBYIST" SHALL MEAN A
LOBBYIST AS DEFINED IN SECTION ONE-C OF THIS ARTICLE.
(B) ANY LOBBYIST REQUIRED TO FILE A STATEMENT OF REGISTRATION PURSUANT
TO SECTION ONE-E OF THIS ARTICLE WHO IN ANY CALENDAR YEAR TO WHICH THE
STATEMENT OF REGISTRATION RELATES, OR IN THE SIX MONTHS PRECEDING SUCH
CALENDAR YEAR, ENGAGES IN FUNDRAISING ACTIVITIES, SHALL FILE, WITH THE
JOINT COMMISSION ON PUBLIC ETHICS, ON FORMS PRESCRIBED BY THE JOINT
COMMISSION ON PUBLIC ETHICS, A FUNDRAISING REPORT. SUCH REPORT SHALL BE
FILED IN ACCORDANCE WITH THE SCHEDULE APPLICABLE TO THE FILING OF
BI-MONTHLY REPORTS UNDER SECTION ONE-H OF THIS ARTICLE, PROVIDED THAT
THE FIRST FUNDRAISING REPORT FILED IN ANY CALENDAR YEAR SHALL INCLUDE
INFORMATION ON FUNDRAISING ACTIVITIES THAT OCCURRED IN ANY PERIOD BEGIN-
NING SIX MONTHS PRECEDING THE CALENDAR YEAR TO WHICH THE STATEMENT OF
REGISTRATION RELATES THROUGH THE END OF THE REPORTING PERIOD FOR WHICH
THE REPORT IS FILED, TO THE EXTENT SUCH INFORMATION HAS NOT BEEN
REPORTED IN A PREVIOUSLY FILED FUNDRAISING REPORT. EACH SUBSEQUENT
FUNDRAISING REPORT FILED IN OR WITH RESPECT TO THE CALENDAR YEAR TO
WHICH THE STATEMENT OF REGISTRATION RELATES SHALL INCLUDE INFORMATION ON
ALL FUNDRAISING ACTIVITIES THAT OCCURRED IN THE REPORTING PERIOD FOR
WHICH THE CURRENT REPORT IS FILED.
(C) SUCH FUNDRAISING REPORT SHALL CONTAIN: (I) THE NAME, ADDRESS AND
TELEPHONE NUMBER OF THE LOBBYIST AND THE INDIVIDUALS UTILIZED BY THE
LOBBYIST ENGAGED IN SUCH FUNDRAISING; (II) THE NAME, ADDRESS AND TELE-
PHONE NUMBER OF THE CANDIDATE, PUBLIC SERVANT, OR ELECTED OFFICIAL TO
WHOM OR ON WHOSE BEHALF THE LOBBYIST PROVIDED FUNDRAISING SERVICES;
(III) (1) THE COMPENSATION, IF ANY, PAID OR OWED TO THE LOBBYIST AND ANY
EXPENSES INCURRED BY THE LOBBYIST FOR SUCH FUNDRAISING ACTIVITIES; (2) A
LIST OF ALL PERSONS OR ENTITIES WITH WHOM THE LOBBYIST CONTRACTED FOR
THE PURPOSE OF PROVIDING FUNDRAISING SERVICES; (IV) THE TOTAL DOLLAR
AMOUNT RAISED FOR EACH CANDIDATE OR COMMITTEE FOR WHICH SUCH ACTIVITIES
WERE PERFORMED, INCLUDING CONTRIBUTIONS MADE BY THE LOBBYIST.
(D) ALL SUCH FUNDRAISING REPORTS SHALL BE SUBJECT TO REVIEW BY THE
JOINT COMMISSION ON PUBLIC ETHICS.
(E) WHENEVER THERE IS A CHANGE IN THE INFORMATION FILED BY A LOBBYIST
IN A REPORT FILED PURSUANT TO THIS SECTION, AN AMENDED REPORT SHALL BE
SUBMITTED TO THE JOINT COMMISSION ON PUBLIC ETHICS ON FORMS PRESCRIBED
BY THE JOINT COMMISSION ON PUBLIC ETHICS, WITHIN TEN DAYS OF THE CHANGE
IN THE INFORMATION OCCURRING.
(F) SUCH FUNDRAISING REPORTS SHALL BE KEPT IN ELECTRONIC FORM BY THE
JOINT COMMISSION ON PUBLIC ETHICS AND SHALL BE AVAILABLE FOR PUBLIC
INSPECTION PURSUANT TO SECTION ONE-S OF THIS ARTICLE.
§ 3. This act shall take effect immediately.
PART P
S. 1510--A 66 A. 2010--A
Section 1. Section 1-c of the legislative law is amended by adding a
new subdivision (x) to read as follows:
(X) THE TERM "POLITICAL CONSULTING" SHALL MEAN AND INCLUDE THE
PROVISION, FOR COMPENSATION, TO ANY PUBLIC OFFICIAL OR CANDIDATE FOR AN
ELECTED STATE OFFICE, OF ADVICE, SERVICES OR ASSISTANCE IN SECURING SUCH
PUBLIC OFFICE INCLUDING, BUT NOT LIMITED TO, CAMPAIGN MANAGEMENT,
FUNDRAISING ACTIVITIES, PUBLIC RELATIONS OR MEDIA SERVICES, BUT SHALL
EXCLUDE BONA FIDE LEGAL WORK DIRECTLY RELATED TO LITIGATION OR LEGAL
ADVICE WITH REGARD TO SECURING A PLACE ON THE BALLOT, THE PETITIONING
PROCESS, THE CONDUCT OF AN ELECTION OR WHICH INVOLVES THE ELECTION LAW.
§ 2. Section 1-m of the legislative law, as added by chapter 14 of the
laws of 2007, is amended to read as follows:
§ 1-m. Prohibition of gifts AND POLITICAL CONSULTING. (A) No individ-
ual or entity required to be listed on a statement of registration
pursuant to this article shall offer or give a gift to any public offi-
cial as defined within this article, unless under the circumstances it
is not reasonable to infer that the gift was intended to influence such
public official. No individual or entity required to be listed on a
statement of registration pursuant to this article shall offer or give a
gift to the spouse or unemancipated child of any public official as
defined within this article under circumstances where it is reasonable
to infer that the gift was intended to influence such public official.
No spouse or unemancipated child of an individual required to be listed
on a statement of registration pursuant to this article shall offer or
give a gift to a public official under circumstances where it is reason-
able to infer that the gift was intended to influence such public offi-
cial. This section shall not apply to gifts to officers, members or
directors of boards, commissions, councils, public authorities or public
benefit corporations who receive no compensation or are compensated on a
per diem basis, unless the person listed on the statement of registra-
tion appears or has matters pending before the board, commission or
council on which the recipient sits.
(B) NO PERSON THAT IS ENGAGED IN LOBBYING AN ELECTED OFFICIAL SHALL
ENGAGE IN POLITICAL CONSULTING FOR THAT ELECTED OFFICIAL.
(C) NO PERSON THAT IS ENGAGED IN POLITICAL CONSULTING FOR ANY ELECTED
OFFICIAL OR CANDIDATE FOR AN ELECTED OFFICE SHALL ENGAGE IN LOBBYING
THAT ELECTED OFFICIAL.
§ 3. Subdivision (h) of section 1-c of the legislative law, as added
by chapter 2 of the laws of 1999, is amended to read as follows:
(h) The term "compensation" shall mean any salary, fee, gift, payment,
benefit, loan, advance or any other thing of value paid, owed, given or
promised to the lobbyist OR POLITICAL CONSULTANT by the client for
lobbying OR POLITICAL CONSULTING but shall not include contributions
reportable pursuant to article fourteen of the election law.
§ 4. Section 14-100 of the election law is amended by adding two new
subdivisions 18 and 19 to read as follows:
18. "POLITICAL CONSULTING" MEANS AND INCLUDES THE PROVISION FOR
COMPENSATION, TO ANY POLITICAL COMMITTEE OR CANDIDATE FOR AN ELECTED
OFFICE OF ADVICE, SERVICES OR ASSISTANCE IN SECURING PUBLIC OFFICE
INCLUDING, BUT NOT LIMITED TO, CAMPAIGN MANAGEMENT, FUNDRAISING ACTIV-
ITIES, PUBLIC RELATIONS OR MEDIA SERVICES, BUT SHALL EXCLUDE LEGAL WORK
DIRECTLY RELATED TO LITIGATION OR LEGAL ADVICE WITH REGARD TO SECURING A
PLACE ON THE BALLOT, THE PETITIONING PROCESS, THE CONDUCT OF AN ELECTION
OR WHICH INVOLVES THIS CHAPTER.
S. 1510--A 67 A. 2010--A
19. "COMPENSATION" MEANS ANY SALARY, FEE, GIFT, PAYMENT, BENEFIT,
LOAN, ADVANCE OR ANY OTHER THING OF VALUE PAID, OWED, GIVEN OR PROMISED,
BUT SHALL NOT INCLUDE CONTRIBUTIONS REPORTABLE PURSUANT TO THIS ARTICLE.
§ 5. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and liabilities of the committee, and of its officers, members and
agents in its behalf. Such statements shall include the dollar amount of
any receipt, contribution or transfer, or the fair market value of any
receipt, contribution or transfer, which is other than of money, the
name and address of the transferor, contributor or person from whom
received, and if the transferor, contributor or person is a political
committee; the name of and the political unit represented by the commit-
tee, the date of its receipt, the dollar amount of every expenditure,
the name and address of the person to whom it was made or the name of
and the political unit represented by the committee to which it was made
and the date thereof, and shall state clearly the purpose of such
expenditure. FURTHERMORE, SUCH STATEMENTS SHALL INCLUDE A LIST OF ALL
PERSONS WHICH PROVIDED POLITICAL CONSULTING SERVICES, AND THE FAIR
MARKET VALUE OF AND THE ACTUAL AMOUNT PAID TO EACH SUCH PERSON FOR THE
PROVISION OF POLITICAL CONSULTING SERVICES. Any statement reporting a
loan shall have attached to it a copy of the evidence of indebtedness.
Expenditures in sums under fifty dollars need not be specifically
accounted for by separate items in said statements, and receipts and
contributions aggregating not more than ninety-nine dollars, from any
one contributor need not be specifically accounted for by separate items
in said statements, provided however, that such expenditures, receipts
and contributions shall be subject to the other provisions of section
14-118 of this article.
§ 6. Subdivision 1 of section 14-104 of the election law, as amended
by section 1 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:
1. Any candidate for election to public office, or for nomination for
public office at a contested primary election or convention, or for
election to a party position at a primary election, shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth the particulars specified by section 14-102 of this arti-
cle, as to all moneys or other valuable things, paid, given, expended or
promised by him or her to aid his or her own nomination or election, or
to promote the success or defeat of a political party, or to aid or
influence the nomination or election or the defeat of any other candi-
date to be voted for at the election or primary election or at a conven-
tion, including contributions to political committees, officers, members
or agents thereof, and transfers, receipts and contributions to him or
her to be used for any of the purposes above specified, or in lieu ther-
eof, any such candidate may file such a sworn statement at the first
S. 1510--A 68 A. 2010--A
filing period, on a form prescribed by the state board of elections that
such candidate has made no such expenditures and does not intend to make
any such expenditures, except through a political committee authorized
by such candidate pursuant to this article. FURTHERMORE, SUCH STATE-
MENTS SHALL INCLUDE A LIST OF ALL PERSONS WHICH PROVIDED POLITICAL
CONSULTING SERVICES, AND THE FAIR MARKET VALUE OF AND THE ACTUAL AMOUNT
PAID TO EACH SUCH PERSON FOR THE PROVISION OF POLITICAL CONSULTING
SERVICES. Such candidate may designate a committee of no less than three
persons who shall be authorized to appoint and remove the treasurer of
any authorized committee of the candidate. The designation or revocation
of the committee shall be evidenced in a writing filed with the state
board of elections by the candidate authorizing the committee. The
candidate may revoke such designation at any time. A committee author-
ized by such a candidate may fulfill all of the filing requirements of
this act on behalf of such candidate.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.
PART Q
Section 1. Section 172-e of the executive law, as added by section 1
of part F of chapter 286 of the laws of 2016, is amended to read as
follows:
§ 172-e. Disclosure of certain donations by charitable non-profit
entities. 1. Definitions. For the purposes of this section:
(a) "Covered entity" shall mean any corporation or entity that is
qualified as an exempt organization or entity by the United States
Department of the Treasury under I.R.C. 501(c)(3) that is required to
report to the [department of law] JOINT COMMISSION ON PUBLIC ETHICS
pursuant to this section.
(b) "In-kind donation" shall mean [donations] ANY CONTRIBUTION OR
DONATION of staff, staff time, personnel, offices, office supplies,
[financial] OR OTHER NON-MONETARY support of any kind [or any other
resources].
(c) ["Donation"] "MONETARY DONATION" shall mean any FINANCIAL contrib-
ution, including a MONETARY gift, loan, [in-kind donation,] OR advance
[or deposit of money or anything of value].
(d) "Recipient entity" shall mean any corporation or entity that is
qualified as an exempt organization or entity by the United States
Department of the Treasury under I.R.C. 501(c)(4) that is required to
file a source of funding report with the joint commission on public
ethics pursuant to sections one-h and one-j of the legislative law.
(e) "Reporting period" shall mean the six month period within a calen-
dar year starting January first and ending June thirtieth or the six
month period within a calendar year starting July first and ending
December thirty-first.
2. Funding disclosure reports to be filed by covered entities. (a) Any
covered entity that makes A MONETARY DONATION OR an in-kind donation in
excess of two thousand five hundred dollars to a recipient entity during
a [relevant] reporting period shall file a funding disclosure report
with the [department of law] JOINT COMMISSION ON PUBLIC ETHICS. The
funding disclosure report shall include:
(i) the name and address of the covered entity that made the MONETARY
OR in-kind donation;
(ii) the name and address of the recipient entity that received or
benefitted from the MONETARY OR in-kind donation;
S. 1510--A 69 A. 2010--A
(iii) the names of any persons who exert operational or managerial
control over the covered entity. The disclosures required by this para-
graph shall include the name of at least one natural person;
(iv) the date the MONETARY OR in-kind donation was made by the covered
entity;
(v) [any donation in excess of two thousand five hundred dollars to
the covered entity during the relevant reporting period including the
identity of the donor of any such donation] THE NAME AND ADDRESS OF ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR GROUP THAT MADE ANY MONETARY OR
IN-KIND DONATION IN EXCESS OF TWO THOUSAND FIVE HUNDRED DOLLARS TO THE
COVERED ENTITY DURING THE RELEVANT REPORTING PERIOD; and
(vi) the date of any such MONETARY OR IN-KIND donation to a covered
entity.
(b) The covered entity shall file a funding disclosure report with the
[department of law] JOINT COMMISSION ON PUBLIC ETHICS within thirty days
of the close of a reporting period.
(C) THE RECIPIENT ENTITY SHALL SEND A WRITTEN NOTIFICATION TO ANY
COVERED ENTITY WHO HAS MADE AN IN-KIND OR MONETARY DONATION IN EXCESS OF
TWO THOUSAND FIVE HUNDRED DOLLARS TO THE RECIPIENT ENTITY DURING A RELE-
VANT REPORTING PERIOD. SUCH NOTIFICATION SHALL ADVISE THAT THE RECIPIENT
ENTITY IS REQUIRED TO FILE A SOURCE OF FUNDING REPORT WITH THE JOINT
COMMISSION ON PUBLIC ETHICS PURSUANT TO SECTIONS ONE-H AND ONE-J OF THE
LEGISLATIVE LAW.
(D) A COVERED ENTITY THAT MAINTAINS ONE OR MORE SEGREGATED BANK
ACCOUNTS CONTAINING FUNDS USED SOLELY FOR MONETARY DONATIONS AND MAKES
ALL OF ITS MONETARY DONATIONS TO RECIPIENT ENTITIES FROM SUCH AN ACCOUNT
AND MAKES NO IN-KIND DONATIONS, THEN WITH RESPECT TO DONATIONS INCLUDED
IN PARAGRAPH (A) OF THIS SUBDIVISION, THE FUNDING DISCLOSURE REPORT NEED
ONLY INCLUDE MONETARY DONATIONS DEPOSITED INTO SUCH ACCOUNTS.
3. Public disclosure of funding disclosure reports. The [department of
law] JOINT COMMISSION ON PUBLIC ETHICS shall promulgate any regulations
necessary to implement these requirements and shall [forward the disclo-
sure reports to the joint commission on public ethics for the purpose of
publishing such] PUBLISH THE FUNDING DISCLOSURE reports on the commis-
sion's website, within thirty days of the close of each reporting peri-
od; provided however that [the attorney general] UP TO ONE HUNDRED
EIGHTY DAYS BEFORE THE START OF A REPORTING PERIOD, OR AT ANY TIME IF
GOOD CAUSE IS SHOWN, A COVERED ENTITY MAY MAKE AN APPLICATION FOR AN
EXEMPTION FROM THE PUBLIC DISCLOSURE REQUIREMENTS OUTLINED IN THIS
SUBDIVISION. EXEMPTION DETERMINATIONS SHALL BE MADE BY THE EXECUTIVE
DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS, or his or her desig-
nee, WHO may determine that disclosure of donations to the covered enti-
ty shall not be made public if, based upon a review of the relevant
facts presented by the covered entity, such disclosure may cause harm,
threats, harassment, or reprisals to the source of the donation or to
individuals or property affiliated with the source of the donation.
WITH RESPECT TO FUTURE DONATIONS AND DONORS, THE EXECUTIVE DIRECTOR OF
THE JOINT COMMISSION ON PUBLIC ETHICS, OR HIS OR HER DESIGNEE, SHALL
DETERMINE THAT DISCLOSURE OF DONATIONS TO THE COVERED ENTITY SHALL NOT
BE MADE PUBLIC IF, BASED UPON A REVIEW OF THE RELEVANT FACTS PRESENTED
BY THE COVERED ENTITY, SUCH DISCLOSURE IS LIKELY TO CAUSE FUTURE HARM,
THREATS, HARASSMENT, OR REPRISALS TO FUTURE DONORS, OR IS LIKELY TO
DISSUADE FUTURE DONORS FROM DONATING TO THE COVERED ENTITY. THE DETERMI-
NATION OF THE EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC
ETHICS THAT CERTAIN DISCLOSURES SHALL NOT BE MADE PUBLIC SHALL REMAIN IN
EFFECT FOR TWO CONSECUTIVE REPORTING PERIODS AND MAY BE EXTENDED BY THE
S. 1510--A 70 A. 2010--A
EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS, OR HIS OR
HER DESIGNEE, BASED UPON GOOD CAUSE SHOWN. The covered entity may appeal
the [attorney general's] determination OF THE EXECUTIVE DIRECTOR OF THE
JOINT COMMISSION ON PUBLIC ETHICS and such appeal shall be heard by a
judicial hearing officer who is independent and not affiliated with or
employed by the [department of law] JOINT COMMISSION ON PUBLIC ETHICS,
pursuant to regulations promulgated by the [department of law] JOINT
COMMISSION ON PUBLIC ETHICS. The covered entity's sources of donations
that are the subject of such appeal shall not be made public pending
final judgment on appeal.
§ 2. Paragraph (b) of subdivision 1, paragraphs (b) and (c) of subdi-
vision 2 and subdivision 3 of section 172-f of the executive law, as
added by section 1 of part G of chapter 286 of the laws of 2016, are
amended to read as follows:
(b) "Covered communication" means a communication, that does not
require a report pursuant to article one-A of the legislative law or
article fourteen of the election law, by a covered entity, THAT IS
conveyed to five hundred or more members of a general public audience in
the form of: (i) an audio or video communication via broadcast, cable or
satellite; (ii) a written communication via advertisements, pamphlets,
circulars, flyers, brochures, letterheads; or (iii) other published
statement which[:] refers to and advocates for or against: a clearly
identified elected official [or the position of any elected official or
administrative or legislative body relating to], A DECLARED CANDIDATE
FOR ELECTED OFFICE, the outcome of any vote [or substance of any legis-
lation, potential legislation, pending legislation] OR DECISION BY ANY
LEGISLATIVE, EXECUTIVE OR ADMINISTRATIVE BODY, OR THE DRAFTING, PASSAGE
OR DEFEAT OF ANY LEGISLATION, rule, regulation, OR hearing[, or decision
by any legislative, executive or administrative body].
Covered communication shall not include: (i) communications with a
professional journalist or newscaster, including an editorial board or
editorial writer of a newspaper, magazine, news agency, press associ-
ation or wire service, relating to news, as these terms are defined in
section seventy-nine-h of the civil rights law, and communications
relating to confidential and non-confidential news as described in
subdivisions (b) and (c) of section seventy-nine-h of the civil rights
law respectively and communications made pursuant to community outreach
efforts for broadcast stations required by federal law; or
(ii) a communication that is: (A) directed, sent or distributed by the
covered entity only to individuals who affirmatively consent to be
members of the covered entity, contribute funds to the covered entity,
or, pursuant to the covered entity's articles or bylaws, have the right
to vote directly or indirectly for the election of directors or offi-
cers, or on changes to bylaws, disposition of all or substantially all
of the covered entity's assets or the merger or dissolution of the
covered entity; or (B) for the purpose of promoting or staging any
candidate debate, town hall or similar forum to which at least two
candidates seeking the same office, or two proponents of differing posi-
tions on a referendum or question submitted to voters, are invited as
participants, and which does not promote or advance one candidate or
position over another.
(b) The covered entity shall file a financial disclosure report with
the [department of law] JOINT COMMISSION ON PUBLIC ETHICS within thirty
days of the close of a reporting period.
(c) [If a] A covered entity [keeps] THAT MAINTAINS one or more segre-
gated bank accounts containing funds used solely for covered communi-
S. 1510--A 71 A. 2010--A
cations and makes all of its expenditures for covered communications
from such accounts, then with respect to MONETARY donations included in
subparagraph (iv) of paragraph (a) of this subdivision, the financial
report need only include MONETARY donations deposited into such
accounts.
3. The [department of law] JOINT COMMISSION ON PUBLIC ETHICS shall
make the financial disclosure reports available to the public on the
[department of law] JOINT COMMISSION ON PUBLIC ETHICS website within
thirty days of the close of each reporting period, provided however that
[the attorney general] UP TO ONE HUNDRED EIGHTY DAYS BEFORE THE START OF
A REPORTING PERIOD, OR AT ANY TIME IF GOOD CAUSE IS SHOWN, A COVERED
ENTITY MAY MAKE AN APPLICATION FOR AN EXEMPTION FROM THE PUBLIC DISCLO-
SURE REQUIREMENTS OUTLINED IN SUBDIVISION TWO OF THIS SECTION. EXEMPTION
DETERMINATIONS SHALL BE MADE BY THE EXECUTIVE DIRECTOR OF THE JOINT
COMMISSION ON PUBLIC ETHICS, or his or her designee, WHO may determine
that disclosure of donations shall not be made public if, based upon a
review of the relevant facts presented by the covered entity, such
disclosure may cause harm, threats, harassment, or reprisals to the
source of the donation or to individuals or property affiliated with the
source of the donation. WITH RESPECT TO FUTURE DONATIONS AND DONORS,
THE EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS, OR HIS
OR HER DESIGNEE, SHALL DETERMINE THAT DISCLOSURE OF DONATIONS TO THE
COVERED ENTITY SHALL NOT BE MADE PUBLIC IF, BASED UPON A REVIEW OF THE
RELEVANT FACTS PRESENTED BY THE COVERED ENTITY, SUCH DISCLOSURE IS LIKE-
LY TO CAUSE FUTURE HARM, THREATS, HARASSMENT, OR REPRISALS TO FUTURE
DONORS, OR IS LIKELY TO DISSUADE FUTURE DONORS FROM DONATING TO THE
COVERED ENTITY. THE DETERMINATION OF THE EXECUTIVE DIRECTOR OF THE JOINT
COMMISSION ON PUBLIC ETHICS THAT CERTAIN DISCLOSURES SHALL NOT BE MADE
PUBLIC SHALL REMAIN IN EFFECT FOR TWO CONSECUTIVE REPORTING PERIODS AND
MAY BE EXTENDED BY THE EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON
PUBLIC ETHICS, OR HIS OR HER DESIGNEE, BASED UPON GOOD CAUSE SHOWN. The
covered entity may appeal the [attorney general's] determination OF THE
EXECUTIVE DIRECTOR OF THE JOINT COMMISSION ON PUBLIC ETHICS and such
appeal shall be heard by a judicial hearing officer who is independent
and not affiliated with or employed by the [department of law] JOINT
COMMISSION ON PUBLIC ETHICS, pursuant to regulations promulgated by the
[department of law] JOINT COMMISSION ON PUBLIC ETHICS. The covered enti-
ty shall not be required to disclose the sources of donations that are
the subject of such appeal pending final judgment on appeal.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART R
Section 1. Subdivision (w) of section 1-c of the legislative law, as
added by section 8 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
(w) The term "reportable business relationship" shall mean EITHER a
relationship in which compensation is paid by a lobbyist or by a client
of a lobbyist, in exchange for any goods, services or anything of value,
the total value of which is in excess of [one thousand] FIVE HUNDRED
dollars annually, to be performed or provided by or intended to be
performed or provided by (i) any statewide elected official, state offi-
cer, state employee, member of the legislature or legislative employee,
or (ii) any entity in which the lobbyist or the client of a lobbyist
knows or has reason to know the statewide elected official, state offi-
S. 1510--A 72 A. 2010--A
cer, state employee, member of the legislature or legislative employee
is a proprietor, partner, director, officer or manager, or owns or
controls ten percent or more of the stock of such entity (or one percent
in the case of a corporation whose stock is regularly traded on an
established securities exchange).
§ 2. Subdivision (a) of section 1-h of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Any lobbyist required to file a statement of registration pursuant
to section one-e of this article who in any lobbying year reasonably
anticipates that during the year such lobbyist will expend, incur or
receive combined reportable compensation and expenses in an amount in
excess of five [thousand] HUNDRED dollars, as provided in paragraph five
of subdivision (b) of this section, for the purpose of lobbying, shall
file with the commission a bi-monthly written report, on forms supplied
by the commission, by the fifteenth day next succeeding the end of the
reporting period in which the lobbyist was first required to file a
statement of registration. Such reporting periods shall be the period of
January first to the last day of February, March first to April thirti-
eth, May first to June thirtieth, July first to August thirty-first,
September first to October thirty-first and November first to December
thirty-first.
§ 3. Subdivision (a) of section 1-j of the legislative law, as amended
by chapter 14 of the laws of 2007, is amended to read as follows:
(a) Semi-annual reports shall be filed by any client retaining,
employing or designating a lobbyist or lobbyists, whether or not any
such lobbyist was required to file a bi-monthly report, if such client
reasonably anticipates that during the year such client will expend or
incur an amount in excess of five [thousand] HUNDRED dollars of combined
reportable compensation and expenses, as provided in paragraph five of
subdivision [(c)] (B) of this section, for the purposes of lobbying.
§ 4. Paragraphs 3 and 4 of subdivision (a) of section 1-e of the
legislative law, as amended by chapter 1 of the laws of 2005, are
amended to read as follows:
(3) Commencing calendar year two thousand five and thereafter every
lobbyist shall biennially file with the commission, on forms provided by
the commission, a statement of registration for each biennial period
beginning with the first year of the biennial cycle commencing calendar
year two thousand five and thereafter; provided, however, that the bien-
nial filing of such statement of registration shall not be required of
any lobbyist who (i) in any year prior to calendar year two thousand six
does not expend, incur or receive an amount in excess of two thousand
dollars of reportable compensation and expenses, as provided in para-
graph five of subdivision (b) of section one-h of this article, for the
purposes of lobbying and commencing with calendar year two thousand six
does not expend, incur or receive an amount in excess of five thousand
dollars of reportable compensation, as provided in paragraph five of
subdivision (b) of section one-h of this article for the purposes of
lobbying [or] AND (ii) STARTING YEAR TWO THOUSAND TWENTY-ONE, DOES NOT
EXPEND, INCUR OR RECEIVE AN AMOUNT IN EXCESS OF FIVE HUNDRED DOLLARS OF
REPORTABLE COMPENSATION AND EXPENSES, AS PROVIDED IN PARAGRAPH FIVE OF
SUBDIVISION (B) OF SECTION ONE-H OF THIS ARTICLE, FOR THE PURPOSES OF
LOBBYING COMMENCING WITH CALENDAR YEAR TWO THOUSAND TWENTY-ONE DOES NOT
EXPEND, INCUR OR RECEIVE AN AMOUNT IN EXCESS OF FIVE HUNDRED DOLLARS OF
REPORTABLE COMPENSATION, AS PROVIDED IN PARAGRAPH FIVE OF SUBDIVISION
(B) OF SECTION ONE-H OF THIS ARTICLE FOR THE PURPOSES OF LOBBYING OR
(III) is an officer, director, trustee or employee of any public corpo-
S. 1510--A 73 A. 2010--A
ration, when acting in such official capacity; provided however, that
nothing in this section shall be construed to relieve any public corpo-
ration of the obligation to file such statements and reports as required
by this article.
(4) Such biennial filings shall be completed on or before January
first of the first year of a biennial cycle commencing in calendar year
two thousand five and thereafter, by those persons who have been
retained, employed or designated as lobbyist on or before December
fifteenth of the previous calendar year and who reasonably anticipate
that in the coming year they will expend, incur or receive combined
reportable compensation and expenses in an amount in excess of two thou-
sand dollars in years prior to calendar year two thousand six and five
thousand dollars [commencing in] FROM two thousand six TO TWO THOUSAND
TWENTY AND FIVE HUNDRED DOLLARS COMMENCING IN TWO THOUSAND TWENTY-ONE;
for those lobbyists retained, employed or designated after the previous
December fifteenth, and for those lobbyists who subsequent to their
retainer, employment or designation reasonably anticipate combined
reportable compensation and expenses in excess of such amount, such
filing must be completed within fifteen days thereafter, but in no event
later than ten days after the actual incurring or receiving of such
reportable compensation and expenses.
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.
PART S
Section 1. Subparagraphs (i) and (ii) of subdivision (a) of section
1-o of the legislative law, as added by chapter 14 of the laws of 2007,
are amended to read as follows:
(i) Any lobbyist, public corporation, or client who knowingly and
wilfully fails to file timely a report or statement required by this
section or knowingly and wilfully files false information or knowingly
and wilfully violates section one-m of this article shall be guilty of a
class A misdemeanor AND MAY BE BARRED FROM ENGAGING IN LOBBYING ACTIV-
ITIES, AS THE TERM IS DEFINED IN SUBDIVISION (C) OF SECTION ONE-C OF
THIS ARTICLE, FOR A PERIOD OF UP TO TWO YEARS; and
(ii) any lobbyist, public corporation, or client who knowingly and
wilfully fails to file timely a report or statement required by this
section or knowingly and wilfully files false information or knowingly
and wilfully violates section one-m of this article, after having previ-
ously been convicted in the preceding [five] TEN years of the crime
described in paragraph (i) of this subdivision, shall be guilty of a
class E felony. Any lobbyist, PUBLIC CORPORATION OR CLIENT convicted of
or pleading guilty to a felony under the provisions of this section
[may] SHALL be barred from [acting as a lobbyist] ENGAGING IN LOBBYING
ACTIVITIES, AS THE TERM IS DEFINED IN SUBDIVISION (C) OF SECTION ONE-C
OF THIS ARTICLE, for a period of [one year] NO LESS THAN TWO YEARS AND
NO MORE THAN SIX YEARS from the date of the conviction. For the purposes
of this subdivision, the chief administrative officer of any organiza-
tion required to file a statement or report shall be the person respon-
sible for making and filing such statement or report unless some other
person prior to the due date thereof has been duly designated to make
and file such statement or report.
§ 2. Subparagraph (B) of paragraph (iii) of subdivision (b) of section
1-o of the legislative law, as added by chapter 14 of the laws of 2007,
is amended to read as follows:
S. 1510--A 74 A. 2010--A
(B) If, after a lobbyist or client has been found to have violated
subdivision one of section one-n of this article, a lobbyist or client
knowingly and wilfully violates the provisions of subdivision one of
section one-n of this article within [four] TEN years of such finding,
the lobbyist or client shall be subject to a civil penalty not to exceed
twenty-five thousand dollars.
§ 3. Paragraph (iv) of subdivision (b) of section 1-o of the legisla-
tive law, as added by chapter 14 of the laws of 2007, is amended to read
as follows:
(iv) Any lobbyist or client that knowingly and wilfully fails to file
a statement or report within the time required for the filing of such
report, knowingly and wilfully files a false statement or report, or
knowingly and wilfully violates section one-m of this article, after
having been found by the commission to have knowing and wilfully commit-
ted such conduct or violation in the preceding [five] TEN years, may be
subject to a determination that the lobbyist or client is [prohibited]
BARRED from engaging in lobbying activities, as that term is defined in
[paragraph (v) of] subdivision (c) of section one-c of this article, for
a period of [one year] NO LESS THAN TWO YEARS AND NO MORE THAN SIX
YEARS.
§ 4. Paragraph (v) of subdivision (b) of section 1-o of the legisla-
tive law, as added by chapter 14 of the laws of 2007, is amended to read
as follows:
(v) Any lobbyist, PUBLIC CORPORATION or client that knowingly and
wilfully engages in lobbying activities, as that term is defined in
[paragraph (v) of] subdivision (c) of section one-c of this article,
during the period in which THE COMMISSION DETERMINED THAT they are
[prohibited] BARRED from engaging in lobbying activities, [as that term
is defined in paragraph (v) of subdivision (c) of section one-c of this
article] pursuant to this [subdivision] SECTION, SHALL BE GUILTY OF A
CLASS E FELONY AND may be subject to a determination that the lobbyist,
PUBLIC CORPORATION, or client is prohibited from engaging in lobbying
activities[, as that term is defined in paragraph (v) of subdivision (c)
of section one-c of this article,] for a period of [up to four] NOT LESS
THAN TWO AND NO MORE THAN TEN years, and SUCH LOBBYIST, PUBLIC CORPO-
RATION OR CLIENT, IN ADDITION TO OR IN LIEU OF SUCH PENALTY shall be
subject to a civil penalty not to exceed fifty thousand dollars, plus a
civil penalty in an amount equal to five times the value of any gift,
compensation or benefit received as a result of the violation.
§ 5. Subdivision (b) of section 1-o of the legislative law, is amended
by adding a new paragraph (vii) to read as follows:
(VII) A LOBBYIST OR CLIENT WHO, DURING THE CONDUCT OF A RANDOM AUDIT
PURSUANT TO SECTION ONE-D OF THIS CHAPTER, KNOWINGLY AND WILLFULLY FAILS
TO COMPLY WITH REQUESTS FOR THE PRODUCTION OF DOCUMENTS BEARING UPON ANY
MATTERS REQUIRED TO BE INCLUDED IN A FILING OR REGISTRATION OR OTHERWISE
FAILS TO COMPLY WITH REQUESTS OF THE COMMISSION RELATED TO THE ENFORCE-
MENT OF THIS CHAPTER, SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
TEN THOUSAND DOLLARS.
§ 6. Paragraphs (i) and (ii) of subdivision (c) of section 1-o of the
legislative law, as added by chapter 14 of the laws of 2007, are amended
to read as follows:
(i) Any assessment or order to debar RENDERED BY THE COMMISSION PURSU-
ANT TO THIS SECTION shall be determined only after a hearing at which
the party shall be entitled to appear, present evidence and be heard. IN
ORDERING DEBARMENT, THE COMMISSION SHALL CONSIDER WHETHER THE FACTS,
CIRCUMSTANCES AND PUBLIC INTEREST WARRANT ANY FIRM, PARTNERSHIP OR
S. 1510--A 75 A. 2010--A
CORPORATION OF, OR IN WHICH SUCH LOBBYIST IS OR BECOMES A SHAREHOLDER,
OWNER, MEMBER, PARTNER, DIRECTOR OR OFFICER BE BARRED FROM ACTING AS A
LOBBYIST. IF IT SO FINDS, THEN SUCH ORDER OF DEBARMENT SHALL APPLY TO
SUCH FIRM, PARTNERSHIP OR CORPORATION, AS WELL. Any assessment or order
to debar pursuant to this section may only be imposed after the commis-
sion sends by certified and first-class mail written notice of intent to
assess a penalty or order to debar and the basis for the penalty or
order to debar. Any assessment may be recovered in an action brought by
the attorney general AND, IF ASSESSED AGAINST A FIRM, PARTNERSHIP OR
CORPORATION MAY, IF THE COMMISSION SO FINDS THE FACTS, CIRCUMSTANCES AND
PUBLIC INTEREST SO WARRANT, NOTWITHSTANDING ANY OTHER LAW TO THE CONTRA-
RY, BE ASSESSED JOINTLY AND SEVERALLY AGAINST THE SHAREHOLDERS, OWNERS,
MEMBERS, PARTNERS, DIRECTORS AND OFFICERS OF SUCH FIRM, PARTNERSHIP OR
CORPORATION.
(ii) In assessing any fine or penalty pursuant to this section, the
commission shall consider: (A) as a mitigating factor that the lobbyist,
public corporation or client has not previously been required to regis-
ter, and (B) (1) as an aggravating factor that the lobbyist, public
corporation or client has RECEIVED WRITTEN NOTICE PURSUANT TO SUBDIVI-
SION THIRTEEN OF SECTION NINETY-FOUR OF THE EXECUTIVE LAW OF THE EXIST-
ENCE OF A POSSIBLE VIOLATION OR VIOLATIONS OF LAW, PREVIOUSLY ENTERED
INTO A SETTLEMENT WITH THE COMMISSION OR HAD OTHERWISE BEEN THE SUBJECT
OF AN INVESTIGATION COMMENCED PURSUANT TO SUCH SUBDIVISION, OR had fines
or penalties assessed against it in the past. The amount of compensation
expended, incurred or received shall be a factor to consider in deter-
mining a proportionate penalty. (2) FOR THE PURPOSES OF THIS SECTION,
WHERE THE LOBBYIST IS AN INDIVIDUAL, PAST PENALTIES SHALL INCLUDE ANY
PENALTIES LEVIED AGAINST SUCH LOBBYIST OR LEVIED AGAINST ANY FIRM, PART-
NERSHIP, OR CORPORATION OF OR IN WHICH SUCH LOBBYIST PARTICIPATED IN AND
SHARED CULPABILITY FOR THE ACTS RESULTING IN SUCH PAST PENALTIES.
§ 7. Section 1-o of the legislative law is amended by adding a new
subdivision (e) to read as follows:
(E) ANY LOBBYIST, PUBLIC CORPORATION, OR CLIENT WHO, KNOWING THAT A
STATEMENT OR REPORT MADE PURSUANT TO THIS ARTICLE CONTAINS FALSE INFOR-
MATION, AND WITH INTENT TO DEFRAUD THE STATE, OFFERS OR PRESENTS A
STATEMENT OR REPORT TO THE COMMISSION WITH THE KNOWLEDGE OR BELIEF THAT
IT WILL BE FILED WITH, REGISTERED OR RECORDED IN OR OTHERWISE BECOME A
PART OF THE RECORDS OF THE COMMISSION, SHALL BE GUILTY OF A CLASS E
FELONY, AND MAY BE SUBJECT TO A PENALTY OF THE GREATER OF SEVENTY-FIVE
THOUSAND DOLLARS, OR AN AMOUNT EQUAL TO TEN TIMES THE VALUE OF ANY
COMPENSATION OR BENEFIT RECEIVED AS A RESULT OF THE VIOLATION. THE
COMMISSION MAY ASSESS SUCH CIVIL PENALTIES.
§ 8. This act shall take effect immediately; provided however, the
provisions of this act shall only be applicable to conduct occurring
after this act shall have become a law.
PART T
Section 1. Paragraph (a) of subdivision 8 of section 73 of the public
officers law, as amended by chapter 299 of the laws of 1995, subpara-
graph (iii) as amended and subparagraph (iv) as added by chapter 14 of
the laws of 2007, is amended to read as follows:
(a) (i) No person who has served as a state officer or employee shall
within a period of [two] FIVE years after the termination of such
service or employment appear or practice before such state agency,
REGISTER AS A LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A
S. 1510--A 76 A. 2010--A
OF THE LEGISLATIVE LAW or receive compensation for any services rendered
by such former officer or employee on behalf of any person, firm, corpo-
ration or association in relation to any case, proceeding or application
or other matter before such agency.
(ii) No person who has served as a state officer or employee, WHO WAS
REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
SECTION SEVENTY-THREE-A OF THIS ARTICLE, shall after the termination of
such service or employment appear, practice, communicate, REGISTER AS A
LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A OF THE LEGIS-
LATIVE LAW or otherwise render services before any state agency or
receive compensation for any such services rendered by such former offi-
cer or employee on behalf of any person, firm, corporation or other
entity in relation to any case, proceeding, application or transaction
with respect to which such person was directly concerned and in which he
or she personally participated during the period of his or her service
or employment, or which was under his or her active consideration.
(iii) No person who has served as a member of the legislature WHO WAS
REQUIRED TO FILE AN ANNUAL STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO
SECTION SEVENTY-THREE-A OF THIS ARTICLE shall within a period of [two]
FIVE years after the termination of such service receive compensation
for any services on behalf of any person, firm, corporation or associ-
ation to promote or oppose, directly or indirectly, the passage of bills
or resolutions by either house of the legislature, OR REGISTER AS A
LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A OF THE LEGIS-
LATIVE LAW. No legislative employee, WHO WAS REQUIRED TO FILE AN ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF
THIS ARTICLE, shall within a period of [two] FIVE years after the termi-
nation of such service receive compensation for any services on behalf
of any person, firm, corporation or association to appear, practice or
directly communicate before either house of the legislature to promote
or oppose the passage of bills or resolutions by either house of the
legislature, OR REGISTER AS A LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED
IN ARTICLE ONE-A OF THE LEGISLATIVE LAW.
(iv) No person who has served as an officer or employee in the execu-
tive chamber of the governor, WHO WAS REQUIRED TO FILE AN ANNUAL STATE-
MENT OF FINANCIAL DISCLOSURE PURSUANT TO SECTION SEVENTY-THREE-A OF THIS
ARTICLE, shall within a period of [two] FIVE years after termination of
such service appear or practice before any state agency, OR REGISTER AS
A LOBBYIST OR ENGAGE IN LOBBYING AS DEFINED IN ARTICLE ONE-A OF THE
LEGISLATIVE LAW.
§ 2. This act shall take effect on January 1, 2020 and shall only
apply to persons leaving state service after the effective date of this
act.
PART U
Section 1. Section 107 of the civil service law is amended by adding a
new subdivision 4-a to read as follows:
4-A. NO OFFICER OR EMPLOYEE OF A STATEWIDE OFFICEHOLDER, A STATE
SENATOR, OR A MEMBER OF THE ASSEMBLY, SHALL BE PERMITTED TO VOLUNTEER
HIS OR HER SERVICES IN FURTHERANCE OF A CAMPAIGN FOR ELECTED OFFICE IN
WHICH THE EMPLOYING ELECTED OFFICEHOLDER IS THE CAMPAIGN CANDIDATE.
§ 2. This act shall take effect immediately.
PART V
S. 1510--A 77 A. 2010--A
Section 1. Subdivision 1 of section 94 of the executive law, as
amended by section 6 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
1. There is established within the department of state a joint commis-
sion on public ethics which shall consist of fourteen members and shall
have and exercise the powers and duties set forth in this section with
respect to statewide elected officials, members of the legislature and
employees of the legislature, and state officers and employees, as
defined in sections seventy-three and seventy-three-a of the public
officers law, candidates for statewide elected office and for the senate
or assembly, and the political party chairman as that term is defined in
section seventy-three-a of the public officers law, lobbyists and the
clients of lobbyists as such terms are defined in article one-A of the
legislative law, and individuals who have formerly held such positions,
were lobbyists or clients of lobbyists, as such terms are defined in
article one-A of the legislative law, or who have formerly been such
candidates. THE COMMISSION SHALL ALSO HAVE AND EXERCISE THE POWERS SET
FORTH IN THIS SECTION WITH RESPECT TO COVERED MUNICIPAL OFFICERS AS SUCH
TERM IS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE GENERAL MUNICIPAL
LAW, PROVIDED, HOWEVER, THAT THE JURISDICTION OF THE JOINT COMMISSION ON
PUBLIC ETHICS WITH RESPECT TO SUCH COVERED MUNICIPAL OFFICERS SHALL BE
LIMITED TO THE PROVISIONS OF THIS SECTION RELATING TO THE FILING OF
ACCURATE ANNUAL STATEMENTS OF FINANCIAL DISCLOSURE, AND PROVIDED,
FURTHER, IF THE COMMISSION HAS A REASONABLE BASIS TO BELIEVE THAT THERE
ARE ETHICAL OR LEGAL ISSUES OUTSIDE ITS JURISDICTION, BUT RELATED TO THE
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE, SUCH ISSUES SHALL BE REFERRED
TO THE APPROPRIATE BODY AS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE
GENERAL MUNICIPAL LAW OR THE DISTRICT ATTORNEY FROM THE COUNTY WHERE THE
MUNICIPAL CORPORATION IS LOCATED. This section shall not be deemed to
have revoked or rescinded any regulations or advisory opinions issued by
the legislative ethics commission, the commission on public integrity,
the state ethics commission and the temporary lobbying commission in
effect upon the effective date of chapter fourteen of the laws of two
thousand seven which amended this section to the extent that such regu-
lations or opinions are not inconsistent with any law of the state of
New York, but such regulations and opinions shall apply only to matters
over which such commissions had jurisdiction at the time such regu-
lations and opinions were promulgated or issued. The commission shall
undertake a comprehensive review of all such regulations and opinions,
which will address the consistency of such regulations and opinions
among each other and with the new statutory language, and of the effec-
tiveness of the existing laws, regulations, guidance and ethics enforce-
ment structure to address the ethics of covered public officials and
related parties. Such review shall be conducted with the legislative
ethics commission and, to the extent possible, the report's findings
shall reflect the full input and deliberations of both commissions after
joint consultation. The commission shall, before February first, two
thousand fifteen, report to the governor and legislature regarding such
review and shall propose any regulatory or statutory changes and issue
any advisory opinions necessitated by such review.
§ 2. Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
of the executive law, as amended by section 6 of part A of chapter 399
of the laws of 2011, is amended to read as follows:
(1) the information set forth in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law AND PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED
S. 1510--A 78 A. 2010--A
ELEVEN AND SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE GENER-
AL MUNICIPAL LAW, except information deleted pursuant to paragraph (h)
of subdivision nine of this section;
§ 3. Section 810 of the general municipal law is amended by adding a
new subdivision 13 to read as follows:
13. "COVERED MUNICIPAL OFFICER" MEANS (A) ANY INDIVIDUAL ELECTED TO
SERVE THE GOVERNMENT OF ANY MUNICIPAL CORPORATION WHO RECEIVES COMPEN-
SATION OF FIFTY THOUSAND DOLLARS OR MORE ANNUALLY FROM SUCH MUNICIPAL
CORPORATION AS WELL AS (B) ANY INDIVIDUAL WHO IS EITHER ELECTED OR
APPOINTED TO SERVE AS COUNTY EXECUTIVE, COUNTY MANAGER, OR CHAIR OF THE
COUNTY BOARD OF SUPERVISORS.
§ 4. Section 811 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, OR RESOLUTION PROVID-
ING FOR THE ANNUAL FILING OF AN ANNUAL STATEMENT OF FINANCIAL DISCLO-
SURE, A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
PROVIDED, HOWEVER A COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING
REQUIREMENTS OF THIS SUBDIVISION BY FILING A COPY OF THE STATEMENT OF
FINANCIAL DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDI-
VISION ONE OF THIS SECTION WITH THE JOINT COMMISSION ON PUBLIC ETHICS ON
OR BEFORE THE FILING DEADLINE PROVIDED IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW, IF SUCH STATEMENT OF FINANCIAL DISCLOSURE FILED
PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE OF THIS SECTION
HAS BEEN AUTHORIZED BY THE JOINT COMMISSION ON PUBLIC ETHICS PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION.
(B) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A
RESOLUTION TO REQUEST AUTHORIZATION FROM THE JOINT COMMISSION ON PUBLIC
ETHICS FOR ITS COVERED MUNICIPAL OFFICERS TO FILE WITH THE JOINT COMMIS-
SION ON PUBLIC ETHICS A COPY OF THE ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE
OF THIS SECTION TO SATISFY THE FILING REQUIREMENTS OF A COVERED MUNICI-
PAL OFFICER OF PARAGRAPH (A) OF THIS SUBDIVISION. THE JOINT COMMISSION
ON PUBLIC ETHICS SHALL PROMPTLY MAKE A DETERMINATION IN RESPONSE TO EACH
REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR ITS DETERMINATION. IF
AUTHORIZATION IS DENIED, THE MUNICIPAL CORPORATION MAY AMEND ITS REQUEST
AND RESUBMIT.
(C) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A LOCAL
LAW, ORDINANCE, OR RESOLUTION AUTHORIZING ITS COVERED MUNICIPAL OFFICERS
TO SATISFY THE FILING REQUIREMENTS OF PARAGRAPH (A) OR (A-1) OF SUBDIVI-
SION ONE OF THIS SECTION BY FILING A COPY OF THE ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE AS SET FORTH IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW FILED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
WITH THE APPROPRIATE BODY.
§ 5. Subdivision 1 of section 812 of the general municipal law is
amended by adding a new paragraph (j) to read as follows:
(J) A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS. A
COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING REQUIREMENTS OF PARA-
GRAPH (A) OF THIS SUBDIVISION BY FILING A COPY OF THE ANNUAL STATEMENT
OF FINANCIAL DISCLOSURE FILED PURSUANT TO THIS PARAGRAPH WITH THE APPRO-
PRIATE BODY.
§ 6. This act shall take effect January 1, 2021.
S. 1510--A 79 A. 2010--A
PART W
Section 1. Section 1-a of the legislative law, as added by chapter 2
of the laws of 1999, is amended to read as follows:
§ 1-a. Legislative declaration. (A) The legislature hereby declares
that the operation of responsible democratic government requires that
the fullest opportunity be afforded to the people to petition their
government for the redress of grievances and to express freely to appro-
priate officials their opinions on legislation and governmental oper-
ations; and that, to preserve and maintain the integrity of the govern-
mental decision-making process in this state, it is necessary that the
identity, expenditures and activities of persons and organizations
retained, employed or designated to influence the passage or defeat of
any legislation by either house of the legislature or the approval, or
veto, of any legislation by the governor and attempts to influence the
adoption or rejection of any rule or regulation having the force and
effect of law or the outcome of any rate making proceeding by a state
agency, and the attempts to influence the passage or defeat of any local
law, ordinance, or regulation be publicly and regularly disclosed.
(B) CODE OF CONDUCT FOR LOBBYISTS. TO HELP PRESERVE AND ADVANCE THE
PRINCIPLES ARTICULATED IN SUBDIVISION (A) OF THIS SECTION, EVERY LOBBY-
IST SHALL UPHOLD THE FOLLOWING MINIMUM STANDARDS OF PROFESSIONAL
CONDUCT:
(I) DUTY OF HONESTY AND LOYALTY:
A LOBBYIST SHALL ACT WITH HONESTY, INTEGRITY, AND IN GOOD FAITH WITH
RESPECT TO BOTH HIS OR HER CLIENTS AND TO GOVERNMENT OFFICIALS. A
LOBBYIST SHALL NOT REPRESENT CLIENTS WITH CONFLICTING INTERESTS, OR
INTERESTS THAT APPEAR TO BE CONFLICTING, WITHOUT THE INFORMED CONSENT,
IN WRITING, OF ALL RELEVANT CLIENTS. WHERE SUCH INFORMED CONSENT OF A
CONFLICT IS GIVEN BY A LOBBYIST'S CLIENTS, THE LOBBYIST HAS A DUTY TO
DISCLOSE THE CONFLICT AND THE CLIENT CONSENT TO ANY GOVERNMENT OFFICIAL
THAT THE LOBBYIST INTERACTS WITH ON THAT MATTER.
(II) DUTY OF DISCLOSURE:
A LOBBYIST SHALL INFORM HIS OR HER CLIENT OF THE LOBBYIST DISCLOSURE
DUTIES PURSUANT TO THE LEGISLATIVE LAW AND SHALL INFORM THEIR CLIENT
ABOUT HIS OR HER DUTIES PURSUANT TO THIS CODE OF CONDUCT. A LOBBYIST
SHALL COMMUNICATE WITH HIS OR HER CLIENT TO IDENTIFY, DISCLOSE, AND
RESOLVE ANY ACTUAL OR APPEARANCES OF A CONFLICT OF INTEREST. A LOBBYIST
SHALL INFORM HIS OR HER CLIENT IF ANY OTHER PERSON OR ENTITY IS RECEIV-
ING A DIRECT OR INDIRECT REFERRAL OR CONSULTING FEE FROM THE LOBBYIST
DUE TO OR IN CONNECTION WITH THE MATTER ON WHICH THE LOBBYIST HAS BEEN
RETAINED AND SHALL DISCLOSE THE AMOUNT OF SUCH FEE TO HIS OR HER
CLIENT.
(III) DUTY TO PROVIDE ACCURATE INFORMATION:
A LOBBYIST SHALL NOT KNOWINGLY PROVIDE UNTRUTHFUL OR DECEPTIVE INFOR-
MATION TO A GOVERNMENT OFFICIAL OR TO A CLIENT AND SHOULD ENDEAVOR TO
PROVIDE FACTUALLY CORRECT, CURRENT, AND ACCURATE INFORMATION TO SUCH
PERSONS TO THE BEST OF THEIR KNOWLEDGE, INFORMATION, AND BELIEF. A
LOBBYIST SHALL USE REASONABLE MEASURES TO VERIFY THE TRUTH OF THE STATE-
MENTS AND INFORMATION THAT HE OR SHE PROVIDES BOTH TO CLIENTS AND TO
GOVERNMENT OFFICIALS. IF A LOBBYIST IS AWARE THAT INFORMATION HE OR SHE
PROVIDED TO A CLIENT OR A GOVERNMENT OFFICIAL IS, OR BECOMES, INACCURATE
IN A SIGNIFICANT, RELEVANT, AND MATERIAL WAY, A LOBBYIST HAS A DUTY TO
PROMPTLY PROVIDE ANY RELEVANT PARTIES WITH CORRECTED INFORMATION. A
LOBBYIST SHALL ACT IN A MANNER THAT IS RESPECTFUL TO HIS OR HER CLIENTS
AND TO THE GOVERNMENT INSTITUTIONS THAT HE OR SHE INTERACTS WITH.
S. 1510--A 80 A. 2010--A
(IV) THE JOINT COMMISSION ON PUBLIC ETHICS IS AUTHORIZED TO ISSUE
REGULATIONS TO EFFECTUATE THIS SECTION.
§ 2. Subdivisions (c) and (d) of section 1-o of the legislative law,
as added by chapter 14 of the laws of 2007, are amended to read as
follows:
(c) IN ADDITION TO ANY PENALTY CONTAINED IN ANY OTHER PROVISION OF
LAW, ANY LOBBYIST WHO KNOWINGLY AND WILLFULLY VIOLATES ANY OF THE
PROVISIONS OF THE LOBBYIST CODE OF CONDUCT PURSUANT TO SECTION ONE-A OF
THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWENTY-
FIVE THOUSAND DOLLARS FOR THE FIRST OFFENSE; FOR ANY SUBSEQUENT OFFENSE,
THE LOBBYIST MAY BE BARRED FROM ENGAGING IN LOBBYING ACTIVITIES FOR A
MINIMUM OF SIX MONTHS AND A MAXIMUM OF FIVE YEARS.
(D) (i) Any assessment or order to debar shall be determined only
after a hearing at which the party shall be entitled to appear, present
evidence and be heard. Any assessment or order to debar pursuant to this
section may only be imposed after the commission sends by certified and
first-class mail written notice of intent to assess a penalty or order
to debar and the basis for the penalty or order to debar. Any assessment
may be recovered in an action brought by the attorney general.
(ii) In assessing any fine or penalty pursuant to this section, the
commission shall consider: (A) as a mitigating factor that the lobbyist,
public corporation or client has not previously been required to regis-
ter, and (B) as an aggravating factor that the lobbyist, public corpo-
ration or client has had fines or penalties assessed against it in the
past. The amount of compensation expended, incurred or received shall be
a factor to consider in determining a proportionate penalty.
(iii) Any lobbyist, public corporation or client who receives a notice
of intent to assess a penalty for knowingly and wilfully failing to file
a report or statement pursuant to subdivision (b) of this section and
who has never previously received a notice of intent to assess a penalty
for failing to file a report or statement required under this section
shall be granted fifteen days within which to file the statement of
registration or report without being subject to the fine or penalty set
forth in subdivision (b) of this section. Upon the failure of such
lobbyist, public corporation or client to file within such fifteen day
period, such lobbyist, public corporation or client shall be subject to
a fine or penalty pursuant to subdivision (b) of this section.
[(d)] (E) All moneys recovered by the attorney general or received by
the commission from the assessment of civil penalties authorized by this
section shall be deposited to the general fund.
§ 3. This act shall take effect immediately.
PART X
Section 1. Section 5-212 of the election law is REPEALED and a new
section 5-212 is added to read as follows:
§ 5-212. MOTOR VEHICLE REGISTRATION. 1. IN ADDITION TO ANY OTHER METH-
OD OF VOTER REGISTRATION PROVIDED FOR IN THIS ARTICLE, ANY QUALIFIED
PERSON SHALL BE AUTOMATICALLY APPLIED FOR REGISTRATION AND ENROLLMENT,
OR PRE-REGISTRATION AND ENROLLMENT, AS APPLICABLE, SIMULTANEOUSLY WITH
AND UPON APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, A DRIVER'S
LICENSE RENEWAL, A CHANGE OF ADDRESS, OR AN IDENTIFICATION CARD IF SUCH
A CARD IS ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES IN ITS NORMAL
COURSE OF BUSINESS UNLESS SUCH QUALIFIED PERSON DECLINES SUCH APPLICA-
TION FOR REGISTRATION AND ENROLLMENT AT THE TIME OF MAKING AN APPLICA-
TION FOR SUCH A MOTOR VEHICLE DRIVER'S LICENSE, DRIVER'S LICENSE
S. 1510--A 81 A. 2010--A
RENEWAL, A CHANGE OF ADDRESS, OR AN IDENTIFICATION CARD IF SUCH CARD IS
ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES IN ITS NORMAL COURSE OF BUSI-
NESS.
2. THE DEPARTMENT OF MOTOR VEHICLES, WITH THE APPROVAL OF THE STATE
BOARD OF ELECTIONS, SHALL DESIGN A FORM OR FORMS THAT SHALL, IN ADDITION
TO ELICITING SUCH INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT OF
MOTOR VEHICLES FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE RENEWAL, A
CHANGE OF ADDRESS OR AN IDENTIFICATION CARD, SERVE AS AN APPLICATION FOR
REGISTRATION AND ENROLLMENT, OR A REGISTRATION NECESSITATED BY A CHANGE
OF RESIDENCE. ONLY ONE SIGNATURE SHALL BE REQUIRED TO MEET THE CERTIF-
ICATION AND ATTESTATION NEEDS OF THE PORTION OF THE FORM PERTAINING TO
THE APPLICATION FOR A DRIVER'S LICENSE, A DRIVER'S LICENSE RENEWAL, A
CHANGE OF ADDRESS NOTIFICATION OR AN IDENTIFICATION CARD, AND THE
PORTION OF THE FORM PERTAINING TO VOTER REGISTRATION AND ENROLLMENT. THE
COST OF SUCH FORMS SHALL BE BORNE BY THE DEPARTMENT OF MOTOR VEHICLES.
3. THE VOTER REGISTRATION PORTION OF SUCH FORM SHALL:
(A) NOT REQUIRE ANY INFORMATION THAT DUPLICATES THE INFORMATION
REQUIRED ON THE APPLICATION FOR THE DRIVER'S LICENSE, CHANGE OF ADDRESS,
OR IDENTIFICATION CARD PORTION AND SHALL REQUIRE ONLY SUCH ADDITIONAL
INFORMATION AS WILL ENABLE ELECTION OFFICIALS TO ASSESS THE APPLICANT'S
ELIGIBILITY TO REGISTER TO VOTE, TO PREVENT DUPLICATE REGISTRATION, AND
TO ADMINISTER VOTER REGISTRATION AND OTHER PARTS OF THE ELECTION PROC-
ESS;
(B) INCLUDE A STATEMENT OF THE ELIGIBILITY REQUIREMENTS FOR VOTER
REGISTRATION AND SHALL REQUIRE THE APPLICANT TO ATTEST BY HIS OR HER
SIGNATURE THAT HE OR SHE MEETS THOSE REQUIREMENTS UNDER PENALTY OF
PERJURY UNLESS SUCH APPLICANT DECLINES SUCH REGISTRATION;
(C) INFORM THE APPLICANT, IN PRINT IDENTICAL TO THAT USED IN THE
ATTESTATION SECTION OF THE FOLLOWING:
(I) VOTER ELIGIBILITY REQUIREMENTS;
(II) PENALTIES FOR SUBMISSION OF FALSE REGISTRATION APPLICATION;
(III) THAT THE OFFICE WHERE THE APPLICANT REGISTERS SHALL REMAIN
CONFIDENTIAL AND THAT THE VOTER'S INFORMATION SHALL BE USED ONLY FOR
VOTER REGISTRATION PURPOSES;
(IV) THAT IF THE APPLICANT DECLINES TO REGISTER, SUCH APPLICANT'S
DECLINATION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR VOTER
REGISTRATION PURPOSES;
(V) THAT IF AN APPLICANT IS A VICTIM OF DOMESTIC VIOLENCE OR STALKING,
HE OR SHE MAY CONTACT THE STATE BOARD OF ELECTIONS IN ORDER TO RECEIVE
INFORMATION REGARDING THE ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF
DOMESTIC VIOLENCE UNDER SECTION 5-508 OF THIS ARTICLE;
(D) INCLUDE A BOX FOR THE APPLICANT TO CHECK TO INDICATE WHETHER THE
APPLICANT WOULD LIKE TO DECLINE TO REGISTER TO VOTE ALONG WITH THE
STATEMENT IN PROMINENT TYPE, "IF YOU DO NOT CHECK THIS BOX, AND YOU
PROVIDE YOUR SIGNATURE ON THE SPACE PROVIDED BELOW, YOU WILL HAVE
ATTESTED TO YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE
APPLIED TO REGISTER TO VOTE.";
(E) INCLUDE A SPACE FOR THE APPLICANT TO INDICATE HIS OR HER CHOICE OF
PARTY ENROLLMENT, WITH A CLEAR ALTERNATIVE PROVIDED FOR THE APPLICANT TO
DECLINE TO AFFILIATE WITH ANY PARTY;
(F) INCLUDE THE STATEMENT, "IF YOU WOULD LIKE HELP IN FILLING OUT THE
VOTER REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION
WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICA-
TION FORM IN PRIVATE.";
(G) INCLUDE THE STATEMENT, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED
WITH YOUR RIGHT TO REGISTER OR DECLINE TO REGISTER TO VOTE, YOUR RIGHT
S. 1510--A 82 A. 2010--A
TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO
VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLI-
TICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE STATE BOARD OF
ELECTIONS (ADDRESS AND TOLL FREE TELEPHONE NUMBER).";
(H) INCLUDE A TOLL FREE NUMBER AT THE STATE BOARD OF ELECTIONS THAT
CAN BE CALLED FOR ANSWERS TO REGISTRATION QUESTIONS; AND
(I) INCLUDE ANY OTHER INFORMATION THAT IS NECESSARY TO COMPLY WITH THE
REQUIREMENTS OF THE NATIONAL VOTER REGISTRATION ACT.
4. THE DEPARTMENT OF MOTOR VEHICLES SHALL TRANSMIT THAT PORTION OF THE
FORM WHICH CONSTITUTES THE COMPLETED APPLICATION FOR REGISTRATION OR
CHANGE OF ADDRESS FORM TO THE APPROPRIATE BOARD OF ELECTIONS NOT LATER
THAN TEN DAYS AFTER RECEIPT EXCEPT THAT ALL SUCH COMPLETED APPLICATIONS
AND FORMS RECEIVED BY SUCH DEPARTMENT BETWEEN THE THIRTIETH AND TWENTY-
FIFTH DAY BEFORE AN ELECTION SHALL BE TRANSMITTED IN SUCH MANNER AND AT
SUCH TIME AS TO ASSURE THEIR RECEIPT BY SUCH BOARD OF ELECTIONS NOT
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION. ALL TRANSMITTALS
SHALL INCLUDE SIGNATURES. A DIGITAL IMAGE OF A SIGNATURE SHALL SATISFY
THIS REQUIREMENT.
5. COMPLETED APPLICATION FORMS RECEIVED BY THE DEPARTMENT OF MOTOR
VEHICLES NOT LATER THAN THE TWENTY-FIFTH DAY BEFORE THE NEXT ENSUING
PRIMARY, GENERAL, OR SPECIAL ELECTION AND TRANSMITTED BY SUCH DEPARTMENT
TO THE APPROPRIATE BOARD OF ELECTIONS SO THAT THEY ARE RECEIVED NOT
LATER THAN THE TWENTIETH DAY BEFORE SUCH ELECTION SHALL ENTITLE THE
APPLICANT TO VOTE IN SUCH ELECTION PROVIDED THE BOARD DETERMINES THAT
THE APPLICANT IS OTHERWISE QUALIFIED.
6. DISCLOSURE OF VOTER REGISTRATION INFORMATION, INCLUDING A DECLINA-
TION TO REGISTER, BY THE DEPARTMENT OF MOTOR VEHICLES, ITS AGENTS OR ITS
EMPLOYEES, FOR OTHER THAN VOTER REGISTRATION PURPOSES, SHALL BE DEEMED
AN UNWARRANTED INVASION OF PERSONAL PRIVACY PURSUANT TO THE PROVISIONS
OF SUBDIVISION TWO OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW AND
SHALL CONSTITUTE A VIOLATION OF THIS CHAPTER.
7. APPLICATION FORMS SHALL BE PROCESSED BY THE BOARD OF ELECTIONS IN
THE MANNER PRESCRIBED BY SECTION 5-210 OF THIS TITLE OR, IF THE APPLI-
CANT IS ALREADY REGISTERED TO VOTE FROM ANOTHER ADDRESS, IN THE MANNER
PRESCRIBED BY SECTION 5-208 OF THIS TITLE. THE BOARD SHALL SEND THE
APPROPRIATE NOTICE OF APPROVAL OR REJECTION AS REQUIRED BY EITHER SUBDI-
VISION NINE OF SECTION 5-210 OR SUBDIVISION FIVE OF SECTION 5-208, AS
APPROPRIATE.
8. STRICT NEUTRALITY WITH RESPECT TO A PERSON'S PARTY ENROLLMENT SHALL
BE MAINTAINED AND ALL PERSONS SEEKING VOTER REGISTRATION FORMS AND
INFORMATION SHALL BE ADVISED THAT GOVERNMENT SERVICES ARE NOT CONDI-
TIONED ON BEING REGISTERED TO VOTE.
9. NO STATEMENT SHALL BE MADE NOR ANY ACTION TAKEN TO DISCOURAGE THE
APPLICANT FROM REGISTERING TO VOTE.
10. THE DEPARTMENT OF MOTOR VEHICLES SHALL PROVIDE TO EACH PERSON WHO
CHOOSES TO REGISTER TO VOTE THE SAME LEVEL OF ASSISTANCE PROVIDED TO
PERSONS IN CONNECTION WITH THE COMPLETION OF THE AGENCY'S REQUISITE
INFORMATION, UNLESS SUCH PERSON REFUSES SUCH ASSISTANCE.
11. THE STATE BOARD OF ELECTIONS SHALL ADOPT SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS
SECTION. THE STATE BOARD OF ELECTIONS SHALL ALSO ADOPT SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO REQUIRE BOARDS OF ELECTIONS AND THE
DEPARTMENT OF MOTOR VEHICLES TO PROVIDE THE STATE BOARD OF ELECTIONS
WITH SUCH INFORMATION AND DATA AS THE STATE BOARD OF ELECTIONS DEEMS
NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION AND TO COMPILE SUCH
S. 1510--A 83 A. 2010--A
STATISTICS AS MAY BE REQUIRED BY THE UNITED STATES ELECTION ASSISTANCE
COMMISSION.
12. THE STATE BOARD OF ELECTIONS SHALL DEVELOP AND DISTRIBUTE PUBLIC
INFORMATION AND PROMOTIONAL MATERIALS RELATING TO THE PURPOSES AND
IMPLEMENTATION OF THIS PROGRAM.
13. THE STATE BOARD OF ELECTIONS SHALL PREPARE AND DISTRIBUTE TO THE
DEPARTMENT OF MOTOR VEHICLES WRITTEN INSTRUCTIONS AS TO THE IMPLEMENTA-
TION OF THE PROGRAM AND SHALL BE RESPONSIBLE FOR ESTABLISHING TRAINING
PROGRAMS FOR EMPLOYEES OF THE DEPARTMENT OF MOTOR VEHICLES INVOLVED IN
SUCH PROGRAM.
14. THE COMMISSIONER OF MOTOR VEHICLES SHALL TAKE ALL ACTIONS THAT ARE
NECESSARY AND PROPER FOR THE IMPLEMENTATION OF THIS SECTION. THE COMMIS-
SIONER OF MOTOR VEHICLES SHALL DESIGNATE ONE PERSON WITHIN THE AGENCY AS
THE AGENCY VOTER REGISTRATION COORDINATOR WHO WILL, UNDER THE DIRECTION
OF THE STATE BOARD OF ELECTIONS, BE RESPONSIBLE FOR THE VOTER REGISTRA-
TION PROGRAM IN SUCH AGENCY.
15. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE AND
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION AND DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO
VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO; (A) SHALL NOT BE
GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S FAILURE TO MAKE
SUCH DECLINATION; (B) SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFI-
CIAL AUTHORIZATION; AND (C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE
OF A CLAIM TO CITIZENSHIP.
16. NOTWITHSTANDING SUBDIVISION SIX OF SECTION 5-210 OF THIS TITLE AND
ANY OTHER LAW TO THE CONTRARY, A PERSON WHO IS INELIGIBLE TO VOTE WHO
FAILS TO DECLINE TO REGISTER TO VOTE IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, WHO THEN EITHER VOTES OR ATTEMPTS TO VOTE IN AN
ELECTION HELD AFTER THE EFFECTIVE DATE OF THAT PERSON'S REGISTRATION,
AND WHO DID NOT WILLFULLY OR KNOWINGLY SEEK TO REGISTER TO VOTE KNOWING
THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, AND DID NOT SUBSEQUENTLY VOTE
OR ATTEMPT TO VOTE KNOWING THAT HE OR SHE IS NOT ELIGIBLE TO DO SO, (A)
SHALL NOT BE GUILTY OF ANY CRIME AS THE RESULT OF THE APPLICANT'S FAIL-
URE TO MAKE SUCH DECLINATION AND SUBSEQUENT VOTE OR ATTEMPT TO VOTE; (B)
SHALL BE DEEMED TO HAVE BEEN REGISTERED WITH OFFICIAL AUTHORIZATION; AND
(C) SUCH ACT MAY NOT BE CONSIDERED AS EVIDENCE OF A CLAIM TO CITIZEN-
SHIP.
17. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE DEPARTMENT OF
MOTOR VEHICLES SHALL NOT TRANSMIT TO THE BOARD OF ELECTIONS ANY APPLICA-
TION FOR REGISTRATION OR PRE-REGISTRATION FOR A PERSON THAT IS, BY
VIRTUE OF DATA MAINTAINED BY THE DEPARTMENT, DEMONSTRABLY INELIGIBLE TO
REGISTER OR PRE-REGISTER TO VOTE BY REASON OF AGE OR NOT BEING A CITIZEN
OF THE UNITED STATES.
§ 2. Paragraph (a) of subdivision 2 of section 5-712 of the election
law, as amended by chapter 200 of the laws of 1996, is amended to read
as follows:
(a) The board of elections shall also send a confirmation notice to
every registered voter for whom it receives a notice of change of
address to an address not in such city or county [which] THAT is not
signed by the voter. Such change of address notices shall include, but
not be limited to, notices of change of address received pursuant to
subdivision eleven of section 5-211 and subdivision [six] FOUR of
section 5-212 of this article, notice of change of address from the
United States Postal Service through the National Change of Address
System or from any other agency of the federal government or any agency
S. 1510--A 84 A. 2010--A
of any state or local government and notice of a forwarding address on
mail sent to a voter by the board of elections and returned by the
postal service. Such confirmation notices shall be sent to such new
address.
§ 3. Subdivision 5 of section 5-210 of the election law is amended by
adding a new paragraph (n) to read as follows:
(N) THE FORM OF APPLICATION REQUIRED BY SECTION 5-212 OF THIS TITLE
SHALL BE DEEMED TO MEET THE REQUIREMENTS OF THIS SECTION.
§ 4. Subdivision 27 of section 1-104 of the election law is amended to
read as follows:
27. The term "personal application" means a signed writing [which]
THAT may be delivered by mailing [or], in person, OR ELECTRONICALLY.
§ 5. This act shall take effect April 1, 2020.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through X of this act shall be
as specifically set forth in the last section of such Parts.
2019-S1510B (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S1510B (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement good government and ethics reform budget for 2019-2020; enacts the Voter Enfranchisement Modernization Act of 2019 (Part C); relates to providing uniform polling hours during primary elections (Part I); relates to government vendor contributions, no such contribution shall be made during the restricted vendor contribution period if such vendor has submitted a bid, quotation, offer or response to such state governmental entity (Part K)
2019-S1510B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1510--B
I N S E N A T E
January 18, 2019
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT intentionally omitted (Part A); intentionally omitted (Part B);
to amend the election law, in relation to enacting the Voter Enfran-
chisement Modernization Act of 2019; in relation to establishing the
electronic personal voter registration process (Part C); intentionally
omitted (Part D); intentionally omitted (Part E); intentionally omit-
ted (Part F); intentionally omitted (Part G); intentionally omitted
(Part H); to amend the election law, in relation to providing uniform
polling hours during primary elections (Part I); intentionally omitted
(Part J); to amend the election law, in relation to prohibiting
vendors engaged in procurements with the state from making campaign
contributions to elected officials (Part K); intentionally omitted
(Part L); to amend the election law, in relation to prohibiting
certain loans to be made to candidates or political committees (Part
M); to amend the election law, in relation to authorizing computer
generated registration lists; in relation to the list of supplies to
be delivered to poll sites (Part N); intentionally omitted (Part O);
intentionally omitted (Part P); intentionally omitted (Part Q); inten-
tionally omitted (Part R); intentionally omitted (Part S); inten-
tionally omitted (Part T); intentionally omitted (Part U); to amend
the executive law and the general municipal law, in relation to
requiring the financial disclosures of certain local officials (Part
V); intentionally omitted (Part W); and intentionally omitted (Part X)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2019-2020
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through X. The effective date for each particular
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12575-03-9
S. 1510--B 2
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part,
including the effective date of the Part, which makes reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Intentionally Omitted
PART B
Intentionally Omitted
PART C
Section 1. Short title. This act shall be known as and may be cited as
the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
§ 2. Declaration of Legislative Intent. The right to vote is a funda-
mental right, the well-spring of all others, secured by the federal and
state constitutions. On-line forms of communication and conducting tran-
sactions did not exist at the time New York's paper-based voter regis-
tration system was enacted. In the last twenty years, many paper-based
processes have migrated to on-line processes, including filing tax
returns, applying for social security benefits, routine banking trans-
actions, official communications and purchase transactions of all types.
This on-line migration has improved cost efficiency, increased accessi-
bility and provided greater convenience to the public in many contexts.
The predominantly paper-based voter registration application process in
New York is antiquated and must be supplemented with on-line voter
registration. To remove unnecessary burdens to the fundamental right of
the people to vote, the State Board of Elections shall establish the
Voter Enfranchisement Modernization Program for the purpose of increas-
ing opportunities for voter registration by any person who is qualified
to be a voter under Article II of the New York State Constitution. This
effort modernizes voter registration and supplements the methods of
voter registration provided under current law.
§ 3. Article 5 of the election law is amended by adding a new title 8
to read as follows:
TITLE VIII
ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
SECTION 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM.
5-802. ONLINE VOTER REGISTRATION APPLICATION.
5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT
REGISTRATION.
§ 5-800. ELECTRONIC VOTER REGISTRATION TRANSMITTAL SYSTEM. IN ADDITION
TO ANY OTHER MEANS OF VOTER REGISTRATION PROVIDED FOR BY THIS CHAPTER,
THE STATE BOARD OF ELECTIONS SHALL ESTABLISH AND MAINTAIN AN ELECTRONIC
VOTER REGISTRATION TRANSMITTAL SYSTEM THROUGH WHICH APPLICANTS MAY APPLY
TO REGISTER TO VOTE ONLINE. THE STATE BOARD OF ELECTIONS SHALL ELEC-
TRONICALLY TRANSMIT SUCH APPLICATIONS TO THE APPLICABLE BOARD OF
ELECTIONS OF EACH COUNTY OR THE CITY OF NEW YORK FOR FILING, PROCESSING
AND VERIFICATION CONSISTENT WITH THIS CHAPTER. IN ACCORDANCE WITH TECH-
NICAL SPECIFICATIONS PROVIDED BY THE STATE BOARD OF ELECTIONS, EACH
S. 1510--B 3
BOARD OF ELECTIONS SHALL MAINTAIN A VOTER REGISTRATION SYSTEM CAPABLE OF
RECEIVING AND PROCESSING VOTER REGISTRATION APPLICATION INFORMATION,
INCLUDING ELECTRONIC SIGNATURES, FROM THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM ESTABLISHED BY THE STATE BOARD OF ELECTIONS. NOTWITH-
STANDING ANY OTHER INCONSISTENT PROVISION OF THIS CHAPTER, APPLICATIONS
FILED USING SUCH SYSTEM SHALL BE CONSIDERED FILED WITH THE APPLICABLE
BOARD OF ELECTIONS ON THE CALENDAR DATE THE APPLICATION IS INITIALLY
TRANSMITTED BY THE VOTER THROUGH THE ELECTRONIC VOTER REGISTRATION TRAN-
SMITTAL SYSTEM.
§ 5-802. ONLINE VOTER REGISTRATION APPLICATION. 1. A VOTER SHALL BE
ABLE TO APPLY TO REGISTER TO VOTE USING A PERSONAL ONLINE VOTER REGIS-
TRATION APPLICATION SUBMITTED THROUGH THE ELECTRONIC VOTER REGISTRATION
TRANSMITTAL SYSTEM WHEN THE VOTER:
(A) COMPLETES AN ELECTRONIC VOTER REGISTRATION APPLICATION PROMULGATED
BY THE STATE BOARD OF ELECTIONS WHICH SHALL INCLUDE ALL OF THE VOTER
REGISTRATION INFORMATION REQUIRED BY SECTION 5-210 OF THIS ARTICLE; AND
(B) AFFIRMS, SUBJECT TO PENALTY OF PERJURY, BY MEANS OF ELECTRONIC OR
MANUAL SIGNATURE, THAT THE INFORMATION CONTAINED IN THE VOTER REGISTRA-
TION APPLICATION IS TRUE AND THAT THE APPLICANT MEETS ALL OF THE QUALI-
FICATIONS TO BECOME A REGISTERED VOTER; AND
(C) CONSENTS TO THE USE OF AN ELECTRONIC COPY OF THE INDIVIDUAL'S
MANUAL SIGNATURE THAT IS IN THE CUSTODY OF THE DEPARTMENT OF MOTOR VEHI-
CLES, THE STATE BOARD OF ELECTIONS, OR OTHER AGENCY DESIGNATED BY
SECTIONS 5-211 OR 5-212 OF THIS ARTICLE, AS THE INDIVIDUAL'S VOTER
REGISTRATION EXEMPLAR SIGNATURE, OR PROVIDES SUCH A SIGNATURE BY DIRECT
UPLOAD IN A MANNER THAT COMPLIES WITH THE NEW YORK STATE ELECTRONIC
SIGNATURE AND RECORDS ACT AND THE RULES AND REGULATIONS PROMULGATED BY
THE STATE BOARD OF ELECTIONS.
2. THE BOARD OF ELECTIONS SHALL PROVIDE THE PERSONAL ONLINE VOTER
REGISTRATION APPLICATION IN ANY LANGUAGE REQUIRED BY THE FEDERAL VOTING
RIGHTS ACT OF 1965 (52 U.S.C. SEC. 10503) IN ANY COUNTY IN THE STATE.
3. THE ONLINE VOTER REGISTRATION APPLICATION PROCESS SHALL PROVIDE
REASONABLE ACCOMMODATIONS TO IMPROVE ACCESSIBILITY FOR PERSONS WITH
DISABILITIES, AND SHALL BE COMPATIBLE FOR USE WITH STANDARD ONLINE
ACCESSIBILITY ASSISTANCE TOOLS FOR PERSONS WITH VISUAL, PHYSICAL OR
PERCEPTIVE DISABILITIES.
4. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
FOR THE CREATION AND ADMINISTRATION OF AN ONLINE VOTER REGISTRATION
SYSTEM PURSUANT TO THIS SECTION.
§ 5-804. FAILURE TO PROVIDE EXEMPLAR SIGNATURE NOT TO PREVENT REGIS-
TRATION. IF A VOTER REGISTRATION EXEMPLAR SIGNATURE IS NOT PROVIDED BY
AN APPLICANT WHO SUBMITS A VOTER REGISTRATION APPLICATION PURSUANT TO
THIS TITLE AND SUCH SIGNATURE EXEMPLAR IS NOT OTHERWISE AVAILABLE FROM
THE STATEWIDE VOTER REGISTRATION DATABASE OR A STATE OR LOCAL AGENCY,
THE LOCAL BOARD OF ELECTIONS SHALL, ABSENT ANOTHER REASON TO REJECT THE
APPLICATION, PROCEED TO REGISTER AND, AS APPLICABLE, ENROLL THE APPLI-
CANT. WITHIN TEN DAYS OF SUCH ACTION, THE BOARD OF ELECTIONS SHALL SEND
A STANDARD FORM PROMULGATED BY THE STATE BOARD OF ELECTIONS TO THE VOTER
WHOSE RECORD LACKS AN EXEMPLAR SIGNATURE, REQUIRING SUCH VOTER TO SUBMIT
A SIGNATURE FOR IDENTIFICATION PURPOSES. THE VOTER SHALL SUBMIT TO THE
BOARD OF ELECTIONS A VOTER REGISTRATION EXEMPLAR SIGNATURE BY ANY ONE OF
THE FOLLOWING METHODS: IN PERSON, BY MAIL WITH RETURN POSTAGE PAID
PROVIDED BY THE BOARD OF ELECTIONS, BY ELECTRONIC MAIL, OR BY ELECTRONIC
UPLOAD TO THE BOARD OF ELECTIONS THROUGH THE ELECTRONIC VOTER REGISTRA-
TION TRANSMITTAL SYSTEM. IF SUCH VOTER DOES NOT PROVIDE THE REQUIRED
EXEMPLAR SIGNATURE, WHEN THE VOTER APPEARS TO VOTE THE VOTER SHALL BE
S. 1510--B 4
ENTITLED TO VOTE IN THE SAME MANNER AS A VOTER WITH A NOTATION INDICAT-
ING THE VOTER'S IDENTITY HAS NOT YET BEEN VERIFIED IN THE MANNER
PROVIDED BY SECTION 8-302 OF THIS CHAPTER.
§ 4. This act shall take effect on the earlier occurrence of: (i)
two years after it shall have become a law; provided, however, the state
board of elections shall be authorized to implement necessary rules and
regulations and to take steps required to implement this act immediate-
ly; or (ii) five days after the date of certification by the state board
of elections that the information technology infrastructure to substan-
tially implement this act is functional. Provided, further that the
state board of elections shall notify the legislative bill drafting
commission upon the occurrence of the enactment of the legislation
provided for in this act in order that the commission may maintain an
accurate and timely effective data base of the official text of the laws
of the state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and section 70-b of the public
officers law.
PART D
Intentionally Omitted
PART E
Intentionally Omitted
PART F
Intentionally Omitted
PART G
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Section 1. Subdivision 2 of section 8-100 of the election law, as
amended by chapter 367 of the laws of 2017, is amended to read as
follows:
2. Polls shall be open for voting during the following hours: a prima-
ry election from [twelve o'clock noon until nine o'clock in the evening,
except in the city of New York and the counties of Nassau, Suffolk,
Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such
city or county from] six o'clock in the morning until nine o'clock in
the evening; the general election from six o'clock in the morning until
nine o'clock in the evening; a special election called by the governor
pursuant to the public officers law, and, except as otherwise provided
by law, every other election, from six o'clock in the morning until nine
o'clock in the evening; EARLY VOTING HOURS SHALL BE AS PROVIDED IN TITLE
SIX OF THIS ARTICLE.
§ 2. This act shall take effect on the first of January after it shall
have become a law and shall apply to any election held 120 days after.
S. 1510--B 5
PART J
Intentionally Omitted
PART K
Section 1. The election law is amended by adding a new section 14-131
to read as follows:
§ 14-131. GOVERNMENT VENDOR CONTRIBUTIONS. 1. (A) IT SHALL BE UNLAWFUL
DURING THE RESTRICTED VENDOR CONTRIBUTION PERIOD FOR ANY PERSON, ORGAN-
IZATION, GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS AN APPLICA-
TION FOR ANY LICENSE OR A BID, QUOTATION, OFFER OR RESPONSE TO A STATE
GOVERNMENTAL ENTITY POSTING OR SOLICITATION FOR PROCUREMENT TO MAKE A
CONTRIBUTION TO ANY OFFICEHOLDER OF OR WITH AUTHORITY OVER THE STATE
GOVERNMENTAL ENTITY OR ENTITIES RESPONSIBLE FOR ISSUING SUCH PROCUREMENT
POSTING, LICENSE OR SOLICITATION, EVALUATING RESPONSES TO THE PROCURE-
MENT POSTING, LICENSE OR SOLICITATION FOR PURPOSES OF DETERMINING AN
AWARD, OR APPROVING THE SELECTION OF AN AWARDEE, OR AWARDING THE FINAL
CONTRACT OR LICENSE, OR TO ANY CANDIDATE FOR AN OFFICE OF SUCH GOVERN-
MENTAL ENTITY, INCLUDING TO SUCH OFFICEHOLDER'S OR CANDIDATE'S AUTHOR-
IZED POLITICAL COMMITTEES OR POLITICAL COMMITTEES THE OFFICEHOLDER OR
CANDIDATE EXERTS OPERATIONAL CONTROL OVER. IT SHALL FURTHER BE UNLAWFUL,
PURSUANT TO SECTION 14-120 OF THIS ARTICLE, TO MAKE CONTRIBUTIONS TO
POLITICAL COMMITTEES NOT AUTHORIZED OR OPERATIONALLY CONTROLLED BY THE
OFFICEHOLDER OR CANDIDATE FOR THE PURPOSE OF TRANSFERRING A CONTRIBUTION
TO THE OFFICEHOLDER'S OR CANDIDATE'S AUTHORIZED POLITICAL COMMITTEES OR
POLITICAL COMMITTEES THEY EXERT OPERATIONAL CONTROL OVER.
(B) FOR PURPOSES OF THIS SECTION THE ASSEMBLY AND SENATE SHALL BE
SEPARATE AND DISTINCT GOVERNMENTAL ENTITIES WHEN A PARTICULAR POSTING OR
SOLICITATION FOR PROCUREMENT IS ISSUED BY ONLY ONE RESPECTIVE HOUSE.
(C) THE STATE GOVERNMENTAL ENTITY DIRECTLY RESPONSIBLE FOR ISSUING
SUCH POSTING, LICENSE OR SOLICITATION FOR PROCUREMENT SHALL INCLUDE A
NOTICE OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE STATE
GOVERNMENTAL ENTITY RESPONSIBLE FOR EVALUATING RESPONSES TO SUCH POST-
ING, LICENSE OR SOLICITATION SHALL PROVIDE TO ANY PERSON, ORGANIZATION,
GROUP OF PERSONS, OR BUSINESS ENTITY THAT SUBMITS AN APPLICATION OR A
PROPOSAL IN RESPONSE TO SUCH POSTING, LICENSE OR SOLICITATION A NOTICE
OF THE PROHIBITION ESTABLISHED BY THIS SECTION AND THE RESTRICTED VENDOR
CONTRIBUTION PERIOD COMMENCEMENT DATE.
2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "BUSINESS ENTITY" SHALL MEAN A BUSINESS CORPORATION, PROFESSIONAL
SERVICES CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, LIMITED
PARTNERSHIP, BUSINESS TRUST, ASSOCIATION OR ANY OTHER LEGAL COMMERCIAL
ENTITY ORGANIZED UNDER THE LAWS OF THIS STATE OR ANY OTHER STATE OR
FOREIGN JURISDICTION, INCLUDING ANY SUBSIDIARY DIRECTLY OR INDIRECTLY
CONTROLLED BY THE BUSINESS ENTITY, AND ANY POLITICAL ORGANIZATION,
INCLUDING BUT NOT LIMITED TO ANY POLITICAL ORGANIZATION ORGANIZED UNDER
SECTION 527 OF THE INTERNAL REVENUE CODE, THAT IS DIRECTLY OR INDIRECTLY
CONTROLLED BY THE BUSINESS ENTITY.
(B) "LICENSE" SHALL MEAN ANY ACTIVITY RESPECTING THE GRANT, DENIAL,
RENEWAL, REVOCATION, ENFORCEMENT, SUSPENSION, ANNULMENT, WITHDRAWAL,
RECALL, CANCELLATION OR AMENDMENT OF A LICENSE, PERMIT OR OTHER FORM OF
PERMISSION CONFERRING THE RIGHT OR PRIVILEGE TO ENGAGE IN ANY BUSINESS
ACTIVITY REGULATED BY A REGULATORY AGENCY THAT IN THE ABSENCE OF SUCH
LICENSE, PERMIT OR OTHER FORM OF PERMISSION WOULD BE PROHIBITED BUT
S. 1510--B 6
SHALL NOT INCLUDE ANY INDIVIDUAL LICENSES FOR PRACTICING A PROFESSION
PRESCRIBED IN TITLE EIGHT OF THE EDUCATION LAW, OR ROUTINE LICENSES AND
PERMITS FOR INDIVIDUAL PRIVILEGES, INCLUDING LICENSES FOR OPERATING A
MOTOR VEHICLE.
3. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL COMMENCE, WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP
OF PERSONS, OR BUSINESS ENTITY WHEN IT FILES A STATEMENT OF REGISTRATION
PURSUANT TO SECTION ONE-E OF THE LEGISLATIVE LAW, OR ENGAGES LOBBYING,
AS DEFINED BY SUBDIVISION (C) OF SECTION ONE-C OF THE LEGISLATIVE LAW,
TO GENERATE A PROCUREMENT OPPORTUNITY OR PILOT PROGRAM OR SUBMITS AN
APPLICATION FOR A LICENSE OR A BID, QUOTATION, OFFER OR RESPONSE TO THE
STATE GOVERNMENTAL ENTITY POSTING OR SOLICITATION, AT THE EARLIEST DATE
OF APPLICATION OR POSTING, ON A STATE GOVERNMENTAL ENTITY'S WEBSITE, IN
A NEWSPAPER OF GENERAL CIRCULATION OR IN THE PROCUREMENT OPPORTUNITIES
NEWSLETTER IN ACCORDANCE WITH ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
LAW OF WRITTEN NOTICE, ADVERTISEMENT OR SOLICITATION OF A REQUEST FOR
PROPOSAL, INVITATION FOR BIDS, OR SOLICITATIONS OF PROPOSALS, OR ANY
OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE
FROM OFFERERS INTENDING TO RESULT IN A PROCUREMENT CONTRACT OR LICENSE
WITH A STATE GOVERNMENTAL ENTITY. THE RESTRICTED VENDOR CONTRIBUTION
PERIOD DOES NOT APPLY TO A PERSON, ORGANIZATION, GROUP OF PERSONS OR
BUSINESS ENTITY THAT IS RESPONDING TO A STATE GOVERNMENTAL ENTITY'S
REQUEST FOR INFORMATION OR OTHER INFORMATIONAL EXCHANGES OCCURRING PRIOR
TO SUCH GOVERNMENTAL ENTITY'S POSTING OR SOLICITATION FOR PROCUREMENT
PROVIDED IT HAS NOT FILED A STATEMENT OF REGISTRATION PURSUANT TO
SECTION ONE-E OF THE LEGISLATIVE LAW OR ENGAGED IN LOBBYING, AS DEFINED
BY SUBDIVISION (C) OF SECTION ONE-C OF THE LEGISLATIVE LAW, TO GENERATE
A PROCUREMENT OPPORTUNITY OR PILOT PROGRAM.
4. THE RESTRICTED VENDOR CONTRIBUTION PERIOD DESCRIBED IN THIS SECTION
SHALL END WITH RESPECT TO A SPECIFIC PERSON, ORGANIZATION, GROUP OF
PERSONS, OR BUSINESS ENTITY IF:
(A) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS
THE RECIPIENT OF THE FINAL CONTRACT OR LICENSE AWARD, THE RESTRICTED
VENDOR CONTRIBUTION PERIOD SHALL END SIX MONTHS AFTER THE FINAL CONTRACT
OR LICENSE AWARD AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND,
WHERE APPLICABLE, THE STATE COMPTROLLER AND IF THE PERSON, ORGANIZATION,
GROUP OF PERSONS OR BUSINESS ENTITY DOES NOT LOBBY ON THE EXECUTION OF
THE CONTRACT OR LICENSE AFTER ITS AWARD; OR
(B) THE PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY IS
NOT THE RECIPIENT OF THE FINAL CONTRACT AWARD, THE RESTRICTED VENDOR
CONTRIBUTION PERIOD SHALL END WITH THE FINAL CONTRACT OR LICENSE AWARD
AND APPROVAL BY THE STATE GOVERNMENTAL ENTITY AND, WHERE APPLICABLE, THE
STATE COMPTROLLER.
5. THE RESTRICTED VENDOR CONTRIBUTION PERIOD SHALL RECOMMENCE IF A
PERSON, ORGANIZATION, GROUP OF PERSONS OR BUSINESS ENTITY ENGAGES IN
ACTIVITY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
§ 2. Section 14-126 of the election law is amended by adding a new
subdivision 8 to read as follows:
8. (A) ANY PERSON, ORGANIZATION, GROUP OF PERSONS, OR BUSINESS ENTITY
AS THAT TERM IS USED IN SECTION 14-131 OF THIS ARTICLE, WHO, UNDER
CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
UTION IN CONTRAVENTION OF SECTION 14-131 OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE GREATER OF TEN THOUSAND
DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF THE CONTRIBUTION,
TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
BY THE STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL.
S. 1510--B 7
(B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION OR RECEIVES A
TRANSFER IN CONTRAVENTION OF SECTION 14-131 OF THIS ARTICLE SHALL BE
REQUIRED TO REFUND SUCH CONTRIBUTION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART L
Intentionally Omitted
PART M
Section 1. Subdivision 6 of section 14-114 of the election law is
amended by adding a new paragraph c to read as follows:
C. LOBBYISTS, AS DEFINED BY SUBDIVISION (A) OF SECTION ONE-C OF THE
LEGISLATIVE LAW OR BY SUBDIVISION (A) OF SECTION 3-211 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK, POLITICAL ACTION COMMITTEES, LABOR
UNIONS, AND ANY PERSON WHO HAS REGISTERED WITH THE STATE BOARD OF
ELECTIONS AS AN INDEPENDENT EXPENDITURE COMMITTEE PURSUANT TO SUBDIVI-
SION THREE OF SECTION 14-107 OF THIS ARTICLE ARE PROHIBITED FROM MAKING
LOANS TO CANDIDATES OR POLITICAL COMMITTEES; PROVIDED, HOWEVER, THAT A
LOBBYIST SHALL NOT BE PROHIBITED FROM MAKING A LOAN TO HIMSELF OR
HERSELF OR TO HIS OR HER OWN POLITICAL COMMITTEE WHEN SUCH LOBBYIST IS A
CANDIDATE FOR OFFICE.
§ 2. This act shall take effect immediately.
PART N
Section 1. Section 1-104 of the election law is amended by adding a
new subdivision 38 to read as follows:
38. "COMPUTER GENERATED REGISTRATION LIST" MEANS A PRINTED OR ELEC-
TRONIC LIST OF VOTERS IN ALPHABETICAL ORDER FOR A SINGLE ELECTION
DISTRICT OR POLL SITE, GENERATED FROM A COMPUTER REGISTRATION FILE FOR
EACH ELECTION AND CONTAINING FOR EACH VOTER LISTED, A FACSIMILE OF THE
SIGNATURE OF THE VOTER. SUCH A LIST MAY BE IN A SINGLE VOLUME OR IN MORE
THAN ONE VOLUME. THE LIST MAY BE UTILIZED IN PLACE OF REGISTRATION POLL
RECORDS, TO ESTABLISH A PERSON'S ELIGIBILITY TO VOTE IN THE POLLING
PLACE ON ELECTION DAY.
(A) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE MINIMUM SECURITY
STANDARDS FOR ANY ELECTRONIC DEVICE, AND ANY NETWORK OR SYSTEM TO WHICH
THE ELECTRONIC DEVICE IS CONNECTED, THAT IS USED TO STORE OR OTHERWISE
ACCESS A COMPUTER GENERATED REGISTRATION LIST, AND SHALL ALSO PROMULGATE
A LIST OF DEVICES THAT ARE APPROVED FOR USE. NO LOCAL BOARD OF ELECTIONS
SHALL BE PERMITTED TO USE SUCH A DEVICE UNLESS THE STATE BOARD OF
ELECTIONS HAS PREVIOUSLY APPROVED THE DEVICE FOR USE AND HAS CERTIFIED
THAT THE NETWORK OR SYSTEM TO WHICH THE ELECTRONIC DEVICE IS CONNECTED
IS COMPLIANT WITH THE MINIMUM SECURITY STANDARDS.
(B) THE MINIMUM SECURITY STANDARDS FOR SUCH DEVICES SHALL BE COMMENSU-
RATE WITH THE LEVEL OF SECURITY RISK APPLICABLE TO SUCH DEVICES AND
SHALL SPECIFICALLY TAKE INTO ACCOUNT ANY SECURITY RISK ASSOCIATED WITH
VOTING EQUIPMENT-RELATED SUPPLY CHAINS IN ADDITION TO ANY OTHER APPLICA-
BLE SECURITY RISK.
(C) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE MINIMUM REDUNDANCY
PROCEDURES TO ENSURE A LIST OF REGISTRATION RECORDS IS AVAILABLE THAT
PROVIDES NECESSARY INFORMATION IN A COMPRESSED FORMAT TO ENSURE VOTING
S. 1510--B 8
CONTINUES IF THE ELECTRONIC COMPUTER GENERATED REGISTRATION SYSTEM
BECOMES UNAVAILABLE FOR ANY POLL SITE OR ELECTION DISTRICT THAT UTILIZES
SUCH AN ELECTRONIC COMPUTER GENERATED REGISTRATION LIST.
§ 2. Subdivision 1 of section 4-128 of the election law, as amended by
chapter 125 of the laws of 2011, is amended to read as follows:
1. The board of elections of each county shall provide the requisite
number of official and facsimile ballots, two cards of instruction to
voters in the form prescribed by the state board of elections, at least
one copy of the instruction booklet for inspectors, a sufficient number
of maps, street finders or other descriptions of all of the polling
places and election districts within the political subdivision in which
the polling place is located to enable the election inspectors and poll
clerks to determine the correct election district and polling place for
each street address within the political subdivision in which the poll-
ing place is located, distance markers, tally sheets and return blanks,
pens, [black ink, or ball point pens with black ink,] pencils [having
black lead], OR OTHER APPROPRIATE MARKING DEVICES, envelopes for the
ballots of voters whose registration poll records are not in the ledger
or whose names are not [on] IN the computer generated registration list,
envelopes for returns, identification buttons, badges or emblems for the
inspectors and clerks in the form prescribed by the state board of
elections and such other articles of stationery as may be necessary for
the proper conduct of elections, except that when a town, city or
village holds an election not conducted by the board of elections, the
clerk of such town, city or village, shall provide such official and
facsimile ballots and the necessary blanks, supplies and stationery for
such election.
§ 3. Subdivision c of section 4-132 of the election law, as amended by
chapter 164 of the laws of 1985, is amended to read as follows:
c. A booth or device in each election district for the use of voters
marking ballots. Such booth or device shall be so constructed as to
permit the voter to mark his OR HER ballot in secrecy and shall be
furnished at all times with [a pencil having black lead only] AN APPRO-
PRIATE MARKING DEVICE.
§ 4. Section 4-134 of the election law, the section heading as amended
by chapter 373 of the laws of 1978, subdivisions 1 and 3 as amended by
chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
of the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
of the laws of 1990, is amended to read as follows:
§ 4-134. Preparation and delivery of ballots, supplies and equipment
for use at elections. 1. The board of elections shall deliver, at its
office, to the clerk of each town or city in the county, except the
cities of New York, Buffalo and Rochester and to the clerk of each
village in the county in which elections are conducted by the board of
elections, by the Saturday before the primary, general, village or other
election for which they are required: the official and sample ballots;
ledgers prepared for delivery in the manner provided in subdivision two
of this section and containing the registration poll records of all
persons entitled to vote at such election in such town, city or village,
or computer generated registration lists containing the names of all
persons entitled to vote at such election in such town, city or village;
challenge reports prepared as directed by this chapter; sufficient
applications for registration by mail; sufficient ledger seals and other
supplies and equipment required by this article to be provided by the
board of elections for each polling place in such town, city or village.
The town, city or village clerk shall call at the office of such board
S. 1510--B 9
of elections at such time and receive such ballots, supplies and equip-
ment. In the cities of New York, Buffalo and Rochester the board of
elections shall cause such ballots, supplies and equipment to be deliv-
ered to the board of inspectors of each election district approximately
one-half hour before the opening of the polls for voting, and shall take
receipts therefor.
2. The board of elections shall provide for each election district a
ledger or ledgers containing the registration poll records or [printed]
lists with computer generated facsimile signatures, of all persons enti-
tled to vote in such election district at such election. Such ledgers
shall be labelled, sealed, locked and transported in locked carrying
cases. After leaving the board of elections no such carrying case shall
be unlocked except at the time and in the manner provided in this chap-
ter.
3. [Any envelope containing absentee voters' ballots on which the
blanks have not been properly filled in shall be stamped to indicate the
defect and shall be preserved by the board for at least one year after
the receipt thereof.
4.] Each kind of official ballot shall be arranged in a package in the
consecutive order of the numbers printed on the stubs thereof beginning
with number one. All official and sample ballots for each election
district shall be in separate sealed packages, clearly marked on the
outside thereof, with the number and kind of ballots contained therein
and indorsed with the designation of the election district for which
they were prepared. The other supplies provided for each election
district also shall be [inclosed] ENCLOSED in a sealed package, or pack-
ages, with a label on the outside thereof showing the contents of each
package.
[5. Each town, city and village clerk receiving such packages shall
cause all] 4. ALL such packages so received and marked for any election
district [to] SHALL be delivered unopened and with the seals thereof
unbroken to the inspectors of election of such election districts at
least [one-half] ONE hour before the opening of the polls of such
election therein, [and] WHO shall [take] GIVE a receipt therefor speci-
fying the number and kind of packages delivered. [At the same time each
such clerk shall cause to be delivered to such inspectors the equipment
described in subdivision two of this section and shall cause a receipt
to be taken therefor.
6.] 5. Town, city and village clerks required to provide official and
sample ballots, registration records, seals, supplies and equipment, as
described in this section, for town, city and village elections not
conducted by the board of elections, shall in like manner, deliver them
to the inspectors or presiding officers of the election at each polling
place at which such meetings and elections are held, respectively, in
like sealed packages marked on the outside in like manner, and shall
take receipts therefor in like manner.
§ 5. Subdivision 1 of section 5-302 of the election law, as separately
amended by chapter 164 and chapter 558 of the laws of 1985, is amended
to read as follows:
1. Before placing the registration poll record in the poll ledger OR
IN THE COMPUTER GENERATED REGISTRATION LIST, the board shall enter in
the space provided therefor [on the back of such registration poll
record] the name of the party designated by the voter on his application
form, provided such party continues to be a party as defined in this
law. If such party ceases to be a party at any time, either before or
after such enrollment is so entered, the enrollment of such voter shall
S. 1510--B 10
be deemed to be blank and shall be entered as such until such voter
files an application for change of enrollment pursuant to the provisions
of this chapter. [In the city of New York the board shall also affix a
gummed sticker of a different color for each party in a place on such
registration poll record immediately adjacent to such entry.] The board
shall enter the date of such entry and affix initials thereto in the
space provided.
§ 6. Paragraph c of subdivision 3 of section 5-506 of the election
law, as amended by chapter 659 of the laws of 1994, is amended to read
as follows:
c. The computer generated registration list prepared for each election
in each election district shall be [printed by a printer] PREPARED IN A
MANNER which meets or exceeds standards for clarity and speed of
[reproduction] PRODUCTION established by the state board of elections,
shall be in a form approved by such board, shall include the names of
all voters eligible to vote in such election and shall be in alphabet-
ical order, except that, at a primary election, the names of the voters
enrolled in each political party may be placed in a separate part of the
list or in a separate list, as the board of elections in its discretion,
may determine. Such list shall contain, adjacent to each voter's name,
OR IN A SPACE SO DESIGNATED, at least the following: street address,
date of birth, party enrollment, year of registration, a computer
reproduced facsimile of the voter's signature or an indication that the
voter is unable to sign his name, a place for the voter to sign his name
at such election and a place for the inspectors to mark the voting
machine number, the public counter number [and] IF ANY, OR the number of
any paper ballots given the voter.
§ 7. Subdivision 2 of section 8-202 of the election law, as amended by
chapter 164 of the laws of 2010, is amended to read as follows:
2. The exterior of any ballot scanner, ballot marking device and
privacy booth and every part of the polling place shall be in plain view
of the election inspectors and watchers. The ballot scanners, ballot
marking devices, and privacy booths shall be placed at least four feet
from the table used by the inspectors in charge of the poll [books]
LEDGER OR COMPUTER GENERATED REGISTRATION LIST. The guard-rail shall be
at least three feet from the machine and the table used by the inspec-
tors. The election inspectors shall not themselves be, or allow any
other person to be, in any position or near any position, that will
permit one to see or ascertain how a voter votes, or how he or she has
voted nor shall they permit any other person to be less than three feet
from the ballot scanner, ballot marking device, or privacy booth while
occupied. The election inspectors or clerks attending the ballot scan-
ner, ballot marking device, or privacy booth shall regularly inspect the
face of the ballot scanner, ballot marking device, or the interior of
the privacy booth to see that the ballot scanner, ballot marking device,
or privacy booth has not been damaged or tampered with. During elections
the door or other covering of the counter compartment of the machine
shall not be unlocked or opened except by a member of the board of
elections, a voting machine custodian or any other person upon the
specific instructions of the board of elections.
§ 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the election
law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
ing paragraph of paragraph (e) of subdivision 3 as amended by chapter
125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
S. 1510--B 11
vision 3 as separately amended by chapters 3 and 6 of the laws of 2019,
are amended to read as follows:
2. The voter shall give [his] THE VOTER'S name and [his] THE VOTER'S
residence address to the inspectors. An inspector shall then loudly and
distinctly announce the name and residence of the voter.
2-a. (a) If a voter's name appears in the LEDGER OR computer generated
registration list with a notation indicating that the voter's identity
was not yet verified as required by the federal Help America Vote Act,
the inspector shall require that the voter produce one of the following
types of identification before permitting the voter to cast his or her
vote on the voting machine:
(i) a driver's license or department of motor vehicles non-driver
photo ID card or other current and valid photo identification;
(ii) a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and
address of the voter.
(b) If the voter produces an identification document listed in para-
graph (a) of this subdivision, the inspector shall indicate so in the
LEDGER OR computer generated registration list, the voter will be deemed
verified as required by the federal Help America Vote Act and the voter
shall be permitted to cast his or her vote on the voting machine.
(c) If the voter does not produce an identification document listed in
paragraph (a) of this subdivision, the voter shall only be entitled to
vote by affidavit ballot unless a court order provides otherwise.
3. (a) If an applicant is challenged, the board, without delay, shall
either enter his name in the second section of the challenge report
together with the other entries required to be made in such section
opposite the applicant's name or make an entry next to [his] THE VOTER'S
name [on] IN the computer generated registration list or in the place
provided [at the end of] IN the computer generated registration list.
(b) A person who claims to have moved to a new address within the
election district in which he OR SHE is registered to vote shall be
permitted to vote in the same manner as other voters unless challenged
on other grounds. The inspectors shall enter the names and new addresses
of all such persons in either the first section of the challenge report
or in the place provided [at the end of] IN the computer generated
registration list and shall also enter the new address next to such
person's address on such computer generated registration list. When the
registration poll records of persons who have voted from new addresses
within the same election district are returned to the board of
elections, such board shall change the addresses on the face of such
registration poll records without completely obliterating the old
addresses and shall enter such new addresses and the new addresses for
any such persons whose names were [on] IN computer generated registra-
tion lists into its computer records for such persons.
(c) A person who claims a changed name shall be permitted to vote in
the same manner as other voters unless challenged on other grounds. The
inspectors shall either enter the names of all such persons in the first
section of the challenge report or in the place provided [at the end of]
IN the computer generated registration list, in the form in which they
are registered, followed in parentheses by the name as changed or enter
the name as changed next to such voter's name on the computer generated
registration list. The voter shall sign first on the registration poll
record or [on] IN the computer generated registration list, the name
under which the voter is registered and, immediately above it, the new
name, provided that [on] IN such [a computer generated] registration
S. 1510--B 12
list, the new name may be signed in the place provided [at the end of
such list]. When the registration poll record of a person who has voted
under a new name is returned to the board of elections, such board shall
change [his] THE VOTER'S name on the face of each [of his] registration
[records] RECORD without completely obliterating the old one, and there-
after such person shall vote only under his OR HER new name. If a voter
has signed a new name [on] IN a computer generated registration list,
such board shall enter such voter's new name and new signature in such
voter's computer record.
(d) If an applicant requests assistance in voting and qualifies there-
for, the board shall provide assistance as directed by this chapter, and
shall without delay either enter such applicant's name and the other
entries required in the third section of the challenge report or make an
entry next to such applicant's name [on] IN the computer generated
registration list or in the place provided [at the end of the computer
generated] IN SUCH registration list.
(e) Whenever a voter presents himself or herself and offers to cast a
ballot, and he or she claims to live in the election district in which
he or she seeks to vote but no registration poll record can be found for
him or her in the poll ledger or his or her name does not appear [on] IN
the computer generated registration list or his or her signature does
not appear next to his or her name [on] IN such [computer generated]
registration list or his or her registration poll record or the computer
generated registration list does not show him or her to be enrolled in
the party in which he or she claims to be enrolled, a poll clerk or
election inspector shall consult a map, street finder or other
description of all of the polling places and election districts within
the political subdivision in which said election district is located and
if necessary, contact the board of elections to obtain the relevant
information and advise the voter of the correct polling place and
election district for the residence address provided by the voter to
such poll clerk or election inspector. Thereafter, such voter shall be
permitted to vote in said election district only as hereinafter
provided:
(i) He OR SHE may present a court order requiring that he OR SHE be
permitted to vote. At a primary election, such a court order must speci-
fy the party in which the voter is permitted to vote. [He] THE VOTER
shall be required to sign [his] THEIR full name on top of the first page
of such order, together with [his] THE VOTER'S registration serial
number, if any, and [his] THE VOTER'S name and the other entries
required shall then be entered without delay in the fourth section of
the challenge report or in the place provided [at the end of] IN the
computer generated registration list, or, if such person's name appears
on [the computer generated] SUCH registration list, the board of
elections may provide a place to make such entry next to his OR HER name
on such list. The voter shall then be permitted to vote in the manner
otherwise prescribed for voters whose registration poll records are
found in the ledger or whose names are found on the computer generated
registration list; or
(ii) He or she may swear to and subscribe an affidavit stating that he
or she has duly registered to vote, the address in such election
district from which he or she registered, that he or she remains a duly
qualified voter in such election district, that his or her registration
poll record appears to be lost or misplaced or that his or her name
and/or his or her signature was omitted from the computer generated
registration list or such record indicates the voter already voted when
S. 1510--B 13
he or she did not do so or that he or she has moved within New York
state since he or she last registered, the address from which he or she
was previously registered and the address at which he or she currently
resides, and at a primary election, the party in which he or she is
enrolled. The inspectors of election shall offer such an affidavit to
each such voter whose residence address is in such election district.
Each such affidavit shall be in a form prescribed by the state board of
elections, shall be printed on an envelope of the size and quality used
for an absentee ballot envelope, and shall contain an acknowledgment
that the affiant understands that any false statement made therein is
perjury punishable according to law. Such form prescribed by the state
board of elections shall request information required to register such
voter should the county board determine that such voter is not regis-
tered and shall constitute an application to register to vote. The
voter's name and the entries required shall then be entered without
delay and without further inquiry in the fourth section of the challenge
report or in the place provided [at the end of] IN the computer gener-
ated registration list, with the notation that the voter has executed
the affidavit hereinabove prescribed, or, if such person's name appears
[on the computer generated] IN SUCH registration list, the board of
elections may provide a place to make such entry next to his or her name
[on] IN such list. The voter shall then, without further inquiry, be
permitted to vote an affidavit ballot provided for by this chapter. Such
ballot shall thereupon be placed in the envelope containing his or her
affidavit, and the envelope sealed and returned to the board of
elections in the manner provided by this chapter for protested official
ballots, including a statement of the number of such ballots.
4. At a primary election, a voter whose registration poll record is in
the ledger OR COMPUTER GENERATED REGISTRATION LIST shall be permitted to
vote only in the primary of the party in which such record shows [him]
THE VOTER to be enrolled unless [he] THE VOTER shall present a court
order pursuant to the provisions of subparagraph (i) of paragraph (e) of
subdivision three of this section requiring that [he] THE VOTER be
permitted to vote in the primary of another party, or unless [he] THE
VOTER shall present a certificate of enrollment issued by the board of
elections, not earlier than one month before such primary election,
pursuant to the provisions of this chapter which certifies that [he] THE
VOTER is enrolled in a party other than the one in which such record
shows [him] THE VOTER to be enrolled, or unless he OR SHE shall
subscribe an affidavit pursuant to the provisions of subparagraph (ii)
of paragraph (e) of subdivision three of this section.
5. Except for voters unable to sign their names, no person shall be
permitted to vote without first identifying himself OR HERSELF as
required by this chapter.
§ 9. Subdivisions 1, 2 and 3 of section 8-304 of the election law,
subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986, are
amended to read as follows:
1. A person before being allowed to vote shall be required, except as
provided in this chapter, to sign his OR HER name on the back of his OR
HER registration poll record on the first line reserved for his OR HER
signature at the time of election which is not filled with a previous
signature, or [on the line of] IN THE SPACE PROVIDED IN the computer
generated registration list reserved for [his] THE VOTER'S signature.
The two inspectors in charge shall satisfy themselves by a comparison of
this signature with [his] THE VOTER'S registration signature and by
comparison of [his] THE VOTER'S appearance with the descriptive material
S. 1510--B 14
on the face of the registration poll record that [he] THE VOTER is the
person registered. If they are so satisfied they shall enter the other
information required for the election on the same line with the voter's
latest signature, shall sign their names or initials in the spaces
provided therefor, and shall permit the applicant to vote. Any inspector
or inspectors not satisfied shall challenge the applicant forthwith.
2. If a person who alleges [his] AN inability to sign his OR HER name
presents himself OR HERSELF to vote, the board of inspectors shall
permit [him] SUCH PERSON to vote, unless challenged on other grounds,
provided [he] THE VOTER had been permitted to register without signing
[his] THE VOTER'S name. The board shall enter the words "Unable to Sign"
in the space on [his] THE VOTER'S registration poll record reserved for
[his] THE VOTER'S signature or on the line [of] OR SPACE the computer
generated registration list reserved for [his] THE VOTER'S signature at
such election. If [his] THE VOTER'S signature appears upon [his] THE
VOTER'S registration record or [upon] IN the computer generated regis-
tration list the board shall challenge [him] THE VOTER forthwith, except
that if such a person claims that he OR SHE is unable to sign his OR HER
name by reason of a physical disability incurred since [his] THE VOTER'S
registration, the board, if convinced of the existence of such disabili-
ty, shall permit him OR HER to vote, shall enter the words "Unable to
Sign" and a brief description of such disability in the space reserved
for [his] THE VOTER'S signature at such election. At each subsequent
election, if such disability still exists, [he] THE VOTER shall be enti-
tled to vote without signing [his] THEIR name and the board of inspec-
tors, without further notation, shall enter the words "Unable to Sign"
in the space reserved for [his] THE VOTER'S signature at such election.
3. The voter's FACSIMILE signature [made by him upon registration and
his signature made at subsequent elections] shall be effectively
concealed from the voter by a blotter or [piece of opaque paper] OTHER
MEANS until after the voter shall have completed [his] THE signature.
§ 10. Subdivision 3 of section 8-306 of the election law, as amended
by chapter 154 of the laws of 1991, is amended to read as follows:
3. Any voter who requires assistance to vote by reason of blindness,
disability or inability to read or write may be given assistance by a
person of the voter's choice, other than the voter's employer or agent
of the employer or officer or agent of the voter's union. A voter enti-
tled to assistance in voting who does not select a particular person may
be assisted by two election inspectors not of the same political faith.
The inspectors or person assisting a voter shall enter the voting
machine or booth with [him] THE VOTER, help [him] THE VOTER in the prep-
aration of [his] THE VOTER'S ballot and, if necessary, in the return of
the voted ballot to the inspectors for deposit in the ballot box. The
inspectors shall enter in the [remarks space on the registration poll
card of an assisted voter, or next to the name of] SPACE PROVIDED FOR
such voter [on] IN the computer generated registration list, the name of
each officer or person rendering such assistance.
§ 11. Subdivision 2 of section 8-508 of the election law, as amended
by chapter 200 of the laws of 1996, paragraph (b) as amended by chapter
6 of the laws of 2019, is amended to read as follows:
2. (a) The first section of such report shall be reserved for the
inspectors of election to enter the name, address and registration seri-
al number of each person who claims a change in name, or a change of
address within the election district, together with the new name or
address of each such person. In lieu of preparing section one of the
challenge list, the board of elections may provide, next to the name of
S. 1510--B 15
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section one, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(b) The second section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who is challenged at the time of voting together with the
reason for the challenge. If no voters are challenged, the board of
inspectors shall enter the words "No Challenges" across the space
reserved for such names. In lieu of preparing section two of the chal-
lenge report, the board of elections may provide, next to the name of
each voter [on] IN the computer generated registration list, a place for
the inspectors of election to record the information required to be
entered in such section two, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(c) The third section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each voter given assistance, together with the reason the voter was
allowed assistance, the name of the person giving such assistance and
his address if not an inspector. If no voters are given assistance, the
board of inspectors shall enter the words "No Assistance" across the
space reserved for such names. In lieu of providing section three of the
challenge report, the board of elections may provide, next to the name
of each voter [on] IN the computer generated registration list, a place
for the inspectors of election to record the information required to be
entered in such section three, or provide [at the end of such computer
generated] ELSEWHERE IN SUCH registration list, a place for the inspec-
tors of election to enter such information.
(d) The fourth section of such report shall be reserved for the board
of inspectors to enter the name, address and registration serial number
of each person who was permitted to vote pursuant to a court order, or
to vote on a paper ballot which was inserted in an affidavit envelope.
If there are no such names, such board shall enter the word "None"
across the space provided for such names. In lieu of providing section
four of such report, the board of elections may provide, next to the
name of each voter [on] IN the computer generated registration list, a
place for the inspectors of election to record the information required
to be entered in such section four, or provide [at the end of the
computer generated] ELSEWHERE IN SUCH registration list, a place for the
inspectors of election to enter such information.
(e) At the foot of such report [and] OR at the end of any such comput-
er generated registration list, IF APPLICABLE, shall be [printed] a
certificate that such report OR LIST contains the names of all persons
who were challenged on the day of election, and that each voter so
reported as having been challenged took the oaths as required, that such
report OR LIST contains the names of all voters to whom such board gave
or allowed assistance and lists the nature of the disability which
required such assistance to be given and the names and family relation-
ship, if any, to the voter of the persons by whom such assistance was
rendered; that each such assisted voter informed such board under oath
that he required such assistance and that each person rendering such
assistance took the required oath; that such report OR LIST contains the
names of all voters who were permitted to vote although their registra-
tion poll records were missing; that the entries made by such board are
S. 1510--B 16
a true and accurate record of its proceedings with respect to the
persons named in such report OR LIST.
(f) Upon the return of such report [and] OR lists to the board of
elections, it shall complete the investigation of voting qualifications
of all persons named in the second section thereof or for whom entries
were placed [on] IN such computer generated registration lists in lieu
of the preparation of the second section of the challenge report, and
shall forthwith proceed to cancel the registration of any person who, as
noted upon such report, OR IN SUCH LIST, was challenged at such election
and refused either to take a challenge oath or to answer any challenge
question.
(g) The state board of elections shall prescribe a form of challenge
report for use pursuant to the provisions of this section. Such form may
require the insertion of such other information as the state board shall
deem appropriate.
§ 12. Section 8-510 of the election law, the section heading as
amended by chapter 373 of the laws of 1978, subdivision 1 as amended by
chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
43 of the laws of 1988, is amended to read as follows:
§ 8-510. Challenge report; completion of and [closing of registration
poll ledgers] PROCEDURE AFTER. 1. Immediately after the close of the
polls the board of inspectors of election shall verify the entries which
it has made on the challenge report or [at the end of the] IN THE SPACES
PROVIDED IN THE computer generated registration list by comparing such
entries with the information appearing on the registration poll records
of the affected voters or the information appearing [next to the names
of such voters on] IN THE SPACES PROVIDED IN the computer generated
registration list. If it has made no entries in section two, three or
four of such report it shall write across OR NOTE IN such section the
words "No challenges", "No assistance" or "None", as the case may be, as
directed in this chapter.
2. After completing such report the inspectors shall sign [the] A
certificate [at the end of] IN THE SPACES PROVIDED BY THE COUNTY BOARD
OF ELECTIONS FOR such report.
3. The inspectors shall place such completed report, and each court
order, if any, directing that a person be permitted to vote, [inside a]
IN THE SECURE CONTAINER PROVIDED BY THE COUNTY BOARD OF ELECTIONS FOR
SUCH ledger of registration records or computer generated registration
lists [between the front cover, and the first registration record] and
then shall close and seal each ledger of registration records or comput-
er generated registration lists, [affix their signature to the seal,]
lock such ledger in the carrying case furnished for that purpose and
enclose the keys in a sealed package or seal such list in the envelope
provided for that purpose.
§ 13. Clauses (C) and (D) of subparagraph (i) of paragraph (a) of
subdivision 2 of section 9-209 of the election law, as amended by chap-
ter 308 of the laws of 2011, are amended to read as follows:
(C) If such person is found to be registered and has not voted in
person, an inspector shall compare the signature, if any, on each envel-
ope with the signature, if any, on the registration poll record, the
computer generated list of registered voters or the list of special
presidential voters, of the person of the same name who registered from
the same address. If the signatures are found to correspond, such
inspector shall certify thereto by [signing] PLACING his or her initials
in the ["Inspector's Initials" line on the] SPACE PROVIDED IN THE
S. 1510--B 17
computer generated list of registered voters [or in the "remarks" column
as appropriate].
(D) If such person is found to be registered and has not voted in
person, and if no challenge is made, or if a challenge made is not
sustained, the envelope shall be opened, the ballot or ballots withdrawn
without unfolding, and the ballot or ballots deposited in the proper
ballot box or boxes, or envelopes, provided however that, in the case of
a primary election, the ballot shall be deposited in the box only if the
ballot is of the party with which the voter is enrolled according to the
entry on the back of his or her registration poll record or [next to his
or her name on] IN the computer generated registration list; if not, the
ballot shall be rejected without inspection or unfolding and shall be
returned to the envelope which shall be endorsed "not enrolled." At the
time of the deposit of such ballot or ballots in the box or envelopes,
the inspectors shall enter the words "absentee vote" or "military vote"
in the space reserved for the voter's signature on the aforesaid list or
in the "remarks" [column] SPACE as appropriate, and shall enter the year
and month of the election on the same line in the spaces provided there-
for.
§ 14. Subdivision 4 of section 11-206 of the election law, as amended
by chapter 91 of the laws of 1992, is amended to read as follows:
4. The registration poll records of special federal voters shall be
filed, in alphabetical order, by election district. At each election at
which [the ballots of] special federal voters are [delivered to the
inspectors of election in each election district] ELIGIBLE TO VOTE, the
registration poll records of all special federal voters [eligible to
vote at such election] shall be delivered to such inspectors of election
together with the other registration poll records or the names of such
voters shall be included [on] IN the computer generated registration
list. Such records shall be delivered either in a separate poll ledger
or a separate, clearly marked section, of the main poll ledger or [in a
separate,] BE clearly marked[, section of] IN the computer generated
registration list as the board of elections shall determine.
§ 15. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of
section 8-302 of the election law made by section eight of this act
shall take effect on the same date and in the same manner as chapter 3
of the laws of 2019, takes effect.
PART O
Intentionally Omitted
PART P
Intentionally Omitted
PART Q
Intentionally Omitted
PART R
Intentionally Omitted
PART S
S. 1510--B 18
Intentionally Omitted
PART T
Intentionally Omitted
PART U
Intentionally Omitted
PART V
Section 1. Subdivision 1 of section 94 of the executive law, as
amended by section 6 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
1. There is established within the department of state a joint commis-
sion on public ethics which shall consist of fourteen members and shall
have and exercise the powers and duties set forth in this section with
respect to statewide elected officials, members of the legislature and
employees of the legislature, and state officers and employees, as
defined in sections seventy-three and seventy-three-a of the public
officers law, candidates for statewide elected office and for the senate
or assembly, and the political party chairman as that term is defined in
section seventy-three-a of the public officers law, lobbyists and the
clients of lobbyists as such terms are defined in article one-A of the
legislative law, and individuals who have formerly held such positions,
were lobbyists or clients of lobbyists, as such terms are defined in
article one-A of the legislative law, or who have formerly been such
candidates. THE COMMISSION SHALL ALSO HAVE AND EXERCISE THE POWERS SET
FORTH IN THIS SECTION WITH RESPECT TO COVERED MUNICIPAL OFFICERS AS SUCH
TERM IS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE GENERAL MUNICIPAL
LAW, PROVIDED, HOWEVER, THAT THE JURISDICTION OF THE JOINT COMMISSION ON
PUBLIC ETHICS WITH RESPECT TO SUCH COVERED MUNICIPAL OFFICERS SHALL BE
LIMITED TO THE PROVISIONS OF THIS SECTION RELATING TO THE FILING OF
ACCURATE ANNUAL STATEMENTS OF FINANCIAL DISCLOSURE, AND PROVIDED,
FURTHER, IF THE COMMISSION HAS A REASONABLE BASIS TO BELIEVE THAT THERE
ARE ETHICAL OR LEGAL ISSUES OUTSIDE ITS JURISDICTION, BUT RELATED TO THE
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE, SUCH ISSUES SHALL BE REFERRED
TO THE APPROPRIATE BODY AS DEFINED IN SECTION EIGHT HUNDRED TEN OF THE
GENERAL MUNICIPAL LAW OR THE DISTRICT ATTORNEY FROM THE COUNTY WHERE THE
MUNICIPAL CORPORATION IS LOCATED. This section shall not be deemed to
have revoked or rescinded any regulations or advisory opinions issued by
the legislative ethics commission, the commission on public integrity,
the state ethics commission and the temporary lobbying commission in
effect upon the effective date of chapter fourteen of the laws of two
thousand seven which amended this section to the extent that such regu-
lations or opinions are not inconsistent with any law of the state of
New York, but such regulations and opinions shall apply only to matters
over which such commissions had jurisdiction at the time such regu-
lations and opinions were promulgated or issued. The commission shall
undertake a comprehensive review of all such regulations and opinions,
which will address the consistency of such regulations and opinions
among each other and with the new statutory language, and of the effec-
tiveness of the existing laws, regulations, guidance and ethics enforce-
ment structure to address the ethics of covered public officials and
related parties. Such review shall be conducted with the legislative
S. 1510--B 19
ethics commission and, to the extent possible, the report's findings
shall reflect the full input and deliberations of both commissions after
joint consultation. The commission shall, before February first, two
thousand fifteen, report to the governor and legislature regarding such
review and shall propose any regulatory or statutory changes and issue
any advisory opinions necessitated by such review.
§ 2. Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
of the executive law, as amended by section 6 of part A of chapter 399
of the laws of 2011, is amended to read as follows:
(1) the information set forth in an annual statement of financial
disclosure filed pursuant to section seventy-three-a of the public offi-
cers law AND PURSUANT TO SUBDIVISION THREE OF SECTION EIGHT HUNDRED
ELEVEN AND SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THE GENER-
AL MUNICIPAL LAW, except information deleted pursuant to paragraph (h)
of subdivision nine of this section;
§ 3. Section 810 of the general municipal law is amended by adding a
new subdivision 13 to read as follows:
13. "COVERED MUNICIPAL OFFICER" MEANS (A) ANY INDIVIDUAL ELECTED TO
SERVE THE GOVERNMENT OF ANY MUNICIPAL CORPORATION WHO RECEIVES COMPEN-
SATION OF FIFTY THOUSAND DOLLARS OR MORE ANNUALLY FROM SUCH MUNICIPAL
CORPORATION AS WELL AS (B) ANY INDIVIDUAL WHO IS EITHER ELECTED OR
APPOINTED TO SERVE AS COUNTY EXECUTIVE, COUNTY MANAGER, OR CHAIR OF THE
COUNTY BOARD OF SUPERVISORS.
§ 4. Section 811 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. (A) NOTWITHSTANDING ANY LOCAL LAW, ORDINANCE, OR RESOLUTION PROVID-
ING FOR THE ANNUAL FILING OF AN ANNUAL STATEMENT OF FINANCIAL DISCLO-
SURE, A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS,
PROVIDED, HOWEVER A COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING
REQUIREMENTS OF THIS SUBDIVISION BY FILING A COPY OF THE STATEMENT OF
FINANCIAL DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDI-
VISION ONE OF THIS SECTION WITH THE JOINT COMMISSION ON PUBLIC ETHICS ON
OR BEFORE THE FILING DEADLINE PROVIDED IN SECTION SEVENTY-THREE-A OF THE
PUBLIC OFFICERS LAW, IF SUCH STATEMENT OF FINANCIAL DISCLOSURE FILED
PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE OF THIS SECTION
HAS BEEN AUTHORIZED BY THE JOINT COMMISSION ON PUBLIC ETHICS PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION.
(B) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A
RESOLUTION TO REQUEST AUTHORIZATION FROM THE JOINT COMMISSION ON PUBLIC
ETHICS FOR ITS COVERED MUNICIPAL OFFICERS TO FILE WITH THE JOINT COMMIS-
SION ON PUBLIC ETHICS A COPY OF THE ANNUAL STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO PARAGRAPH (A) OR (A-1) OF SUBDIVISION ONE
OF THIS SECTION TO SATISFY THE FILING REQUIREMENTS OF A COVERED MUNICI-
PAL OFFICER OF PARAGRAPH (A) OF THIS SUBDIVISION. THE JOINT COMMISSION
ON PUBLIC ETHICS SHALL PROMPTLY MAKE A DETERMINATION IN RESPONSE TO EACH
REQUEST, WHICH SHALL INCLUDE AN EXPLANATION FOR ITS DETERMINATION. IF
AUTHORIZATION IS DENIED, THE MUNICIPAL CORPORATION MAY AMEND ITS REQUEST
AND RESUBMIT.
(C) THE GOVERNING BODY OF EACH MUNICIPAL CORPORATION MAY ADOPT A LOCAL
LAW, ORDINANCE, OR RESOLUTION AUTHORIZING ITS COVERED MUNICIPAL OFFICERS
TO SATISFY THE FILING REQUIREMENTS OF PARAGRAPH (A) OR (A-1) OF SUBDIVI-
SION ONE OF THIS SECTION BY FILING A COPY OF THE ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE AS SET FORTH IN SECTION SEVENTY-THREE-A OF THE
S. 1510--B 20
PUBLIC OFFICERS LAW FILED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
WITH THE APPROPRIATE BODY.
§ 5. Subdivision 1 of section 812 of the general municipal law is
amended by adding a new paragraph (j) to read as follows:
(J) A COVERED MUNICIPAL OFFICER SHALL BE REQUIRED TO FILE THE ANNUAL
STATEMENT OF FINANCIAL DISCLOSURE SET FORTH IN SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW WITH THE JOINT COMMISSION ON PUBLIC ETHICS. A
COVERED MUNICIPAL OFFICER MAY SATISFY THE FILING REQUIREMENTS OF PARA-
GRAPH (A) OF THIS SUBDIVISION BY FILING A COPY OF THE ANNUAL STATEMENT
OF FINANCIAL DISCLOSURE FILED PURSUANT TO THIS PARAGRAPH WITH THE APPRO-
PRIATE BODY.
§ 6. This act shall take effect January 1, 2021.
PART W
Intentionally Omitted
PART X
Intentionally Omitted
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through X of this act shall be
as specifically set forth in the last section of such Parts.
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