A08198 Summary:

BILL NO    A08198 

SAME AS    SAME AS S06204

SPONSOR    Silver (MS)

COSPNSR    Cusick, Farrell, Morelle, Wright, Gottfried, Galef, Aubry, Dinowitz,
           Millman, Cahill, Markey, Paulin, O'Donnell, Hevesi, Jaffee,
           DenDekker, Abinanti, Bronson, Simotas, Brindisi, Simanowitz, Mosley,
           Skoufis, Mayer, McDonald, Rozic, Stirpe, Fahy, Sepulveda, Jacobs,
           Clark, Schimel, Rosenthal, Weprin, Ortiz

MLTSPNSR   Benedetto, Braunstein, Buchwald, Cook, Kavanagh, Kellner, Lavine,
           Lupardo, Magnarelli, Miller, Moya, Nolan, Otis, Perry, Rodriguez,
           Ryan, Schimminger, Sweeney, Thiele, Weinstein, Weisenberg, Zebrowski

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

Relates to primary elections and amends certain deadlines to facilitate the
timely transmission of ballots to military voters stationed overseas; relates
to filling vacancies in elective offices; relates to the date of primary
elections; and provides for the repeal of certain provisions upon expiration
thereof.
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A08198 Actions:

BILL NO    A08198 

10/21/2013 referred to election law
01/08/2014 referred to election law
01/13/2014 reported referred to rules
01/13/2014 reported 
01/13/2014 rules report cal.2
01/13/2014 ordered to third reading rules cal.2
01/13/2014 passed assembly
01/13/2014 delivered to senate
01/13/2014 REFERRED TO ELECTIONS
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A08198 Votes:

A08198 01/13/2014 126/11
AbbateYCookYGiglioYKolbYMoyaYRosaYTenneyNO
AbinantYCorwinNOGjonajYLalorYNojayYRosenthYThieleY
ArroyoYCrespoYGlickYLavineERNolanYRozicYTitoneY
AubryYCrouchYGoldfedYLentolYOaksYRussellYTitusY
BarclayNOCurranNOGoodellNOLiftonYO'DonneYRyanYWalterY
BarrettYCusickYGottfriYLopezYOrtizYSaladinNOWeinsteY
BenedetYCymbrowYGrafYLupardoYOtisYSantabaYWeisenbY
BlankenYDavilaYGuntherYLupinacYPalmesaERScarborYWeprinY
BorelliYDenDekkYHawleyYMageeYPalumboNOSchimelYWrightY
BoylandYDinowitYHeastieYMagnareYPaulinYSchimmiYZebrowsY
BraunstYDiPietrYHennessYMalliotYPeoplesYSepulveYMr SpkrY
BrennanYDupreyYHevesiYMarkeyERPerryYSimanowY
BrindisYEnglebrYHikindYMayerYPichardYSimotasY
BronsonYFahyYHooperYMcDonalYPretlowNOSkartadY
Brook-KYFarrellYJacobsYMcDonouYQuartYSkoufisY
BuchwalYFinchNOJaffeeYMcKevitNORaNOSolagesY
ButlerYFitzpatYJohnsYMcLaughYRaiaYStecY
CahillYFriendYKatzYMillerYRamosYSteckY
CamaraYGabryszABKavanagYMillmanYRiveraYStevensAB
CerettoYGalefYKearnsYMontesaYRobertsYStirpeY
ClarkYGanttYKellnerABMorelleYRobinsoYSweeneyY
ColtonYGarbariYKimYMosleyYRodriguYTediscoY

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A08198 Memo:

BILL NUMBER:A8198

TITLE OF BILL:  An act to amend the election law, in relation to
primary elections and amending certain deadlines to facilitate the
timely transmission of ballots to military voters stationed overseas;
to amend the public officers law, in relation to filling vacancies in
elective offices; and to amend the election law, in relation to date
of primary elections

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 1 of the bill amends S 1-106(1) of the election law to provide
that all certificates and petitions of designation, certificates of
acceptance or declination of such designations, certificates of
authorization for such designations, certificates of disqualification,
certificates of substitution for such designations 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
(as defined in New York Civil Practice Law and Rules S 2103(b)(6) in
an envelope postmarked or showing receipt by the overnight delivery
service prior to midnight of the last day of filing, and received no
later than two business days after the last day to file such
certificates, petitions, objections or specifications.

Section 2 of the bill amends S 4-104(1) of the election law to specify
that polling places must be designated by March 15th each year which
is a month and a half earlier than the current May 1st deadline.

Section 3 of the bill amends S 4-106(1)&(2) of the election law to set
February 1 in each year as the deadline for the SBOE to transmit to
each county a certificate stating each state and federal office to be
voted upon in such general election. Section 3 further sets February 1
as the date that county boards of election must transmit a certificate
containing complimentary information for local offices to the SBOE.

Section 4 of the bill amends S 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 70 days prior to the
election at which such proposal is to be voted upon.

Section 5 of the bill amends S 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 election the name, residence,
title of office, name of party, and ballot order of each candidate to
be voted for, within such county, who have filed a designation with
the state board of elections.


Section 6 of the bill amends S 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 residence
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 as to whether
any litigation is pending.

Section 7 of the bill amends S 4-114 of the election law to provide
that county boards of 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 election not later
than 53 days before a primary or general election. The 53-day period
was previously applied to special elections in chapter 4 of the laws
of 2011.

Section 7-a of the bill amends S 4-114 of the election law's reverter
clause to preserve the section 7 changes for when then current version
of the section expires.

Section 8 of the bill amends S 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
registered voters of the days and hours 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 participating in election day operations.

Section 9 of the bill amends S 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 10 of the bill amends S 5-708(5) of the election law to
specify that at least one a year during the month of 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 and the names of those voters who have moved and
not left a forwarding address with the USPS.

Section 11 of the bill amends S 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 12 of the bill amends S 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
self-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 13 of the bill amends S 6-158(1), (4-6), (9), (11&12) and (14)
of the election law to provide that:

* Designating petitions be filed between the thirteenth Monday and the
twelfth Thursday preceding a primary election.


* Opportunity to ballot petitions shall be filed not later than the
eleventh Thursday preceding the primary election. Except in the case
of a substitution of a designated person, that an opportunity to
ballot petition may be filed not later than the tenth Thursday
preceding such primary.

* A judicial district convention shall be held not earlier than the
Thursday following the first Monday in August preceding the general
election and not later than six days thereafter.

* 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 30 days after the primary, 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 30 days after the primary of whichever is later.

* Certificates of party nomination of candidates for elector of
president and vice-president of the United States shall be filed not
later than 76 days after the primary.

* 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 23 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
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
twenty-third Tuesday preceding such election.

* A vacancy occurring three months before general election in any year
in any office authorized to be filled at a general election, except in
the officers of governor, lieutenant-governor, or United States
senator 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 14 of the bill amends S 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. This section also makes it clear that all
nominations for public office required to be made at a primary
election in such year shall be made at such primary and that all
members of state and local party committees as well as other party
offices shall be elected at such primary.

Section 15 of the bill amends S 9-208(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 16 of the bill amends S 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 17 of the bill amends S 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 45-day period was previously applied
to special elections in chapter 4 of the laws of 2011.

Section 17-a of the bill amends S 10-108(1)(a) of the election law's
reverter clause to preserve the section 17 changes for when then
current version of the section expires.

Section 18 of the bill amends S 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 19 of the bill amends S 16-102(4) of the election law to adds
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
fore the day of the election in which such ballots or machines are to
be used.

Section 20 of the bill amends S 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 seven days
after the last day to certify the wording of any such abstract or form
of submission. Further this section specifies that 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 if 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.

Section 21 of the bill amends S 42(1) and (2) of the public officers
law to provide that a vacancy occurring three months before general
election in any year in any office authorized to be filled at a
general election, except in the officers of governor,
lieutenant-governor, or United States senator shall be filled at the
general election held next thereafter, unless otherwise provided by
the constitution, or unless previously filled at a special election.
This three-month cut-off date is also inserted into the appropriate
parts of subdivision two of section 42 of the Public Officer's Law.

Section 22 of the bill is the effective date.

JUSTIFICATION: In 2009, 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 1986. UOCAVA required states and territories to
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
citizens. 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, except 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
codified in the MOVE Act. In addition, the overall structure of the
deadlines and due dates in New York State election law mean that that
changing 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.

U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the
case of The United States of America v. State of New YorkThe United
States of America v. State of New York, already set the date for the
federal, non-presidential primary for the fourth Tuesday in June for
2012.

The benefits of merging the federal non-presidential and state
primaries are threefold: such a merger will ensure that military
personnel and New Yorkers living abroad an opportunity to vote, it
will prevent New Yorkers from having to go out and vote in three
separate primaries in 2012, and it also will save New York State
approximately $50,000,000.

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 IMPLICATION: None

EFFECTIVE DATE: This bill would take effect immediately.
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A08198 Text:

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

                                         8198

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   October 21, 2013
                                      ___________

       Introduced  by  M. of A. SILVER, CUSICK, FARRELL, MORELLE, WRIGHT, GOTT-
         FRIED,  GALEF,  AUBRY,  DINOWITZ,  MILLMAN,  CAHILL,  MARKEY,  PAULIN,
         O'DONNELL,  HEVESI,  JAFFEE,  DenDEKKER,  ABINANTI,  BRONSON, SIMOTAS,
         BRINDISI, SIMANOWITZ, MOSLEY, SKOUFIS, MAYER, McDONALD,  ROZIC,  ROSA,
         STIRPE,  FAHY,  SEPULVEDA -- Multi-Sponsored by -- M. of A. BENEDETTO,
         BRAUNSTEIN, BUCHWALD, COOK,  KAVANAGH,  KELLNER,  LAVINE,  MAGNARELLI,
         MILLER,  MOYA,  NOLAN,  OTIS,  RODRIGUEZ,  RYAN, SCHIMEL, SCHIMMINGER,
         SWEENEY, THIELE, WEINSTEIN, WEISENBERG, ZEBROWSKI  --  read  once  and
         referred to the Committee on Election Law

       AN  ACT  to amend the election law, in relation to primary elections and
         amending certain deadlines to facilitate the  timely  transmission  of
         ballots  to  military  voters  stationed overseas; to amend the public
         officers law, in relation to filling vacancies  in  elective  offices;
         and  to  amend  the  election  law,  in  relation  to  date of primary
         elections

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  1  of  section 1-106 of the election law, as
    2  amended by chapter 700 of the laws  of  1977,  is  amended  to  read  as
    3  follows:
    4    1.  All papers required to be filed pursuant to the provisions of this
    5  chapter shall, unless otherwise provided, be filed between the hours  of
    6  nine  A.M.  and  five  P.M.  If  the last day for filing shall fall on a
    7  Saturday, Sunday or legal holiday, the next business  day  shall  become
    8  the  last  day  for filing. All papers sent by mail in an envelope post-
    9  marked prior to midnight of the last day of filing shall be deemed time-
   10  ly filed and accepted for filing when received, except THAT ALL  CERTIF-
   11  ICATES  AND  PETITIONS  OF  DESIGNATION,  CERTIFICATES  OF ACCEPTANCE OR
   12  DECLINATION OF SUCH DESIGNATIONS, CERTIFICATES OF AUTHORIZATION FOR SUCH
   13  DESIGNATIONS, CERTIFICATES OF DISQUALIFICATION, CERTIFICATES OF  SUBSTI-
   14  TUTION  FOR  SUCH  DESIGNATIONS  AND  OBJECTIONS  AND  SPECIFICATIONS OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11845-07-3
       A. 8198                             2

    1  OBJECTIONS TO SUCH CERTIFICATES AND PETITIONS REQUIRED TO BE FILED  WITH
    2  THE STATE BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE CITY
    3  OF NEW YORK SHALL BE DEEMED TIMELY FILED AND ACCEPTED FOR FILING IF SENT
    4  BY  MAIL  OR  OVERNIGHT  DELIVERY SERVICE AS DEFINED IN PARAGRAPH SIX OF
    5  SUBDIVISION (B) OF RULE TWENTY-ONE HUNDRED THREE OF THE  CIVIL  PRACTICE
    6  LAW  AND RULES IN AN ENVELOPE POSTMARKED OR SHOWING RECEIPT BY THE OVER-
    7  NIGHT DELIVERY SERVICE PRIOR TO MIDNIGHT OF THE LAST DAY OF FILING,  AND
    8  RECEIVED NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY TO FILE SUCH
    9  CERTIFICATES,  PETITIONS,  OBJECTIONS  OR SPECIFICATIONS. FAILURE OF THE
   10  POST OFFICE OR ANY OTHER PERSON OR ENTITY TO DELIVER ANY SUCH  PETITION,
   11  CERTIFICATE  OR OBJECTION TO SUCH BOARD OF ELECTIONS OUTSIDE THE CITY OF
   12  NEW YORK NO LATER THAN TWO BUSINESS DAYS AFTER THE LAST DAY TO FILE SUCH
   13  CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICATIONS SHALL BE  A  FATAL
   14  DEFECT.  EXCEPTED  FURTHER that all certificates and petitions of desig-
   15  nation or nomination, certificates of acceptance or declination of  such
   16  designations  and  nominations,  certificates  of  substitution for such
   17  designations  or  nominations  and  objections  and  specifications   of
   18  objections  to such certificates and petitions required to be filed with
   19  the board of elections of the city of New York must be actually received
   20  by such city board of elections on or before the last day  to  file  any
   21  such  petition,  certificate  or objection and such office shall be open
   22  for the receipt of such petitions,  certificates  and  objections  until
   23  midnight  on  the  last  day  to  file any such petition, certificate or
   24  objection. Failure of the post office or any other person or  entity  to
   25  deliver  any  such petition, certificate or objection to such city board
   26  of elections on or before such last day shall be a fatal defect.
   27    S 2. Subdivision 1 of section 4-104 of the election law, as amended by
   28  chapter 180 of the laws of 2005, is amended to read as follows:
   29    1. Every board of elections shall, in  consultation  with  each  city,
   30  town and village, designate the polling places in each election district
   31  in  which  the  meetings  for  the  registration  of voters, and for any
   32  election may be held. The board of trustees of  each  village  in  which
   33  general  and  special  village  elections  conducted  by  the  board  of
   34  elections are held at a time other than the time of a  general  election
   35  shall submit such a list of polling places for such village elections to
   36  the  board  of  elections.  A polling place may be located in a building
   37  owned by a religious organization or used by it as a place  of  worship.
   38  If  such  a  building  is designated as a polling place, it shall not be
   39  required to be open for voter registration on any Saturday  if  this  is
   40  contrary to the religious beliefs of the religious organization. In such
   41  a  situation,  the  board  of  elections  shall  designate  an alternate
   42  location to be used for voter registration. Such polling places must  be
   43  designated  by  [May  first] MARCH FIFTEENTH, of each year, and shall be
   44  effective for one year thereafter. Such a list required to be  submitted
   45  by  a  village  board of trustees must be submitted at least four months
   46  before each general village election and shall be effective  until  four
   47  months before the subsequent general village election. No place in which
   48  a business licensed to sell alcoholic beverages for on premises consump-
   49  tion is conducted on any day of local registration or of voting shall be
   50  so  designated.  If,  within  the discretion of the board of elections a
   51  particular polling place so  designated  is  subsequently  found  to  be
   52  unsuitable  or  unsafe  or should circumstances arise that make a desig-
   53  nated polling place unsuitable or unsafe, then the board of elections is
   54  empowered to select an alternative meeting place. In  the  city  of  New
   55  York,  the  board  of  elections shall designate such polling places and
       A. 8198                             3

    1  alternate registration places if the polling place cannot  be  used  for
    2  voter registration on Saturdays.
    3    S 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    4  vision  2  as amended by chapter 635 of the laws of 1990, are amended to
    5  read as follows:
    6    1. The state board of elections shall, [at least eight  months  before
    7  each]  BY  FEBRUARY  FIRST IN THE YEAR OF THE general election, make and
    8  transmit to the board of elections of each county, a certificate stating
    9  each office, except county, city, village and town offices to  be  voted
   10  for at such election in such county.
   11    2.  Each  county, city, village and town clerk, [at least eight months
   12  before each] BY FEBRUARY FIRST IN THE  YEAR  OF  THE  general  election,
   13  shall  make and transmit to the board of elections a certificate stating
   14  each county, city, village or town office, respectively to be voted  for
   15  at  each  such election. Each village clerk, at least five months before
   16  each general village election conducted by the board of elections, shall
   17  make, and transmit to such board, a  certificate  stating  each  village
   18  office to be filled at such election.
   19    S  4.    Paragraph b of subdivision 1 of section 4-108 of the election
   20  law, as amended by chapter 117 of the laws of 1985, is amended  to  read
   21  as follows:
   22    b. Whenever any proposal, proposition or referendum as provided by law
   23  is  to  be  submitted  to  a vote of the people of a county, city, town,
   24  village or special district, at an election conducted by  the  board  of
   25  elections,  the  clerk  of such political subdivision, at least [thirty-
   26  six] SEVENTY days prior to the election at which such proposal, proposi-
   27  tion or referendum is to be submitted, shall transmit to each  board  of
   28  elections  a certified copy of the text of such proposal, proposition or
   29  referendum and a statement of the form in which it is to  be  submitted.
   30  If  a  special  election is to be held, such transmittal shall also give
   31  the date of such election.
   32    S 5. Section 4-110 of the election law, as amended by chapter  434  of
   33  the laws of 1984, is amended to read as follows:
   34    S  4-110. Certification of primary election candidates; state board of
   35  elections. The state board of  elections  not  later  than  [thirty-six]
   36  FIFTY-FOUR  days  before  a  primary  election OR A PRESIDENTIAL PRIMARY
   37  ELECTION, shall certify to each county board of elections: The name  and
   38  residence  of each candidate to be voted for within the political subdi-
   39  vision of such board for whom a designation  has  been  filed  with  the
   40  state board; the title of the office or position for which the candidate
   41  is  designated;  the  name of the party upon whose primary ballot his OR
   42  HER name is to be placed; and the order in which the names of the candi-
   43  dates are to be printed as determined  by  the  state  board.  Where  an
   44  office  or  position is uncontested, such certification shall state such
   45  fact.
   46    S 6. Subdivision 1 of section 4-112 of the election law, as amended by
   47  chapter 4 of the laws of 2011, is amended to read as follows:
   48    1.  The  state  board  of  elections,  not  later  than   [thirty-six]
   49  FIFTY-FOUR  days before a general election, or fifty-three days before a
   50  special election, shall certify to each county board  of  elections  the
   51  name  and residence of each candidate nominated in any valid certificate
   52  filed with it or by the returns canvassed by it, the title of the office
   53  for which nominated; the name of the party or body specified of which he
   54  OR SHE is a candidate; the emblem chosen to distinguish  the  candidates
   55  of the party or body; and a notation as to whether or not any litigation
   56  is  pending  concerning  the  candidacy. Upon the completion of any such
       A. 8198                             4

    1  litigation, the state board of  elections  shall  forthwith  notify  the
    2  appropriate  county  boards  of  elections  of the results of such liti-
    3  gation.
    4    S  7.  Section  4-114 of the election law, as amended by chapter 99 of
    5  the laws of 2013, is amended to read as follows:
    6    S 4-114. Determination of candidates and questions;  county  board  of
    7  elections.  The  county  board of elections, not later than the [thirty-
    8  fifth] FIFTY-THIRD day  before  the  day  of  a  primary  [or],  general
    9  [election,  or  the  fifty-third day before a], special, OR PRESIDENTIAL
   10  PRIMARY election, shall determine  the  candidates  duly  nominated  for
   11  public  office  and the questions that shall appear on the ballot within
   12  the jurisdiction of that board of elections.  Provided, however, in  any
   13  year in which there has been a run-off election in the city of New York,
   14  the  board  of  elections of such city shall, not later than the twenty-
   15  eighth day before the general  election  in  that  year,  determine  the
   16  candidates duly nominated for public office and the questions that shall
   17  appear  on  the ballot within the jurisdiction of the board of elections
   18  of the city of New York.
   19    S 7-a. Section 4-114 of the election law, as amended by chapter  4  of
   20  the laws of 2011, is amended to read as follows:
   21    S  4-114.  Determination  of candidates and questions; county board of
   22  elections. The county board of elections, not later  than  the  [thirty-
   23  fifth]  FIFTY-THIRD  day  before  the  day  of  a  primary [or], general
   24  [election, or the fifty-third day before a], OR special election,  shall
   25  determine  the candidates duly nominated for public office and the ques-
   26  tions that shall appear on the ballot within the  jurisdiction  of  that
   27  board of elections.
   28    S 8. Subdivision 1 of section 4-117 of the election law, as amended by
   29  chapter 288 of the laws of 2009, is amended to read as follows:
   30    1.  The  board of elections, [between August first and August fifth of
   31  each year] NOT LESS THAN SIXTY-FIVE DAYS  NOR  MORE  THAN  SEVENTY  DAYS
   32  BEFORE THE PRIMARY ELECTION IN EACH YEAR, shall send by first class mail
   33  on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
   34  request  that  any  such  mail  received for persons not residing at the
   35  address be dropped back in the mail, a communication, in a form approved
   36  by the state board of elections, to every registered voter who has  been
   37  registered without a change of address since the beginning of such year,
   38  except  that  the  board of elections shall not be required to send such
   39  communications to voters in inactive  status.  The  communication  shall
   40  notify the voter of the days and hours of the ensuing primary and gener-
   41  al  elections, the place where he OR SHE appears by his OR HER registra-
   42  tion records to be entitled to vote, the fact that voters who have moved
   43  or will have moved from the address where they were last registered must
   44  re-register or, that if such move was to another  address  in  the  same
   45  county or city, that such voter may either notify the board of elections
   46  of  his  OR HER new address or vote by paper ballot at the polling place
   47  for his OR HER new address even if such voter has not re-registered,  or
   48  otherwise  notified  the board of elections of the change of address. If
   49  the location of the polling place for the voter's election district  has
   50  been moved, the communication shall contain the following legend in bold
   51  type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
   52  The communication shall also  indicate  whether  the  polling  place  is
   53  accessible  to  physically disabled voters, that a voter who will be out
   54  of the city or county on the day of the primary or general election or a
   55  voter who is ill or physically disabled may obtain an  absentee  ballot,
   56  that  a  physically disabled voter whose polling place is not accessible
       A. 8198                             5

    1  may request that his OR HER registration record be moved to an  election
    2  district which has a polling place which is accessible, the phone number
    3  to  call  for applications to move a registration record or for absentee
    4  ballot applications, the phone number to call for the location of regis-
    5  tration  and  polling  places, the phone number to call to indicate that
    6  the voter is willing to serve on election day as an election  inspector,
    7  poll clerk, interpreter or in other capacities, the phone number to call
    8  to obtain an application for registration by mail, and such other infor-
    9  mation  concerning  the  elections  or  registration  as  the  board may
   10  include. In lieu of  sending  such  communication  to  every  registered
   11  voter,  the  board  of  elections  may  send a single communication to a
   12  household containing more than one registered voter, provided  that  the
   13  names  of all such voters appear as part of the address on such communi-
   14  cation.
   15    S 9. Subdivision 1 of section 5-604 of the election law, as amended by
   16  chapter 28 of the laws of 2010, is amended to read as follows:
   17    1. The board of elections shall also cause to be  published  for  each
   18  election  district  a  complete  list  of  the registered voters of each
   19  election district. Such list  shall,  in  addition  to  the  information
   20  required  for  registration  lists, include the party enrollment of each
   21  voter. At least as many copies of such list shall  be  prepared  as  the
   22  required minimum number of registration lists.
   23    Lists  for  all  the election districts in a ward or assembly district
   24  may be bound together in one volume. The board of elections  shall  also
   25  cause  to  be published a complete list of names and residence addresses
   26  of the registered voters, including the party enrollment of each  voter,
   27  for  each town and city over which the board has jurisdiction. The names
   28  for each town and city may be arranged according to street and number or
   29  alphabetically. Such lists shall be published before the  first  day  of
   30  [April]  FEBRUARY.  The board shall keep at least five copies for public
   31  inspection at each main office or branch office of  the  board.  Surplus
   32  copies  of the lists shall be sold at a charge not exceeding the cost of
   33  publication.
   34    S 10. Paragraph a of subdivision 5 of section 5-708  of  the  election
   35  law,  as added by chapter 659 of the laws of 1994, is amended to read as
   36  follows:
   37    a. At least once each year during the month of  [May]  FEBRUARY,  each
   38  board  of  elections shall obtain through the National Change of Address
   39  System, the forwarding address for  every  voter  registered  with  such
   40  board  of elections for whom the United States Postal Service has such a
   41  forwarding address together with the name of each such  voter  whom  the
   42  Postal  Service  records indicate has moved from the address at which he
   43  is registered without leaving a forwarding address.
   44    S 11. Subdivision 1 of section 6-108 of the election law,  as  amended
   45  by chapter 160 of the laws of 1996, is amended to read as follows:
   46    1.  In  any town in a county having a population of over seven hundred
   47  fifty thousand inhabitants, as shown by the latest federal decennial  or
   48  special  population  census,  party  nominations  of candidates for town
   49  offices shall be made at the primary  preceding  the  election.  In  any
   50  other  town, nominations of candidates for town offices shall be made by
   51  caucus or primary election as the rules of the  county  committee  shall
   52  provide, except that the members of the county committee from a town may
   53  adopt  by  a two-thirds vote, a rule providing that the party candidates
   54  for town offices shall be nominated at the primary election. If  a  rule
   55  adopted  by  the county committee of a political party or by the members
   56  of the county committee from a town, provides that party candidates  for
       A. 8198                             6

    1  town  offices, shall be nominated at a primary election, such rule shall
    2  not apply to nor affect a primary held less than  four  months  after  a
    3  certified  copy  of  the  rule  shall  have been filed with the board of
    4  elections.  After  the filing of such a rule, the rule shall continue in
    5  force until a certified copy of a rule revoking the same shall have been
    6  filed with such board at least four months before a subsequent  primary.
    7  Such  a  caucus  shall  be  held  no earlier than the first day on which
    8  designating petitions for the [fall] primary election may be signed.
    9    S 12. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
   10  amended  by  chapter  434  of  the  laws of 1984, are amended to read as
   11  follows:
   12    1. The name of a person designated on more  than  one  petition  as  a
   13  candidate for a party position to be filled by two or more persons shall
   14  be  printed on the ballot with the group of candidates designated by the
   15  petition first filed unless such person, in a certificate duly  acknowl-
   16  edged by him OR HER and filed with the board of elections not later than
   17  the  [eighth]  TENTH Tuesday preceding the primary election or five days
   18  after the board of elections mails such person  notice  of  his  OR  HER
   19  designation in more than one group, whichever is later, specifies anoth-
   20  er group in which his OR HER name shall be printed.
   21    2.  A  person  designated as a candidate for the position of member of
   22  the county committee in more than one election district shall be  deemed
   23  to  have been designated in the lowest numbered election district unless
   24  such person, in a certificate duly acknowledged by him OR HER, and filed
   25  with the board of elections not later than the  [eighth]  TENTH  Tuesday
   26  preceding the primary election or five days after the board of elections
   27  mails  such  person  notice  of  his OR HER designation in more than one
   28  election district whichever is later, specifies that he OR SHE wishes to
   29  be deemed designated in a different election district.
   30    S 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
   31  the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
   32  of  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws
   33  of 1992, and subdivision 9 as amended by chapter  517  of  the  laws  of
   34  1986, are amended to read as follows:
   35    1.  A designating petition shall be filed not earlier than the [tenth]
   36  THIRTEENTH Monday before, and not later than the [ninth] TWELFTH  Thurs-
   37  day preceding the primary election.
   38    4. A petition of enrolled members of a party requesting an opportunity
   39  to write in the name of an undesignated candidate for a public office or
   40  party  position  at a primary election shall be filed not later than the
   41  [eighth] ELEVENTH Thursday  preceding  the  primary  election.  However,
   42  where a designating petition has been filed and the person named therein
   43  has  declined such designation and another person has been designated to
   44  fill the vacancy, then in that event, a petition for an  opportunity  to
   45  ballot in a primary election shall be filed not later than the [seventh]
   46  TENTH Thursday preceding such primary election.
   47    5.  A  judicial district convention shall be held not earlier than the
   48  [Tuesday] THURSDAY following  the  [third  Monday  in  September]  FIRST
   49  MONDAY  IN AUGUST preceding the general election and not later than [the
   50  fourth Monday in September preceding such election] SIX DAYS THEREAFTER.
   51    6. (A) A certificate of a party nomination  made  other  than  at  the
   52  primary  election  for  an  office to be filled at the time of a general
   53  election shall be filed not later than [seven]  THIRTY  days  after  the
   54  [fall] primary election, (B) except that a certificate of nomination for
   55  an  office  which  becomes  vacant  after the seventh day preceding such
   56  primary election shall be filed not later than  [fourteen]  THIRTY  DAYS
       A. 8198                             7

    1  AFTER THE PRIMARY ELECTION OR TEN days after the creation of such vacan-
    2  cy,  WHICHEVER  IS LATER, and (C) except, further, that a certificate of
    3  party nomination of candidates for elector of president and  vice-presi-
    4  dent  of  the  United  States  shall  be filed not later than [fourteen]
    5  SEVENTY-SIX days after the [fall] primary  election,  and  except  still
    6  further  that  a  certificate  of  party  nomination  made at a judicial
    7  district convention shall be filed not later than the day after the last
    8  day to hold such convention and the minutes  of  such  convention,  duly
    9  certified  by the chairman and secretary, shall be filed within seventy-
   10  two hours after adjournment of the convention.  A certificate  of  party
   11  nomination  for  an  office  to be filled at a special election shall be
   12  filed not later than ten days following the issuance of  a  proclamation
   13  of such election.
   14    9. A petition for an independent nomination for an office to be filled
   15  at  the  time  of  a  general  election  shall be filed not earlier than
   16  [twelve] TWENTY-FOUR weeks and  not  later  than  [eleven]  TWENTY-THREE
   17  weeks  preceding such election. A petition for an independent nomination
   18  for an office to be filled at a special  election  shall  be  filed  not
   19  later  than twelve days following the issuance of a proclamation of such
   20  election. A petition for trustee of  the  Long  Island  Power  Authority
   21  shall be filed not earlier than seven weeks and not later than six weeks
   22  preceding the day of the election of such trustees.
   23    11. A certificate of acceptance or declination of an independent nomi-
   24  nation  for  an  office  to  be filled at the time of a general election
   25  shall be filed not later than the third day after the  [eleventh]  TWEN-
   26  TY-THIRD  Tuesday  preceding  such  election except that a candidate who
   27  files such a certificate of acceptance for an  office  for  which  there
   28  have  been  filed  certificates  or  petitions designating more than one
   29  candidate for the nomination of any party, may thereafter file a certif-
   30  icate of declination not later than the  third  day  after  the  primary
   31  election.   A certificate of acceptance or declination of an independent
   32  nomination for an office to be filled at a  special  election  shall  be
   33  filed not later than fourteen days following the issuance of a proclama-
   34  tion of such election.
   35    12.  A  certificate  to  fill  a vacancy caused by a declination of an
   36  independent nomination for an office to be  filled  at  the  time  of  a
   37  general  election  shall be filed not later than the sixth day after the
   38  [eleventh] TWENTY-THIRD Tuesday preceding such election.  A  certificate
   39  to  fill  a vacancy caused by a declination of an independent nomination
   40  for an office to be filled at a special  election  shall  be  filed  not
   41  later than sixteen days following the issuance of a proclamation of such
   42  election.
   43    14.  A  vacancy occurring THREE MONTHS before [September twentieth of]
   44  THE GENERAL ELECTION IN any year in any office authorized to  be  filled
   45  at  a  general  election, except in the offices of governor, lieutenant-
   46  governor, or United States  senator  shall  be  filled  at  the  general
   47  election  held next thereafter, unless otherwise provided by the consti-
   48  tution, or unless previously filled at a special election.
   49    S 14. Paragraph (a) of subdivision 1 of section 8-100 of the  election
   50  law, as amended by chapter 17 of the laws of 2007, is amended to read as
   51  follows:
   52    (a)  A  primary  election[, to be known as the fall primary,] shall be
   53  held on the [first] FOURTH Tuesday [after the second Monday] in [Septem-
   54  ber] JUNE before every general election unless otherwise changed  by  an
   55  act  of the legislature.  MEMBERS OF THE STATE AND COUNTY COMMITTEES AND
   56  ASSEMBLY DISTRICT LEADERS AND ASSOCIATE DISTRICT LEADERS AND  ALL  OTHER
       A. 8198                             8

    1  PARTY  POSITIONS  TO BE ELECTED SHALL BE ELECTED AT SUCH PRIMARY AND ALL
    2  NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
    3  IN  SUCH YEAR SHALL BE MADE AT SUCH PRIMARY. In each year in which elec-
    4  tors  of  president  and  vice  president of the United States are to be
    5  elected an additional primary election, to be known as the spring prima-
    6  ry, shall be held on the first  Tuesday  in  February  unless  otherwise
    7  changed by an act of the legislature, for the purpose of electing deleg-
    8  ates to the national convention[, members of state and county committees
    9  and assembly district leaders and associate assembly district leaders].
   10    S  15.  Subdivision 1 of section 9-208 of the election law, as amended
   11  by chapter 163 of the laws of 2010, is amended to read as follows:
   12    1. Within [fifteen] TWENTY-ONE days after  each  general,  special  or
   13  primary  election,  and  within  seven days after every village election
   14  conducted by the board of elections at which ballot scanners  are  used,
   15  the  board  of  elections,  or a bipartisan committee of or appointed by
   16  said board shall, in each county using ballot scanners, make a record of
   17  the serial number of each ballot scanner used in each election  district
   18  in such general, special or primary election. No person who was a candi-
   19  date at such election shall be appointed to membership on the committee.
   20  Such  board  of  elections  or  bipartisan committee shall recanvass the
   21  tabulated result tape from each ballot scanner  used  in  each  election
   22  district  by  comparing  such  tape  with the numbers as recorded on the
   23  return of canvass. The said board or committee shall also make a  recan-
   24  vass  of  any  election day paper ballots that have not been scanned and
   25  were hand counted pursuant to subdivision two of section 9-110  of  this
   26  article  and  compare  the  results  with  the number as recorded on the
   27  return of canvass. The board or committee shall then recanvass  write-in
   28  votes,  if any, on ballots which were otherwise scanned and canvassed at
   29  polling places on election night. The board or committee shall  validate
   30  and  prove such sums. Before making such canvass the board of elections,
   31  with respect to each election district to  be  recanvassed,  shall  give
   32  notice  in writing to the voting machine custodian thereof, to the state
   33  and county chair of each party or  independent  body  which  shall  have
   34  nominated  candidates  for the said general or special election or nomi-
   35  nated or elected candidates at the said primary  election  and  to  each
   36  individual  candidate  whose  name  appears on the office ballot, of the
   37  time and place where such canvass is to be made; and the state and coun-
   38  ty chair of each such party or independent body and each such individual
   39  candidate may send a representative to be  present  at  such  recanvass.
   40  Each  candidate whose name appears on the official ballot, or his or her
   41  representative, shall have the right personally to examine  and  make  a
   42  record of the vote recorded on the tabulated result tape and any ballots
   43  which were hand counted.
   44    S  16. Subdivision 1 of section 9-211 of the election law, as added by
   45  chapter 181 of the laws of 2005, is amended to read as follows:
   46    1. Within [fifteen] TWENTY-ONE days  after  each  general  or  special
   47  election,  and  within  [seven]  TWENTY-ONE  days after every primary or
   48  village election conducted by the  board  of  elections,  the  board  of
   49  elections  or a bipartisan committee appointed by such board shall manu-
   50  ally audit the voter verifiable audit  records  from  three  percent  of
   51  voting machines or systems within the jurisdiction of such board. Voting
   52  machines or systems shall be selected for audit through a random, manual
   53  process.  At  least five days prior to the time fixed for such selection
   54  process, the board of elections shall send notice by first class mail to
   55  each candidate, political party and independent body  entitled  to  have
   56  had  watchers  present  at  the  polls  in any election district in such
       A. 8198                             9

    1  board's jurisdiction. Such notice shall state the time and  place  fixed
    2  for  such  random selection process. The audit shall be conducted in the
    3  same manner, to the extent applicable, as a canvass  of  paper  ballots.
    4  Each  candidate, political party or independent body entitled to appoint
    5  watchers to attend at a polling place shall be entitled to appoint  such
    6  number of watchers to observe the audit.
    7    S 17. Paragraph (a) of subdivision 1 of section 10-108 of the election
    8  law, as amended by chapter 99 of the laws of 2013, is amended to read as
    9  follows:
   10    (a)  Ballots for military voters shall be mailed or otherwise distrib-
   11  uted by the board of elections, in accordance with the preferred  method
   12  of  transmission  designated  by the voter pursuant to section 10-107 of
   13  this article, as soon as practicable but in any  event  not  later  than
   14  [thirty-two]  FORTY-FIVE  days  before  a  primary or general election[;
   15  twenty-five days before],   a  New  York  city  community  school  board
   16  district  or  city  of  Buffalo  school district election; fourteen days
   17  before a village election conducted  by  the  board  of  elections;  and
   18  forty-five days before a special election. Notwithstanding the foregoing
   19  provisions  of  this section, in any year in which there has been a run-
   20  off election in the city of New York, ballots for military voters  shall
   21  be  mailed  or  otherwise  distributed by the board of elections of such
   22  city in accordance with the preferred method of transmission  designated
   23  by  the  voter  pursuant  to  section 10-107 of this article, as soon as
   24  practicable but in any event not later than twenty-five  days  before  a
   25  general  election  in  that  year. A voter who submits a military ballot
   26  application shall be entitled to a military ballot thereafter  for  each
   27  subsequent  election through and including the next two regularly sched-
   28  uled general elections held in even numbered years, including  any  run-
   29  offs  which  may occur; provided, however, such application shall not be
   30  valid for any election held within seven days after its receipt. Ballots
   31  shall also be mailed to any qualified  military  voter  who  is  already
   32  registered  and  who  requests  such  military ballot from such board of
   33  elections in a letter, which is signed by the voter and received by  the
   34  board  of  elections  not later than the seventh day before the election
   35  for which the ballot is requested and which states the address where the
   36  voter is registered and the address to which the ballot is to be mailed.
   37  The board of elections shall enclose with such ballot a form of applica-
   38  tion for military ballot. In the case of a primary election,  the  board
   39  shall deliver only the ballot of the party with which the military voter
   40  is  enrolled  according to the military voter's registration records. In
   41  the event a primary election is  uncontested  in  the  military  voter's
   42  election district for all offices or positions except the party position
   43  of  member  of the ward, town, city or county committee, no ballot shall
   44  be delivered to such military voter for such election; and the  military
   45  voter  shall  be  advised of the reason why he or she will not receive a
   46  ballot.
   47    S 17-a. Paragraph (a) of  subdivision  1  of  section  10-108  of  the
   48  election law, as amended by chapter 4 of the laws of 2011, is amended to
   49  read as follows:
   50    (a)  Ballots for military voters shall be mailed or otherwise distrib-
   51  uted by the board of elections, in accordance with the preferred  method
   52  of  transmission  designated  by the voter pursuant to section 10-107 of
   53  this article, as soon as practicable but in any  event  not  later  than
   54  [thirty-two]  FORTY-FIVE  days  before  a  primary or general election[;
   55  twenty-five days  before],  a  New  York  city  community  school  board
   56  district  or  city  of  Buffalo  school district election; fourteen days
       A. 8198                            10

    1  before a village election conducted  by  the  board  of  elections;  and
    2  forty-five  days  before a special election. A voter who submits a mili-
    3  tary ballot application shall be entitled to a military ballot thereaft-
    4  er for each subsequent election through and including the next two regu-
    5  larly scheduled general elections held in even numbered years, including
    6  any  run-offs which may occur; provided, however, such application shall
    7  not be valid for any election held within seven days after its  receipt.
    8  Ballots  shall  also  be  mailed  to any qualified military voter who is
    9  already registered and who requests such military ballot from such board
   10  of elections in a letter, which is signed by the voter and  received  by
   11  the  board  of  elections  not  later  than  the  seventh day before the
   12  election for which the ballot is requested and which states the  address
   13  where  the voter is registered and the address to which the ballot is to
   14  be mailed. The board of elections shall enclose with such ballot a  form
   15  of  application  for military ballot. In the case of a primary election,
   16  the board shall deliver only the ballot of  the  party  with  which  the
   17  military  voter  is enrolled according to the military voter's registra-
   18  tion records. In the event a primary  election  is  uncontested  in  the
   19  military  voter's  election district for all offices or positions except
   20  the party position of member of the ward, town, city or  county  commit-
   21  tee,  no  ballot  shall  be  delivered  to  such military voter for such
   22  election; and the military voter shall be advised of the reason  why  he
   23  or she will not receive a ballot.
   24    S  18. Subdivision 4 of section 11-204 of the election law, as amended
   25  by chapter 4 of the laws of 2011, is amended to read as follows:
   26    4. If the board of elections shall determine that the applicant making
   27  the application provided for in this section is qualified to receive and
   28  vote a special federal ballot, it shall, as soon as practicable after it
   29  shall have so determined, or not later than [thirty-two] FORTY-FIVE days
   30  before each general or primary  [election  and  forty-five  days  before
   31  each] OR special election OR PRESIDENTIAL PRIMARY ELECTION in which such
   32  applicant  is  qualified to vote, or three days after receipt of such an
   33  application, whichever is later, mail to him or  her  at  the  residence
   34  address  outside  the  United  States shown in his or her application, a
   35  special federal ballot, an  inner  affirmation  envelope  and  an  outer
   36  envelope,  or  otherwise distribute same to the voter in accordance with
   37  the preferred method of transmission designated by the voter pursuant to
   38  section 11-203 of this title. The board of elections shall also mail, or
   39  otherwise distribute in accordance with the preferred method  of  trans-
   40  mission  designated  by  the  voter  pursuant  to section 11-203 of this
   41  title, a special federal ballot to every qualified special federal voter
   42  who is already registered and who requests such special  federal  ballot
   43  from  such  board of elections in a letter, which is signed by the voter
   44  and received by the board of elections not later than  the  seventh  day
   45  before  the  election  for which the ballot is first requested and which
   46  states the address where the voter is  registered  and  the  address  to
   47  which  the ballot is to be mailed.  The board of elections shall enclose
   48  with such ballot a form of application for a special federal ballot.
   49    S 19. Subdivision 4 of section 16-102 of the election law, as added by
   50  chapter 135 of the laws of 1986, is amended to read as follows:
   51    4. A final order INCLUDING  THE  RESOLUTION  OF  ANY  APPEALS  in  any
   52  proceeding  involving  the  names  of  candidates  on  ballots or voting
   53  machines shall be made, if possible, at least five weeks before the  day
   54  of the election at which such ballots or voting machines are to be used,
   55  or  if  such proceeding is commenced within five weeks of such election,
   56  no later than the day following the day on which the case is heard.
       A. 8198                            11

    1    S 20. Subdivisions 3 and 4 of section  16-104  of  the  election  law,
    2  subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
    3  sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
    4  read as follows:
    5    3.  A  proceeding  pursuant to subdivision two of this section must be
    6  instituted within [fourteen] SEVEN days after the last  day  to  certify
    7  the wording of any such abstract or form of submission.
    8    4.  A  final  order  INCLUDING  THE  RESOLUTION  OF ANY APPEALS in any
    9  proceeding involving the contents of official ballots on voting machines
   10  shall be made, if possible, at least five weeks before the  day  of  the
   11  election  at  which  such  voting  machines  are  to be used, or if such
   12  proceeding is commenced within five weeks of an election, no later  than
   13  the day following the day on which the case is heard.
   14    S  21.  Subdivisions 1 and 4 of section 42 of the public officers law,
   15  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
   16  sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
   17  read as follows:
   18    1.  A  vacancy  occurring THREE MONTHS before [September twentieth of]
   19  THE GENERAL ELECTION IN any year in any office authorized to  be  filled
   20  at  a general election, except in the offices of governor or lieutenant-
   21  governor, shall be filled at the general election held next  thereafter,
   22  unless  otherwise  provided  by  the  constitution, or unless previously
   23  filled at a special election.
   24    4. A special election shall not be held  to  fill  a  vacancy  in  the
   25  office  of a representative in congress unless such vacancy occurs on or
   26  before the first day of July of the last year of the term of office,  or
   27  unless  it occurs thereafter and a special session of congress is called
   28  to meet before the next general election, or be called after  [September
   29  nineteenth  of]  THREE  MONTHS BEFORE THE GENERAL ELECTION IN such year;
   30  nor to fill a vacancy in the office of state senator or in the office of
   31  member of assembly, unless the vacancy occurs before the  first  day  of
   32  April  of  the  last  year  of the term of office, or unless the vacancy
   33  occurs in either such office of senator or member of assembly after such
   34  first day of April and a special session of the legislature be called to
   35  meet between such first day of April and THE NEXT GENERAL ELECTION OR BE
   36  CALLED AFTER THREE MONTHS BEFORE the next general election [or be called
   37  after September nineteenth] in such year. If a special election to  fill
   38  an  office  shall  not  be  held as required by law, the office shall be
   39  filled at the next general election.
   40    S 22. This act shall take effect immediately; provided, however,  that
   41  the  amendments  to  section  4-114  of the election law made by section
   42  seven of this act and the amendments to paragraph (a) of  subdivision  1
   43  of  section 10-108 of the election law made by section seventeen of this
   44  act shall be subject to the expiration and reversion of such section and
   45  paragraph, respectively, pursuant to chapter 99 of the laws of 2013,  as
   46  amended,  when  upon  such  date  the provisions of sections seven-a and
   47  seventeen-a of this act shall take effect.
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