A08507 Summary:

BILL NO    A08507 

SAME AS    No same as 

SPONSOR    Cusick

COSPNSR    

MLTSPNSR   

Amd El L, generally; amd S42, Pub Off L

Amends deadlines to facilitate timely transmission of ballots to overseas
military voters for primary and general elections.
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A08507 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8507
 
SPONSOR: Cusick
  TITLE OF BILL: An act to amend the election law, in relation to amending certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas; and to amend the public officers law, in relation to filling vacancies in elective offices   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that New York State's election law complies with the federal Military and Overseas Voter Empowerment (MOVE) Act.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends §4-108(1)(b) of the election law to provide that the certified, text of any proposal, proposition, or referendum that is to be submitted to a vote of the people of a county, city, town, village, or special district at an election to be conducted by the board of elections shall be submitted to such board by the clerk of such political subdivision 55 days prior to the election at which such proposal is to be voted upon. Section two of the bill amends §4-110 of the election law to provide that the state board of elections shall certify to each county board of elections 54 days before a primary elections the naive, residence, title of office, name of party, and ballot order of each candidate to be voted for, within such county, who have filed designation with the state board of elections. Section three of the bill amends §4-112(1) of the election law to provide that the state board of elections shall certify to each county board of elections 54 days before a general elections the name and resi- dence of each candidate nominated via certificate filed with the state board or primary election canvassed by the state board, the title of office, name of party, the party emblem, as well as a notation at to whether any litigation is pending. Section four of the bill amends §4-114 of the election law to provide that county boards of election shall determine the candidates duly nomi- nated for public office and the questions that shall appear on the ballot within the jurisdiction that board of election not later than 53 days before a primary or general election. The 53-day period was previ- ously applied to special elections in chapter 4 of the laws of 2011. Section five of the bill amends §4-117(1) of the election law to provide that a "mail check card" be mailed by the local board of elections between 65 and 75 days before a primary election to notify active regis- tered voters of the days and house of primary and general elections, polling places, other information informing voters of residency issues regarding voting, information regarding the accessibility of polling places, and other information useful to voters interested in participat- ing in election day operations. Section six of the bill amends §5-604(1) of the election law to provide that local boards of election shall publish updated enrollment lists before February 1 each year. Section seven bill amends §6-108(1) of the election law to remove a reference to a "fall" primary and replaces it with a reference to the primary." Section eight of the bill amends §6-147(1) and (2) of the election law to provide that duly acknowledged certificates relating to grouping of candidates, candidates running for party positions with a group, or, sell-assignation of an election district by or running alone in multiple election districts shall be filed with the board of elections not later than the tenth Tuesday preceding the primary election. Section nine of the bill amends §6-158(1), (4-6), (9), (11&12) and (14) of the election law to provide that: * Designating petitions be filed between the thirteenth Friday and the twelfth Wednesday preceding a primary election. * Opportunity to ballot petitions be filed not later than the eleventh Wednesday preceding the primary election. Except in the case of a substitution of a designated person, in which case an opportunity, to ballot petition may be filed not later than the tenth Wednesday preced- ing such primary. * Judicial conventions are to be held between the first and second Monday in September. * References to a "fall" primary be removed. * 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 24 weeks and not later than 22 weeks preceding such election. * Certificates of acceptance or declination of an independent nomination for an office to be filled at the general election shall be filed not later than the third day after the twenty-third Tuesday preceding such election. * A certificate to fill a vacancy caused by a declination of an inde- pendent 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 twenty- third Tuesday preceding such election. * A vacancy occurring before August 20th in any year in any office authorized to be filled at a general election, except enumerated office, shall be filled at the general election held net thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. Section ten of the bill amends §8-100(1). of the election law to provide that a primary election shall be held on the fourth Tuesday in June before every general election unless otherwise changed by an act of the legislature. Section eleven of the bill amends §9-209(1) of the election law to provide that a recanvass of election returns shall occur 21 days after each primary, general or special election. Section twelve of the bill amends §9-211 of the election law to provide that a verifiable audit of three-percent of the voting-systems occur 21 days after each primary, general, special, or village (when conducted by the board of elections) election. Section thirteen of the bill amends §10-108(1) (a) of the election law to provide that ballots for military voters are sent out 45 days before a primary or general election. The 49-day period was previously applied to special elections in chapter 4, of the laws of 2011. Section fourteen of the bill amends §11-204(4) of the election law to provide that ballots for overseas voters are sent out 45 days before a primary or general election. The 45-day period was previously applied to special elections in chapter 4 of the laws of 2011. Section fifteen of the bill amends §16-102(4) of the election law to add a resolution of any appeals to the requirement that a final order be entered 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 in which such ballots or machines ore to be used. Section sixteen of the bill amends §16-104(3) and (4) of the election law to provide that proceedings as to the wording of the abstract or form of submissions of any proposed amendment, proposition, or question may be contested in a proceeding instituted by any personal eligible to vote on such amendment, proposition, or question within 7 days after the last day to certify the wording of any such abstract or form of submission. Section seventeen of the bill amends §42(1) and (2) of the public offi- cers law to provide that a vacancy occurring before August 20th in any year is any office authorized to be filled at a general election, except enumerated office, shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or, unless previously filled at a special election. Section seventeen further provides that a special election shall not be held to fill a vacancy in the office of representative in congress unless such vacancy occurs on or before the first day of July of the last year in 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 August of such year. It further provides that no special, election shall be held to fill a vacancy in the office of state senator or assembly member, unless the vacancy occurs before the first day of April of the last year of the term of office, or unless the vacancy occurs 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 August 19th in such year. Section eighteen of the bill is the effective date.   JUSTIFICATION: In 2005, President Barack Obama signed into law the Military Overseas Voter Empowerment (MOVE) Act. The MOVE Act was an amendment that expanded the Uniformed and overseas Citizens Absentee Voting Act (UOCAVA) of 1985. UOCAVA required states and territories allow members of the U.S. Uniformed Services and merchant marine, their family members and U.S. citizens residing outside the United States to register and vote absentee in elections for federal offices. The MOVE Act was designed to provide greater protections of the voting rights of military personnel, their families, and other overseas citi- zens. Among other provisions, the MOVE Act requires states to transmit validly requested absentee ballots to UOCAVA voters no later than 45 days before a federal election, when the request has been received by that date, extent where the state has been granted an undue hardship waiver approved by the Department of Defense for that election. New York State was granted such a waiver in 2010. New York state's election law as currently written regarding military and overseas voters is not compliant with the 45-day requirement codi- fied in the MOVE Act. In addition, the overall structure of the dead- lines and due dates in New York State election law mean that that chang- ing the time-frame in which military and overseas ballots must be mailed necessitates various changes to numerous interdependent sections of the election law, culminating in moving the primary date. New York State's primary was held in June until 1974 when it was changed to its current date of the first Tuesday after the second Monday in September.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This bill would take effect January 1, 2013.
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A08507 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8507
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 21, 2011
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Election Law
 
        AN  ACT to amend the election law, in relation to amending certain dead-
          lines to facilitate the timely transmission  of  ballots  to  military
          voters  stationed  overseas;  and to amend the public officers law, in

          relation to filling vacancies in elective offices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  b  of  subdivision  1  of section 4-108 of the
     2  election law, as amended by chapter 117 of the laws of 1985, is  amended
     3  to read as follows:
     4    b. Whenever any proposal, proposition or referendum as provided by law
     5  is  to  be  submitted  to  a vote of the people of a county, city, town,
     6  village or special district, at an election conducted by  the  board  of
     7  elections,  the  clerk  of such political subdivision, at least [thirty-
     8  six] fifty-five days prior to  the  election  at  which  such  proposal,
     9  proposition  or  referendum  is  to be submitted, shall transmit to each

    10  board of elections a certified copy of the text of such proposal, propo-
    11  sition or referendum and a statement of the form in which it  is  to  be
    12  submitted.  If  a special election is to be held, such transmittal shall
    13  also give the date of such election.
    14    § 2.  Section 4-110 of the election law, as amended by chapter 434  of
    15  the laws of 1984, is amended to read as follows:
    16    §  4-110. Certification of primary election candidates; state board of
    17  elections.  The state board of elections  not  later  than  [thirty-six]
    18  fifty-four  days before a primary election, shall certify to each county
    19  board of elections: The name and residence of each candidate to be voted
    20  for within the political subdivision of such board  for  whom  a  desig-
    21  nation  has  been filed with the state board; the title of the office or

    22  position for which the candidate is designated; the name  of  the  party
    23  upon  whose  primary  ballot  his name is to be placed; and the order in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12043-07-1

        A. 8507                             2
 
     1  which the names of the candidates are to be printed as determined by the
     2  state board.  Where an office or position is uncontested,  such  certif-
     3  ication shall state such fact.
     4    § 3. Subdivision 1 of section 4-112 of the election law, as amended by
     5  chapter 4 of the laws of 2011, is amended to read as follows:
     6    1.  The  state  board of elections, not later than [thirty-six] fifty-

     7  four days before a  general  election,  or  fifty-three  days  before  a
     8  special  election,  shall  certify to each county board of elections the
     9  name and residence of each candidate nominated in any valid  certificate
    10  filed with it or by the returns canvassed by it, the title of the office
    11  for which nominated; the name of the party or body specified of which he
    12  is  a  candidate; the emblem chosen to distinguish the candidates of the
    13  party or body; and a notation as to whether or  not  any  litigation  is
    14  pending  concerning the candidacy. Upon the completion of any such liti-
    15  gation, the state board of elections shall forthwith notify  the  appro-
    16  priate county boards of elections of the results of such litigation.
    17    § 4. Section 4-114 of the election law, as amended by chapter 4 of the
    18  laws of 2011, is amended to read as follows:

    19    §  4-114.  Determination  of candidates and questions; county board of
    20  elections. The county board of elections, not later  than  the  [thirty-
    21  fifth]  fifty-third  day  before  the  day of a primary [or], general or
    22  special election, [or the fifty-third day before  a  special  election,]
    23  shall  determine the candidates duly nominated for public office and the
    24  questions that shall appear on the ballot  within  the  jurisdiction  of
    25  that board of elections.
    26    § 5. Subdivision 1 of section 4-117 of the election law, as amended by
    27  chapter 288 of the laws of 2009, is amended to read as follows:
    28    1.  The  board of elections, [between August first and August fifth of
    29  each year] not less than sixty-five days  nor  more  than  seventy  days

    30  before the primary election in each year, shall send by first class mail
    31  on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
    32  request  that  any  such  mail  received for persons not residing at the
    33  address be dropped back in the mail, a communication, in a form approved
    34  by the state board of elections, to every registered voter who has  been
    35  registered without a change of address since the beginning of such year,
    36  except  that  the  board of elections shall not be required to send such
    37  communications to voters in inactive  status.  The  communication  shall
    38  notify the voter of the days and hours of the ensuing primary and gener-
    39  al  elections, the place where he or she appears by his or her registra-
    40  tion records to be entitled to vote, the fact that voters who have moved

    41  or will have moved from the address where they were last registered must
    42  re-register or, that if such move was to another  address  in  the  same
    43  county or city, that such voter may either notify the board of elections
    44  of  his  or her new address or vote by paper ballot at the polling place
    45  for his or her new address even if such voter has not re-registered,  or
    46  otherwise  notified  the board of elections of the change of address. If
    47  the location of the polling place for the voter's election district  has
    48  been moved, the communication shall contain the following legend in bold
    49  type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
    50  The communication shall also  indicate  whether  the  polling  place  is
    51  accessible  to  physically disabled voters, that a voter who will be out
    52  of the city or county on the day of the primary or general election or a

    53  voter who is ill or physically disabled may obtain an  absentee  ballot,
    54  that  a  physically disabled voter whose polling place is not accessible
    55  may request that his or her registration record be moved to an  election
    56  district which has a polling place which is accessible, the phone number

        A. 8507                             3
 
     1  to  call  for applications to move a registration record or for absentee
     2  ballot applications, the phone number to call for the location of regis-
     3  tration and polling places, the phone number to call  to  indicate  that
     4  the  voter is willing to serve on election day as an election inspector,
     5  poll clerk, interpreter or in other capacities, the phone number to call
     6  to obtain an application for registration by mail, and such other infor-
     7  mation concerning  the  elections  or  registration  as  the  board  may

     8  include.  In  lieu  of  sending  such  communication to every registered
     9  voter, the board of elections may  send  a  single  communication  to  a
    10  household  containing  more than one registered voter, provided that the
    11  names of all such voters appear as part of the address on such  communi-
    12  cation.
    13    § 6. Subdivision 1 of section 5-604 of the election law, as amended by
    14  chapter 28 of the laws of 2010, is amended to read as follows:
    15    1.  The  board  of elections shall also cause to be published for each
    16  election district a complete list  of  the  registered  voters  of  each
    17  election  district.  Such  list  shall,  in  addition to the information
    18  required for registration lists, include the party  enrollment  of  each
    19  voter.  At  least  as  many copies of such list shall be prepared as the
    20  required minimum number of registration lists.

    21    Lists for all the election districts in a ward  or  assembly  district
    22  may  be  bound together in one volume. The board of elections shall also
    23  cause to be published a complete list of names and  residence  addresses
    24  of  the registered voters, including the party enrollment of each voter,
    25  for each town and city over which the board has jurisdiction. The  names
    26  for each town and city may be arranged according to street and number or
    27  alphabetically.  Such  lists  shall be published before the first day of
    28  [April] February.  The board shall keep at least five copies for  public
    29  inspection  at  each  main office or branch office of the board. Surplus
    30  copies of the lists shall be sold at a charge not exceeding the cost  of
    31  publication.
    32    § 7. Subdivision 1 of section 6-108 of the election law, as amended by

    33  chapter 160 of the laws of 1996, is amended to read as follows:
    34    1.  In  any town in a county having a population of over seven hundred
    35  fifty thousand inhabitants, as shown by the latest federal decennial  or
    36  special  population  census,  party  nominations  of candidates for town
    37  offices shall be made at the primary  preceding  the  election.  In  any
    38  other  town, nominations of candidates for town offices shall be made by
    39  caucus or primary election as the rules of the  county  committee  shall
    40  provide, except that the members of the county committee from a town may
    41  adopt  by  a two-thirds vote, a rule providing that the party candidates
    42  for town offices shall be nominated at the primary election. If  a  rule
    43  adopted  by  the county committee of a political party or by the members
    44  of the county committee from a town, provides that party candidates  for

    45  town  offices, shall be nominated at a primary election, such rule shall
    46  not apply to nor affect a primary held less than  four  months  after  a
    47  certified  copy  of  the  rule  shall  have been filed with the board of
    48  elections. After the filing of such a rule, the rule shall  continue  in
    49  force until a certified copy of a rule revoking the same shall have been
    50  filed  with such board at least four months before a subsequent primary.
    51  Such a caucus shall be held no earlier  than  the  first  day  on  which
    52  designating petitions for the [fall] primary election may be signed.
    53    §  8.  Subdivisions  1  and 2 of section 6-147 of the election law, as
    54  amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
    55  follows:

        A. 8507                             4
 

     1    1.    The  name  of a person designated on more than one petition as a
     2  candidate for a party position to be filled by two or more persons shall
     3  be printed on the ballot with the group of candidates designated by  the
     4  petition  first filed unless such person, in a certificate duly acknowl-
     5  edged  by  him  and filed with the board of elections not later than the
     6  [eighth] tenth Tuesday preceding the primary election or five days after
     7  the board of elections mails such person notice of  his  designation  in
     8  more  than  one  group,  whichever  is later, specifies another group in
     9  which his name shall be printed.
    10    2. A person designated as a candidate for the position  of  member  of
    11  the  county committee in more than one election district shall be deemed
    12  to have been designated in the lowest numbered election district  unless

    13  such  person,  in a certificate duly acknowledged by him, and filed with
    14  the board of elections not later than the [eighth] tenth Tuesday preced-
    15  ing the primary election or five days after the board of elections mails
    16  such person notice of his designation in more than one election district
    17  whichever is later, specifies that he wishes to be deemed designated  in
    18  a different election district.
    19    § 9. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of the
    20  election  law, subdivisions 1, 4, 11 and 12 as amended by chapter 434 of
    21  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws  of
    22  1992,  and  subdivision 9 as amended by chapter 517 of the laws of 1986,
    23  are amended to read as follows:
    24    1. A designating petition shall be filed not earlier than  the  [tenth

    25  Monday]  thirteenth  Friday before, and not later than the [ninth Thurs-
    26  day] twelfth Wednesday preceding the primary election.
    27    4. A petition of enrolled members of a party requesting an opportunity
    28  to write in the name of an undesignated candidate for a public office or
    29  party position at a primary election shall be filed not later  than  the
    30  [eighth  Thursday]  eleventh  Wednesday  preceding the primary election.
    31  However, where a designating petition has  been  filed  and  the  person
    32  named  therein has declined such designation and another person has been
    33  designated to fill the vacancy, then in that event, a  petition  for  an
    34  opportunity  to  ballot  in  a primary election shall be filed not later
    35  than the [seventh  Thursday]  tenth  Wednesday  preceding  such  primary

    36  election.
    37    5.  A  judicial district convention shall be held not earlier than the
    38  [Tuesday following the third] first Monday in [September] August preced-
    39  ing the general election and not later than the [fourth]  second  Monday
    40  in [September] August preceding such election.
    41    6.  A certificate of a party nomination made other than at the primary
    42  election for an office to be filled at the time of  a  general  election
    43  shall  be  filed  not  later  than  seven  days after the [fall] primary
    44  election, except that a certificate of nomination for  an  office  which
    45  becomes  vacant  after  the  seventh day preceding such primary election
    46  shall be filed not later than fourteen days after the creation  of  such

    47  vacancy  and  except, further, that a certificate of party nomination of
    48  candidates for elector of president and  vice-president  of  the  United
    49  States  shall  be  filed  not  later than fourteen days after the [fall]
    50  primary election, and except still further that a certificate  of  party
    51  nomination  made  at  a  judicial district convention shall be filed not
    52  later than the day after the last day to hold such  convention  and  the
    53  minutes  of  such  convention, duly certified by the chairman and secre-
    54  tary, shall be filed within seventy-two hours after adjournment  of  the
    55  convention.    A  certificate  of  party  nomination for an office to be

        A. 8507                             5
 
     1  filled at a special election shall be filed  not  later  than  ten  days
     2  following the issuance of a proclamation of such election.

     3    9. A petition for an independent nomination for an office to be filled
     4  at  the  time  of  a  general  election  shall be filed not earlier than
     5  [twelve] twenty-four weeks and  not  later  than  [eleven]  twenty-three
     6  weeks  preceding such election. A petition for an independent nomination
     7  for an office to be filled at a special  election  shall  be  filed  not
     8  later  than twelve days following the issuance of a proclamation of such
     9  election. A petition for trustee of  the  Long  Island  Power  Authority
    10  shall be filed not earlier than seven weeks and not later than six weeks
    11  preceding the day of the election of such trustees.
    12    11. A certificate of acceptance or declination of an independent nomi-
    13  nation  for  an  office  to  be filled at the time of a general election

    14  shall be filed not later than the third day after the  [eleventh]  twen-
    15  ty-third  Tuesday  preceding  such  election except that a candidate who
    16  files such a certificate of acceptance for an  office  for  which  there
    17  have  been  filed  certificates  or  petitions designating more than one
    18  candidate for the nomination of any party, may thereafter file a certif-
    19  icate of declination not later than the  third  day  after  the  primary
    20  election.   A certificate of acceptance or declination of an independent
    21  nomination for an office to be filled at a  special  election  shall  be
    22  filed not later than fourteen days following the issuance of a proclama-
    23  tion of such election.
    24    12.  A  certificate  to  fill  a vacancy caused by a declination of an
    25  independent nomination for an office to be  filled  at  the  time  of  a

    26  general  election  shall be filed not later than the sixth day after the
    27  [eleventh] twenty-third Tuesday preceding such election.  A  certificate
    28  to  fill  a vacancy caused by a declination of an independent nomination
    29  for an office to be filled at a special  election  shall  be  filed  not
    30  later than sixteen days following the issuance of a proclamation of such
    31  election.
    32    14. A vacancy occurring before [September twentieth of] August twenti-
    33  eth  in  any  year  in  any  office authorized to be filled at a general
    34  election, except in the offices  of  governor,  lieutenant-governor,  or
    35  United  States senator shall be filled at the general election held next
    36  thereafter, unless otherwise provided by  the  constitution,  or  unless
    37  previously filled at a special election.

    38    §  10. Paragraph (a) of subdivision 1 of section 8-100 of the election
    39  law, as amended by chapter 17 of the laws of 2007, is amended to read as
    40  follows:
    41    (a) A primary election[, to be known as the fall  primary,]  shall  be
    42  held  on  the  [first Tuesday after the second Monday] fourth Tuesday in
    43  [September] June before every general election unless otherwise  changed
    44  by  an  act of the legislature. In each year in which electors of presi-
    45  dent and vice president of the United States are to be elected an  addi-
    46  tional primary election, to be known as the [spring] presidential prima-
    47  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    48  changed by an act of the legislature, for the purpose of electing deleg-

    49  ates to the national convention, members of state and county  committees
    50  and assembly district leaders and associate assembly district leaders.
    51    §  11.  Subdivision 1 of section 9-208 of the election law, as amended
    52  by chapter 163 of the laws of 2010, is amended to read as follows:
    53    1. Within [fifteen] twenty-one days after  each  general,  special  or
    54  primary  election,  and  within  seven days after every village election
    55  conducted by the board of elections at which ballot scanners  are  used,
    56  the  board  of  elections,  or a bipartisan committee of or appointed by

        A. 8507                             6
 
     1  said board shall, in each county using ballot scanners, make a record of
     2  the serial number of each ballot scanner used in each election  district

     3  in such general, special or primary election. No person who was a candi-
     4  date at such election shall be appointed to membership on the committee.
     5  Such  board  of  elections  or  bipartisan committee shall recanvass the
     6  tabulated result tape from each ballot scanner  used  in  each  election
     7  district  by  comparing  such  tape  with the numbers as recorded on the
     8  return of canvass. The said board or committee shall also make a  recan-
     9  vass  of  any  election day paper ballots that have not been scanned and
    10  were hand counted pursuant to subdivision two of section 9-110  of  this
    11  article  and  compare  the  results  with  the number as recorded on the
    12  return of canvass. The board or committee shall then recanvass  write-in
    13  votes,  if any, on ballots which were otherwise scanned and canvassed at
    14  polling places on election night. The board or committee shall  validate

    15  and  prove such sums. Before making such canvass the board of elections,
    16  with respect to each election district to  be  recanvassed,  shall  give
    17  notice  in writing to the voting machine custodian thereof, to the state
    18  and county chair of each party or  independent  body  which  shall  have
    19  nominated  candidates  for the said general or special election or nomi-
    20  nated or elected candidates at the said primary  election  and  to  each
    21  individual  candidate  whose  name  appears on the office ballot, of the
    22  time and place where such canvass is to be made; and the state and coun-
    23  ty chair of each such party or independent body and each such individual
    24  candidate may send a representative to be  present  at  such  recanvass.
    25  Each  candidate whose name appears on the official ballot, or his or her
    26  representative, shall have the right personally to examine  and  make  a

    27  record of the vote recorded on the tabulated result tape and any ballots
    28  which were hand counted.
    29    §  12. Subdivision 1 of section 9-211 of the election law, as added by
    30  chapter 181 of the laws of 2005, is amended to read as follows:
    31    1. Within [fifteen] twenty-one days  after  each  general  or  special
    32  election,  and  within  [seven]  twenty-one  days after every primary or
    33  village election conducted by the  board  of  elections,  the  board  of
    34  elections  or a bipartisan committee appointed by such board shall manu-
    35  ally audit the voter verifiable audit  records  from  three  percent  of
    36  voting machines or systems within the jurisdiction of such board. Voting
    37  machines or systems shall be selected for audit through a random, manual
    38  process.  At  least five days prior to the time fixed for such selection

    39  process, the board of elections shall send notice by first class mail to
    40  each candidate, political party and independent body  entitled  to  have
    41  had  watchers  present  at  the  polls  in any election district in such
    42  board's jurisdiction. Such notice shall state the time and  place  fixed
    43  for  such  random selection process. The audit shall be conducted in the
    44  same manner, to the extent applicable, as a canvass  of  paper  ballots.
    45  Each  candidate, political party or independent body entitled to appoint
    46  watchers to attend at a polling place shall be entitled to appoint  such
    47  number of watchers to observe the audit.
    48    § 13. Paragraph (a) of subdivision 1 of section 10-108 of the election
    49  law,  as amended by chapter 4 of the laws of 2011, is amended to read as
    50  follows:
    51    (a) Ballots for military voters shall be mailed or otherwise  distrib-

    52  uted  by the board of elections, in accordance with the preferred method
    53  of transmission designated by the voter pursuant to  section  10-107  of
    54  this  article,  as  soon  as practicable but in any event not later than
    55  [thirty-two] forty-five days before  a  primary  or  general  election[;
    56  twenty-five  days  before],  a  New  York  city  community  school board

        A. 8507                             7
 
     1  district or city of Buffalo school  district  election[;  fourteen  days
     2  before],  or a village election conducted by the board of elections; and
     3  forty-five days before a special election. A voter who submits  a  mili-
     4  tary ballot application shall be entitled to a military ballot thereaft-

     5  er for each subsequent election through and including the next two regu-
     6  larly scheduled general elections held in even numbered years, including
     7  any  run-offs which may occur; provided, however, such application shall
     8  not be valid for any election held within seven days after its  receipt.
     9  Ballots  shall  also  be  mailed  to any qualified military voter who is
    10  already registered and who requests such military ballot from such board
    11  of elections in a letter, which is signed by the voter and  received  by
    12  the  board  of  elections  not  later  than  the  seventh day before the
    13  election for which the ballot is requested and which states the  address
    14  where  the voter is registered and the address to which the ballot is to
    15  be mailed. The board of elections shall enclose with such ballot a  form
    16  of  application  for military ballot. In the case of a primary election,

    17  the board shall deliver only the ballot of  the  party  with  which  the
    18  military  voter  is enrolled according to the military voter's registra-
    19  tion records. In the event a primary  election  is  uncontested  in  the
    20  military  voter's  election district for all offices or positions except
    21  the party position of member of the ward, town, city or  county  commit-
    22  tee,  no  ballot  shall  be  delivered  to  such military voter for such
    23  election; and the military voter shall be advised of the reason  why  he
    24  or she will not receive a ballot.
    25    §  14. Subdivision 4 of section 11-204 of the election law, as amended
    26  by chapter 4 of the laws of 2011, is amended to read as follows:
    27    4. If the board of elections shall determine that the applicant making
    28  the application provided for in this section is qualified to receive and

    29  vote a special federal ballot, it shall, as soon as practicable after it
    30  shall have so determined, or not later than [thirty-two] forty-five days
    31  before each general or primary  [election  and  forty-five  days  before
    32  each]  or special election in which such applicant is qualified to vote,
    33  or three days after receipt of such an application, whichever is  later,
    34  mail  to  him  or her at the residence address outside the United States
    35  shown in his or her application, a  special  federal  ballot,  an  inner
    36  affirmation envelope and an outer envelope, or otherwise distribute same
    37  to  the  voter  in  accordance with the preferred method of transmission
    38  designated by the voter pursuant to section 11-203 of  this  title.  The
    39  board  of  elections shall also mail, or otherwise distribute in accord-

    40  ance with the preferred method of transmission designated by  the  voter
    41  pursuant  to  section  11-203 of this title, a special federal ballot to
    42  every qualified special federal voter who is already registered and  who
    43  requests  such  special federal ballot from such board of elections in a
    44  letter, which is signed by the  voter  and  received  by  the  board  of
    45  elections  not  later than the seventh day before the election for which
    46  the ballot is first requested and which states  the  address  where  the
    47  voter is registered and the address to which the ballot is to be mailed.
    48  The board of elections shall enclose with such ballot a form of applica-
    49  tion for a special federal ballot.
    50    § 15. Subdivision 4 of section 16-102 of the election law, as added by
    51  chapter 135 of the laws of 1986, is amended to read as follows:

    52    4.  A  final  order  including  the  resolution  of any appeals in any
    53  proceeding involving the  names  of  candidates  on  ballots  or  voting
    54  machines  shall be made, if possible, at least five weeks before the day
    55  of the election at which such ballots or voting machines are to be used,

        A. 8507                             8
 
     1  or if such proceeding is commenced within five weeks of  such  election,
     2  no later than the day following the day on which the case is heard.
     3    §  16.  Subdivisions  3  and  4 of section 16-104 of the election law,
     4  subdivision 3 as added by chapter 136 of the laws of 1978  and  subdivi-
     5  sion  4  as  amended  by chapter 117 of the laws of 1985, are amended to
     6  read as follows:
     7    3. A proceeding pursuant to subdivision two of this  section  must  be

     8  instituted  within  [fourteen]  seven days after the last day to certify
     9  the wording of any such abstract or form of submission.
    10    4. A final order including  the  resolution  of  any  appeals  in  any
    11  proceeding involving the contents of official ballots on voting machines
    12  shall  be  made,  if possible, at least five weeks before the day of the
    13  election at which such voting machines  are  to  be  used,  or  if  such
    14  proceeding  is commenced within five weeks of an election, no later than
    15  the day following the day on which the case is heard.
    16    § 17.  Subdivisions 1 and 4 of section 42 of the public officers  law,
    17  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    18  sion  4  as  amended  by chapter 317 of the laws of 1954, are amended to
    19  read as follows:

    20    1. A vacancy occurring before [September] August twentieth of any year
    21  in any office authorized to be filled at a general election,  except  in
    22  the  offices  of governor or lieutenant-governor, shall be filled at the
    23  general election held next thereafter, unless otherwise provided by  the
    24  constitution, or unless previously filled at a special election.
    25    4.  A  special  election  shall  not  be held to fill a vacancy in the
    26  office of a representative in congress unless such vacancy occurs on  or
    27  before  the first day of July of the last year of the term of office, or
    28  unless it occurs thereafter and a special session of congress is  called
    29  to meet before the next general election, or be called after [September]
    30  August  nineteenth  of such year; nor to fill a vacancy in the office of

    31  state senator or in the office of member of assembly, unless the vacancy
    32  occurs before the first day of April of the last year  of  the  term  of
    33  office, or unless the vacancy occurs in either such office of senator or
    34  member  of  assembly after such first day of April and a special session
    35  of the legislature be called to meet between such first day of April and
    36  the next general election or be called after  [September]  August  nine-
    37  teenth  in  such year. If a special election to fill an office shall not
    38  be held as required by law, the office  shall  be  filled  at  the  next
    39  general election.
    40    § 18. This act shall take effect January 1, 2013.
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