New York State Assembly

 
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A07745 Summary:

A07745 Actions:

A07745 Committee Votes:

Committee:RULES   Chair:Heastie      
DATE:05/15/2017AYE/NAY:26/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Excused
Finch
Excused
Nolan
Excused
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Excused
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Excused
Titus
Aye
Peoples-Stokes
Aye

Committee:ELECTION LAW   Chair:Cusick      
DATE:05/15/2017AYE/NAY:12/4  Action: Favorable refer to committee Rules        
Cusick
Aye
Norris
Nay
Galef
Aye
McKevitt
Nay
Dinowitz
Aye
Lupinacci
Nay
Lentol
Aye
Brabenec
Nay
Lifton
Aye
Kavanagh
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Aye
Carroll
Aye
Vanel
Aye

A07745 Floor Votes:

A07745 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7745--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
          tee on Election Law -- committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  election  law,  in  relation to run-off primary
          elections

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  b  of  subdivision  1  of section 8-100 of the
     2  election law, as added by chapter 373 of the laws of 1978, is amended to
     3  read as follows:
     4    (b) In the event a run-off primary election is required in the city of
     5  New York, it shall be held on the [second] third Tuesday next succeeding
     6  the date on which the initial primary election was held.
     7    § 2. Section 4-114 of the election law, as amended by chapter 4 of the
     8  laws of 2011, is amended to read as follows:
     9    § 4-114. Determination of candidates and questions;  county  board  of
    10  elections.  The  county  board  of elections, not later than the thirty-
    11  fifth day before the day of  a  primary  or  general  election,  or  the
    12  fifty-third  day  before  a special election, shall determine the candi-
    13  dates duly nominated for public office  and  the  questions  that  shall
    14  appear on the ballot within the jurisdiction of that board of elections.
    15  Provided,  however,  in  any  year  in  which  there  has been a run-off
    16  election in the city of New York, the board of elections  of  such  city
    17  shall,  not later than the twenty-eighth day before the general election
    18  in that year, determine the candidates duly nominated for public  office
    19  and  the  questions that shall appear on the ballot within the jurisdic-
    20  tion of the board of elections of the city of New York.
    21    § 3. Subdivision 1 of section 8-412 of the election law, as amended by
    22  chapter 155 of the laws of 1994, is amended to read as follows:
    23    1. The board of elections shall cause all absentee ballots received by
    24  it before the close of  the  polls  on  election  day  and  all  ballots
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11560-02-7
        A. 7745--A                          2
 
     1  contained  in envelopes showing a cancellation mark of the United States
     2  postal service or a foreign country's postal service, or showing a dated
     3  endorsement of receipt by another agency of the  United  States  govern-
     4  ment,  with  a  date  which  is ascertained to be not later than the day
     5  before election and received by such board of elections not  later  than
     6  seven days following the day of election, or fourteen days following the
     7  day of the general election in the city of New York in any year in which
     8  there  has  been  a run-off election, to be cast and counted except that
     9  the absentee ballot of a voter who  requested  such  ballot  by  letter,
    10  rather than application, shall not be counted unless a valid application
    11  form,  signed  by such voter, is received by the board of elections with
    12  such ballot.
    13    § 4. Section 9-214 of the election law, the section heading and  first
    14  undesignated  paragraph  as  amended by chapter 286 of the laws of 1983,
    15  and the second undesignated paragraph as amended by  chapter  4  of  the
    16  laws of 2011, is amended to read as follows:
    17    §  9-214.  Transmission  of  statements  of canvassing boards to state
    18  board of elections and secretary of state. The board of elections  shall
    19  transmit  by mail or cause to be delivered personally to the state board
    20  of elections, a certified copy of the statement of the canvassing  board
    21  relating  to  the offices of electors of president and vice-president of
    22  the United States, United States senator,  representatives  in  congress
    23  and  state  offices, including members of the state senate and assembly,
    24  and to the votes cast on any ballot proposal submitted to all the voters
    25  of the state, within twenty-five days after the election. If any  certi-
    26  fied  copy  shall  not  be  received by the state board on or before the
    27  twenty-fifth day following a general election, or a special election, it
    28  shall dispatch a special messenger to obtain such  certified  copy,  and
    29  the board of elections, immediately upon demand of such messenger at its
    30  office,  shall  make  and deliver a certified copy to such messenger who
    31  shall deliver it forthwith to the state board.
    32    The board of elections shall transmit to the secretary of state within
    33  twenty-five days after a general election, and within twenty days  after
    34  a  special  election,  a list of the names and residences of all persons
    35  determined by the canvassing board to be elected to any  county  office.
    36  Notwithstanding the foregoing provisions of this section, in any year in
    37  which  there  has  been  a run-off election in the city of New York, the
    38  board of elections in the city of New York shall transmit to the  secre-
    39  tary  of  state not later than thirty days after the general election in
    40  that year a list of the names and residences of all  persons  determined
    41  by the canvassing board to be elected to any county office.
    42    The board of elections shall transmit to the state board, on or before
    43  the  tenth  day of December following an election for governor, a certi-
    44  fied tabulated statement, by election districts, of the official canvass
    45  of the votes cast for candidates for governor, to include, in  the  case
    46  of  a  candidate who was nominated by two or more parties or independent
    47  bodies, a separate statement of the number of votes cast for him as  the
    48  candidate  of  each  party or independent body by which he was nominated
    49  and if the county contains more than one assembly district or  parts  of
    50  more than one assembly district, a statement of the number of votes cast
    51  for governor by assembly district.
    52    §  5. Paragraph (a) of subdivision 1 of section 10-108 of the election
    53  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
    54  follows:
    55    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    56  uted by the board of elections, in accordance with the preferred  method
        A. 7745--A                          3
 
     1  of  transmission  designated  by the voter pursuant to section 10-107 of
     2  this article, as soon as practicable but in any  event  not  later  than
     3  thirty-two  days  before a primary or general election; twenty-five days
     4  before  a  New  York  city  community  school  board district or city of
     5  Buffalo  school  district  election;  fourteen  days  before  a  village
     6  election conducted by the board of elections; and forty-five days before
     7  a  special  election.   Notwithstanding the foregoing provisions of this
     8  section, in any year in which there has been a run-off election  in  the
     9  city  of New York, ballots for military voters shall be mailed or other-
    10  wise distributed by the board of elections of such  city  in  accordance
    11  with the preferred method of transmission designated by the voter pursu-
    12  ant to section 10-107 of this article, as soon as practicable but in any
    13  event  not later than twenty-five days before a general election in that
    14  year. A voter who submits a military ballot application shall  be  enti-
    15  tled  to  a  military  ballot  thereafter  for  each subsequent election
    16  through and including the next two regularly scheduled general elections
    17  held in even numbered years, including any  run-offs  which  may  occur;
    18  provided,  however, such application shall not be valid for any election
    19  held within seven days after its receipt. Ballots shall also  be  mailed
    20  to  any  qualified  military  voter  who  is  already registered and who
    21  requests such military ballot from such board of elections in a  letter,
    22  which  is signed by the voter and received by the board of elections not
    23  later than the seventh day before the election for which the  ballot  is
    24  requested and which states the address where the voter is registered and
    25  the  address to which the ballot is to be mailed. The board of elections
    26  shall enclose with such  ballot  a  form  of  application  for  military
    27  ballot.  In the case of a primary election, the board shall deliver only
    28  the ballot of the party  with  which  the  military  voter  is  enrolled
    29  according  to  the military voter's registration records. In the event a
    30  primary  election  is  uncontested  in  the  military  voter's  election
    31  district  for  all  offices  or  positions  except the party position of
    32  member of the ward, town, city or county committee, no ballot  shall  be
    33  delivered  to  such  military  voter for such election; and the military
    34  voter shall be advised of the reason why he or she will  not  receive  a
    35  ballot.
    36    §  6.  Subdivision 1 of section 10-114 of the election law, as amended
    37  by chapter 165 of the laws of 2009, is amended to read as follows:
    38    1. The board of elections shall cause all military ballots received by
    39  it before the close of  the  polls  on  election  day  and  all  ballots
    40  contained  in envelopes showing a cancellation mark of the United States
    41  postal service or a foreign country's postal service, or showing a dated
    42  endorsement of receipt by another agency of the United States government
    43  or are signed and dated by the voter and one  witness  thereto,  with  a
    44  date  which  is ascertained to be not later than the day before election
    45  and received by such board  of  elections  not  later  than  seven  days
    46  following the day of a primary election and not later than thirteen days
    47  following the day of a general or special election to be cast and count-
    48  ed.  Notwithstanding  the  foregoing  provisions of this section, in any
    49  year in which there has been a run-off election in the city of New York,
    50  the board of elections of such city shall  cause  all  military  ballots
    51  received  by  it  before  the close of the polls on election day and all
    52  ballots contained in envelopes showing a cancellation mark of the United
    53  States postal service or foreign country's postal service, or showing  a
    54  dated  endorsement  of  receipt  by  another agency of the United States
    55  government or are signed and dated by the voter and one witness thereto,
    56  with a date which is ascertained to be not later  than  the  day  before
        A. 7745--A                          4
 
     1  election  day  and  received  by  such board of elections not later than
     2  twenty days following the day of a general election in that year  to  be
     3  cast and counted.
     4    § 7. This act shall take effect immediately.