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A08363 Summary:

BILL NOA08363
 
SAME ASSAME AS S05753
 
SPONSORSilver (MS)
 
COSPNSRCusick
 
MLTSPNSR
 
Amd SS8-100, 6-158, 4-110, 4-114, 10-108 & 11-204, add SS2-122-a & 2-122-b, El L
 
Provides for the election of delegates to a national party convention or a national party conference; relates to electing delegates to a national party convention or conference.
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A08363 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8363
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 14, 2011
                                       ___________
 
        Introduced by M. of A. SILVER, CUSICK -- (at request of the Governor) --
          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 2012, and

          the "Presidential" and "Fall" primary  in  such  year;  to  amend  the
          election  law,  in  relation to electing delegates to a national party
          convention; and providing for the repeal of such provisions upon expi-
          ration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision 1 of section 8-100 of the
     2  election law, as amended by chapter 17 of the laws of 2007,  is  amended
     3  to read as follows:
     4    (a) A primary election, to be known as the fall primary, shall be held
     5  on  the  first Tuesday after the second Monday in September before every
     6  general election unless otherwise changed by an act of the  legislature.
     7  Members of state and county committees and assembly district leaders and

     8  associate  assembly district leaders and all other party positions to be
     9  elected shall be elected at the fall primary  and  all  nominations  for
    10  public  office  required  to  be made at a primary election in such year
    11  shall be made at the fall primary.  In  [each]  the  year  two  thousand
    12  twelve  in  which electors of president and vice president of the United
    13  States are to be elected, an additional primary election, to be known as
    14  the [spring] presidential primary, shall be held on [the  first  Tuesday
    15  in  February] April twenty-fourth, two thousand twelve, unless otherwise
    16  changed by an act of the legislature, for the purpose of electing deleg-

    17  ates to the national convention[, members of state and county committees
    18  and assembly district leaders and associate assembly district leaders].
    19    § 2. Notwithstanding any inconsistent provisions of the election  law,
    20  a rule or resolution of a state committee providing for the selection of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12063-03-1

        A. 8363                             2
 
     1  delegates  and  alternate  delegates  to  a national party convention or
     2  national party conference in the year 2012 shall select  either  section
     3  three  or section four of this act in order to conform to the rules of a

     4  national  committee.   A certified copy of such rule or resolution shall
     5  be filed with the state board of elections no later than the  first  day
     6  of November, 2011.
     7    §  3.  The  election law is amended by adding a new section 2-122-a to
     8  read as follows:
     9    § 2-122-a. National convention; national party  conference.    1.  The
    10  rules  of  the state committee of a party may provide that the delegates
    11  and alternate delegates to  a  national  convention  or  national  party
    12  conference be elected by a combination of all of the following methods:
    13    a.  By  votes cast at a primary election for candidates for the office
    14  of president of the United States in which the names of  candidates  for
    15  such office appear on the ballot;

    16    b.  By  votes  cast at a primary election for candidates for the posi-
    17  tions of delegate and alternate delegate to  a  national  convention  in
    18  districts no larger than congressional districts; and
    19    c.  By  the state committee or a committee of the state committee at a
    20  meeting or convention called for such purpose as the rules of the  party
    21  may provide.
    22    2.  If  the  rules  of  a  state  committee  adopted  pursuant  to the
    23  provisions of this section provide for a primary election in  which  the
    24  office  of  president of the United States appears on the ballot, desig-
    25  nation of candidates for such office  shall  be  made  pursuant  to  the
    26  provisions  of sections 6-100, 6-118, 6-122 (except that such candidates

    27  need not be citizens of  New  York  but  only  citizens  of  the  United
    28  States),  6-130,  6-132  (except  that references to a committee to fill
    29  vacancies shall be deemed references to a committee to receive notices),
    30  6-134, 6-144, the provisions with respect to  declinations  in  subdivi-
    31  sions  one and two of section 6-146 (except that references to a commit-
    32  tee to fill vacancies shall be  deemed  references  to  a  committee  to
    33  receive  notices),  6-154,  and  subdivision  one and the provision with
    34  respect to declinations in subdivision two of section 6-158 (except that
    35  such candidates may decline such designations not  later  than  February
    36  thirteenth,  two  thousand  twelve)  of this chapter. The state board of

    37  elections shall  forthwith  notify  the  appropriate  county  boards  of
    38  elections of any such declination filed.
    39    3. Designating petitions, where required for candidates for the office
    40  of president of the United States to be voted on by voters of the entire
    41  state  in a primary election, must be signed by not less than five thou-
    42  sand of the then enrolled voters of the party in the state.
    43    4. If the rules of a state committee provide for a primary election in
    44  which the office of the president of the United States  appears  on  the
    45  ballot,  in  addition  to the spaces on the ballot with the names of the
    46  candidates designated for such office there may be a space with the word
    47  "uncommitted."  The "uncommitted" space shall be listed  on  the  ballot

    48  provided  that a designating petition for such "uncommitted" space which
    49  meets the same requirements as a petition designating  a  candidate  for
    50  the office of president of the United States is filed in the same manner
    51  as is required for such a petition.
    52    5. a. The form of a petition requesting that an "uncommitted" space be
    53  listed  on  the ballot at a primary election for the office of president
    54  of the United States held pursuant to the  provisions  of  this  section
    55  shall be substantially as follows:

        A. 8363                             3
 
     1    I, the undersigned, do hereby state that I am a duly enrolled voter of
     2  the .................... Party  and entitled to vote at the next primary

     3  election   of   such   party   to   be   held   on   the ...... day   of
     4  ............... 20...,  that my place of residence is truly stated oppo-
     5  site  my signature hereto, and I do hereby request that an "uncommitted"
     6  space be listed on the ballot at the primary election of such party  for
     7  the office of president of the United States.
     8    b.  The  appointment of a committee to receive notices shall be in the
     9  form prescribed for a petition for a opportunity to ballot.  The  signa-
    10  tures  on  the petition with all the required information and the signed
    11  statement of a witness or authentication by a person authorized to  take
    12  oaths  shall  be  in  the form prescribed for a designating petition for
    13  such office.

    14    6. a. If the rules of a  state  committee,  adopted  pursuant  to  the
    15  provisions  of  this section, provide that the positions of delegate and
    16  alternate delegate to a national convention appear on the ballot, desig-
    17  nation of candidates for such positions shall be made  pursuant  to  the
    18  provisions  of  sections  6-100, 6-118, 6-122, 6-130, 6-132 (except that
    19  references to a committee to fill vacancies shall be  deemed  references
    20  to  a  committee  to receive notices), 6-134, 6-144, the provisions with
    21  respect to declinations in subdivisions one and  two  of  section  6-146
    22  (except  that    references  to  a  committee to fill vacancies shall be
    23  deemed references to a committee to receive notices), 6-147, 6-154,  and

    24  subdivision one and the provision with respect to declinations in subdi-
    25  vision two and subdivision three of section 6-158 of this chapter.
    26    b.  Candidates  for  the  positions of district delegate and alternate
    27  district delegate  to  a  national  party  convention  pursuant  to  the
    28  provisions  of  this section shall be enrolled members of such party and
    29  residents of the district in which they are candidates.    The  congres-
    30  sional  districts  used for the election of such delegates and alternate
    31  delegates shall be those districts in effect for the  two  thousand  ten
    32  congressional  elections unless new district lines developed pursuant to
    33  the state's congressional redistricting based upon the two thousand  ten

    34  federal census have been enacted into law at least nineteen weeks before
    35  the date of the presidential primary.
    36    c.  Designating  petitions  for  candidates for such positions must be
    37  signed by at least five hundred enrolled voters of the party residing in
    38  the district in which such candidates are designated,  or  by  at  least
    39  one-half of one percent (0.5%) of the then enrolled voters of such party
    40  in such district, whichever is less.
    41    d. The designating petition for any such candidate or candidates shall
    42  have  printed thereon prior to the affixing of any signatures thereto, a
    43  legend naming  the  presidential  candidate  whom  such  candidates  are
    44  pledged  to  support,  or a legend that such candidates are uncommitted.

    45  Such legend shall be part of the title of such position.
    46    e. No designating petition containing  the  names  of  more  than  one
    47  candidate for either such position shall be valid unless all such candi-
    48  dates  for  such positions have printed on such petition the legend that
    49  they are pledged to the same presidential candidate or unless  all  such
    50  candidates  for  such positions have printed on such petition the legend
    51  that they are uncommitted.
    52    f. No designating petition containing  the  names  of  more  than  one
    53  candidate  for  either such position shall be presumptively valid unless
    54  the candidates for delegate as a group and the candidates for  alternate
    55  as  a  group are equally divided between males and females, with a vari-

    56  ance no greater than one.

        A. 8363                             4
 
     1    g. In the event that a designating petition is  filed  for  candidates
     2  for such positions listed as pledged to support a presidential candidate
     3  or  as  uncommitted, and the name of such presidential candidate, or the
     4  word uncommitted, will not appear on  the  ballot  at  the  presidential
     5  primary  election  in two thousand twelve, then the petition designating
     6  such candidates for such positions shall be null and void and the  names
     7  of such candidates for such positions shall not appear on the ballot.
     8    h. Every board of elections with which designating petitions are filed
     9  pursuant  to  the  provisions of this section shall, not later than four

    10  days after the last day to file such  petitions,  file  with  the  state
    11  board  of  elections  by  express  mail or by electronic transmission, a
    12  complete list of all candidates  for  delegate  and  alternate  delegate
    13  together with their residence addresses, the districts in which they are
    14  candidates  and  the  name  of  the presidential candidate whom they are
    15  pledged to  support  or  that  they  are  uncommitted.  Such  boards  of
    16  elections  shall, not later than the day after a certificate of declina-
    17  tion or substitution is filed with respect to any such  candidate,  file
    18  such  information with respect to such candidate with the state board of
    19  elections by electronic transmission.

    20    7. a.  The  rules  of  a  state  committee  adopted  pursuant  to  the
    21  provisions  of  this section may provide that no candidate for the posi-
    22  tions of delegate and alternate delegate may appear  on  the  ballot  as
    23  pledged  to support a particular presidential candidate, or as uncommit-
    24  ted, unless the name of such candidate for such position  appears  on  a
    25  certificate listing the names of those candidates for such positions who
    26  have filed statements of candidacy for such positions with the secretary
    27  of the state committee within the time prescribed by such rules and who,
    28  if  their  statements  of  candidacy  contained a pledge of support of a
    29  presidential candidate, were not rejected by  such  presidential  candi-

    30  date.  Such certificate shall also list the address and sex of each such
    31  candidate for delegate and alternate delegate and the district in  which
    32  such candidate may appear on the ballot.
    33    b.  Such  certificate  shall  be  filed by the secretary of such state
    34  committee, with the  board  of  elections  with  which  the  designating
    35  petitions  for  such  candidates  for  such positions are required to be
    36  filed, not later than February twenty-first, two thousand twelve.
    37    c. In the event that a designating petition for  candidates  for  such
    38  positions,  listed  as  pledged  to  support  a  presidential candidate,
    39  contains the names of one or more persons who have not been permitted by

    40  such presidential candidate to appear on the ballot as so pledged pursu-
    41  ant to the provisions of this section, then the names of such candidates
    42  shall not appear on the ballot but the names of other candidates on such
    43  petition who have been permitted by the presidential candidate to appear
    44  on the ballot shall be placed on the ballot provided  that  such  candi-
    45  dates are otherwise eligible and that such petition is otherwise valid.
    46    d.  The  state board of elections shall send a copy of the certificate
    47  required by section 4-110 of this chapter to the secretary of the  state
    48  committee  of each party conducting a primary pursuant to the provisions
    49  of this section. Every other board of elections with  which  designating

    50  petitions for delegate and alternate delegate were filed pursuant to the
    51  provisions of this section shall, not later than March second, two thou-
    52  sand  twelve, send a list of the names and addresses of those candidates
    53  who will appear on the ballot  to  the  secretary  of  each  such  state
    54  committee.
    55    8.  a.  If  the  rules  of  a  state committee adopted pursuant to the
    56  provisions of this section provide for an election in  which  candidates

        A. 8363                             5
 
     1  for the office of president of the United States and the word "uncommit-
     2  ted" and candidates for the positions of delegate and alternate delegate
     3  to  a  national  convention  appear  on the ballot, such ballot shall be

     4  arranged in the manner prescribed by this section.
     5    b.  The  name  of  each  candidate  for the office of president of the
     6  United States who has qualified to appear on the  ballot  and  the  word
     7  "uncommitted," if a valid designating petition to place such word on the
     8  ballot  was  filed  with the state board of elections, shall appear in a
     9  separate row or column. The names of all the candidates for delegate  to
    10  a  national  convention  who  filed  designating  petitions containing a
    11  legend naming the  presidential  candidate  whom  they  are  pledged  to
    12  support or stating that they are uncommitted shall be listed in such row
    13  or column immediately under or adjacent to the name of such presidential

    14  candidate or the word "uncommitted," followed by the names of all candi-
    15  dates   for  alternate  delegate  to  such  convention  who  filed  such
    16  petitions. If the number of candidates,  or  groups  of  candidates  for
    17  delegate  and alternate delegate who are pledged to support a particular
    18  presidential candidate or who are uncommitted is greater than the number
    19  who may be listed in one row or column and if there  are  more  rows  or
    20  columns available on the ballot than are required for the candidates for
    21  president  who have qualified to appear on the ballot, then the board of
    22  elections shall use two rows or columns on such ballot to list the names
    23  of such candidates for delegate and alternate delegate.

    24    c. The order of the names of candidates for the  office  of  president
    25  and  the  word "uncommitted" on the ballot and the order of the names of
    26  candidates for the positions of delegate or alternate delegate within  a
    27  particular  row or column shall be determined pursuant to the provisions
    28  of subdivision three of section 7-116 of this chapter except that  names
    29  of  candidates  for  such  positions  who  are  designated by individual
    30  petitions and not in a group shall have their  positions  determined  by
    31  lot  in the same drawing as groups and except further that candidates or
    32  groups of candidates for delegates and alternate delegates designated by
    33  the same petition shall be treated as one group for the purposes of such

    34  determination by lot. The provisions of subdivision six of such  section
    35  7-116 of this chapter shall not apply to any election conducted pursuant
    36  to the provisions of this section.
    37    d.  Immediately  following the name of each candidate for delegate and
    38  alternate delegate on the  ballot  shall  appear,  in  parenthesis,  the
    39  letter  (M)  if such candidate is male and the letter (F) if such candi-
    40  date is female.
    41    9. All primary elections conducted pursuant to the provisions of  this
    42  section shall be on voting machines.
    43    10.  Persons entitled to vote pursuant to section 11-200 of this chap-
    44  ter shall be entitled to sign designating petitions for,  and  vote  in,
    45  any election held pursuant to the provisions of this section.

    46    11.  If  the rules of a state committee provide for a primary election
    47  in which the office of president of the United States and the  positions
    48  of  delegate  and  alternate delegate to a national convention appear on
    49  the ballot pursuant to the provisions of this section, the  state  board
    50  of elections and the county boards of elections as the case may be shall
    51  canvass  the  results of such primary election for such office and posi-
    52  tions pursuant to the provisions of sections 9-200  and  9-202  of  this
    53  chapter,  and  shall  certify to the secretary of the state committee of
    54  such party the vote cast for each candidate for such  office  and  posi-
    55  tions  in  such primary election and the vote cast for the "uncommitted"

    56  preference, tallied separately by congressional districts,  except  that

        A. 8363                             6
 
     1  no candidate or "uncommitted" preference shall be certified as nominated
     2  or elected to any such office or position.
     3    12.  Except  as  provided  in  this  section and party rules and regu-
     4  lations,  all provisions of the election law, except any  provisions  of
     5  section  2-122  of this article which are inconsistent with this section
     6  and those sections and subdivisions of article six of this  chapter  not
     7  specified  in  this section, shall apply to elections conducted pursuant
     8  to this section.
     9    § 4. The election law is amended by adding a new  section  2-122-b  to
    10  read as follows:

    11    §  2-122-b.  Presidential  primary. 1. Applicability. The selection of
    12  delegates and alternate delegates from New York state  to  the  national
    13  convention  of  the  Republican  party in each year in which electors of
    14  president and vice-president of the United  States  are  to  be  elected
    15  shall be conducted pursuant to the provisions of this section. The state
    16  committee  of  any other political party may, by rule or resolution, opt
    17  to conduct the selection of delegates and  alternate  delegates  in  any
    18  such year in accordance with the provisions of this section. A certified
    19  copy  of  such rule or resolution shall be filed with the state board of
    20  elections no later than twenty weeks prior to the date of such election.

    21    2. General provisions. The selection of delegates and alternate deleg-
    22  ates to a national convention or conference of a political party  pursu-
    23  ant to this section shall be determined by the votes cast at a statewide
    24  primary  election  for  candidates  for  the  office of president of the
    25  United States in which the names of candidates for such office appear on
    26  the ballot and the names of delegates and  alternate  delegates  do  not
    27  appear  on  such  ballot.    The total number of delegates and alternate
    28  delegates shall be determined by the call for the  national  convention.
    29  Three  delegates  and  three  alternate  delegates shall be elected from
    30  every congressional district in the  state,  unless  the  rules  of  the

    31  national Republication party and/or the call for the national convention
    32  provide differently.  The total number of delegates and alternate deleg-
    33  ates  as  established  by the call for the national convention minus the
    34  number of delegates and alternate  delegates  to  be  elected  from  the
    35  congressional  districts  shall  be  designated  at-large  delegates and
    36  at-large alternate delegates.
    37    A political party shall certify to the state board  of  elections,  at
    38  least  twelve  weeks  prior to the date of the presidential primary, the
    39  number of delegates to which such party  is  entitled  pursuant  to  its
    40  rules.
    41    Congressional  district  delegates  and  alternate  delegates shall be

    42  elected at separate and distinct  primary  elections  held  within  each
    43  congressional  district  of  the state. Congressional district delegates
    44  shall be allocated to presidential candidates  pursuant  to  subdivision
    45  four  of  this section. At-Large delegates and alternate delegates shall
    46  be elected by the state committee and allocated to  presidential  candi-
    47  dates pursuant to subdivision five of this section.
    48    3.  Ballot  access  methods. Candidates shall be eligible to appear on
    49  the ballot in a primary election of a political party for the office  of
    50  president  of  the  United  States  pursuant  to  any  of  the following
    51  provisions:
    52    a. Any candidate who has been certified as eligible to receive  presi-

    53  dential  primary matching fund payments pursuant to the provisions of 11
    54  Code of Federal Regulations Part 9033, or any candidate  who  meets  the
    55  eligibility criteria regarding matchable contributions established in 11
    56  Code of Federal Regulations Part 9033.2(b)(3) regardless of whether such

        A. 8363                             7
 
     1  candidate actually applied for such matching fund payments, may request,
     2  by  certificate  filed  and  received by the state board of elections no
     3  sooner than twelve weeks and not later than nine weeks prior to the date
     4  of  the  presidential primary, that the name of such candidate appear on
     5  the ballot at the primary of such party in the state  of  New  York  for
     6  that year.

     7    b. Any candidate may request, by certificate filed and received by the
     8  state  board of elections no sooner than twelve weeks and not later than
     9  nine weeks prior to the date of the presidential primary, that the  name
    10  of  such  candidate appear on the ballot at the primary of such party in
    11  the state of New York for the office of president of the United  States.
    12  Such  candidate  shall be eligible to appear on the ballot of such party
    13  in the state of New York at the primary election for that  year  if  the
    14  state  board  of  elections  determines  that the person is a nationally
    15  known and recognized candidate and the candidacy of such person for  the
    16  party  nomination  for president is generally and seriously advocated or

    17  recognized according to reports in the national  or  state  news  media.
    18  Notwithstanding  any  inconsistent  provision  of law to the contrary, a
    19  request by a candidate to appear on the presidential primary ballot of a
    20  major political party shall be determined solely upon a joint  recommen-
    21  dation  by  the  commissioners  of the state board of elections who have
    22  been appointed on the recommendation of  such  political  party  or  the
    23  legislative  leaders  of such political party, and no other commissioner
    24  of the state board of elections shall participate in such determination.
    25  The state board of elections shall act upon any such request within  two
    26  weeks of its receipt by the state board.

    27    c. Any candidate shall be eligible to appear on the ballot pursuant to
    28  the  provisions  of  article  six of this chapter. Designating petitions
    29  shall be signed by not less than five thousand or five percent, whichev-
    30  er is less, of the then enrolled voters of the party in the state.
    31    d. Any candidate meeting the requirements of paragraph a, b  or  c  of
    32  this  subdivision,  shall  file a certificate with and have such certif-
    33  icate received by the state board of elections  no  sooner  than  twelve
    34  weeks  and  no  later  than  nine weeks prior to the date of the primary
    35  election on which their name will appear, providing a complete  election
    36  prioritized  list  of  proposed  congressional  district  delegates  and

    37  congressional district alternate delegates supporting and  committed  to
    38  their  presidential  candidacy  for each such position from the congres-
    39  sional districts to be  elected  at  the  primary  election.  Each  such
    40  proposed  congressional  district  delegate  and  congressional district
    41  alternate delegate must be an enrolled member of  the  Republican  party
    42  and  reside  in the congressional district which they seek to represent.
    43  The state board of elections shall review each  such  slate  and  if  it
    44  determines  that  such  slate  is  not  complete  or is not otherwise in
    45  compliance with the provisions of this paragraph, it  shall  notify  the
    46  presidential  candidate of any defects forthwith and provide such presi-

    47  dential candidate with five business days to cure any defects.  A presi-
    48  dential candidate eligible to appear on the primary ballot  pursuant  to
    49  the  provisions  of paragraph a, b or c of this subdivision shall appear
    50  on such primary ballot only upon the filing of a certificate in  compli-
    51  ance with the provisions of this paragraph.
    52    e. Presidential candidates determined eligible to appear on the prima-
    53  ry ballot may, by filing a certificate with the state board of elections
    54  received  no later than seven days before such primary election, invali-
    55  date their candidacy thereby rendering any votes cast  for  such  candi-
    56  dates null and void and such votes shall not be counted toward statewide


        A. 8363                             8
 
     1  or  congressional district vote totals for purposes of allocating deleg-
     2  ates and alternate delegates pursuant to subdivisions four and  five  of
     3  this section.
     4    4.  Election  of  delegates and alternate delegates from congressional
     5  districts. a. Each congressional district shall conduct a  separate  and
     6  distinct  primary  election.  Enrolled Republican voters from a congres-
     7  sional district shall vote for a presidential candidate who  has  quali-
     8  fied  for  the  primary  ballot  pursuant  to  subdivision three of this
     9  section.
    10    b. All three delegates  and  all  three  alternate  delegates  from  a
    11  congressional  district shall be awarded to a presidential candidate who

    12  receives a majority of the total votes cast for presidential  candidates
    13  in  such congressional district. If no presidential candidate receives a
    14  majority of the votes in  a  congressional  district,  the  presidential
    15  candidate  receiving  the most votes in the congressional district shall
    16  be awarded two delegates and two alternate delegates and  the  presiden-
    17  tial  candidate  who receives the second most votes in the congressional
    18  district shall be awarded  one  delegate  and  one  alternate  delegate,
    19  provided  however,  that  a presidential candidate must receive at least
    20  twenty percent of the total votes cast for  presidential  candidates  in
    21  the  congressional  district  in  order  to be awarded any delegates and

    22  alternate delegates from that congressional district. If only one presi-
    23  dential candidate receives twenty percent or more  of  the  total  votes
    24  cast for presidential candidates in a congressional district, such pres-
    25  idential  candidate  shall  be awarded all three delegates and all three
    26  alternate delegates.   If  no  presidential  candidate  receives  twenty
    27  percent or more of the total votes cast for presidential candidates in a
    28  congressional  district, the three delegate and three alternate delegate
    29  positions from such district shall be deemed vacant and filled  pursuant
    30  to the rules of the national Republican party.
    31    c.  (i)  If the rules of the national Republican party or the call for

    32  the national convention permit and if state congressional  redistricting
    33  is not enacted prior to twelve weeks before the date of the presidential
    34  primary  and the state has a net loss of congressional districts follow-
    35  ing reapportionment, two delegates and two alternate delegates shall  be
    36  elected from each of the pre-apportionment congressional districts.  The
    37  two  delegates  and  the  two  alternate  delegates from a congressional
    38  district shall be awarded to the presidential  candidate  receiving  the
    39  most votes in the congressional district provided, however, that a pres-
    40  idential  candidate  must  receive  at least twenty percent of the total
    41  votes cast for presidential candidates in the congressional district  in

    42  order  to  be  awarded  any  delegates and alternate delegates from that
    43  congressional district. If no  presidential  candidate  receives  twenty
    44  percent or more of the total votes cast for presidential candidates in a
    45  congressional  district,  the  two  delegate  and two alternate delegate
    46  positions from such district shall be deemed vacant and filled  pursuant
    47  to the rules of the national Republican party.
    48    (ii)  If  the provisions of subparagraph (i) of this paragraph are not
    49  permitted by the rules of the national Republican party or the call  for
    50  the  national  convention,  the  New York Republican state committee may
    51  adopt a party rule regarding  the  election  of  congressional  district

    52  delegates  and congressional district alternate delegates to take effect
    53  in the event that state congressional redistricting based upon  the  two
    54  thousand  ten  congressional  reapportionment  is  not  enacted prior to
    55  twelve weeks before the date of the  two  thousand  twelve  presidential
    56  primary.

        A. 8363                             9
 
     1    5.  Election  of  at large delegates and at large alternate delegates.
     2  At-large delegates and at-large alternate delegates shall be elected  by
     3  the  New  York  Republican  state  committee and awarded to presidential
     4  candidates based upon the statewide vote  results  of  the  presidential
     5  primary  election.  All at-large delegates and at-large alternate deleg-

     6  ates shall be awarded to a presidential candidate who receives a majori-
     7  ty of the statewide total votes cast for presidential candidates.  If no
     8  presidential candidate receives a majority of the statewide total  votes
     9  cast for presidential candidates, at-large delegates and at-large alter-
    10  nate  delegates  shall be allocated and awarded as follows: based on the
    11  ratio of the total statewide vote received by each  presidential  candi-
    12  date in relation to the total statewide vote for all presidential candi-
    13  dates  receiving  at  least  twenty percent of the statewide vote in the
    14  presidential primary election, the New York Republican  state  committee
    15  shall  apportion  pro-rata the number of at-large delegates and at-large

    16  alternate delegates that each  presidential  candidate  is  entitled  to
    17  receive  rounded  to  the nearest whole number: provided however, that a
    18  presidential candidate must receive at least twenty percent of the total
    19  statewide vote of the presidential  primary  election  in  order  to  be
    20  awarded  any at-large delegates by the New York Republican state commit-
    21  tee. In the event the pro-rata apportionment of delegates leaves one  or
    22  more  delegates  unawarded by process of mathematical distribution, then
    23  any such delegate or delegates, shall be  awarded  to  the  presidential
    24  candidate with the most statewide votes for all presidential candidates.
    25  In  the event pro-rata apportionment entitles presidential candidates by

    26  process of mathematical distribution to more delegates than are  author-
    27  ized pursuant to the rules of the national Republican party and the call
    28  for  the  national  convention, then the number of delegates awarded for
    29  the candidate receiving the least statewide votes among those  presiden-
    30  tial  candidates  otherwise  entitled  to be awarded delegates, shall be
    31  decreased to the extent necessary to conform to the number of authorized
    32  delegate positions.
    33    6. All provisions of this chapter which are not inconsistent with this
    34  section shall be applicable to a primary election conducted pursuant  to
    35  this section.
    36    §  5.  Section  6-158  of  the election law is amended by adding a new
    37  subdivision 1-a to read as follows:

    38    1-a. A designating petition filed for a presidential primary  election
    39  shall be filed not earlier than the twelfth Monday before, and not later
    40  than the eleventh Thursday preceding the presidential primary election.
    41    §  6.  Section 4-110 of the election law, as amended by chapter 434 of
    42  the laws of 1984, is amended to read as follows:
    43    § 4-110. Certification of primary election candidates; state board  of
    44  elections.   The state board of elections not later than thirty-six days
    45  before a primary election  or  fifty-four  days  before  a  presidential
    46  primary  election,  shall certify to each county board of elections: The
    47  name and residence of each candidate to be voted for  within  the  poli-
    48  tical  subdivision  of  such board for whom a designation has been filed

    49  with the state board; the title of the office or position for which  the
    50  candidate is designated; the name of the party upon whose primary ballot
    51  his name is to be placed; and the order in which the names of the candi-
    52  dates  are  to  be  printed  as determined by the state board.  Where an
    53  office or position is uncontested, such certification shall  state  such
    54  fact.
    55    § 7. Section 4-114 of the election law, as amended by chapter 4 of the
    56  laws of 2011, is amended to read as follows:

        A. 8363                            10
 
     1    §  4-114.  Determination  of candidates and questions; county board of
     2  elections. The county board of elections, not  later  than  the  thirty-
     3  fifth  day  before  the  day  of  a  primary or general election, or the
     4  fifty-third day  before  a  special  election  or  presidential  primary

     5  election,  shall  determine  the  candidates  duly  nominated for public
     6  office and the questions that shall appear  on  the  ballot  within  the
     7  jurisdiction of that board of elections.
     8    §  8. Paragraph (a) of subdivision 1 of section 10-108 of the election
     9  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
    10  follows:
    11    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    12  uted by the board of elections, in accordance with the preferred  method
    13  of  transmission  designated  by the voter pursuant to section 10-107 of
    14  this article, as soon as practicable but in any  event  not  later  than
    15  thirty-two  days  before a primary or general election; twenty-five days
    16  before a New York city  community  school  board  district  or  city  of
    17  Buffalo  school  district  election;  fourteen  days  before  a  village

    18  election conducted by the board of elections; and forty-five days before
    19  a special election or presidential primary election. A voter who submits
    20  a military ballot application shall be entitled  to  a  military  ballot
    21  thereafter  for  each subsequent election through and including the next
    22  two regularly scheduled general elections held in even  numbered  years,
    23  including any run-offs which may occur; provided, however, such applica-
    24  tion  shall  not  be valid for any election held within seven days after
    25  its receipt. Ballots shall also be  mailed  to  any  qualified  military
    26  voter  who  is  already registered and who requests such military ballot
    27  from such board of elections in a letter, which is signed by  the  voter
    28  and  received  by  the board of elections not later than the seventh day
    29  before the election for which the ballot is requested and  which  states

    30  the  address  where the voter is registered and the address to which the
    31  ballot is to be mailed. The board of elections shall enclose  with  such
    32  ballot  a  form  of  application  for  military ballot. In the case of a
    33  primary election, the board shall deliver only the ballot of  the  party
    34  with  which  the  military  voter  is enrolled according to the military
    35  voter's registration records. In the event a primary election is  uncon-
    36  tested  in  the  military  voter's  election district for all offices or
    37  positions except the party position of member of the ward, town, city or
    38  county committee, no ballot shall be delivered to  such  military  voter
    39  for such election; and the military voter shall be advised of the reason
    40  why he or she will not receive a ballot.
    41    §  9.  Subdivision 4 of section 11-204 of the election law, as amended

    42  by chapter 4 of the laws of 2011, is amended to read as follows:
    43    4. If the board of elections shall determine that the applicant making
    44  the application provided for in this section is qualified to receive and
    45  vote a special federal ballot, it shall, as soon as practicable after it
    46  shall have so determined, or not later than thirty-two days before  each
    47  general  or  primary  election  and  forty-five days before each special
    48  election or presidential primary election in  which  such  applicant  is
    49  qualified  to  vote, or three days after receipt of such an application,
    50  whichever is later, mail to him or her at the residence address  outside
    51  the  United  States  shown  in his or her application, a special federal
    52  ballot, an inner affirmation envelope and an outer envelope,  or  other-
    53  wise distribute same to the voter in accordance with the preferred meth-

    54  od of transmission designated by the voter pursuant to section 11-203 of
    55  this  title.  The  board  of  elections  shall  also  mail, or otherwise
    56  distribute in accordance  with  the  preferred  method  of  transmission

        A. 8363                            11
 
     1  designated  by  the  voter  pursuant  to section 11-203 of this title, a
     2  special federal ballot to every qualified special federal voter  who  is
     3  already  registered  and  who  requests such special federal ballot from
     4  such  board  of  elections in a letter, which is signed by the voter and
     5  received by the board of elections not later than the seventh day before
     6  the election for which the ballot is first requested  and  which  states
     7  the  address  where the voter is registered and the address to which the
     8  ballot is to be mailed.  The board of elections shall enclose with  such

     9  ballot a form of application for a special federal ballot.
    10    § 10. Separability.  If any sentence, clause, subparagraph, paragraph,
    11  subdivision, section or other part of this act, or the application ther-
    12  eof  to  any party, person or circumstances shall be held or adjudged by
    13  any court of competent jurisdiction to be invalid, such holding or judg-
    14  ment shall not affect, impair or invalidate the remainder or any portion
    15  of the remainder of this act, or the application of such section or part
    16  of a section held or adjudged to be invalid,  to  any  other  person  or
    17  circumstances,  but  shall be confined in its operation to the sentence,
    18  clause, subparagraph, paragraph, subdivision, section or other  part  of
    19  this  act  directly involved in the controversy in which such holding or
    20  judgment shall have been rendered, or to the party, person  and  circum-
    21  stances therein involved.

    22    §  11. This act shall take effect immediately; except that if this act
    23  shall become a law after July 1, 2011, it shall take effect  immediately
    24  and  shall  be deemed to have been in full force and effect on and after
    25  July 1, 2011; and shall expire December 31, 2012 when upon such date the
    26  provisions of this act shall be deemed repealed.
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