Relates to the conducting of a spring 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.
STATE OF NEW YORK
________________________________________________________________________
8256
2015-2016 Regular Sessions
IN ASSEMBLY
June 15, 2015
___________
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 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 "Spring" 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 expiration there-
of
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, except a village primary
12 pursuant to either article fifteen or title two of article six of this
13 chapter. In [each] the year two thousand sixteen in which electors of
14 president and vice president of the United States are to be elected, an
15 additional primary election, to be known as the spring primary, shall be
16 held on [the first Tuesday in February] April twenty-sixth, two thousand
17 sixteen, unless otherwise changed by an act of the legislature, for the
18 purpose of making all party nominations for federal office required to
19 be made at a primary election and electing delegates and alternate
20 delegates to the national convention[, members of state and county
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11690-01-5
A. 8256 2
1 committees and assembly district leaders and associate assembly district
2 leaders].
3 § 2. Notwithstanding any inconsistent provisions of the election law,
4 a rule or resolution of a state committee providing for the selection of
5 delegates and alternate delegates to a national party convention or
6 national party conference in the year 2016 shall select either section
7 three or section four of this act in order to conform to the rules of a
8 national committee. A certified copy of such rule or resolution shall
9 be filed with the state board of elections no later than the first day
10 of November, 2015.
11 § 3. The election law is amended by adding a new section 2-122-a to
12 read as follows:
13 § 2-122-a. National convention; national party conference. 1. The
14 rules of the state committee of a party may provide that the delegates
15 and alternate delegates to a national convention or national party
16 conference be elected by a combination of all of the following methods:
17 a. By votes cast at a primary election for candidates for the office
18 of president of the United States in which the names of candidates for
19 such office appear on the ballot;
20 b. By votes cast at a primary election for candidates for the posi-
21 tions of delegate and alternate delegate to a national convention in
22 districts no larger than congressional districts; and
23 c. By the state committee or a committee of the state committee at a
24 meeting or convention called for such purpose as the rules of the party
25 may provide.
26 2. If the rules of a state committee adopted pursuant to the
27 provisions of this section provide for a primary election in which the
28 office of president of the United States appears on the ballot, desig-
29 nation of candidates for such office shall be made pursuant to the
30 provisions of sections 6-100, 6-118, 6-122 (except that such candidates
31 need not be citizens of New York but only citizens of the United
32 States), 6-130, 6-132 (except that references to a committee to fill
33 vacancies shall be deemed references to a committee to receive notices),
34 6-134, 6-144, the provisions with respect to declinations in subdivi-
35 sions one and two of section 6-146 (except that references to a commit-
36 tee to fill vacancies shall be deemed references to a committee to
37 receive notices), 6-154, and subdivision one and the provision with
38 respect to declinations in subdivision two of section 6-158 (except that
39 such candidates may decline such designations not later than February
40 sixteenth, two thousand sixteen) of this chapter. The state board of
41 elections shall forthwith notify the appropriate county boards of
42 elections of any such declination filed.
43 3. Designating petitions, where required for candidates for the office
44 of president of the United States to be voted on by voters of the entire
45 state in a primary election, must be signed by not less than five thou-
46 sand of the then enrolled voters of the party in the state.
47 4. If the rules of a state committee provide for a primary election in
48 which the office of the president of the United States appears on the
49 ballot, in addition to the spaces on the ballot with the names of the
50 candidates designated for such office there may be a space with the word
51 "uncommitted". The "uncommitted" space shall be listed on the ballot
52 provided that a designating petition for such "uncommitted" space which
53 meets the same requirements as a petition designating a candidate for
54 the office of president of the United States is filed in the same manner
55 as is required for such a petition.
A. 8256 3
1 5. a. The form of a petition requesting that an "uncommitted" space be
2 listed on the ballot at a primary election for the office of president
3 of the United States held pursuant to the provisions of this section
4 shall be substantially as follows:
5 I, the undersigned, do hereby state that I am a duly enrolled voter of
6 the .................... Party and entitled to vote at the next primary
7 election of such party to be held on the ...... day of
8 ............... 20..., that my place of residence is truly stated oppo-
9 site my signature hereto, and I do hereby request that an "uncommitted"
10 space be listed on the ballot at the primary election of such party for
11 the office of president of the United States.
12 b. The appointment of a committee to receive notices shall be in the
13 form prescribed for a petition for an opportunity to ballot. The signa-
14 tures on the petition with all the required information and the signed
15 statement of a witness or authentication by a person authorized to take
16 oaths shall be in the form prescribed for a designating petition for
17 such office.
18 6. a. If the rules of a state committee, adopted pursuant to the
19 provisions of this section, provide that the positions of delegate and
20 alternate delegate to a national convention appear on the ballot, desig-
21 nation of candidates for such positions shall be made pursuant to the
22 provisions of sections 6-100, 6-118, 6-122, 6-130, 6-132 (except that
23 references to a committee to fill vacancies shall be deemed references
24 to a committee to receive notices), 6-134, 6-144, the provisions with
25 respect to declinations in subdivisions one and two of section 6-146
26 (except that references to a committee to fill vacancies shall be
27 deemed references to a committee to receive notices), 6-147, 6-154, and
28 subdivision one and the provision with respect to declinations in subdi-
29 vision two and subdivision three of section 6-158 of this chapter.
30 b. Candidates for the positions of district delegate and alternate
31 district delegate to a national party convention pursuant to the
32 provisions of this section shall be enrolled members of such party and
33 residents of the district in which they are candidates. The congres-
34 sional districts used for the election of such delegates and alternate
35 delegates shall be those districts in effect for the two thousand four-
36 teen congressional elections.
37 c. Designating petitions for candidates for such positions must be
38 signed by at least five hundred enrolled voters of the party residing in
39 the district in which such candidates are designated, or by at least
40 one-half of one percent (0.5%) of the then enrolled voters of such party
41 in such district, whichever is less. Such petition signature requirement
42 shall be computed using the official April first, two thousand fifteen
43 enrollments published by the state board of elections.
44 d. The designating petition for any such candidate or candidates shall
45 have printed thereon prior to the affixing of any signatures thereto, a
46 legend naming the presidential candidate whom such candidates are
47 pledged to support, or a legend that such candidates are uncommitted.
48 Such legend shall be part of the title of such position.
49 e. No designating petition containing the names of more than one
50 candidate for either such position shall be valid under this section,
51 for purposes of delegates and alternate delegates, unless all such
52 candidates for such positions have printed on such petition the legend
53 that they are pledged to the same presidential candidate or unless all
54 such candidates for such positions have printed on such petition the
55 legend that they are uncommitted.
A. 8256 4
1 f. No designating petition containing the names of more than one
2 candidate for either such position shall be presumptively valid unless
3 the candidates for delegate as a group and the candidates for alternate
4 as a group are equally divided between males and females, with a vari-
5 ance no greater than one.
6 g. In the event that a designating petition is filed for candidates
7 for such positions listed as pledged to support a presidential candidate
8 or as uncommitted, and the name of such presidential candidate, or the
9 word uncommitted, will not appear on the ballot at the presidential
10 primary election in two thousand sixteen, then the petition designating
11 such candidates for such positions shall be null and void and the names
12 of such candidates for such positions shall not appear on the ballot.
13 h. Every board of elections with which designating petitions are filed
14 pursuant to the provisions of this section shall, not later than four
15 days after the last day to file such petitions, file with the state
16 board of elections by express mail or by electronic transmission, a
17 complete list of all candidates for delegate and alternate delegate
18 together with their residence addresses, the districts in which they are
19 candidates and the name of the presidential candidate whom they are
20 pledged to support or that they are uncommitted. Such boards of
21 elections shall, not later than the day after a certificate of declina-
22 tion or substitution is filed with respect to any such candidate, file
23 such information with respect to such candidate with the state board of
24 elections by electronic transmission.
25 7. a. The rules of a state committee adopted pursuant to the
26 provisions of this section may provide that no candidate for the posi-
27 tions of delegate and alternate delegate may appear on the ballot as
28 pledged to support a particular presidential candidate, or as uncommit-
29 ted, unless the name of such candidate for such position appears on a
30 certificate listing the names of those candidates for such positions who
31 have filed statements of candidacy for such positions with the secretary
32 of the state committee within the time prescribed by such rules and who,
33 if their statements of candidacy contained a pledge of support of a
34 presidential candidate, were not rejected by such presidential candi-
35 date. Such certificate shall also list the address and sex of each such
36 candidate for delegate and alternate delegate and the district in which
37 such candidate may appear on the ballot.
38 b. Such certificate shall be filed by the secretary of such state
39 committee, with the board of elections with which the designating
40 petitions for such candidates for such positions are required to be
41 filed, not later than February twenty-third, two thousand sixteen.
42 c. In the event that a designating petition for candidates for such
43 positions, listed as pledged to support a presidential candidate,
44 contains the names of one or more persons who have not been permitted by
45 such presidential candidate to appear on the ballot as so pledged pursu-
46 ant to the provisions of this section, then the names of such candidates
47 shall not appear on the ballot but the names of other candidates on such
48 petition who have been permitted by the presidential candidate to appear
49 on the ballot shall be placed on the ballot provided that such candi-
50 dates are otherwise eligible and that such petition is otherwise valid.
51 d. The state board of elections shall send a copy of the certificate
52 required by section 4-110 of this chapter to the secretary of the state
53 committee of each party conducting a primary pursuant to the provisions
54 of this section not later than March third, two thousand sixteen. Every
55 other board of elections with which designating petitions for delegate
56 and alternate delegate were filed pursuant to the provisions of this
A. 8256 5
1 section shall, not later than March fourth, two thousand sixteen, send a
2 list of the names and addresses of those candidates who will appear on
3 the ballot to the secretary of each such state committee.
4 8. a. If the rules of a state committee adopted pursuant to the
5 provisions of this section provide for an election in which candidates
6 for the office of president of the United States and the word "uncommit-
7 ted" and candidates for the positions of delegate and alternate delegate
8 to a national convention appear on the ballot, such ballot shall be
9 arranged in the manner prescribed by this section.
10 b. The name of each candidate for the office of president of the
11 United States who has qualified to appear on the ballot and the word
12 "uncommitted," if a valid designating petition to place such word on the
13 ballot was filed with the state board of elections, shall appear in a
14 separate row or column. The names of all the candidates for delegate to
15 a national convention who filed designating petitions containing a
16 legend naming the presidential candidate whom they are pledged to
17 support or stating that they are uncommitted shall be listed in such row
18 or column immediately under or adjacent to the name of such presidential
19 candidate or the word "uncommitted," followed by the names of all candi-
20 dates for alternate delegate to such convention who filed such
21 petitions. If the number of candidates, or groups of candidates for
22 delegate and alternate delegate who are pledged to support a particular
23 presidential candidate or who are uncommitted is greater than the number
24 who may be listed in one row or column and if there are more rows or
25 columns available on the ballot than are required for the candidates for
26 president who have qualified to appear on the ballot, then the board of
27 elections shall use two rows or columns on such ballot to list the names
28 of such candidates for delegate and alternate delegate.
29 c. The order of the names of candidates for the office of president
30 and the word "uncommitted" on the ballot and the order of the names of
31 candidates for the positions of delegate or alternate delegate within a
32 particular row or column shall be determined pursuant to the provisions
33 of subdivision three of section 7-116 of this chapter except that names
34 of candidates for such positions who are designated by individual
35 petitions and not in a group shall have their positions determined by
36 lot in the same drawing as groups and except further that candidates or
37 groups of candidates for delegates and alternate delegates designated by
38 the same petition shall be treated as one group for the purposes of such
39 determination by lot. The provisions of subdivision six of such section
40 7-116 of this chapter shall not apply to any election conducted pursuant
41 to the provisions of this section.
42 d. Immediately following the name of each candidate for delegate and
43 alternate delegate on the ballot shall appear, in parenthesis, the
44 letter (M) if such candidate is male and the letter (F) if such candi-
45 date is female.
46 9. All primary elections conducted pursuant to the provisions of this
47 section shall use only voting systems authorized by title two of article
48 seven of this chapter.
49 10. Persons entitled to vote pursuant to section 11-200 of this chap-
50 ter shall be entitled to sign designating petitions for, and vote in,
51 any election held pursuant to the provisions of this section.
52 11. If the rules of a state committee provide for a primary election
53 in which the office of president of the United States and the positions
54 of delegate and alternate delegate to a national convention appear on
55 the ballot pursuant to the provisions of this section, the state board
56 of elections and the county boards of elections as the case may be shall
A. 8256 6
1 canvass the results of such primary election for such office and posi-
2 tions pursuant to the provisions of sections 9-200 and 9-202 of this
3 chapter, and shall certify to the secretary of the state committee of
4 such party the votes cast for each candidate for such office and posi-
5 tions in such primary election and the votes cast for the "uncommitted"
6 preference, tallied separately by congressional districts, except that
7 no candidate or "uncommitted" preference shall be certified as nominated
8 or elected to any such office or position.
9 12. Except as provided in this section and party rules and regu-
10 lations, all provisions of the election law, except any provisions of
11 section 2-122 of this article which are inconsistent with this section
12 and those sections and subdivisions of article six of this chapter not
13 specified in this section, shall apply to elections conducted pursuant
14 to this section.
15 § 4. The election law is amended by adding a new section 2-122-b to
16 read as follows:
17 § 2-122-b. Presidential primary. 1. Applicability. The selection of
18 delegates and alternate delegates from New York state to the national
19 convention of the Republican party in each year in which electors of
20 president and vice-president of the United States are to be elected
21 shall be conducted pursuant to the provisions of this section. The state
22 committee of any other political party may, by rule or resolution, opt
23 to conduct the selection of delegates and alternate delegates in any
24 such year in accordance with the provisions of this section. A certified
25 copy of such rule or resolution shall be filed with the state board of
26 elections no later than twenty weeks prior to the date of such election.
27 2. General provisions. The awarding of delegates and alternate deleg-
28 ates to a national convention or conference of a political party pursu-
29 ant to this section shall be determined by the votes cast at a statewide
30 primary election for candidates for the office of president of the
31 United States in which the names of candidates for such office appear on
32 the ballot and the names of delegates and alternate delegates do not
33 appear on such ballot. The total number of delegates and alternate
34 delegates shall be determined by the call for the national convention.
35 Three delegates and three alternate delegates shall be awarded from
36 every congressional district in the state, unless the rules of the
37 national Republican party and/or the call for the national convention
38 provide differently. The total number of delegates and alternate deleg-
39 ates as established by the call for the national convention minus the
40 number of delegates and alternate delegates to be awarded from the
41 congressional districts shall be designated at-large delegates and
42 at-large alternate delegates.
43 A political party shall certify to the state board of elections, at
44 least twelve weeks prior to the date of the presidential primary, the
45 number of delegates to which such party is entitled pursuant to its
46 rules.
47 Congressional district delegates and alternate delegates shall be
48 awarded based upon the results of separate and distinct primary
49 elections held within each congressional district of the state. Congres-
50 sional district delegates and alternate delegates shall be awarded to
51 presidential candidates pursuant to paragraph b of subdivision four of
52 this section and elected pursuant to paragraph c of subdivision four of
53 this section. At-large delegates and alternate delegates shall be
54 elected by the state committee and allocated to presidential candidates
55 pursuant to subdivision five of this section.
A. 8256 7
1 3. Ballot access methods. Candidates shall be eligible to appear on
2 the ballot in a primary election of a political party for the office of
3 president of the United States pursuant to any of the following
4 provisions:
5 a. Any candidate who has been certified as eligible to receive presi-
6 dential primary matching fund payments pursuant to the provisions of 11
7 Code of Federal Regulations Part 9033, or any candidate who meets the
8 eligibility criteria regarding matchable contributions established in 11
9 Code of Federal Regulations Part 9033.2(b)(3) regardless of whether such
10 candidate actually applied for such matching fund payments, may request,
11 by certificate filed and received by the state board of elections no
12 sooner than twelve weeks and not later than nine weeks prior to the date
13 of the presidential primary, that the name of such candidate appear on
14 the ballot at the primary of such party in the state of New York for
15 that year.
16 b. Any candidate may request, by certificate filed and received by the
17 state board of elections no sooner than twelve weeks and not later than
18 nine weeks prior to the date of the presidential primary, that the name
19 of such candidate appear on the ballot at the primary of such party in
20 the state of New York for the office of president of the United States.
21 Such candidate shall be eligible to appear on the ballot of such party
22 in the state of New York at the primary election for that year if the
23 state board of elections determines that the person is a nationally
24 known and recognized candidate and the candidacy of such person for the
25 party nomination for president is generally and seriously advocated or
26 recognized according to reports in the national or state news media.
27 Notwithstanding any inconsistent provision of law to the contrary, a
28 request by a candidate to appear on the presidential primary ballot of a
29 major political party shall be determined solely upon a joint recommen-
30 dation by the commissioners of the state board of elections who have
31 been appointed on the recommendation of such political party or the
32 legislative leaders of such political party, and no other commissioner
33 of the state board of elections shall participate in such determination.
34 The state board of elections shall act upon any such request no later
35 than fifty-five days before the presidential primary.
36 c. Any candidate shall be eligible to appear on the ballot pursuant to
37 the provisions of article six of this chapter. Designating petitions
38 shall be signed by not less than five thousand or five percent, whichev-
39 er is less, of the then enrolled voters of the party in the state.
40 d. Presidential candidates determined eligible to appear on the
41 primary ballot may have their name removed from such primary ballot by
42 filing a certificate with the state board of elections and received no
43 later than twenty-eight days before such primary election. After such
44 date but before the date of the primary, presidential candidates may
45 file a certificate with the state board of elections deeming any vote
46 for such presidential candidate to be a void vote.
47 4. Election of delegates and alternate delegates from congressional
48 districts. a. Each congressional district shall conduct a separate and
49 distinct primary election. Enrolled Republican voters from a congres-
50 sional district shall vote for a presidential candidate who has quali-
51 fied for the primary ballot pursuant to subdivision three of this
52 section.
53 b. All three delegates and all three alternate delegates from a
54 congressional district shall be awarded to a presidential candidate who
55 receives a majority of the total votes cast for presidential candidates
56 in such congressional district. If no presidential candidate receives a
A. 8256 8
1 majority of the votes in a congressional district, the presidential
2 candidate receiving the most votes in the congressional district shall
3 be awarded two delegates and two alternate delegates and the presiden-
4 tial candidate who receives the second most votes in the congressional
5 district shall be awarded one delegate and one alternate delegate,
6 provided however, that a presidential candidate must receive at least
7 twenty percent of the total votes cast for presidential candidates in
8 the congressional district in order to be awarded any delegates and
9 alternate delegates from that congressional district. If only one presi-
10 dential candidate receives twenty percent or more of the total votes
11 cast for presidential candidates in a congressional district, such pres-
12 idential candidate shall be awarded all three delegates and all three
13 alternate delegates. If no presidential candidate receives twenty
14 percent or more of the total votes cast for presidential candidates in a
15 congressional district, the three delegate and three alternate delegate
16 positions from such district shall be deemed vacant and filled pursuant
17 to the rules of the national Republican party.
18 c. All congressional district delegates and alternate delegates shall
19 be elected by the members of the New York Republican state committee
20 representing each such congressional district and awarded to presiden-
21 tial candidates pursuant to paragraph b of this subdivision. The
22 congressional district delegates and alternate delegates shall be
23 elected by the members of the New York Republican state committee
24 representing each such congressional district at meetings called by the
25 state chairman and scheduled in compliance with Rule 20 of the Rules of
26 the Republican Party (National) but, if practicable, following the
27 certification of the results of the presidential primary by the New York
28 state board of elections. The notices of call issued by the state chair-
29 man shall designate New York Republican state committee members to serve
30 as chairs and secretaries of the congressional district meetings. At
31 these congressional district meetings, the members of the New York
32 Republican state committee shall each cast votes equal to the Republican
33 enrollment for their unit of representation that is within the congres-
34 sional district. Voting by proxy at the congressional district meeting
35 shall be valid. The chair and secretary of each congressional district
36 meeting shall file a certificate with the New York state board of
37 elections stating the names and addresses of the individuals elected as
38 congressional district delegates and alternate delegates within five
39 days of the meeting.
40 5. Election of at large delegates and at large alternate delegates.
41 At-large delegates and at-large alternate delegates shall be elected by
42 the New York Republican state committee and awarded to presidential
43 candidates based upon the statewide vote results of the presidential
44 primary election. All at-large delegates and at-large alternate deleg-
45 ates shall be awarded to a presidential candidate who receives a majori-
46 ty of the statewide total votes cast for presidential candidates. If no
47 presidential candidate receives a majority of the statewide total votes
48 cast for presidential candidates, at-large delegates and at-large alter-
49 nate delegates shall be allocated and awarded as follows: based on the
50 ratio of the total statewide vote received by each presidential candi-
51 date in relation to the total statewide vote for all presidential candi-
52 dates receiving at least twenty percent of the statewide vote in the
53 presidential primary election, the New York Republican state committee
54 shall apportion pro-rata the number of at-large delegates and at-large
55 alternate delegates that each presidential candidate is entitled to
56 receive rounded to the nearest whole number: provided however, that a
A. 8256 9
1 presidential candidate must receive at least twenty percent of the total
2 statewide vote of the presidential primary election in order to be
3 awarded any at-large delegates by the New York Republican state commit-
4 tee. In the event the pro-rata apportionment of delegates leaves one or
5 more delegates unawarded by process of mathematical distribution, then
6 any such delegate or delegates, shall be awarded to the presidential
7 candidate with the most statewide votes for all presidential candidates.
8 In the event pro-rata apportionment entitles presidential candidates by
9 process of mathematical distribution to more delegates than are author-
10 ized pursuant to the rules of the national Republican party and the call
11 for the national convention, then the number of delegates awarded for
12 the candidate receiving the least statewide votes among those presiden-
13 tial candidates otherwise entitled to be awarded delegates, shall be
14 decreased to the extent necessary to conform to the number of authorized
15 delegate positions.
16 6. All provisions of this chapter which are not inconsistent with this
17 section shall be applicable to a primary election conducted pursuant to
18 this section.
19 § 5. Subdivision 4 of section 6-158 of the election law, as amended by
20 chapter 434 of the laws of 1984, is amended and a new subdivision 1-a is
21 added to read as follows:
22 1-a. A designating petition for a spring primary election shall be
23 filed not earlier than the twelfth Monday before, and not later than the
24 eleventh Thursday preceding the spring primary election.
25 4. A petition of enrolled members of a party requesting an opportunity
26 to write in the name of an undesignated candidate for a public office or
27 party position at a primary election shall be filed not later than the
28 eighth Thursday preceding the primary election, except that such a peti-
29 tion filed for the two thousand sixteen spring primary shall be filed
30 not later than the tenth Thursday preceding the spring primary. Howev-
31 er, where a designating petition has been filed and the person named
32 therein has declined such designation and another person has been desig-
33 nated to fill the vacancy, then in that event, a petition for an oppor-
34 tunity to ballot in a primary election shall be filed not later than the
35 seventh Thursday preceding such primary election, except that such a
36 petition filed for the two thousand sixteen spring primary shall be
37 filed not later than the ninth Thursday preceding the spring primary.
38 § 6. Subdivisions 6, 9, 11, and 12 of section 6-158 of the election
39 law, subdivision 6 as amended by chapter 79 of the laws of 1992, subdi-
40 vision 9 as amended by chapter 517 of the laws of 1986, and subdivisions
41 11 and 12 as amended by chapter 434 of the laws of 1984, are amended to
42 read as follows:
43 6. A certificate of a party nomination made other than at the primary
44 election for an office to be filled at the time of a general election
45 shall be filed not later than seven days after the fall primary
46 election, except that a certificate of nomination for an office which
47 becomes vacant after the seventh day preceding such primary election
48 shall be filed not later than fourteen days after the creation of such
49 vacancy and except, further, that a certificate of party nomination of
50 candidates for elector of president and vice-president of the United
51 States shall be filed not later than [fourteen days after the fall
52 primary election] sixty days before the two thousand sixteen general
53 election, and except still further that a certificate of party nomi-
54 nation made at a judicial district convention shall be filed not later
55 than the day after the last day to hold such convention and the minutes
56 of such convention, duly certified by the chairman and secretary, shall
A. 8256 10
1 be filed within seventy-two hours after adjournment of the convention. A
2 certificate of party nomination for an office to be filled at a special
3 election shall be filed not later than ten days following the issuance
4 of a proclamation of such election.
5 9. A petition for an independent nomination for an office to be filled
6 at the time of a general election shall be filed not earlier than twelve
7 weeks and not later than eleven weeks preceding such election, except
8 that an independent nomination for a federal office to be filled at the
9 time of the two thousand sixteen general election shall be filed not
10 earlier than the fifteenth and not later than the fourteenth weeks
11 preceding such election. A petition for an independent nomination for an
12 office to be filled at a special election shall be filed not later than
13 twelve days following the issuance of a proclamation of such election. A
14 petition for trustee of the Long Island Power Authority shall be filed
15 not earlier than seven weeks and not later than six weeks preceding the
16 day of the election of such trustees.
17 11. A certificate of acceptance or declination of an independent nomi-
18 nation for [an] a state or local office to be filled at the time of a
19 general election shall be filed not later than the third day after the
20 eleventh Tuesday preceding such election, and a certificate of accept-
21 ance or declination of an independent nomination for a federal office to
22 be filled at the time of the two thousand sixteen general election shall
23 be filed not later than the third day after the fourteenth Tuesday
24 preceding such election, except that a candidate who files such a
25 certificate of acceptance for [an] a state or local office for which
26 there have been filed certificates or petitions designating more than
27 one candidate for the nomination of any party, may thereafter file a
28 certificate of declination for such state or local office not later than
29 the third day after the primary election. A certificate of acceptance or
30 declination of an independent nomination for an office to be filled at a
31 special election shall be filed not later than fourteen days following
32 the issuance of a proclamation of such election.
33 12. A certificate to fill a vacancy caused by a declination of an
34 independent nomination for an office to be filled at the time of a
35 general election shall be filed not later than the sixth day after the
36 eleventh Tuesday preceding such election, except that a certificate to
37 fill a vacancy caused by a declination of an independent nomination for
38 a federal office to be filled at the time of a general election shall be
39 filed not later than the sixth day after the fourteenth Tuesday preced-
40 ing such election. A certificate to fill a vacancy caused by a declina-
41 tion of an independent nomination for an office to be filled at a
42 special election shall be filed not later than sixteen days following
43 the issuance of a proclamation of such election.
44 § 7. Section 4-110 of the election law, as amended by chapter 434 of
45 the laws of 1984, is amended to read as follows:
46 § 4-110. Certification of primary election candidates; state board of
47 elections. The state board of elections not later than thirty-six days
48 before a primary election or fifty-four days before a spring primary
49 election, shall certify to each county board of elections: The name and
50 residence of each candidate to be voted for within the political subdi-
51 vision of such board for whom a designation has been filed with the
52 state board; the title of the office or position for which the candidate
53 is designated; the name of the party upon whose primary ballot his name
54 is to be placed; and the order in which the names of the candidates are
55 to be printed as determined by the state board. Where an office or
56 position is uncontested, such certification shall state such fact.
A. 8256 11
1 § 8. Subdivision 1 of section 4-112 of the election law, as amended by
2 chapter 4 of the laws of 2011, is amended to read as follows:
3 1. The state board of elections not later than thirty-six days before
4 a general election, or fifty-three days before a special election, or
5 fifty-four days before the general election with respect only to federal
6 candidates, shall certify to each county board of elections the name and
7 residence of each candidate nominated in any valid certificate filed
8 with it or by the returns canvassed by it, the title of the office for
9 which nominated; the name of the party or body specified of which he is
10 a candidate; the emblem chosen to distinguish the candidates of the
11 party or body; and a notation as to whether or not any litigation is
12 pending concerning the candidacy. Upon the completion of any such liti-
13 gation, the state board of elections shall forthwith notify the appro-
14 priate county boards of elections of the results of such litigation.
15 § 9. Section 4-114 of the election law, as amended by chapter 4 of the
16 laws of 2011, is amended to read as follows:
17 § 4-114. Determination of candidates and questions; county board of
18 elections. The county board of elections, not later than the thirty-
19 fifth day before the day of a primary or general election, or the
20 fifty-third day before a special election, spring primary election, or
21 the general election with respect only to federal candidates, shall
22 determine the candidates duly nominated for public office and the ques-
23 tions that shall appear on the ballot within the jurisdiction of that
24 board of elections.
25 § 10. Paragraph (a) of subdivision 1 of section 10-108 of the election
26 law, as amended by chapter 4 of the laws of 2011, is amended to read as
27 follows:
28 (a) Ballots for military voters shall be mailed or otherwise distrib-
29 uted by the board of elections, in accordance with the preferred method
30 of transmission designated by the voter pursuant to section 10-107 of
31 this article, as soon as practicable but in any event not later than
32 thirty-two days before a primary or general election; twenty-five days
33 before a New York city community school board district or city of
34 Buffalo school district election; fourteen days before a village
35 election conducted by the board of elections; and forty-five days before
36 a special election, spring primary election or the general election with
37 respect only to the ballot for federal candidates. A voter who submits a
38 military ballot application shall be entitled to a military ballot ther-
39 eafter for each subsequent election through and including the next two
40 regularly scheduled general elections held in even numbered years,
41 including any run-offs which may occur; provided, however, such applica-
42 tion shall not be valid for any election held within seven days after
43 its receipt. Ballots shall also be mailed to any qualified military
44 voter who is already registered and who requests such military ballot
45 from such board of elections in a letter, which is signed by the voter
46 and received by the board of elections not later than the seventh day
47 before the election for which the ballot is requested and which states
48 the address where the voter is registered and the address to which the
49 ballot is to be mailed. The board of elections shall enclose with such
50 ballot a form of application for military ballot. In the case of a
51 primary election, the board shall deliver only the ballot of the party
52 with which the military voter is enrolled according to the military
53 voter's registration records. In the event a primary election is uncon-
54 tested in the military voter's election district for all offices or
55 positions except the party position of member of the ward, town, city or
56 county committee, no ballot shall be delivered to such military voter
A. 8256 12
1 for such election; and the military voter shall be advised of the reason
2 why he or she will not receive a ballot.
3 § 11. Section 6-116 of the election law, as amended by chapter 373 of
4 the laws of 1978, is amended to read as follows:
5 § 6-116. Party nominations; election to fill a vacancy. A party nomi-
6 nation of a candidate for election to fill a vacancy in an elective
7 office required to be filled at the next general election, occurring
8 after seven days before the last day for circulating designating
9 petitions or after the holding of the meeting or convention to nominate
10 or designate candidates for such, shall be made, after the day of the
11 primary election, by a majority vote of a quorum of the state committee
12 if the vacancy occurs in an office to be filled by all voters of the
13 state, and otherwise by a majority vote of a quorum of the members of a
14 county committee or committees last elected in the political subdivision
15 in which such vacancy is to be filled, or by a majority of such other
16 committee as the rules of the party may provide. Notwithstanding any
17 other provision of this section, upon a vacancy in a federal elective
18 office for which a writ of election is issued for the general election
19 to be held in two thousand sixteen, a certificate of nomination for such
20 office shall be filed no later than ninety days after the spring primary
21 election. A certificate of nomination shall be filed as provided for
22 herein.
23 § 12. Subdivision 4 of section 11-204 of the election law, as amended
24 by chapter 4 of the laws of 2011, is amended to read as follows:
25 4. If the board of elections shall determine that the applicant making
26 the application provided for in this section is qualified to receive and
27 vote a special federal ballot, it shall, as soon as practicable after it
28 shall have so determined, or not later than [thirty-two] forty-five days
29 before each general or spring primary [election and forty-five days
30 before each], or special election in which such applicant is qualified
31 to vote, or three days after receipt of such an application, whichever
32 is later, mail to him or her at the residence address outside the United
33 States shown in his or her application, a special federal ballot, an
34 inner affirmation envelope and an outer envelope, or otherwise distrib-
35 ute same to the voter in accordance with the preferred method of trans-
36 mission designated by the voter pursuant to section 11-203 of this
37 title. The board of elections shall also mail, or otherwise distribute
38 in accordance with the preferred method of transmission designated by
39 the voter pursuant to section 11-203 of this title, a special federal
40 ballot to every qualified special federal voter who is already regis-
41 tered and who requests such special federal ballot from such board of
42 elections in a letter, which is signed by the voter and received by the
43 board of elections not later than the seventh day before the election
44 for which the ballot is first requested and which states the address
45 where the voter is registered and the address to which the ballot is to
46 be mailed. The board of elections shall enclose with such ballot a form
47 of application for a special federal ballot.
48 § 13. Section 1-106 of the election law is amended by adding a new
49 subdivision 1-a to read as follows:
50 1-a. The filing by mail provisions of subdivision one of this section
51 shall not apply to the spring primary or federal offices on the general
52 election ballot. For such primary and the general election with respect
53 to federal offices, filings of certificates and petitions of designation
54 or nomination, certificates of acceptance or declination of such desig-
55 nations and nominations, certificates of authorization for such desig-
56 nations, certificates of disqualification, certificates of substitution
A. 8256 13
1 for such designations or nominations, and objections and specifications
2 of objections to certificates and petitions required to be filed with
3 the state board of elections or a board of elections outside of the city
4 of New York shall be deemed timely filed by mail and accepted for filing
5 if (i) sent by mail, or overnight delivery service as defined by para-
6 graph six of subdivision (b) of rule twenty-one hundred three of the
7 civil practice law and rules, in an envelope postmarked or showing
8 receipt by the overnight delivery service, prior to midnight of the last
9 day of filing, and (ii) if received no later than one business day after
10 the last day to file such certificates, petitions, objections or spec-
11 ifications.
12 § 14. Separability. If any sentence, clause, subparagraph, paragraph,
13 subdivision, section or other part of this act, or the application ther-
14 eof to any party, person or circumstances shall be held or adjudged by
15 any court of competent jurisdiction to be invalid, such holding or judg-
16 ment shall not affect, impair or invalidate the remainder or any portion
17 of the remainder of this act, or the application of such section or part
18 of a section held or adjudged to be invalid, to any other person or
19 circumstances, but shall be confined in its operation to the sentence,
20 clause, subparagraph, paragraph, subdivision, section or other part of
21 this act directly involved in the controversy in which such holding or
22 judgment shall have been rendered, or to the party, person and circum-
23 stances therein involved.
24 § 15. This act shall take effect immediately; provided, however, if
25 this act shall become law after July 1, 2015, it shall take effect imme-
26 diately and shall be deemed to have been in full force and effect on and
27 after July 1, 2015; provided further that sections six, seven, eight,
28 nine, ten, eleven, twelve and thirteen of this act shall take effect
29 December 15, 2015; and provided further, this act shall expire December
30 31, 2016 when upon such date the provisions of this act shall be deemed
31 repealed.
