S05960 Summary:

BILL NOS05960
 
SAME ASNo Same As
 
SPONSORFUNKE
 
COSPNSR
 
MLTSPNSR
 
Amd El L, generally
 
Relates to the conducting of a presidential primary; provides for the election of delegates to a national party convention or a national party conference in the year 2016 and the "presidential" and "fall" primary in such year.
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S05960 Actions:

BILL NOS05960
 
06/14/2015REFERRED TO RULES
01/06/2016REFERRED TO ELECTIONS
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S05960 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5960
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 14, 2015
                                       ___________
 
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the election law, in relation to the conducting  of  the
          presidential  primary,  to  provide for the election of delegates to a
          national party convention or a national party conference in 2016,  and
          the  "Presidential"  and  "Fall"  primary  in  such year; to amend the
          election law, in relation to electing delegates to  a  national  party
          convention; and providing for the repeal of such provisions upon expi-
          ration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1  of  section  8-100  of  the
     2  election  law,  as amended by chapter 17 of the laws of 2007, is amended
     3  to read as follows:
     4    (a) A primary election, to be known as the fall primary, shall be held
     5  on the first Tuesday after the second Monday in September  before  every
     6  general  election unless otherwise changed by an act of the legislature.
     7  Members of state and county committees and assembly district leaders and
     8  associate assembly district leaders and all other party positions to  be
     9  elected  shall  be  elected  at the fall primary and all nominations for
    10  state and local public office required to be made at a primary  election
    11  in  such  year shall be made at the fall primary. In [each] the year two
    12  thousand sixteen in which electors of president and  vice  president  of
    13  the  United States are to be elected, an additional primary election, to
    14  be known as the [spring] presidential primary, shall  be  held  on  [the
    15  first  Tuesday  in  February]  April twenty-sixth, two thousand sixteen,
    16  unless otherwise changed by an act of the legislature, for  the  purpose
    17  of  electing  delegates  and alternate delegates to the national conven-
    18  tion[, members of state and  county  committees  and  assembly  district
    19  leaders and associate assembly district leaders].
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11003-04-5

        S. 5960                             2
 
     1    §  2. Notwithstanding any inconsistent provisions of the election law,
     2  a rule or resolution of a state committee providing for the selection of
     3  delegates and alternate delegates to  a  national  party  convention  or
     4  national  party  conference in the year 2016 shall select either section
     5  three  or section four of this act in order to conform to the rules of a
     6  national committee.  A certified copy of such rule or  resolution  shall
     7  be  filed  with the state board of elections no later than the first day
     8  of November, 2015.
     9    § 3. The election law is amended by adding a new  section  2-122-a  to
    10  read as follows:
    11    §  2-122-a.  National  convention; national party conference.   1. The
    12  rules of the state committee of a party may provide that  the  delegates
    13  and  alternate  delegates  to  a  national  convention or national party
    14  conference be elected by a combination of all of the following methods:
    15    a. By votes cast at a primary election for candidates for  the  office
    16  of  president  of the United States in which the names of candidates for
    17  such office appear on the ballot;
    18    b. By votes cast at a primary election for candidates  for  the  posi-
    19  tions  of  delegate  and  alternate delegate to a national convention in
    20  districts no larger than congressional districts; and
    21    c. By the state committee or a committee of the state committee  at  a
    22  meeting  or convention called for such purpose as the rules of the party
    23  may provide.
    24    2. If  the  rules  of  a  state  committee  adopted  pursuant  to  the
    25  provisions  of  this section provide for a primary election in which the
    26  office of president of the United States appears on the  ballot,  desig-
    27  nation  of  candidates  for  such  office  shall be made pursuant to the
    28  provisions of sections 6-100, 6-118, 6-122 (except that such  candidates
    29  need  not  be  citizens  of  New  York  but  only citizens of the United
    30  States), 6-130, 6-132 (except that references to  a  committee  to  fill
    31  vacancies shall be deemed references to a committee to receive notices),
    32  6-134,  6-144,  the  provisions with respect to declinations in subdivi-
    33  sions one and two of section 6-146 (except that references to a  commit-
    34  tee  to  fill  vacancies  shall  be  deemed references to a committee to
    35  receive notices), 6-154, and subdivision  one  and  the  provision  with
    36  respect to declinations in subdivision two of section 6-158 (except that
    37  such  candidates  may  decline such designations not later than February
    38  sixteenth, two thousand sixteen) of this chapter.  The  state  board  of
    39  elections  shall  forthwith  notify  the  appropriate  county  boards of
    40  elections of any such declination filed.
    41    3. Designating petitions, where required for candidates for the office
    42  of president of the United States to be voted on by voters of the entire
    43  state in a primary election, must be signed by not less than five  thou-
    44  sand of the then enrolled voters of the party in the state.
    45    4. If the rules of a state committee provide for a primary election in
    46  which  the  office  of the president of the United States appears on the
    47  ballot, in addition to the spaces on the ballot with the  names  of  the
    48  candidates designated for such office there may be a space with the word
    49  "uncommitted".    The  "uncommitted" space shall be listed on the ballot
    50  provided that a designating petition for such "uncommitted" space  which
    51  meets  the  same  requirements as a petition designating a candidate for
    52  the office of president of the United States is filed in the same manner
    53  as is required for such a petition.
    54    5. a. The form of a petition requesting that an "uncommitted" space be
    55  listed on the ballot at a primary election for the office  of  president

        S. 5960                             3
 
     1  of  the  United  States  held pursuant to the provisions of this section
     2  shall be substantially as follows:
     3    I, the undersigned, do hereby state that I am a duly enrolled voter of
     4  the .................... Party  and entitled to vote at the next primary
     5  election   of   such   party   to   be   held   on   the ...... day   of
     6  ............... 20...,  that my place of residence is truly stated oppo-
     7  site my signature hereto, and I do hereby request that an  "uncommitted"
     8  space  be listed on the ballot at the primary election of such party for
     9  the office of president of the United States.
    10    b. The appointment of a committee to receive notices shall be  in  the
    11  form prescribed for a petition for an opportunity to ballot.  The signa-
    12  tures  on  the petition with all the required information and the signed
    13  statement of a witness or authentication by a person authorized to  take
    14  oaths  shall  be  in  the form prescribed for a designating petition for
    15  such office.
    16    6. a. If the rules of a  state  committee,  adopted  pursuant  to  the
    17  provisions  of  this section, provide that the positions of delegate and
    18  alternate delegate to a national convention appear on the ballot, desig-
    19  nation of candidates for such positions shall be made  pursuant  to  the
    20  provisions  of  sections  6-100, 6-118, 6-122, 6-130, 6-132 (except that
    21  references to a committee to fill vacancies shall be  deemed  references
    22  to  a  committee  to receive notices), 6-134, 6-144, the provisions with
    23  respect to declinations in subdivisions one and  two  of  section  6-146
    24  (except  that    references  to  a  committee to fill vacancies shall be
    25  deemed references to a committee to receive notices), 6-147, 6-154,  and
    26  subdivision one and the provision with respect to declinations in subdi-
    27  vision two and subdivision three of section 6-158 of this chapter.
    28    b.  Candidates  for  the  positions of district delegate and alternate
    29  district delegate  to  a  national  party  convention  pursuant  to  the
    30  provisions  of  this section shall be enrolled members of such party and
    31  residents of the district in which they are candidates.    The  congres-
    32  sional  districts  used for the election of such delegates and alternate
    33  delegates shall be those districts in effect for the two thousand  four-
    34  teen congressional elections.
    35    c.  Designating  petitions  for  candidates for such positions must be
    36  signed by at least five hundred enrolled voters of the party residing in
    37  the district in which such candidates are designated,  or  by  at  least
    38  one-half of one percent (0.5%) of the then enrolled voters of such party
    39  in such district, whichever is less. Such petition signature requirement
    40  shall  be  computed using the official April first, two thousand fifteen
    41  enrollments published by the state board of elections.
    42    d. The designating petition for any such candidate or candidates shall
    43  have printed thereon prior to the affixing of any signatures thereto,  a
    44  legend  naming  the  presidential  candidate  whom  such  candidates are
    45  pledged to support, or a legend that such  candidates  are  uncommitted.
    46  Such legend shall be part of the title of such position.
    47    e.  No  designating  petition  containing  the  names of more than one
    48  candidate for either such position shall be valid  under  this  section,
    49  for  purposes  of  delegates  and  alternate  delegates, unless all such
    50  candidates for such positions have printed on such petition  the  legend
    51  that  they  are pledged to the same presidential candidate or unless all
    52  such candidates for such positions have printed  on  such  petition  the
    53  legend that they are uncommitted.
    54    f.  No  designating  petition  containing  the  names of more than one
    55  candidate for either such position shall be presumptively  valid  unless
    56  the  candidates for delegate as a group and the candidates for alternate

        S. 5960                             4
 
     1  as a group are equally divided between males and females, with  a  vari-
     2  ance no greater than one.
     3    g.  In  the  event that a designating petition is filed for candidates
     4  for such positions listed as pledged to support a presidential candidate
     5  or as uncommitted, and the name of such presidential candidate,  or  the
     6  word  uncommitted,  will  not  appear  on the ballot at the presidential
     7  primary election in two thousand sixteen, then the petition  designating
     8  such  candidates for such positions shall be null and void and the names
     9  of such candidates for such positions shall not appear on the ballot.
    10    h. Every board of elections with which designating petitions are filed
    11  pursuant to the provisions of this section shall, not  later  than  four
    12  days  after  the  last  day  to file such petitions, file with the state
    13  board of elections by express mail  or  by  electronic  transmission,  a
    14  complete  list  of  all  candidates  for delegate and alternate delegate
    15  together with their residence addresses, the districts in which they are
    16  candidates and the name of the  presidential  candidate  whom  they  are
    17  pledged  to  support  or  that  they  are  uncommitted.  Such  boards of
    18  elections shall, not later than the day after a certificate of  declina-
    19  tion  or  substitution is filed with respect to any such candidate, file
    20  such information with respect to such candidate with the state board  of
    21  elections by electronic transmission.
    22    7.  a.  The  rules  of  a  state  committee  adopted  pursuant  to the
    23  provisions of this section may provide that no candidate for  the  posi-
    24  tions  of  delegate  and  alternate delegate may appear on the ballot as
    25  pledged to support a particular presidential candidate, or as  uncommit-
    26  ted,  unless  the  name of such candidate for such position appears on a
    27  certificate listing the names of those candidates for such positions who
    28  have filed statements of candidacy for such positions with the secretary
    29  of the state committee within the time prescribed by such rules and who,
    30  if their statements of candidacy contained a  pledge  of  support  of  a
    31  presidential  candidate,  were  not rejected by such presidential candi-
    32  date. Such certificate shall also list the address and sex of each  such
    33  candidate  for delegate and alternate delegate and the district in which
    34  such candidate may appear on the ballot.
    35    b. Such certificate shall be filed by  the  secretary  of  such  state
    36  committee,  with  the  board  of  elections  with  which the designating
    37  petitions for such candidates for such  positions  are  required  to  be
    38  filed, not later than February twenty-third, two thousand sixteen.
    39    c.  In  the  event that a designating petition for candidates for such
    40  positions, listed  as  pledged  to  support  a  presidential  candidate,
    41  contains the names of one or more persons who have not been permitted by
    42  such presidential candidate to appear on the ballot as so pledged pursu-
    43  ant to the provisions of this section, then the names of such candidates
    44  shall not appear on the ballot but the names of other candidates on such
    45  petition who have been permitted by the presidential candidate to appear
    46  on  the  ballot  shall be placed on the ballot provided that such candi-
    47  dates are otherwise eligible and that such petition is otherwise valid.
    48    d. The state board of elections shall send a copy of  the  certificate
    49  required  by section 4-110 of this chapter to the secretary of the state
    50  committee of each party conducting a primary pursuant to the  provisions
    51  of  this section not later than March third, two thousand sixteen. Every
    52  other board of elections with which designating petitions  for  delegate
    53  and  alternate  delegate  were  filed pursuant to the provisions of this
    54  section shall, not later than March fourth, two thousand sixteen, send a
    55  list of the names and addresses of those candidates who will  appear  on
    56  the ballot to the secretary of each such state committee.

        S. 5960                             5
 
     1    8.  a.  If  the  rules  of  a  state committee adopted pursuant to the
     2  provisions of this section provide for an election in  which  candidates
     3  for the office of president of the United States and the word "uncommit-
     4  ted" and candidates for the positions of delegate and alternate delegate
     5  to  a  national  convention  appear  on the ballot, such ballot shall be
     6  arranged in the manner prescribed by this section.
     7    b. The name of each candidate for  the  office  of  president  of  the
     8  United  States  who  has  qualified to appear on the ballot and the word
     9  "uncommitted," if a valid designating petition to place such word on the
    10  ballot was filed with the state board of elections, shall  appear  in  a
    11  separate  row or column. The names of all the candidates for delegate to
    12  a national convention  who  filed  designating  petitions  containing  a
    13  legend  naming  the  presidential  candidate  whom  they  are pledged to
    14  support or stating that they are uncommitted shall be listed in such row
    15  or column immediately under or adjacent to the name of such presidential
    16  candidate or the word "uncommitted," followed by the names of all candi-
    17  dates  for  alternate  delegate  to  such  convention  who  filed   such
    18  petitions.  If  the  number  of  candidates, or groups of candidates for
    19  delegate and alternate delegate who are pledged to support a  particular
    20  presidential candidate or who are uncommitted is greater than the number
    21  who  may  be  listed  in one row or column and if there are more rows or
    22  columns available on the ballot than are required for the candidates for
    23  president who have qualified to appear on the ballot, then the board  of
    24  elections shall use two rows or columns on such ballot to list the names
    25  of such candidates for delegate and alternate delegate.
    26    c.  The  order  of the names of candidates for the office of president
    27  and the word "uncommitted" on the ballot and the order of the  names  of
    28  candidates  for the positions of delegate or alternate delegate within a
    29  particular row or column shall be determined pursuant to the  provisions
    30  of  subdivision three of section 7-116 of this chapter except that names
    31  of candidates for  such  positions  who  are  designated  by  individual
    32  petitions  and  not  in a group shall have their positions determined by
    33  lot in the same drawing as groups and except further that candidates  or
    34  groups of candidates for delegates and alternate delegates designated by
    35  the same petition shall be treated as one group for the purposes of such
    36  determination  by lot. The provisions of subdivision six of such section
    37  7-116 of this chapter shall not apply to any election conducted pursuant
    38  to the provisions of this section.
    39    d. Immediately following the name of each candidate for  delegate  and
    40  alternate  delegate  on  the  ballot  shall  appear, in parenthesis, the
    41  letter (M) if such candidate is male and the letter (F) if  such  candi-
    42  date is female.
    43    9.  All primary elections conducted pursuant to the provisions of this
    44  section shall use only voting systems authorized by title two of article
    45  seven of this chapter.
    46    10. Persons entitled to vote pursuant to section 11-200 of this  chap-
    47  ter  shall  be  entitled to sign designating petitions for, and vote in,
    48  any election held pursuant to the provisions of this section.
    49    11. If the rules of a state committee provide for a  primary  election
    50  in  which the office of president of the United States and the positions
    51  of delegate and alternate delegate to a national  convention  appear  on
    52  the  ballot  pursuant to the provisions of this section, the state board
    53  of elections and the county boards of elections as the case may be shall
    54  canvass the results of such primary election for such office  and  posi-
    55  tions  pursuant  to  the  provisions of sections 9-200 and 9-202 of this
    56  chapter, and shall certify to the secretary of the  state  committee  of

        S. 5960                             6
 
     1  such  party  the votes cast for each candidate for such office and posi-
     2  tions in such primary election and the votes cast for the  "uncommitted"
     3  preference,  tallied  separately by congressional districts, except that
     4  no candidate or "uncommitted" preference shall be certified as nominated
     5  or elected to any such office or position.
     6    12.  Except  as  provided  in  this  section and party rules and regu-
     7  lations, all provisions of the election law, except  any  provisions  of
     8  section  2-122  of this article which are inconsistent with this section
     9  and those sections and subdivisions of article six of this  chapter  not
    10  specified  in  this section, shall apply to elections conducted pursuant
    11  to this section.
    12    § 4. The election law is amended by adding a new  section  2-122-b  to
    13  read as follows:
    14    §  2-122-b.  Presidential  primary. 1. Applicability. The selection of
    15  delegates and alternate delegates from New York state  to  the  national
    16  convention  of  the  Republican  party in each year in which electors of
    17  president and vice-president of the United  States  are  to  be  elected
    18  shall be conducted pursuant to the provisions of this section. The state
    19  committee  of  any other political party may, by rule or resolution, opt
    20  to conduct the selection of delegates and  alternate  delegates  in  any
    21  such year in accordance with the provisions of this section. A certified
    22  copy  of  such rule or resolution shall be filed with the state board of
    23  elections no later than twenty weeks prior to the date of such election.
    24    2. General provisions. The awarding of delegates and alternate  deleg-
    25  ates  to a national convention or conference of a political party pursu-
    26  ant to this section shall be determined by the votes cast at a statewide
    27  primary election for candidates for  the  office  of  president  of  the
    28  United States in which the names of candidates for such office appear on
    29  the  ballot  and  the  names of delegates and alternate delegates do not
    30  appear on such ballot.   The total number  of  delegates  and  alternate
    31  delegates  shall  be determined by the call for the national convention.
    32  Three delegates and three alternate  delegates  shall  be  awarded  from
    33  every  congressional  district  in  the  state,  unless the rules of the
    34  national Republican party and/or the call for  the  national  convention
    35  provide differently.  The total number of delegates and alternate deleg-
    36  ates  as  established  by the call for the national convention minus the
    37  number of delegates and alternate  delegates  to  be  awarded  from  the
    38  congressional  districts  shall  be  designated  at-large  delegates and
    39  at-large alternate delegates.
    40    A political party shall certify to the state board  of  elections,  at
    41  least  twelve  weeks  prior to the date of the presidential primary, the
    42  number of delegates to which such party  is  entitled  pursuant  to  its
    43  rules.
    44    Congressional  district  delegates  and  alternate  delegates shall be
    45  awarded  based  upon  the  results  of  separate  and  distinct  primary
    46  elections held within each congressional district of the state. Congres-
    47  sional  district  delegates  and alternate delegates shall be awarded to
    48  presidential candidates pursuant to paragraph b of subdivision  four  of
    49  this  section and elected pursuant to paragraph c of subdivision four of
    50  this section.  At-large  delegates  and  alternate  delegates  shall  be
    51  elected  by the state committee and allocated to presidential candidates
    52  pursuant to subdivision five of this section.
    53    3. Ballot access methods. Candidates shall be eligible  to  appear  on
    54  the  ballot in a primary election of a political party for the office of
    55  president of  the  United  States  pursuant  to  any  of  the  following
    56  provisions:

        S. 5960                             7
 
     1    a.  Any candidate who has been certified as eligible to receive presi-
     2  dential primary matching fund payments pursuant to the provisions of  11
     3  Code  of  Federal  Regulations Part 9033, or any candidate who meets the
     4  eligibility criteria regarding matchable contributions established in 11
     5  Code of Federal Regulations Part 9033.2(b)(3) regardless of whether such
     6  candidate actually applied for such matching fund payments, may request,
     7  by  certificate  filed  and  received by the state board of elections no
     8  sooner than twelve weeks and not later than nine weeks prior to the date
     9  of the presidential primary, that the name of such candidate  appear  on
    10  the  ballot  at  the  primary of such party in the state of New York for
    11  that year.
    12    b. Any candidate may request, by certificate filed and received by the
    13  state board of elections no sooner than twelve weeks and not later  than
    14  nine  weeks prior to the date of the presidential primary, that the name
    15  of such candidate appear on the ballot at the primary of such  party  in
    16  the  state of New York for the office of president of the United States.
    17  Such candidate shall be eligible to appear on the ballot of  such  party
    18  in  the  state  of New York at the primary election for that year if the
    19  state board of elections determines that  the  person  is  a  nationally
    20  known  and recognized candidate and the candidacy of such person for the
    21  party nomination for president is generally and seriously  advocated  or
    22  recognized  according  to  reports  in the national or state news media.
    23  Notwithstanding any inconsistent provision of law  to  the  contrary,  a
    24  request by a candidate to appear on the presidential primary ballot of a
    25  major  political party shall be determined solely upon a joint recommen-
    26  dation by the commissioners of the state board  of  elections  who  have
    27  been  appointed  on  the  recommendation  of such political party or the
    28  legislative leaders of such political party, and no  other  commissioner
    29  of the state board of elections shall participate in such determination.
    30  The  state  board  of elections shall act upon any such request no later
    31  than fifty-five days before the presidential primary.
    32    c. Any candidate shall be eligible to appear on the ballot pursuant to
    33  the provisions of article six of  this  chapter.  Designating  petitions
    34  shall be signed by not less than five thousand or five percent, whichev-
    35  er is less, of the then enrolled voters of the party in the state.
    36    d.    Presidential  candidates  determined  eligible  to appear on the
    37  primary ballot may have their name removed from such primary  ballot  by
    38  filing  a  certificate with the state board of elections and received no
    39  later than twenty-eight days before such primary  election.  After  such
    40  date  but  before  the  date of the primary, presidential candidates may
    41  file a certificate with the state board of elections  deeming  any  vote
    42  for such presidential candidate to be a void vote.
    43    4.  Election  of  delegates and alternate delegates from congressional
    44  districts. a. Each congressional district shall conduct a  separate  and
    45  distinct  primary  election.  Enrolled Republican voters from a congres-
    46  sional district shall vote for a presidential candidate who  has  quali-
    47  fied  for  the  primary  ballot  pursuant  to  subdivision three of this
    48  section.
    49    b. All three delegates  and  all  three  alternate  delegates  from  a
    50  congressional  district shall be awarded to a presidential candidate who
    51  receives a majority of the total votes cast for presidential  candidates
    52  in  such congressional district. If no presidential candidate receives a
    53  majority of the votes in  a  congressional  district,  the  presidential
    54  candidate  receiving  the most votes in the congressional district shall
    55  be awarded two delegates and two alternate delegates and  the  presiden-
    56  tial  candidate  who receives the second most votes in the congressional

        S. 5960                             8
 
     1  district shall be awarded  one  delegate  and  one  alternate  delegate,
     2  provided  however,  that  a presidential candidate must receive at least
     3  twenty percent of the total votes cast for  presidential  candidates  in
     4  the  congressional  district  in  order  to be awarded any delegates and
     5  alternate delegates from that congressional district. If only one presi-
     6  dential candidate receives twenty percent or more  of  the  total  votes
     7  cast for presidential candidates in a congressional district, such pres-
     8  idential  candidate  shall  be awarded all three delegates and all three
     9  alternate delegates.   If  no  presidential  candidate  receives  twenty
    10  percent or more of the total votes cast for presidential candidates in a
    11  congressional  district, the three delegate and three alternate delegate
    12  positions from such district shall be deemed vacant and filled  pursuant
    13  to the rules of the national Republican party.
    14    c.  All congressional district delegates and alternate delegates shall
    15  be elected by the members of the New  York  Republican  state  committee
    16  representing  each  such congressional district and awarded to presiden-
    17  tial candidates  pursuant  to  paragraph  b  of  this  subdivision.  The
    18  congressional  district  delegates  and  alternate  delegates  shall  be
    19  elected by the members  of  the  New  York  Republican  state  committee
    20  representing  each such congressional district at meetings called by the
    21  state chairman and scheduled in compliance with Rule 20 of the Rules  of
    22  the  Republican  Party  (National)  but,  if  practicable, following the
    23  certification of the results of the presidential primary by the New York
    24  state board of elections. The notices of call issued by the state chair-
    25  man shall designate New York Republican state committee members to serve
    26  as chairs and secretaries of the  congressional  district  meetings.  At
    27  these  congressional  district  meetings,  the  members  of the New York
    28  Republican state committee shall each cast votes equal to the Republican
    29  enrollment for their unit of representation that is within the  congres-
    30  sional  district.  Voting by proxy at the congressional district meeting
    31  shall be valid. The chair and secretary of each  congressional  district
    32  meeting  shall  file  a  certificate  with  the  New York state board of
    33  elections stating the names and addresses of the individuals elected  as
    34  congressional  district  delegates  and  alternate delegates within five
    35  days of the meeting.
    36    5. Election of at large delegates and at  large  alternate  delegates.
    37  At-large  delegates and at-large alternate delegates shall be elected by
    38  the New York Republican state  committee  and  awarded  to  presidential
    39  candidates  based  upon  the  statewide vote results of the presidential
    40  primary election. All at-large delegates and at-large  alternate  deleg-
    41  ates shall be awarded to a presidential candidate who receives a majori-
    42  ty of the statewide total votes cast for presidential candidates.  If no
    43  presidential  candidate receives a majority of the statewide total votes
    44  cast for presidential candidates, at-large delegates and at-large alter-
    45  nate delegates shall be allocated and awarded as follows: based  on  the
    46  ratio  of  the total statewide vote received by each presidential candi-
    47  date in relation to the total statewide vote for all presidential candi-
    48  dates receiving at least twenty percent of the  statewide  vote  in  the
    49  presidential  primary  election, the New York Republican state committee
    50  shall apportion pro-rata the number of at-large delegates  and  at-large
    51  alternate  delegates  that  each  presidential  candidate is entitled to
    52  receive rounded to the nearest whole number: provided  however,  that  a
    53  presidential candidate must receive at least twenty percent of the total
    54  statewide  vote  of  the  presidential  primary  election in order to be
    55  awarded any at-large delegates by the New York Republican state  commit-
    56  tee.  In the event the pro-rata apportionment of delegates leaves one or

        S. 5960                             9
 
     1  more delegates unawarded by process of mathematical  distribution,  then
     2  any  such  delegate  or  delegates, shall be awarded to the presidential
     3  candidate with the most statewide votes for all presidential candidates.
     4  In  the event pro-rata apportionment entitles presidential candidates by
     5  process of mathematical distribution to more delegates than are  author-
     6  ized pursuant to the rules of the national Republican party and the call
     7  for  the  national  convention, then the number of delegates awarded for
     8  the candidate receiving the least statewide votes among those  presiden-
     9  tial  candidates  otherwise  entitled  to be awarded delegates, shall be
    10  decreased to the extent necessary to conform to the number of authorized
    11  delegate positions.
    12    6. All provisions of this chapter which are not inconsistent with this
    13  section shall be applicable to a primary election conducted pursuant  to
    14  this section.
    15    §  5.  Section  6-158  of  the election law is amended by adding a new
    16  subdivision 1-a to read as follows:
    17    1-a. A designating petition for a presidential primary election  shall
    18  be  filed not earlier than the twelfth Monday before, and not later than
    19  the eleventh Thursday preceding the presidential primary election.
    20    § 6. Subdivision 6 of section 6-158 of the election law, as amended by
    21  chapter 79 of the laws of 1992, is amended to read as follows:
    22    6. A certificate of a party nomination made other than at the  primary
    23  election  for  an  office to be filled at the time of a general election
    24  shall be filed  not  later  than  seven  days  after  the  fall  primary
    25  election,  except  that  a certificate of nomination for an office which
    26  becomes vacant after the seventh day  preceding  such  primary  election
    27  shall  be  filed not later than fourteen days after the creation of such
    28  vacancy and except, further, that a certificate of party  nomination  of
    29  candidates  for  elector  of  president and vice-president of the United
    30  States shall be filed not later  than  [fourteen  days  after  the  fall
    31  primary  election]  sixty  days  before the two thousand sixteen general
    32  election, and except still further that a  certificate  of  party  nomi-
    33  nation  made  at a judicial district convention shall be filed not later
    34  than the day after the last day to hold such convention and the  minutes
    35  of  such convention, duly certified by the chairman and secretary, shall
    36  be filed within seventy-two hours after adjournment of the convention. A
    37  certificate of party nomination for an office to be filled at a  special
    38  election  shall  be filed not later than ten days following the issuance
    39  of a proclamation of such election.
    40    § 7. Section 4-110 of the election law, as amended by chapter  434  of
    41  the laws of 1984, is amended to read as follows:
    42    §  4-110. Certification of primary election candidates; state board of
    43  elections.  The state board of elections not later than thirty-six  days
    44  before  a  primary  election  or  fifty-four  days before a presidential
    45  primary election, shall certify to each county board of  elections:  The
    46  name  and  residence  of each candidate to be voted for within the poli-
    47  tical subdivision of such board for whom a designation  has  been  filed
    48  with  the state board; the title of the office or position for which the
    49  candidate is designated; the name of the party upon whose primary ballot
    50  his name is to be placed; and the order in which the names of the candi-
    51  dates are to be printed as determined by the  state  board.    Where  an
    52  office  or  position is uncontested, such certification shall state such
    53  fact.
    54    § 8. Section 4-114 of the election law, as amended by chapter 4 of the
    55  laws of 2011, is amended to read as follows:

        S. 5960                            10
 
     1    § 4-114. Determination of candidates and questions;  county  board  of
     2  elections.  The  county  board  of elections, not later than the thirty-
     3  fifth day before the day of  a  primary  or  general  election,  or  the
     4  fifty-third  day  before  a  special  election  or  presidential primary
     5  election,  shall  determine  the  candidates  duly  nominated for public
     6  office and the questions that shall appear  on  the  ballot  within  the
     7  jurisdiction of that board of elections.
     8    §  9. Paragraph (a) of subdivision 1 of section 10-108 of the election
     9  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
    10  follows:
    11    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    12  uted by the board of elections, in accordance with the preferred  method
    13  of  transmission  designated  by the voter pursuant to section 10-107 of
    14  this article, as soon as practicable but in any  event  not  later  than
    15  thirty-two  days  before a primary or general election; twenty-five days
    16  before a New York city  community  school  board  district  or  city  of
    17  Buffalo  school  district  election;  fourteen  days  before  a  village
    18  election conducted by the board of elections; and forty-five days before
    19  a special election or presidential primary election. A voter who submits
    20  a military ballot application shall be entitled  to  a  military  ballot
    21  thereafter  for  each subsequent election through and including the next
    22  two regularly scheduled general elections held in even  numbered  years,
    23  including any run-offs which may occur; provided, however, such applica-
    24  tion  shall  not  be valid for any election held within seven days after
    25  its receipt. Ballots shall also be  mailed  to  any  qualified  military
    26  voter  who  is  already registered and who requests such military ballot
    27  from such board of elections in a letter, which is signed by  the  voter
    28  and  received  by  the board of elections not later than the seventh day
    29  before the election for which the ballot is requested and  which  states
    30  the  address  where the voter is registered and the address to which the
    31  ballot is to be mailed. The board of elections shall enclose  with  such
    32  ballot  a  form  of  application  for  military ballot. In the case of a
    33  primary election, the board shall deliver only the ballot of  the  party
    34  with  which  the  military  voter  is enrolled according to the military
    35  voter's registration records. In the event a primary election is  uncon-
    36  tested  in  the  military  voter's  election district for all offices or
    37  positions except the party position of member of the ward, town, city or
    38  county committee, no ballot shall be delivered to  such  military  voter
    39  for such election; and the military voter shall be advised of the reason
    40  why he or she will not receive a ballot.
    41    §  10. Subdivision 4 of section 11-204 of the election law, as amended
    42  by chapter 4 of the laws of 2011, is amended to read as follows:
    43    4. If the board of elections shall determine that the applicant making
    44  the application provided for in this section is qualified to receive and
    45  vote a special federal ballot, it shall, as soon as practicable after it
    46  shall have so determined, or not later than thirty-two days before  each
    47  general  or  primary  election  and  forty-five days before each special
    48  election or presidential primary election in  which  such  applicant  is
    49  qualified  to  vote, or three days after receipt of such an application,
    50  whichever is later, mail to him or her at the residence address  outside
    51  the  United  States  shown  in his or her application, a special federal
    52  ballot, an inner affirmation envelope and an outer envelope,  or  other-
    53  wise distribute same to the voter in accordance with the preferred meth-
    54  od of transmission designated by the voter pursuant to section 11-203 of
    55  this  title.  The  board  of  elections  shall  also  mail, or otherwise
    56  distribute in accordance  with  the  preferred  method  of  transmission

        S. 5960                            11
 
     1  designated  by  the  voter  pursuant  to section 11-203 of this title, a
     2  special federal ballot to every qualified special federal voter  who  is
     3  already  registered  and  who  requests such special federal ballot from
     4  such  board  of  elections in a letter, which is signed by the voter and
     5  received by the board of elections not later than the seventh day before
     6  the election for which the ballot is first requested  and  which  states
     7  the  address  where the voter is registered and the address to which the
     8  ballot is to be mailed.  The board of elections shall enclose with  such
     9  ballot a form of application for a special federal ballot.
    10    §  11.  Section  1-106  of the election law is amended by adding a new
    11  subdivision 1-a to read as follows:
    12    1-a. The filing by mail provisions of subdivision one of this  section
    13  shall not apply to the presidential primary. For such primary filings of
    14  certificates and petitions of designation or nomination, certificates of
    15  acceptance  or declination of such designations and nominations, certif-
    16  icates of authorization for such designations, certificates of disquali-
    17  fication, certificates of substitution for such  designations  or  nomi-
    18  nations, and objections and specifications of objections to certificates
    19  and  petitions required to be filed with the state board of elections or
    20  a board of elections outside of the city of New  York  shall  be  deemed
    21  timely  filed  by  mail  and accepted for filing if (i) sent by mail, or
    22  overnight delivery service as defined by paragraph  six  of  subdivision
    23  (b)  of  rule  twenty-one  hundred  three  of the civil practice law and
    24  rules, in an envelope postmarked or showing  receipt  by  the  overnight
    25  delivery  service, prior to midnight of the last day of filing, and (ii)
    26  if received no later than one business day after the last  day  to  file
    27  such certificates, petitions, objections or specifications.
    28    § 12. Separability.  If any sentence, clause, subparagraph, paragraph,
    29  subdivision, section or other part of this act, or the application ther-
    30  eof  to  any party, person or circumstances shall be held or adjudged by
    31  any court of competent jurisdiction to be invalid, such holding or judg-
    32  ment shall not affect, impair or invalidate the remainder or any portion
    33  of the remainder of this act, or the application of such section or part
    34  of a section held or adjudged to be invalid,  to  any  other  person  or
    35  circumstances,  but  shall be confined in its operation to the sentence,
    36  clause, subparagraph, paragraph, subdivision, section or other  part  of
    37  this  act  directly involved in the controversy in which such holding or
    38  judgment shall have been rendered, or to the party, person  and  circum-
    39  stances therein involved.
    40    §  13.  This  act shall take effect immediately; provided, however, if
    41  this act shall become law after July 1, 2015, it shall take effect imme-
    42  diately and shall be deemed to have been in full force and effect on and
    43  after July 1, 2015; provided further that sections  six,  seven,  eight,
    44  nine,  ten  and  eleven of this act shall take effect December 15, 2015;
    45  and provided further, this act shall expire December 31, 2016 when  upon
    46  such date the provisions of this act shall be deemed repealed.
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