A09108 Summary:

BILL NOA09108
 
SAME ASSAME AS S06452-A
 
SPONSORCusick
 
COSPNSRHeastie, Farrell, Gottfried, Galef, Dinowitz, Cahill, Paulin, O'Donnell, Hevesi, DenDekker, Abinanti, Bronson, Simotas, Brindisi, Simanowitz, Skoufis, Mayer, Rozic, Stirpe, Fahy, Sepulveda, Schimel, Rosenthal, Weprin, Ortiz, Barrett, Walker, Gunther, McDonald, Kavanagh
 
MLTSPNSRBenedetto, Blake, Braunstein, Buchwald, Lentol, Lifton, Lupardo, Magnarelli, Miller, Mosley, Rodriguez, Santabarbara, Schimminger, Simon, Steck, Thiele, Weinstein, Zebrowski
 
Amd El L, generally; amd 42, 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.
Go to top    

A09108 Actions:

BILL NOA09108
 
01/27/2016referred to election law
02/01/2016reported referred to rules
02/01/2016reported
02/01/2016rules report cal.2
02/01/2016ordered to third reading rules cal.2
02/02/2016passed assembly
02/02/2016delivered to senate
02/02/2016REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
Go to top

A09108 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9108
 
SPONSOR: Cusick (MS)
  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 and in relation to date of primary elections; 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 1 of the bill amends § 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 authori- zation for such designations, certificates of disqualification, certif- icates of substitution for such designations and objections and specifi- cations 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 (allowed by subdi- vision 3 of this section) 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 § 3-420(1) of the election law to increase the compensation for election inspectors to $250 and for election coor- dinators to $350 in New York City. Section 3 of the bill amends § 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 4 of the bill amends § 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 contain- ing complimentary information for local offices to the SBOE. Section 5 of the bill amends § 4-108(1)(b) of the election law to provide that the certified text of any proposal, proposition, or refer- endum 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 three months prior to the general election at which such proposal is to be voted upon. Section 6 of the bill amends § 4-110 of the election law to provide that the state board of elections shall certify to each county board of elections 55 days before a primary election or presidential primary 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-a of the bill amends § 4-110 of the election law's reverter clause to preserve the section 5 changes for when then current version of the section expires. Section 7 of the bill amends § 4-112(1) of the election law to provide that the state board of elections shall certify to each county board of elections 55 days before a general election 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 8 of the bill amends § 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 54 days before a primary or general election. Section 8-a of the bill amends § 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 9 of the bill amends § 4-117(1) of the election law to provide that a "mail check card" be mailed by the local board of elections between 65 and 70 days before a primary election to notify active regis- tered 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 participat- ing on election day. Section 10 of the bill amends § 5-604(1) of the election law to provide that local boards of election shall publish updated enrollment lists before February 1 each year. Section 11 of the bill amends § 5-708(5) of the election law to specify that at least once 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 did not leave a forwarding address with the USPS. Section 12 of the bill amends § 6-108(1) of the election law to remove a reference to a "fall" primary and replaces it with a reference to "the primary." Section 13 of the bill amends § 6-147(1) and (2) of the election law to provide that duly acknowledged certificates relating to grouping of candidates, candidates running for party positions with a group, or 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 14 of the bill amends § 6-158 of the election law to provide that: * In subdivision (1), designating petitions be filed between the thir- teenth Monday and the twelfth Thursday preceding a primary election. * In subdivision (4), 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 opportu- nity to ballot petition may be filed not later than the tenth Thursday preceding such primary. * In subdivision (5), a judicial district convention shall be held not earlier than ten days following the state constitutional deadline for the vacancy in the office of the supreme court to occur and still be filled at the next general election, and not later than six days after the earliest date to hold such convention. * In subdivision (6), 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 prima- ry, 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 or ten days after the creation of such vacancy, whichever is later. * In subdivision (9), a petition for an independent nomination for an office to be filled at the time of a general election shall be filed not earlier than 23 weeks and not later than 22 weeks preceding such election. * In subdivision (11), 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- second Tuesday preceding such election. * In subdivision (12), a certificate to fill a vacancy caused by a declination of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the sixth day after the twenty-second Tuesday preceding such election. * In subdivision (14), a vacancy occurring three months before the general election in any year in any office authorized to be filled at a general election, except in the officers of governor, lieutenant-gover- nor, 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-a of the bill amends § 6-158(6) of the election law's revert- er clause to preserve the section 13 changes for when then current version of the subdivision expires. Section 15 of the bill amends § 8-100(1) of the election law to provide that a primary election shall be held on the fourth Tuesday in June before every general election unless otherwise changed by an act of the legislature. 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-a of the bill amends § 8-100 of the election law's reverter clause to preserve the section 14 changes for when then current version of the subdivision expires. Section 16 of the bill amends § 10-108(1)(a) of the election law to provide that ballots for military voters are sent out 46 days before a primary or general election. Section 16-a of the bill amends § 10-108(1)(a) of the election law's reverter clause to preserve the section 15 changes for when then current version of the subdivision expires. Section 17 of the bill amends § 11-204(4) of the election law to provide that ballots for overseas voters are sent out 46 days before a primary or general election. Section 17-a of the bill amends § 11-204(4) of the election law's reverter clause to preserve the section 16 changes for when then current version of the section expires. Section 18 of the bill amends § 42(1) and (4) 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 there- after, unless otherwise provided by the constitution, or unless previ- ously filled at a special election. This three-month cut-off date is also inserted into the appropriate parts of subdivision four of section 42 of the Public Officer's Law. Section 19 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 (UOCA- VA) 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 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, 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 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. 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 York, already set the date for the federal,non-presidential primary for the fourth Tuesday in June for 2016. 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 York- ers from having to go out and vote in three separate primaries in 2016, and it also will save New York State approximately $25,000,000. 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.
Go to top

A09108 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9108
 
                   IN ASSEMBLY
 
                                    January 27, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  CUSICK,  HEASTIE, FARRELL, GOTTFRIED, GALEF,
          DINOWITZ, CAHILL,  PAULIN,  O'DONNELL,  HEVESI,  DenDEKKER,  ABINANTI,
          BRONSON, SIMOTAS, BRINDISI, SIMANOWITZ, SKOUFIS, MAYER, ROZIC, STIRPE,
          FAHY,  SEPULVEDA, SCHIMEL, ROSENTHAL, WEPRIN, ORTIZ -- Multi-Sponsored
          by -- M. of A.   BENEDETTO,  BLAKE,  BRAUNSTEIN,  BUCHWALD,  KAMINSKY,
          KAVANAGH,  LENTOL, LIFTON, LUPARDO, MAGNARELLI, MILLER, MOSLEY, RODRI-
          GUEZ, SANTABARBARA,  SCHIMMINGER,  SIMON,  STECK,  THIELE,  WEINSTEIN,
          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 and in relation to date
          of primary elections;  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. 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  or  nomination,  certificates  of
    12  acceptance  or  declination of such designations or nominations, certif-
    13  icates of authorization for such designations  or  nominations,  certif-
    14  icates of disqualification, certificates of substitution for such desig-
    15  nations  or  nominations and objections and specifications of objections
    16  to such certificates and petitions required to be filed with  the  state
    17  board  of  elections  or a board of elections outside of the city of New
    18  York shall be deemed timely filed and accepted for  filing  if  sent  by
    19  mail  or  designated  delivery service permitted by subdivision three of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02859-06-6

        A. 9108                             2
 
     1  this section, in an envelope postmarked prior to midnight  of  the  last
     2  day  of  filing  and  received no later than two business days after the
     3  last day to file such certificates, petitions, objections or  specifica-
     4  tions.  Failure  of  the  post  office  or any other person or entity to
     5  deliver any such petition, certificate or objection  to  such  board  of
     6  elections  outside  the city of New York no later than two business days
     7  after the last day to file such certificates, petitions,  objections  or
     8  specifications  shall  be  a  fatal  defect.  Excepted  further that all
     9  certificates and petitions of designation or nomination, certificates of
    10  acceptance or declination of such designations and nominations,  certif-
    11  icates   of  substitution  for  such  designations  or  nominations  and
    12  objections and specifications of objections  to  such  certificates  and
    13  petitions  required  to be filed with the board of elections of the city
    14  of New York must be actually received by such city board of elections on
    15  or before the last  day  to  file  any  such  petition,  certificate  or
    16  objection  and  such  office  shall  be  open  for  the  receipt of such
    17  petitions, certificates and objections until midnight on the last day to
    18  file any such petition, certificate or objection. Failure  of  the  post
    19  office  or  any  other  person  or  entity to deliver any such petition,
    20  certificate or objection to such city board of elections  on  or  before
    21  such last day shall be a fatal defect.
    22    § 2. Subdivision 1 of section 3-420 of the election law, as amended by
    23  chapter 180 of the laws of 2005, is amended to read as follows:
    24    1.  Election inspectors, poll clerks, election coordinators and quali-
    25  fied voters appointed to act in place of an absent inspector,  clerk  or
    26  coordinator shall be paid for their services on the days of registration
    27  and  election,  by  the county containing the election district in which
    28  they serve, in an amount fixed by the county legislative  body,  subject
    29  to  such  limitations  as  shall be prescribed or authorized by statute,
    30  except that in the city of New York  the  amount  of  such  compensation
    31  shall be payable by such city and shall be fixed by the mayor at a daily
    32  rate  which,  in  the case of election inspectors shall not be less than
    33  [one hundred thirty] two hundred  fifty  dollars  and  in  the  case  of
    34  election  coordinators  not  less than [two hundred] three hundred fifty
    35  dollars. Such inspectors, poll clerks, election coordinators and  quali-
    36  fied  voters  at  a general or special village election conducted by the
    37  board of elections shall be paid by such village in an amount  fixed  by
    38  the village board of trustees subject to any such limitations.
    39    § 3. Subdivision 1 of section 4-104 of the election law, as amended by
    40  chapter 180 of the laws of 2005, is amended to read as follows:
    41    1.  Every  board  of  elections shall, in consultation with each city,
    42  town and village, designate the polling places in each election district
    43  in which the meetings for  the  registration  of  voters,  and  for  any
    44  election  may  be  held.  The board of trustees of each village in which
    45  general  and  special  village  elections  conducted  by  the  board  of
    46  elections  are  held at a time other than the time of a general election
    47  shall submit such a list of polling places for such village elections to
    48  the board of elections. A polling place may be  located  in  a  building
    49  owned  by  a religious organization or used by it as a place of worship.
    50  If such a building is designated as a polling place,  it  shall  not  be
    51  required  to  be  open for voter registration on any Saturday if this is
    52  contrary to the religious beliefs of the religious organization. In such
    53  a situation,  the  board  of  elections  shall  designate  an  alternate
    54  location  to be used for voter registration. Such polling places must be
    55  designated by [May first] March fifteenth, of each year,  and  shall  be
    56  effective  for one year thereafter. Such a list required to be submitted

        A. 9108                             3
 
     1  by a village board of trustees must be submitted at  least  four  months
     2  before  each  general village election and shall be effective until four
     3  months before the subsequent general village election. No place in which
     4  a business licensed to sell alcoholic beverages for on premises consump-
     5  tion is conducted on any day of local registration or of voting shall be
     6  so  designated.  If,  within  the discretion of the board of elections a
     7  particular polling place so  designated  is  subsequently  found  to  be
     8  unsuitable  or  unsafe  or should circumstances arise that make a desig-
     9  nated polling place unsuitable or unsafe, then the board of elections is
    10  empowered to select an alternative meeting place. In  the  city  of  New
    11  York,  the  board  of  elections shall designate such polling places and
    12  alternate registration places if the polling place cannot  be  used  for
    13  voter registration on Saturdays.
    14    § 4. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    15  vision  2  as amended by chapter 635 of the laws of 1990, are amended to
    16  read as follows:
    17    1. The state board of elections shall, [at least eight  months  before
    18  each]  by  February first in the year of each general election, make and
    19  transmit to the board of elections of each county, a certificate stating
    20  each office, except county, city, village and town offices to  be  voted
    21  for at such election in such county.
    22    2.  Each  county, city, village and town clerk, [at least eight months
    23  before each] by February first in the year  of  each  general  election,
    24  shall  make and transmit to the board of elections a certificate stating
    25  each county, city, village or town office, respectively to be voted  for
    26  at  each  such election. Each village clerk, at least five months before
    27  each general village election conducted by the board of elections, shall
    28  make, and transmit to such board, a  certificate  stating  each  village
    29  office to be filled at such election.
    30    §  5.    Paragraph b of subdivision 1 of section 4-108 of the election
    31  law, as amended by chapter 117 of the laws of 1985, is amended  to  read
    32  as follows:
    33    b. Whenever any proposal, proposition or referendum as provided by law
    34  is  to  be  submitted  to  a vote of the people of a county, city, town,
    35  village or special district, at an election conducted by  the  board  of
    36  elections, the clerk of such political subdivision, at least [thirty-six
    37  days] three months prior to the general election at which such proposal,
    38  proposition  or  referendum  is  to be submitted, shall transmit to each
    39  board of elections a certified copy of the text of such proposal, propo-
    40  sition or referendum and a statement of the form in which it  is  to  be
    41  submitted.  If  a special election is to be held, such transmittal shall
    42  also give the date of such election.
    43    § 6. Section 4-110 of the election law, as amended by  chapter  87  of
    44  the laws of 2015, is amended to read as follows:
    45    §  4-110. Certification of primary election candidates; state board of
    46  elections.  The state board of elections, not  later  than  [thirty-six]
    47  fifty-five  days before a primary election or [fifty-four days before] a
    48  presidential primary election, shall certify to  each  county  board  of
    49  elections:  The  name  and  residence  of each candidate to be voted for
    50  within the political subdivision of such board for  whom  a  designation
    51  has been filed with the state board; the title of the office or position
    52  for  which the candidate is designated; the name of the party upon whose
    53  primary ballot his or her name is to be placed; and the order  in  which
    54  the names of the candidates are to be printed as determined by the state
    55  board.  Where  an  office or position is uncontested, such certification
    56  shall state such fact.

        A. 9108                             4
 
     1    § 6-a. Section 4-110 of the election law, as amended by chapter 434 of
     2  the laws of 1984, is amended to read as follows:
     3    §  4-110. Certification of primary election candidates; state board of
     4  elections. The state board of  elections  not  later  than  [thirty-six]
     5  fifty-five  days before a primary election, shall certify to each county
     6  board of elections: The name and residence of each candidate to be voted
     7  for within the political subdivision of such board  for  whom  a  desig-
     8  nation  has  been filed with the state board; the title of the office or
     9  position for which the candidate is designated; the name  of  the  party
    10  upon whose primary ballot his or her name is to be placed; and the order
    11  in  which the names of the candidates are to be printed as determined by
    12  the state board. Where  an  office  or  position  is  uncontested,  such
    13  certification shall state such fact.
    14    § 7. Subdivision 1 of section 4-112 of the election law, as amended by
    15  chapter 4 of the laws of 2011, is amended to read as follows:
    16    1.  The  state  board of elections, not later than [thirty-six] fifty-
    17  five days before a  general  election,  or  fifty-three  days  before  a
    18  special  election,  shall  certify to each county board of elections the
    19  name and residence of each candidate nominated in any valid  certificate
    20  filed with it or by the returns canvassed by it, the title of the office
    21  for which nominated; the name of the party or body specified of which he
    22  or  she  is a candidate; the emblem chosen to distinguish the candidates
    23  of the party or body; and a notation as to whether or not any litigation
    24  is pending concerning the candidacy. Upon the  completion  of  any  such
    25  litigation,  the  state  board  of  elections shall forthwith notify the
    26  appropriate county boards of elections of  the  results  of  such  liti-
    27  gation.
    28    §  8.  Section  4-114 of the election law, as amended by chapter 87 of
    29  the laws of 2015, is amended to read as follows:
    30    § 4-114. Determination of candidates and questions;  county  board  of
    31  elections.  The  county  board of elections, not later than the [thirty-
    32  fifth] fifty-fourth day before the day of a primary or general election,
    33  or the fifty-third day before a special election or presidential primary
    34  election, shall determine  the  candidates  duly  nominated  for  public
    35  office  and  the  questions  that  shall appear on the ballot within the
    36  jurisdiction of that board of elections.
    37    § 8-a. Section 4-114 of the election law, as amended by chapter  4  of
    38  the laws of 2011, is amended to read as follows:
    39    §  4-114.  Determination  of candidates and questions; county board of
    40  elections. The county board of elections, not later  than  the  [thirty-
    41  fifth] fifty-fourth day before the day of a primary or general election,
    42  or  the  fifty-third  day before a special election, shall determine the
    43  candidates duly nominated for public office and the questions that shall
    44  appear on the ballot within the jurisdiction of that board of elections.
    45    § 9. Subdivision 1 of section 4-117 of the election law, as amended by
    46  chapter 288 of the laws of 2009, is amended to read as follows:
    47    1. The board of elections, [between August first and August  fifth  of
    48  each  year]  not  less  than  sixty-five days nor more than seventy days
    49  before the primary election in each year, shall send by first class mail
    50  on which is endorsed "ADDRESS CORRECTION REQUESTED" and which contains a
    51  request that any such mail received for  persons  not  residing  at  the
    52  address be dropped back in the mail, a communication, in a form approved
    53  by  the state board of elections, to every registered voter who has been
    54  registered without a change of address since the beginning of such year,
    55  except that the board of elections shall not be required  to  send  such
    56  communications  to  voters  in  inactive status. The communication shall

        A. 9108                             5
 
     1  notify the voter of the days and hours of the ensuing primary and gener-
     2  al elections, the place where he or she appears by his or her  registra-
     3  tion records to be entitled to vote, the fact that voters who have moved
     4  or will have moved from the address where they were last registered must
     5  re-register  or,  that  if  such move was to another address in the same
     6  county or city, that such voter may either notify the board of elections
     7  of his or her new address or vote by paper ballot at the  polling  place
     8  for  his or her new address even if such voter has not re-registered, or
     9  otherwise notified the board of elections of the change of  address.  If
    10  the  location of the polling place for the voter's election district has
    11  been moved, the communication shall contain the following legend in bold
    12  type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE  AT..........".
    13  The  communication  shall  also  indicate  whether  the polling place is
    14  accessible to physically disabled voters, that a voter who will  be  out
    15  of the city or county on the day of the primary or general election or a
    16  voter  who  is ill or physically disabled may obtain an absentee ballot,
    17  that a physically disabled voter whose polling place is  not  accessible
    18  may  request that his or her registration record be moved to an election
    19  district which has a polling place which is accessible, the phone number
    20  to call for applications to move a registration record or  for  absentee
    21  ballot applications, the phone number to call for the location of regis-
    22  tration  and  polling  places, the phone number to call to indicate that
    23  the voter is willing to serve on election day as an election  inspector,
    24  poll clerk, interpreter or in other capacities, the phone number to call
    25  to obtain an application for registration by mail, and such other infor-
    26  mation  concerning  the  elections  or  registration  as  the  board may
    27  include. In lieu of  sending  such  communication  to  every  registered
    28  voter,  the  board  of  elections  may  send a single communication to a
    29  household containing more than one registered voter, provided  that  the
    30  names  of all such voters appear as part of the address on such communi-
    31  cation.
    32    § 10. Subdivision 1 of section 5-604 of the election law,  as  amended
    33  by chapter 28 of the laws of 2010, is amended to read as follows:
    34    1.  The  board  of elections shall also cause to be published for each
    35  election district a complete list  of  the  registered  voters  of  each
    36  election  district.  Such  list  shall,  in  addition to the information
    37  required for registration lists, include the party  enrollment  of  each
    38  voter.  At  least  as  many copies of such list shall be prepared as the
    39  required minimum number of registration lists.
    40    Lists for all the election districts in a ward  or  assembly  district
    41  may  be  bound together in one volume. The board of elections shall also
    42  cause to be published a complete list of names and  residence  addresses
    43  of  the registered voters, including the party enrollment of each voter,
    44  for each town and city over which the board has jurisdiction. The  names
    45  for each town and city may be arranged according to street and number or
    46  alphabetically.  Such  lists  shall be published before the first day of
    47  [April] February.  The board shall keep at least five copies for  public
    48  inspection  at  each  main office or branch office of the board. Surplus
    49  copies of the lists shall be sold at a charge not exceeding the cost  of
    50  publication.
    51    §  11.  Paragraph  a of subdivision 5 of section 5-708 of the election
    52  law, as added by chapter 659 of the laws of 1994, is amended to read  as
    53  follows:
    54    a.  At  least  once each year during the month of [May] February, each
    55  board of elections shall obtain through the National Change  of  Address
    56  System,  the  forwarding  address  for  every voter registered with such

        A. 9108                             6
 
     1  board of elections for whom the United States Postal Service has such  a
     2  forwarding  address  together  with the name of each such voter whom the
     3  Postal Service records indicate has moved from the address at  which  he
     4  is registered without leaving a forwarding address.
     5    §  12.  Subdivision 1 of section 6-108 of the election law, as amended
     6  by chapter 160 of the laws of 1996, is amended to read as follows:
     7    1. In any town in a county having a population of over  seven  hundred
     8  fifty  thousand inhabitants, as shown by the latest federal decennial or
     9  special population census, party  nominations  of  candidates  for  town
    10  offices  shall  be  made  at  the primary preceding the election. In any
    11  other town, nominations of candidates for town offices shall be made  by
    12  caucus  or  primary  election as the rules of the county committee shall
    13  provide, except that the members of the county committee from a town may
    14  adopt by a two-thirds vote, a rule providing that the  party  candidates
    15  for  town  offices shall be nominated at the primary election. If a rule
    16  adopted by the county committee of a political party or by  the  members
    17  of  the county committee from a town, provides that party candidates for
    18  town offices, shall be nominated at a primary election, such rule  shall
    19  not  apply  to  nor  affect a primary held less than four months after a
    20  certified copy of the rule shall have  been  filed  with  the  board  of
    21  elections.  After  the filing of such a rule, the rule shall continue in
    22  force until a certified copy of a rule revoking the same shall have been
    23  filed with such board at least four months before a subsequent  primary.
    24  Such  a  caucus  shall  be  held  no earlier than the first day on which
    25  designating petitions for the [fall] primary election may be signed.
    26    § 13. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
    27  amended  by  chapter  434  of  the  laws of 1984, are amended to read as
    28  follows:
    29    1. The name of a person designated on more  than  one  petition  as  a
    30  candidate for a party position to be filled by two or more persons shall
    31  be  printed on the ballot with the group of candidates designated by the
    32  petition first filed unless such person, in a certificate duly  acknowl-
    33  edged by him or her and filed with the board of elections not later than
    34  the  [eighth]  tenth Tuesday preceding the primary election or five days
    35  after the board of elections mails such person  notice  of  his  or  her
    36  designation in more than one group, whichever is later, specifies anoth-
    37  er group in which his or her name shall be printed.
    38    2.  A  person  designated as a candidate for the position of member of
    39  the county committee in more than one election district shall be  deemed
    40  to  have been designated in the lowest numbered election district unless
    41  such person, in a certificate duly acknowledged by him or her, and filed
    42  with the board of elections not later than the  [eighth]  tenth  Tuesday
    43  preceding the primary election or five days after the board of elections
    44  mails  such  person  notice  of  his or her designation in more than one
    45  election district whichever is later, specifies that he or she wishes to
    46  be deemed designated in a different election district.
    47    § 14. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
    48  the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
    49  of  the laws of 1984, subdivision 6 as amended by chapter 87 of the laws
    50  of 2015, and subdivision 9 as amended by chapter  517  of  the  laws  of
    51  1986, are amended to read as follows:
    52    1.  A designating petition shall be filed not earlier than the [tenth]
    53  thirteenth Monday before, and not later than the [ninth] twelfth  Thurs-
    54  day preceding the primary election.
    55    4. A petition of enrolled members of a party requesting an opportunity
    56  to write in the name of an undesignated candidate for a public office or

        A. 9108                             7

     1  party  position  at a primary election shall be filed not later than the
     2  [eighth] eleventh Thursday  preceding  the  primary  election.  However,
     3  where a designating petition has been filed and the person named therein
     4  has  declined such designation and another person has been designated to
     5  fill the vacancy, then in that event, a petition for an  opportunity  to
     6  ballot in a primary election shall be filed not later than the [seventh]
     7  tenth Thursday preceding such primary election.
     8    5.  A judicial district convention shall be held not earlier than [the
     9  Tuesday following the third Monday in September  preceding  the  general
    10  election  and  not  later  than the fourth Monday in September preceding
    11  such election] ten days following the deadline pursuant to section twen-
    12  ty-one of article VI of the state constitution for the  vacancy  in  the
    13  office  of  the  supreme  court to occur and still be filled at the next
    14  general election and not later than six days after such earliest date to
    15  hold such convention.
    16    6. (a) A certificate of a party nomination  made  other  than  at  the
    17  primary  election  for  an  office to be filled at the time of a general
    18  election shall be filed not later than [seven]  thirty  days  after  the
    19  [fall] primary election, (b) except that a certificate of nomination for
    20  an  office  which  becomes  vacant  after the seventh day preceding such
    21  primary election shall be filed not later than  [fourteen]  thirty  days
    22  after the primary election or ten days after the creation of such vacan-
    23  cy,  whichever  is later, and (c) except, further, that a certificate of
    24  party nomination of candidates for elector of president and  vice-presi-
    25  dent  of  the  United  States  shall  be filed not later than sixty days
    26  before the two thousand sixteen general election, and (d)  except  still
    27  further  that  a  certificate  of  party  nomination  made at a judicial
    28  district convention shall be filed not later than the day after the last
    29  day to hold such convention and the minutes  of  such  convention,  duly
    30  certified  by the chairman and secretary, shall be filed within seventy-
    31  two hours after adjournment of the convention. A  certificate  of  party
    32  nomination  for  an  office  to be filled at a special election shall be
    33  filed not later than ten days following the issuance of  a  proclamation
    34  of such election.
    35    9. A petition for an independent nomination for an office to be filled
    36  at  the  time  of  a  general  election  shall be filed not earlier than
    37  [twelve] twenty-three weeks and not later than [eleven] twenty-two weeks
    38  preceding such election. A petition for an independent nomination for an
    39  office to be filled at a special election shall be filed not later  than
    40  twelve  days  following the issuance of a proclamation of such election.
    41  [A petition for trustee of the Long  Island  Power  Authority  shall  be
    42  filed  not earlier than seven weeks and not later than six weeks preced-
    43  ing the day of the election of such trustees.]
    44    11. A certificate of acceptance or declination of an independent nomi-
    45  nation for an office to be filled at the  time  of  a  general  election
    46  shall  be  filed not later than the third day after the [eleventh] twen-
    47  ty-second Tuesday preceding such election except that  a  candidate  who
    48  files  such  a  certificate  of acceptance for an office for which there
    49  have been filed certificates or  petitions  designating  more  than  one
    50  candidate for the nomination of any party, may thereafter file a certif-
    51  icate  of  declination  not  later  than the third day after the primary
    52  election.  A certificate of acceptance or declination of an  independent
    53  nomination  for  an  office  to be filled at a special election shall be
    54  filed not later than fourteen days following the issuance of a proclama-
    55  tion of such election.

        A. 9108                             8

     1    12. A certificate to fill a vacancy caused  by  a  declination  of  an
     2  independent  nomination  for  an  office  to  be filled at the time of a
     3  general election shall be filed not later than the sixth day  after  the
     4  [eleventh]  twenty-second Tuesday preceding such election. A certificate
     5  to  fill  a vacancy caused by a declination of an independent nomination
     6  for an office to be filled at a special  election  shall  be  filed  not
     7  later than sixteen days following the issuance of a proclamation of such
     8  election.
     9    14.  A  vacancy occurring three months before [September twentieth of]
    10  the general election in any year in any office authorized to  be  filled
    11  at  a  general  election, except in the offices of governor, lieutenant-
    12  governor, or United States  senator  shall  be  filled  at  the  general
    13  election  held next thereafter, unless otherwise provided by the consti-
    14  tution, or unless previously filled at a special election.
    15    § 14-a. Subdivision 6 of section 6-158 of the election law, as amended
    16  by chapter 79 of the laws of 1992, is amended to read as follows:
    17    6. (a) A certificate of a party nomination  made  other  than  at  the
    18  primary  election  for  an  office to be filled at the time of a general
    19  election shall be filed not later than [seven]  thirty  days  after  the
    20  fall  primary  election, (b) except that a certificate of nomination for
    21  an office which becomes vacant after  the  seventh  day  preceding  such
    22  primary  election  shall  be filed not later than [fourteen] thirty days
    23  after the primary election or ten days after the creation of such vacan-
    24  cy, whichever is later, and (c) except, further, that a  certificate  of
    25  party  nomination of candidates for elector of president and vice-presi-
    26  dent of the United States shall be filed not later than [fourteen] sixty
    27  days [after the fall primary]  before  the  general  election,  and  (d)
    28  except  still  further  that a certificate of party nomination made at a
    29  judicial district convention shall be filed not later than the day after
    30  the last day to hold such convention and the minutes of such convention,
    31  duly certified by the chairman and  secretary,  shall  be  filed  within
    32  seventy-two  hours after adjournment of the convention. A certificate of
    33  party nomination for an office to be filled at a special election  shall
    34  be  filed  not later than ten days following the issuance of a proclama-
    35  tion of such election.
    36    § 15. Paragraph (a) of subdivision 1 of section 8-100 of the  election
    37  law, as amended by chapter 87 of the laws of 2015, is amended to read as
    38  follows:
    39    (a)  A  primary  election[, to be known as the fall primary,] shall be
    40  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
    41  ber] June before every general election unless otherwise changed  by  an
    42  act  of the legislature.  Members of the state and county committees and
    43  assembly district leaders and associate district leaders and  all  other
    44  party  positions  to be elected shall be elected at such primary and all
    45  nominations for public office required to be made at a primary  election
    46  in  such year shall be made at such primary. In each year in which elec-
    47  tors of president and vice president of the  United  States  are  to  be
    48  elected an additional primary election, to be known as the spring prima-
    49  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    50  changed by an act of the legislature, for the purpose of electing deleg-
    51  ates to the national convention[, members of state and county committees
    52  and assembly district leaders and associate assembly district leaders].
    53    § 15-a. Paragraph (a)  of  subdivision  1  of  section  8-100  of  the
    54  election  law,  as amended by chapter 17 of the laws of 2007, is amended
    55  to read as follows:

        A. 9108                             9
 
     1    (a) A primary election[, to be known as the fall  primary,]  shall  be
     2  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
     3  ber]  June  before every general election unless otherwise changed by an
     4  act of the legislature. Members of the state and county  committees  and
     5  assembly  district  leaders and associate district leaders and all other
     6  party positions to be elected shall be elected at such primary  and  all
     7  nominations  for public office required to be made at a primary election
     8  in such year shall be made at such primary. In each year in which  elec-
     9  tors  of  president  and  vice  president of the United States are to be
    10  elected an additional primary election, to be known as the spring prima-
    11  ry, shall be held on the first  Tuesday  in  February  unless  otherwise
    12  changed by an act of the legislature, for the purpose of electing deleg-
    13  ates to the national convention[, members of state and county committees
    14  and assembly district leaders and associate assembly district leaders].
    15    § 16. Paragraph (a) of subdivision 1 of section 10-108 of the election
    16  law, as amended by chapter 87 of the laws of 2015, is amended to read as
    17  follows:
    18    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    19  uted by the board of elections, in accordance with the preferred  method
    20  of  transmission  designated  by the voter pursuant to section 10-107 of
    21  this article, as soon as practicable but in any  event  not  later  than
    22  [thirty-two] forty-six days before a primary or general election[; twen-
    23  ty-five days before], a New York city community school board district or
    24  city of Buffalo school district election; fourteen days before a village
    25  election conducted by the board of elections; and forty-five days before
    26  a special election or presidential primary election. A voter who submits
    27  a  military  ballot  application  shall be entitled to a military ballot
    28  thereafter for each subsequent election through and including  the  next
    29  two  regularly  scheduled general elections held in even numbered years,
    30  including any run-offs which may occur; provided, however, such applica-
    31  tion shall not be valid for any election held within  seven  days  after
    32  its  receipt.  Ballots  shall  also  be mailed to any qualified military
    33  voter who is already registered and who requests  such  military  ballot
    34  from  such  board of elections in a letter, which is signed by the voter
    35  and received by the board of elections not later than  the  seventh  day
    36  before  the  election for which the ballot is requested and which states
    37  the address where the voter is registered and the address to  which  the
    38  ballot  is  to be mailed. The board of elections shall enclose with such
    39  ballot a form of application for military  ballot.  In  the  case  of  a
    40  primary  election,  the board shall deliver only the ballot of the party
    41  with which the military voter is  enrolled  according  to  the  military
    42  voter's  registration records. In the event a primary election is uncon-
    43  tested in the military voter's election  district  for  all  offices  or
    44  positions except the party position of member of the ward, town, city or
    45  county  committee,  no  ballot shall be delivered to such military voter
    46  for such election; and the military voter shall be advised of the reason
    47  why he or she will not receive a ballot.
    48    § 16-a. Paragraph (a) of  subdivision  1  of  section  10-108  of  the
    49  election law, as amended by chapter 4 of the laws of 2011, is amended to
    50  read as 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-six days before a primary or general election[; twen-
    56  ty-five days before], a New York city community school board district or

        A. 9108                            10
 
     1  city of Buffalo school district election; fourteen days before a village
     2  election conducted by the board of elections; and forty-five days before
     3  a  special  election.  A voter who submits a military ballot application
     4  shall  be  entitled  to a military ballot thereafter for each subsequent
     5  election through and including the next two regularly scheduled  general
     6  elections  held in even numbered years, including any run-offs which may
     7  occur; provided, however, such application shall not be  valid  for  any
     8  election  held  within seven days after its receipt.  Ballots shall also
     9  be mailed to any qualified military voter who is already registered  and
    10  who  requests  such  military  ballot  from such board of elections in a
    11  letter, which is signed by the  voter  and  received  by  the  board  of
    12  elections  not  later than the seventh day before the election for which
    13  the ballot is requested and which states the address where the voter  is
    14  registered  and  the  address  to  which the ballot is to be mailed. The
    15  board of elections shall enclose with such ballot a form of  application
    16  for  military ballot. In the case of a primary election, the board shall
    17  deliver only the ballot of the party with which the  military  voter  is
    18  enrolled  according to the military voter's registration records. In the
    19  event a primary election is uncontested in the military voter's election
    20  district for all offices or  positions  except  the  party  position  of
    21  member  of  the ward, town, city or county committee, no ballot shall be
    22  delivered to such military voter for such  election;  and  the  military
    23  voter  shall  be  advised of the reason why he or she will not receive a
    24  ballot.
    25    § 17. Subdivision 4 of section 11-204 of the election law, as  amended
    26  by chapter 87 of the laws of 2015, 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-six days
    31  before each general or primary  election  [and  forty-five  days  before
    32  each] or special election or presidential primary election in which such
    33  applicant  is  qualified to vote, or three days after receipt of such an
    34  application, whichever is later, mail to him or  her  at  the  residence
    35  address  outside  the  United  States shown in his or her application, a
    36  special federal ballot, an  inner  affirmation  envelope  and  an  outer
    37  envelope,  or  otherwise distribute same to the voter in accordance with
    38  the preferred method of transmission designated by the voter pursuant to
    39  section 11-203 of this title. The board of elections shall also mail, or
    40  otherwise distribute in accordance with the preferred method  of  trans-
    41  mission  designated  by  the  voter  pursuant  to section 11-203 of this
    42  title, a special federal ballot to every qualified special federal voter
    43  who is already registered and who requests such special  federal  ballot
    44  from  such  board of elections in a letter, which is signed by the voter
    45  and received by the board of elections not later than  the  seventh  day
    46  before  the  election  for which the ballot is first requested and which
    47  states the address where the voter is  registered  and  the  address  to
    48  which  the  ballot is to be mailed. The board of elections shall enclose
    49  with such ballot a form of application for a special federal ballot.
    50    § 17-a. Subdivision 4 of  section  11-204  of  the  election  law,  as
    51  amended by chapter 4 of the laws of 2011, is amended to read as follows:
    52    4. If the board of elections shall determine that the applicant making
    53  the application provided for in this section is qualified to receive and
    54  vote a special federal ballot, it shall, as soon as practicable after it
    55  shall  have so determined, or not later than [thirty-two] forty-six days
    56  before each general or primary  election  [and  forty-five  days  before

        A. 9108                            11

     1  each]  or special election in which such applicant is qualified to vote,
     2  or three days after receipt of such an application, whichever is  later,
     3  mail  to  him  or her at the residence address outside the United States
     4  shown  in  his  or  her  application, a special federal ballot, an inner
     5  affirmation envelope and an outer envelope, or otherwise distribute same
     6  to the voter in accordance with the  preferred  method  of  transmission
     7  designated  by  the  voter pursuant to section 11-203 of this title. The
     8  board of elections shall also mail, or otherwise distribute  in  accord-
     9  ance  with  the preferred method of transmission designated by the voter
    10  pursuant to section 11-203 of this title, a special  federal  ballot  to
    11  every  qualified special federal voter who is already registered and who
    12  requests such special federal ballot from such board of elections  in  a
    13  letter,  which  is  signed  by  the  voter  and received by the board of
    14  elections not later than the seventh day before the election  for  which
    15  the  ballot  is  first  requested and which states the address where the
    16  voter is registered and the address to which the ballot is to be mailed.
    17  The board of elections shall enclose with such ballot a form of applica-
    18  tion for a special federal ballot.
    19    § 18. Subdivisions 1 and 4 of section 42 of the public  officers  law,
    20  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    21  sion  4  as  amended  by chapter 317 of the laws of 1954, are amended to
    22  read as follows:
    23    1. A vacancy occurring three months before  [September  twentieth  of]
    24  the  general  election in any year in any office authorized to be filled
    25  at a general election, except in the offices of governor or  lieutenant-
    26  governor,  shall be filled at the general election held next thereafter,
    27  unless otherwise provided by  the  constitution,  or  unless  previously
    28  filled at a special election.
    29    4.  A  special  election  shall  not  be held to fill a vacancy in the
    30  office of a representative in congress unless such vacancy occurs on  or
    31  before  the first day of July of the last year of the term of office, or
    32  unless it occurs thereafter and a special session of congress is  called
    33  to  meet before the next general election, or be called after [September
    34  nineteenth of] three months before the general election  in  such  year;
    35  nor to fill a vacancy in the office of state senator or in the office of
    36  member  of  assembly,  unless the vacancy occurs before the first day of
    37  April of the last year of the term of  office,  or  unless  the  vacancy
    38  occurs in either such office of senator or member of assembly after such
    39  first day of April and a special session of the legislature be called to
    40  meet between such first day of April and the next general election or be
    41  called after three months before the next general election [or be called
    42  after  September nineteenth] in such year. If a special election to fill
    43  an office shall not be held as required by  law,  the  office  shall  be
    44  filled at the next general election.
    45    § 19. This act shall take effect immediately; provided, however, that:
    46    (a)  the  amendments  to  section  4-110  of  the election law made by
    47  section six of this act shall be subject to the expiration and reversion
    48  of such section pursuant to section 13 of chapter  87  of  the  laws  of
    49  2015, as amended, when upon such date the provisions of section six-a of
    50  this act shall take effect;
    51    (b)  the  amendments  to  section  4-114  of  the election law made by
    52  section eight of this act shall be subject to the expiration and  rever-
    53  sion of such section pursuant to section 13 of chapter 87 of the laws of
    54  2015,  as amended, when upon such date the provisions of section eight-a
    55  of this act shall take effect;

        A. 9108                            12
 
     1    (c) the amendments to subdivision 6 of section 6-158 of  the  election
     2  law made by section fourteen of this act shall be subject to the expira-
     3  tion and reversion of such subdivision pursuant to section 13 of chapter
     4  87  of  the laws of 2015, as amended, when upon such date the provisions
     5  of section fourteen-a of this act shall take effect;
     6    (d)  the amendments to paragraph (a) of subdivision 1 of section 8-100
     7  of the election law made by section fifteen of this act shall be subject
     8  to the expiration and reversion of such paragraph pursuant to section 13
     9  of chapter 87 of the laws of 2015, as amended, when upon such  date  the
    10  provisions of section fifteen-a of this act shall take effect;
    11    (e) the amendments to paragraph (a) of subdivision 1 of section 10-108
    12  of the election law made by section sixteen of this act shall be subject
    13  to the expiration and reversion of such paragraph pursuant to section 13
    14  of  chapter  87 of the laws of 2015, as amended, when upon such date the
    15  provisions of section sixteen-a of this act shall take effect; and
    16    (f) the amendments to subdivision 4 of section 11-204 of the  election
    17  law  made by section seventeen of this act shall be subject to the expi-
    18  ration and reversion of such subdivision pursuant to section 13 of chap-
    19  ter 87 of the laws  of  2015,  as  amended,  when  upon  such  date  the
    20  provisions of section seventeen-a of this act shall take effect.
Go to top