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A03052 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3052
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2017
                                       ___________
 
        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to amend the election law, in relation to primary elections and
          amending certain deadlines to facilitate the  timely  transmission  of
          ballots  to  military  voters  stationed overseas; to amend the public
          officers law, in relation to filling vacancies in elective offices; to
          amend the election law, in relation to date of primary  elections;  to
          amend  the  election law, in relation to canvass and audit of returns;
          and to amend chapter 87 of the laws of 2015 relating to the conducting
          of the presidential primary, in relation to making certain  provisions
          permanent
 
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02774-02-7

        A. 3052                             2
 
     1  mail or overnight delivery service pursuant to subdivision three of this
     2  section, and received no later than two business days after the last day
     3  to  file  such  certificates,  petitions,  objections or specifications.
     4  Failure  of the post office or any other person or entity to deliver any
     5  such petition, certificate or  objection  to  such  board  of  elections
     6  outside  the  city of New York no later than two business days after the
     7  last day to file such certificates, petitions, objections or  specifica-
     8  tions  shall  be  a fatal defect. Excepted further that all certificates
     9  and petitions of designation or nomination, certificates  of  acceptance
    10  or  declination  of  such  designations and nominations, certificates of
    11  substitution for such designations or  nominations  and  objections  and
    12  specifications of objections to such certificates and petitions required
    13  to  be filed with the board of elections of the city of New York must be
    14  actually received by such city board of elections on or before the  last
    15  day  to file any such petition, certificate or objection and such office
    16  shall be open for  the  receipt  of  such  petitions,  certificates  and
    17  objections  until  midnight  on  the last day to file any such petition,
    18  certificate or objection. Failure of the post office or any other person
    19  or entity to deliver any such petition, certificate or objection to such
    20  city board of elections on or before such last  day  shall  be  a  fatal
    21  defect.
    22    § 2. Subdivision 1 of section 4-104 of the election law, as amended by
    23  chapter 180 of the laws of 2005, is amended to read as follows:
    24    1.  Every  board  of  elections shall, in consultation with each city,
    25  town and village, designate the polling places in each election district
    26  in which the meetings for  the  registration  of  voters,  and  for  any
    27  election  may  be  held.  The board of trustees of each village in which
    28  general  and  special  village  elections  conducted  by  the  board  of
    29  elections  are  held at a time other than the time of a general election
    30  shall submit such a list of polling places for such village elections to
    31  the board of elections. A polling place may be  located  in  a  building
    32  owned  by  a religious organization or used by it as a place of worship.
    33  If such a building is designated as a polling place,  it  shall  not  be
    34  required  to  be  open for voter registration on any Saturday if this is
    35  contrary to the religious beliefs of the religious organization. In such
    36  a situation,  the  board  of  elections  shall  designate  an  alternate
    37  location  to be used for voter registration. Such polling places must be
    38  designated by [May first] March fifteenth, of each year,  and  shall  be
    39  effective  for one year thereafter. Such a list required to be submitted
    40  by a village board of trustees must be submitted at  least  four  months
    41  before  each  general village election and shall be effective until four
    42  months before the subsequent general village election. No place in which
    43  a business licensed to sell alcoholic beverages for on premises consump-
    44  tion is conducted on any day of local registration or of voting shall be
    45  so designated. If, within the discretion of the  board  of  elections  a
    46  particular  polling  place  so  designated  is  subsequently found to be
    47  unsuitable or unsafe or should circumstances arise that  make  a  desig-
    48  nated polling place unsuitable or unsafe, then the board of elections is
    49  empowered  to  select  an  alternative meeting place. In the city of New
    50  York, the board of elections shall designate  such  polling  places  and
    51  alternate  registration  places  if the polling place cannot be used for
    52  voter registration on Saturdays.
    53    § 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    54  vision 2 as amended by chapter 635 of the laws of 1990, are  amended  to
    55  read as follows:

        A. 3052                             3
 
     1    1.  The  state board of elections shall, [at least eight months before
     2  each] by February first in the year of each general election,  make  and
     3  transmit to the board of elections of each county, a certificate stating
     4  each  office,  except county, city, village and town offices to be voted
     5  for at such election in such county.
     6    2.  Each  county, city, village and town clerk, [at least eight months
     7  before each] by February first in the year  of  each  general  election,
     8  shall  make and transmit to the board of elections a certificate stating
     9  each county, city, village or town office, respectively to be voted  for
    10  at  each  such election. Each village clerk, at least five months before
    11  each general village election conducted by the board of elections, shall
    12  make, and transmit to such board, a  certificate  stating  each  village
    13  office to be filled at such election.
    14    §  4.    Paragraph b of subdivision 1 of section 4-108 of the election
    15  law, as amended by chapter 117 of the laws of 1985, is amended  to  read
    16  as follows:
    17    b. Whenever any proposal, proposition or referendum as provided by law
    18  is  to  be  submitted  to  a vote of the people of a county, city, town,
    19  village or special district, at an election conducted by  the  board  of
    20  elections, the clerk of such political subdivision, at least [thirty-six
    21  days] three months prior to the general election at which such proposal,
    22  proposition  or  referendum  is  to be submitted, shall transmit to each
    23  board of elections a certified copy of the text of such proposal, propo-
    24  sition or referendum and a statement of the form in which it  is  to  be
    25  submitted.  If  a special election is to be held, such transmittal shall
    26  also give the date of such election.
    27    § 5. Section 4-110 of the election law, as amended by  chapter  87  of
    28  the laws of 2015, is amended to read as follows:
    29    §  4-110. Certification of primary election candidates; state board of
    30  elections. The state board of elections,  not  later  than  [thirty-six]
    31  fifty-five  days before a primary election or [fifty-four days before] a
    32  presidential primary election, shall certify to  each  county  board  of
    33  elections:  The  name  and  residence  of each candidate to be voted for
    34  within the political subdivision of such board for  whom  a  designation
    35  has been filed with the state board; the title of the office or position
    36  for  which the candidate is designated; the name of the party upon whose
    37  primary ballot his or her name is to be placed; and the order  in  which
    38  the names of the candidates are to be printed as determined by the state
    39  board.  Where  an  office or position is uncontested, such certification
    40  shall state such fact.
    41    § 6. Subdivision 1 of section 4-112 of the election law, as amended by
    42  chapter 4 of the laws of 2011, is amended to read as follows:
    43    1. The state board of elections, not later  than  [thirty-six]  fifty-
    44  five  days  before  a  general  election,  or  fifty-three days before a
    45  special election, shall certify to each county board  of  elections  the
    46  name  and residence of each candidate nominated in any valid certificate
    47  filed with it or by the returns canvassed by it, the title of the office
    48  for which nominated; the name of the party or body specified of which he
    49  or she is a candidate; the emblem chosen to distinguish  the  candidates
    50  of the party or body; and a notation as to whether or not any litigation
    51  is  pending  concerning  the  candidacy. Upon the completion of any such
    52  litigation, the state board of  elections  shall  forthwith  notify  the
    53  appropriate  county  boards  of  elections  of the results of such liti-
    54  gation.
    55    § 7. Section 4-114 of the election law, as amended by  chapter  87  of
    56  the laws of 2015, is amended to read as follows:

        A. 3052                             4
 
     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] fifty-fourth day before the day of a primary or general election,
     4  or the 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    § 8. Subdivision 1 of section 4-117 of the election law, as amended by
     9  chapter 44 of the laws of 2016, is amended to read as follows:
    10    1.  The  board of elections, [between August first and August fifth of
    11  each year] not less than sixty-five days  nor  more  than  seventy  days
    12  before the primary election in each year, shall send by mail on which is
    13  endorsed  such  language  designated  by the state board of elections to
    14  ensure postal authorities do not forward such mail but return it to  the
    15  board of elections with forwarding information, when it cannot be deliv-
    16  ered  as  addressed  and  which  contains  a  request that any such mail
    17  received for persons not residing at the address be dropped back in  the
    18  mail,  a  communication,  in  a  form  approved  by  the  state board of
    19  elections, to every registered voter who has been registered  without  a
    20  change  of  address  since  the  beginning of such year, except that the
    21  board of elections shall not be required to send such communications  to
    22  voters  in  inactive status. The communication shall notify the voter of
    23  the days and hours of the ensuing primary  and  general  elections,  the
    24  place  where  he or she appears by his or her registration records to be
    25  entitled to vote, the fact that voters who have moved or will have moved
    26  from the address where they were last registered  must  re-register  or,
    27  that  if  such  move  was to another address in the same county or city,
    28  that such voter may either notify the board of elections of his  or  her
    29  new  address or vote by paper ballot at the polling place for his or her
    30  new address even if such voter has not re-registered, or otherwise noti-
    31  fied the board of elections of the change of address. If the location of
    32  the polling place for the voter's election district has been moved,  the
    33  communication  shall  contain  the  following legend in bold type: "YOUR
    34  POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".  The  commu-
    35  nication  shall also indicate whether the polling place is accessible to
    36  physically disabled voters, that a voter who will be out of the city  or
    37  county  on  the day of the primary or general election or a voter who is
    38  ill or physically disabled may obtain an absentee ballot, that  a  phys-
    39  ically  disabled voter whose polling place is not accessible may request
    40  that his or her registration record be moved  to  an  election  district
    41  which  has a polling place which is accessible, the phone number to call
    42  for applications to move a registration record or  for  absentee  ballot
    43  applications,  the phone number to call for the location of registration
    44  and polling places, the phone number to call to indicate that the  voter
    45  is  willing  to  serve  on  election  day as an election inspector, poll
    46  clerk, interpreter or in other capacities, the phone number to  call  to
    47  obtain  an application for registration by mail, and such other informa-
    48  tion concerning the elections or registration as the board may  include.
    49  In  lieu  of  sending  such communication to every registered voter, the
    50  board of elections may  send  a  single  communication  to  a  household
    51  containing  more  than  one registered voter, provided that the names of
    52  all such voters appear as part of the address on such communication.
    53    § 9. Subdivision 1 of section 5-604 of the election law, as amended by
    54  chapter 28 of the laws of 2010, is amended to read as follows:
    55    1. The board of elections shall also cause to be  published  for  each
    56  election  district  a  complete  list  of  the registered voters of each

        A. 3052                             5
 
     1  election district. Such list  shall,  in  addition  to  the  information
     2  required  for  registration  lists, include the party enrollment of each
     3  voter. At least as many copies of such list shall  be  prepared  as  the
     4  required minimum number of registration lists.
     5    Lists  for  all  the election districts in a ward or assembly district
     6  may be bound together in one volume. The board of elections  shall  also
     7  cause  to  be published a complete list of names and residence addresses
     8  of the registered voters, including the party enrollment of each  voter,
     9  for  each town and city over which the board has jurisdiction. The names
    10  for each town and city may be arranged according to street and number or
    11  alphabetically. Such lists shall be published before the  first  day  of
    12  [April]  February.  The board shall keep at least five copies for public
    13  inspection at each main office or branch office of  the  board.  Surplus
    14  copies  of the lists shall be sold at a charge not exceeding the cost of
    15  publication.
    16    § 10. Paragraph a of subdivision 5 of section 5-708  of  the  election
    17  law,  as added by chapter 659 of the laws of 1994, is amended to read as
    18  follows:
    19    a. At least once each year during the month of  [May]  February,  each
    20  board  of  elections shall obtain through the National Change of Address
    21  System, the forwarding address for  every  voter  registered  with  such
    22  board  of elections for whom the United States Postal Service has such a
    23  forwarding address together with the name of each such  voter  whom  the
    24  Postal  Service  records indicate has moved from the address at which he
    25  is registered without leaving a forwarding address.
    26    § 11. Subdivision 1 of section 6-108 of the election law,  as  amended
    27  by chapter 160 of the laws of 1996, is amended to read as follows:
    28    1.  In  any town in a county having a population of over seven hundred
    29  fifty thousand inhabitants, as shown by the latest federal decennial  or
    30  special  population  census,  party  nominations  of candidates for town
    31  offices shall be made at the primary  preceding  the  election.  In  any
    32  other  town, nominations of candidates for town offices shall be made by
    33  caucus or primary election as the rules of the  county  committee  shall
    34  provide, except that the members of the county committee from a town may
    35  adopt  by  a two-thirds vote, a rule providing that the party candidates
    36  for town offices shall be nominated at the primary election. If  a  rule
    37  adopted  by  the county committee of a political party or by the members
    38  of the county committee from a town, provides that party candidates  for
    39  town  offices, shall be nominated at a primary election, such rule shall
    40  not apply to nor affect a primary held less than  four  months  after  a
    41  certified  copy  of  the  rule  shall  have been filed with the board of
    42  elections. After the filing of such a rule, the rule shall  continue  in
    43  force until a certified copy of a rule revoking the same shall have been
    44  filed  with such board at least four months before a subsequent primary.
    45  Such a caucus shall be held no earlier  than  the  first  day  on  which
    46  designating petitions for the [fall] primary election may be signed.
    47    §  12.  Subdivisions  1 and 2 of section 6-147 of the election law, as
    48  amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
    49  follows:
    50    1.  The  name  of  a  person designated on more than one petition as a
    51  candidate for a party position to be filled by two or more persons shall
    52  be printed on the ballot with the group of candidates designated by  the
    53  petition  first filed unless such person, in a certificate duly acknowl-
    54  edged by him or her and filed with the board of elections not later than
    55  the [eighth] tenth Tuesday preceding the primary election or  five  days
    56  after  the  board  of  elections  mails such person notice of his or her

        A. 3052                             6
 
     1  designation in more than one group, whichever is later, specifies anoth-
     2  er group in which his or her name shall be printed.
     3    2.  A  person  designated as a candidate for the position of member of
     4  the county committee in more than one election district shall be  deemed
     5  to  have been designated in the lowest numbered election district unless
     6  such person, in a certificate duly acknowledged by him or her, and filed
     7  with the board of elections not later than the  [eighth]  tenth  Tuesday
     8  preceding the primary election or five days after the board of elections
     9  mails  such  person  notice  of  his or her designation in more than one
    10  election district whichever is later, specifies that he or she wishes to
    11  be deemed designated in a different election district.
    12    § 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
    13  the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
    14  of  the laws of 1984, subdivision 6 as amended by chapter 87 of the laws
    15  of 2015, and subdivision 9 as amended by chapter  517  of  the  laws  of
    16  1986, are amended to read as follows:
    17    1.  A designating petition shall be filed not earlier than the [tenth]
    18  thirteenth Monday before, and not later than the [ninth] twelfth  Thurs-
    19  day preceding the primary election.
    20    4. A petition of enrolled members of a party requesting an opportunity
    21  to write in the name of an undesignated candidate for a public office or
    22  party  position  at a primary election shall be filed not later than the
    23  [eighth] eleventh Thursday  preceding  the  primary  election.  However,
    24  where a designating petition has been filed and the person named therein
    25  has  declined such designation and another person has been designated to
    26  fill the vacancy, then in that event, a petition for an  opportunity  to
    27  ballot in a primary election shall be filed not later than the [seventh]
    28  tenth Thursday preceding such primary election.
    29    5.  A  judicial district convention shall be held not earlier than the
    30  [Tuesday] Thursday following  the  [third  Monday  in  September]  first
    31  Monday  in August preceding the general election and not later than [the
    32  fourth Monday in September preceding such election] six days thereafter.
    33    6. (a) A certificate of a party nomination  made  other  than  at  the
    34  primary  election  for  an  office to be filled at the time of a general
    35  election shall be filed not later than [seven]  thirty  days  after  the
    36  [fall] primary election, (b) except that a certificate of nomination for
    37  an  office  which  becomes  vacant  after the seventh day preceding such
    38  primary election shall be filed not later than  [fourteen]  thirty  days
    39  after the primary election or ten days after the creation of such vacan-
    40  cy,  whichever  is later, and (c) except, further, that a certificate of
    41  party nomination of candidates for elector of president and  vice-presi-
    42  dent  of  the United States shall be filed not later than [sixty] seven-
    43  ty-six days [before the two thousand sixteen  general]  after  the  fall
    44  primary  election,  and  (d)  except still further that a certificate of
    45  party nomination made at a judicial district convention shall  be  filed
    46  not  later  than  the day after the last day to hold such convention and
    47  the minutes of such convention,  duly  certified  by  the  chairman  and
    48  secretary,  shall be filed within seventy-two hours after adjournment of
    49  the convention. A certificate of party nomination for an  office  to  be
    50  filled  at  a  special  election  shall be filed not later than ten days
    51  following the issuance of a proclamation of such election.
    52    9. A petition for an independent nomination for an office to be filled
    53  at the time of a general  election  shall  be  filed  not  earlier  than
    54  [twelve]  twenty-four  weeks  and  not  later than [eleven] twenty-three
    55  weeks preceding such election. A petition for an independent  nomination
    56  for  an  office  to  be  filled at a special election shall be filed not

        A. 3052                             7

     1  later than twelve days following the issuance of a proclamation of  such
     2  election.  [A  petition  for  trustee of the Long Island Power Authority
     3  shall be filed not earlier than seven weeks and not later than six weeks
     4  preceding the day of the election of such trustees.]
     5    11. A certificate of acceptance or declination of an independent nomi-
     6  nation  for  an  office  to  be filled at the time of a general election
     7  shall be filed not later than the third day after the  [eleventh]  twen-
     8  ty-third  Tuesday  preceding  such  election except that a candidate who
     9  files such a certificate of acceptance for an  office  for  which  there
    10  have  been  filed  certificates  or  petitions designating more than one
    11  candidate for the nomination of any party, may thereafter file a certif-
    12  icate of declination not later than the  third  day  after  the  primary
    13  election.   A certificate of acceptance or declination of an independent
    14  nomination for an office to be filled at a  special  election  shall  be
    15  filed not later than fourteen days following the issuance of a proclama-
    16  tion of such election.
    17    12.  A  certificate  to  fill  a vacancy caused by a declination of an
    18  independent nomination for an office to be  filled  at  the  time  of  a
    19  general  election  shall be filed not later than the sixth day after the
    20  [eleventh] twenty-third Tuesday preceding such election.  A  certificate
    21  to  fill  a vacancy caused by a declination of an independent nomination
    22  for an office to be filled at a special  election  shall  be  filed  not
    23  later than sixteen days following the issuance of a proclamation of such
    24  election.
    25    14.  A  vacancy occurring three months before [September twentieth of]
    26  the general election in any year in any office authorized to  be  filled
    27  at  a  general  election, except in the offices of governor, lieutenant-
    28  governor, or United States  senator  shall  be  filled  at  the  general
    29  election  held next thereafter, unless otherwise provided by the consti-
    30  tution, or unless previously filled at a special election.
    31    § 14. Paragraph (a) of subdivision 1 of section 8-100 of the  election
    32  law, as amended by chapter 87 of the laws of 2015, is amended to read as
    33  follows:
    34    (a)  A  primary  election[, to be known as the fall primary,] shall be
    35  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
    36  ber] June before every general election unless otherwise changed  by  an
    37  act  of the legislature.  Members of the state and county committees and
    38  assembly district leaders and associate district leaders and  all  other
    39  party  positions  to be elected shall be elected at such primary and all
    40  nominations for public office required to be made at a primary  election
    41  in  such year shall be made at such primary. In each year in which elec-
    42  tors of president and vice president of the  United  States  are  to  be
    43  elected an additional primary election, to be known as the spring prima-
    44  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    45  changed by an act of the legislature, for the purpose of electing deleg-
    46  ates to the national convention[, members of state and county committees
    47  and assembly district leaders and associate assembly district leaders].
    48    § 15. Subdivision 1 of section 9-200 of the election law,  as  amended
    49  by chapter 250 of the laws of 1984, is amended to read as follows:
    50    1.  The  board  of  elections  shall  canvass  the  returns of primary
    51  elections filed with it. It shall canvass first the votes of the  deleg-
    52  ates  and  alternates to judicial district conventions and complete such
    53  canvass at the earliest time possible. It  shall  complete  the  canvass
    54  otherwise within [nine] thirteen days from the day upon which the prima-
    55  ry  election is held. Upon the completion of the canvass the board shall
    56  make and file in its office tabulated statements, signed by the  members

        A. 3052                             8
 
     1  of such board or a majority thereof, of the number of votes cast for all
     2  the  candidates  for nomination to each public office or for election to
     3  each party position, and the number of votes cast for each  such  candi-
     4  date. The candidate receiving the highest number of votes for nomination
     5  for a public office or for election to a party position voted for wholly
     6  within  the  political unit for which such board is acting, shall be the
     7  nominee of his party for such office or elected to such  party  position
     8  and  the board, if requested by a candidate elected to a party position,
     9  shall furnish to him a certificate of election.
    10    § 16. Subdivision 1 of section 9-208 of the election law,  as  amended
    11  by chapter 163 of the laws of 2010, is amended to read as follows:
    12    1. Within fifteen days after each general[,] or special [or] election,
    13  and  within  twenty days after a primary election, and within seven days
    14  after every village election conducted by  the  board  of  elections  at
    15  which  ballot scanners are used, the board of elections, or a bipartisan
    16  committee of or appointed by said board  shall,  in  each  county  using
    17  ballot scanners, make a record of the serial number of each ballot scan-
    18  ner  used  in each election district in such general, special or primary
    19  election. No person who was  a  candidate  at  such  election  shall  be
    20  appointed  to  membership  on  the committee. Such board of elections or
    21  bipartisan committee shall recanvass the tabulated result tape from each
    22  ballot scanner used in each election district  by  comparing  such  tape
    23  with the numbers as recorded on the return of canvass. The said board or
    24  committee  shall also make a recanvass of any election day paper ballots
    25  that have not been scanned and were hand counted pursuant to subdivision
    26  two of section 9-110 of this article and compare the  results  with  the
    27  number  as  recorded  on  the  return of canvass. The board or committee
    28  shall then recanvass write-in votes,  if  any,  on  ballots  which  were
    29  otherwise scanned and canvassed at polling places on election night. The
    30  board  or  committee  shall  validate and prove such sums. Before making
    31  such canvass the board of  elections,  with  respect  to  each  election
    32  district  to  be recanvassed, shall give notice in writing to the voting
    33  machine custodian thereof, to the state and county chair of  each  party
    34  or  independent  body which shall have nominated candidates for the said
    35  general or special election or nominated or elected  candidates  at  the
    36  said  primary  election  and  to  each  individual  candidate whose name
    37  appears on the office ballot, of the time and place where  such  canvass
    38  is  to  be  made;  and  the state and county chair of each such party or
    39  independent body and each such individual candidate may send a represen-
    40  tative to be present  at  such  recanvass.  Each  candidate  whose  name
    41  appears on the official ballot, or his or her representative, shall have
    42  the  right  personally to examine and make a record of the vote recorded
    43  on the tabulated result tape and any ballots which were hand counted.
    44    § 17. Subdivision 1 of section 9-211 of the election law,  as  amended
    45  by chapter 515 of the laws of 2015, is amended to read as follows:
    46    1.  Within  fifteen days after each general or special election, [and]
    47  within [seven] thirteen days after  every  primary  [or]  election,  and
    48  within seven days after every village election conducted by the board of
    49  elections, the board of elections or a bipartisan committee appointed by
    50  such  board  shall  audit  the voter verifiable audit records from three
    51  percent of voting machines or systems within the  jurisdiction  of  such
    52  board. Such audits may be performed manually or via the use of any auto-
    53  mated tool authorized for such use by the state board of elections which
    54  is  independent from the voting system it is being used to audit. Voting
    55  machines or systems shall be selected for audit through a random, manual
    56  process. At least five days prior to the time fixed for  such  selection

        A. 3052                             9

     1  process, the board of elections shall send notice by first class mail to
     2  each  candidate,  political  party and independent body entitled to have
     3  had watchers present at the polls  in  any  election  district  in  such
     4  board's  jurisdiction.  Such notice shall state the time and place fixed
     5  for such random selection process. The audit shall be conducted  in  the
     6  same  manner,  to  the extent applicable, as a canvass of paper ballots.
     7  Each candidate, political party or independent body entitled to  appoint
     8  watchers  to attend at a polling place shall be entitled to appoint such
     9  number of watchers to observe the audit.
    10    § 18. Paragraph (a) of subdivision 1 of section 10-108 of the election
    11  law, as amended by chapter 87 of the laws of 2015, is amended to read as
    12  follows:
    13    (a) Ballots for military voters shall be mailed or otherwise  distrib-
    14  uted  by the board of elections, in accordance with the preferred method
    15  of transmission designated by the voter pursuant to  section  10-107  of
    16  this  article,  as  soon  as practicable but in any event not later than
    17  [thirty-two] forty-six days before a primary or general election[; twen-
    18  ty-five days before], a New York city community school board district or
    19  city of Buffalo school district election; fourteen days before a village
    20  election conducted by the board of elections; and forty-five days before
    21  a special election or presidential primary election. A voter who submits
    22  a military ballot application shall be entitled  to  a  military  ballot
    23  thereafter  for  each subsequent election through and including the next
    24  two regularly scheduled general elections held in even  numbered  years,
    25  including any run-offs which may occur; provided, however, such applica-
    26  tion  shall  not  be valid for any election held within seven days after
    27  its receipt. Ballots shall also be  mailed  to  any  qualified  military
    28  voter  who  is  already registered and who requests such military ballot
    29  from such board of elections in a letter, which is signed by  the  voter
    30  and  received  by  the board of elections not later than the seventh day
    31  before the election for which the ballot is requested and  which  states
    32  the  address  where the voter is registered and the address to which the
    33  ballot is to be mailed. The board of elections shall enclose  with  such
    34  ballot  a  form  of  application  for  military ballot. In the case of a
    35  primary election, the board shall deliver only the ballot of  the  party
    36  with  which  the  military  voter  is enrolled according to the military
    37  voter's registration records. In the event a primary election is  uncon-
    38  tested  in  the  military  voter's  election district for all offices or
    39  positions except the party position of member of the ward, town, city or
    40  county committee, no ballot shall be delivered to  such  military  voter
    41  for such election; and the military voter shall be advised of the reason
    42  why he or she will not receive a ballot.
    43    §  19. Subdivision 4 of section 11-204 of the election law, as amended
    44  by chapter 87 of the laws of 2015, is amended to read as follows:
    45    4. If the board of elections shall determine that the applicant making
    46  the application provided for in this section is qualified to receive and
    47  vote a special federal ballot, it shall, as soon as practicable after it
    48  shall have so determined, or not later than [thirty-two] forty-six  days
    49  before  each  general  or  primary  election [and forty-five days before
    50  each] or special election or presidential primary election in which such
    51  applicant is qualified to vote, or three days after receipt of  such  an
    52  application,  whichever  is  later,  mail to him or her at the residence
    53  address outside the United States shown in his  or  her  application,  a
    54  special  federal  ballot,  an  inner  affirmation  envelope and an outer
    55  envelope, or otherwise distribute same to the voter in  accordance  with
    56  the preferred method of transmission designated by the voter pursuant to

        A. 3052                            10
 
     1  section 11-203 of this title. The board of elections shall also mail, or
     2  otherwise  distribute  in accordance with the preferred method of trans-
     3  mission designated by the voter  pursuant  to  section  11-203  of  this
     4  title, a special federal ballot to every qualified special federal voter
     5  who  is  already registered and who requests such special federal ballot
     6  from such board of elections in a letter, which is signed by  the  voter
     7  and  received  by  the board of elections not later than the seventh day
     8  before the election for which the ballot is first  requested  and  which
     9  states  the  address  where  the  voter is registered and the address to
    10  which the ballot is to be mailed. The board of elections  shall  enclose
    11  with such ballot a form of application for a special federal ballot.
    12    § 20. Subdivision 4 of section 16-102 of the election law, as added by
    13  chapter 135 of the laws of 1986, is amended to read as follows:
    14    4.  A  final  order  including  the  resolution  of any appeals in any
    15  proceeding involving the  names  of  candidates  on  ballots  or  voting
    16  machines  shall be made, if possible, at least five weeks before the day
    17  of the election at which such ballots or voting machines are to be used,
    18  or if such proceeding is commenced within five weeks of  such  election,
    19  no later than the day following the day on which the case is heard.
    20    §  21.  Subdivisions  3  and  4 of section 16-104 of the election law,
    21  subdivision 3 as added by chapter 136 of the laws of 1978  and  subdivi-
    22  sion  4  as  amended  by chapter 117 of the laws of 1985, are amended to
    23  read as follows:
    24    3. A proceeding pursuant to subdivision two of this  section  must  be
    25  instituted  within  [fourteen]  seven days after the last day to certify
    26  the wording of any such abstract or form of submission.
    27    4. A final order including  the  resolution  of  any  appeals  in  any
    28  proceeding involving the contents of official ballots on voting machines
    29  shall  be  made,  if possible, at least five weeks before the day of the
    30  election at which such voting machines  are  to  be  used,  or  if  such
    31  proceeding  is commenced within five weeks of an election, no later than
    32  the day following the day on which the case is heard.
    33    § 22. Subdivisions 1 and 4 of section 42 of the public  officers  law,
    34  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    35  sion  4  as  amended  by chapter 317 of the laws of 1954, are amended to
    36  read as follows:
    37    1. A vacancy occurring three months before  [September  twentieth  of]
    38  the  general  election in any year in any office authorized to be filled
    39  at a general election, except in the offices of governor or  lieutenant-
    40  governor,  shall be filled at the general election held next thereafter,
    41  unless otherwise provided by  the  constitution,  or  unless  previously
    42  filled at a special election.
    43    4.  A  special  election  shall  not  be held to fill a vacancy in the
    44  office of a representative in congress unless such vacancy occurs on  or
    45  before  the first day of July of the last year of the term of office, or
    46  unless it occurs thereafter and a special session of congress is  called
    47  to  meet before the next general election, or be called after [September
    48  nineteenth of] three months before the general election  in  such  year;
    49  nor to fill a vacancy in the office of state senator or in the office of
    50  member  of  assembly,  unless the vacancy occurs before the first day of
    51  April of the last year of the term of  office,  or  unless  the  vacancy
    52  occurs in either such office of senator or member of assembly after such
    53  first day of April and a special session of the legislature be called to
    54  meet between such first day of April and the next general election or be
    55  called after three months before the next general election [or be called
    56  after  September nineteenth] in such year. If a special election to fill

        A. 3052                            11
 
     1  an office shall not be held as required by  law,  the  office  shall  be
     2  filled at the next general election.
     3    §  23.  Section  13 of chapter 87 of the laws of 2015, relating to the
     4  conducting of the presidential primary, is amended to read as follows:
     5    § 13. This act shall take effect immediately;  provided,  however,  if
     6  this act shall become law after July 1, 2015, it shall take effect imme-
     7  diately and shall be deemed to have been in full force and effect on and
     8  after  July  1,  2015; provided further that sections six, seven, eight,
     9  nine, ten and eleven of this act shall take effect  December  15,  2015;
    10  and  provided further, that sections two, three, four and eleven of this
    11  act shall expire December 31, 2016 when upon such date the provisions of
    12  [this act] such sections shall be deemed repealed.
    13    § 24. This act shall take effect immediately.
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