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:

BILL NUMBER:A8507

TITLE OF BILL:  An act to amend the election law, in relation to amend-
ing 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
S4-108(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 S4-110 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 S4-112(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 S4-114 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 S4-117(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 S5-604(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 S6-108(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 S6-147(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 S6-158(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 S8-100(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 S9-209(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 S9-211 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 S10-108(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 S11-204(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 S16-102(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 S16-104(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 S42(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:

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

                                         8507

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                     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    S 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    S  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    S 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]
    7  FIFTY-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    S 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    S  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    S 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    S 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    S 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    S  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    S 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    S  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    S  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    S  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    S 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    S  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    S 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    S  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    S 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    S 18. This act shall take effect January 1, 2013.
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