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AB1766 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1766
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Election Law
 
        AN ACT to amend the election law, in relation to party  nominations  for
          candidates  for  county office; to amend the election law, in relation
          to primary elections and amending certain deadlines to facilitate  the
          timely  transmission of ballots to military voters stationed overseas;
          to amend the public officers law, in relation to filling vacancies  in
          elective  offices;  to  amend the election law, in relation to date of
          primary elections; and to amend  the  election  law,  in  relation  to
          canvass and audit of returns
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The election law is amended by adding a new  section  6-109
     2  to read as follows:
     3    § 6-109. Party nominations; counties. 1. Party designation of a candi-
     4  date  for  nomination  for  any office to be filled by the voters of the
     5  entire county shall be made by the county committee, if the party  rules
     6  of such county so provide.
     7    2.  The county committee shall make such designation by majority vote.
     8  The person receiving the majority vote shall be the  party's  designated
     9  candidate  for  nomination.  Upon  the  vote  for such designation, each
    10  member of the county committee shall be entitled to  cast  a  number  of
    11  votes  which  shall  be in accordance with the ratio which the number of
    12  votes for the party candidate for governor on the line or column of  the
    13  party at the last preceding general state election in the unit of repre-
    14  sentation  such  member  represents bears to the total vote cast on such
    15  line or column at such election for such candidate for governor  in  the
    16  entire county. The apportionment of such votes as so prescribed shall be
    17  determined by the rules of the party.
    18    3.  Enrolled members of the party may make other designations by peti-
    19  tion for a member of the same party.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00209-01-9

        A. 1766                             2
 
     1    4. The meeting of the county committee for the purpose of  designating
     2  candidates  shall  be  held  not earlier than twenty-one days before the
     3  first day to sign designating petitions and not later than the first day
     4  to sign designating petitions for the primary election.
     5    5.  Within  four  days  after such meeting, the county committee shall
     6  file with the county board of elections:
     7    (a) the names of the persons who have received the designation of  the
     8  county committee and the offices for which designated; and
     9    (b)  the names of the persons selected by the committee to fill vacan-
    10  cies or a certified copy of the party rule empowering such committee  to
    11  fill vacancies.
    12    6. No person may be designated by a county committee for more than one
    13  office pursuant to the provisions of this section.
    14    7.  Party designation of a candidate for any office contained within a
    15  county shall be designated by the county committee members  representing
    16  the  political  subdivision  of  such office, if the party rules of such
    17  county so provide.
    18    8. A candidate for office from a district which crosses  county  lines
    19  shall  be  designated by the county committee members from such district
    20  if the rules of the county committees of each such county shall  all  so
    21  provide.
    22    § 2. Subdivision 1 of section 1-106 of the election law, as amended by
    23  chapter 700 of the laws of 1977, is amended to read as follows:
    24    1.  All papers required to be filed pursuant to the provisions of this
    25  chapter shall, unless otherwise provided, be filed between the hours  of
    26  nine  A.M.  and  five  P.M.  If  the last day for filing shall fall on a
    27  Saturday, Sunday or legal holiday, the next business  day  shall  become
    28  the  last  day  for filing. All papers sent by mail in an envelope post-
    29  marked prior to midnight of the last day of filing shall be deemed time-
    30  ly filed and accepted for filing when received, except that all  certif-
    31  icates  and  petitions  of  designation  or  nomination, certificates of
    32  acceptance or declination of such designations or  nominations,  certif-
    33  icates  of  authorization  for such designations or nominations, certif-
    34  icates of disqualification, certificates of substitution for such desig-
    35  nations or nominations and objections and specifications  of  objections
    36  to  such  certificates and petitions required to be filed with the state
    37  board of elections or a board of elections outside of the  city  of  New
    38  York  shall  be  deemed  timely filed and accepted for filing if sent by
    39  mail or overnight delivery service pursuant to subdivision three of this
    40  section, and received no later than two business days after the last day
    41  to file such  certificates,  petitions,  objections  or  specifications.
    42  Failure  of the post office or any other person or entity to deliver any
    43  such petition, certificate or  objection  to  such  board  of  elections
    44  outside  the  city of New York no later than two business days after the
    45  last day to file such certificates, petitions, objections or  specifica-
    46  tions  shall  be  a fatal defect. Excepted further that all certificates
    47  and petitions of designation or nomination, certificates  of  acceptance
    48  or  declination  of  such  designations and nominations, certificates of
    49  substitution for such designations or  nominations  and  objections  and
    50  specifications of objections to such certificates and petitions required
    51  to  be filed with the board of elections of the city of New York must be
    52  actually received by such city board of elections on or before the  last
    53  day  to file any such petition, certificate or objection and such office
    54  shall be open for  the  receipt  of  such  petitions,  certificates  and
    55  objections  until  midnight  on  the last day to file any such petition,
    56  certificate or objection. Failure of the post office or any other person

        A. 1766                             3
 
     1  or entity to deliver any such petition, certificate or objection to such
     2  city board of elections on or before such last  day  shall  be  a  fatal
     3  defect.
     4    § 3. Subdivision 1 of section 4-104 of the election law, as amended by
     5  chapter 180 of the laws of 2005, is amended to read as follows:
     6    1.  Every  board  of  elections shall, in consultation with each city,
     7  town and village, designate the polling places in each election district
     8  in which the meetings for  the  registration  of  voters,  and  for  any
     9  election  may  be  held.  The board of trustees of each village in which
    10  general  and  special  village  elections  conducted  by  the  board  of
    11  elections  are  held at a time other than the time of a general election
    12  shall submit such a list of polling places for such village elections to
    13  the board of elections. A polling place may be  located  in  a  building
    14  owned  by  a religious organization or used by it as a place of worship.
    15  If such a building is designated as a polling place,  it  shall  not  be
    16  required  to  be  open for voter registration on any Saturday if this is
    17  contrary to the religious beliefs of the religious organization. In such
    18  a situation,  the  board  of  elections  shall  designate  an  alternate
    19  location  to be used for voter registration. Such polling places must be
    20  designated by [May first] March fifteenth, of each year,  and  shall  be
    21  effective  for one year thereafter. Such a list required to be submitted
    22  by a village board of trustees must be submitted at  least  four  months
    23  before  each  general village election and shall be effective until four
    24  months before the subsequent general village election. No place in which
    25  a business licensed to sell alcoholic beverages for on premises consump-
    26  tion is conducted on any day of local registration or of voting shall be
    27  so designated. If, within the discretion of the  board  of  elections  a
    28  particular  polling  place  so  designated  is  subsequently found to be
    29  unsuitable or unsafe or should circumstances arise that  make  a  desig-
    30  nated polling place unsuitable or unsafe, then the board of elections is
    31  empowered  to  select  an  alternative meeting place. In the city of New
    32  York, the board of elections shall designate  such  polling  places  and
    33  alternate  registration  places  if the polling place cannot be used for
    34  voter registration on Saturdays.
    35    § 4. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    36  vision 2 as amended by chapter 635 of the laws of 1990, are  amended  to
    37  read as follows:
    38    1.  The  state board of elections shall, [at least eight months before
    39  each] by February first in the year of each general election,  make  and
    40  transmit to the board of elections of each county, a certificate stating
    41  each  office,  except county, city, village and town offices to be voted
    42  for at such election in such county.
    43    2. Each county, city, village and town clerk, [at least  eight  months
    44  before  each]  by  February  first in the year of each general election,
    45  shall make and transmit to the board of elections a certificate  stating
    46  each  county, city, village or town office, respectively to be voted for
    47  at each such election. Each village clerk, at least five  months  before
    48  each general village election conducted by the board of elections, shall
    49  make,  and  transmit  to  such board, a certificate stating each village
    50  office to be filled at such election.
    51    § 5. Paragraph b of subdivision 1 of section  4-108  of  the  election
    52  law,  as  amended by chapter 117 of the laws of 1985, is amended to read
    53  as follows:
    54    b. Whenever any proposal, proposition or referendum as provided by law
    55  is to be submitted to a vote of the people  of  a  county,  city,  town,
    56  village  or  special  district, at an election conducted by the board of

        A. 1766                             4
 
     1  elections, the clerk of such political subdivision, at least [thirty-six
     2  days] three months prior to the general election at which such proposal,
     3  proposition or referendum is to be submitted,  shall  transmit  to  each
     4  board of elections a certified copy of the text of such proposal, propo-
     5  sition  or  referendum  and a statement of the form in which it is to be
     6  submitted. If a special election is to be held, such  transmittal  shall
     7  also give the date of such election.
     8    §  6.  Section 4-110 of the election law, as amended by chapter 434 of
     9  the laws of 1984, is amended to read as follows:
    10    § 4-110. Certification of primary election candidates; state board  of
    11  elections.  The  state  board  of elections, not later than [thirty-six]
    12  fifty-five days before a primary election, shall certify to each  county
    13  board of elections: The name and residence of each candidate to be voted
    14  for  within  the  political  subdivision of such board for whom a desig-
    15  nation has been filed with the state board; the title of the  office  or
    16  position  for  which  the candidate is designated; the name of the party
    17  upon whose primary ballot his or her name is to be placed; and the order
    18  in which the names of the candidates are to be printed as determined  by
    19  the  state  board.  Where  an  office  or  position is uncontested, such
    20  certification shall state such fact.
    21    § 7. Subdivision 1 of section 4-112 of the election law, as amended by
    22  chapter 4 of the laws of 2011, is amended to read as follows:
    23    1. The state board of elections, not later  than  [thirty-six]  fifty-
    24  five  days  before  a  general  election,  or  fifty-three days before a
    25  special election, shall certify to each county board  of  elections  the
    26  name  and residence of each candidate nominated in any valid certificate
    27  filed with it or by the returns canvassed by it, the title of the office
    28  for which nominated; the name of the party or body specified of which he
    29  or she is a candidate; the emblem chosen to distinguish  the  candidates
    30  of the party or body; and a notation as to whether or not any litigation
    31  is  pending  concerning  the  candidacy. Upon the completion of any such
    32  litigation, the state board of  elections  shall  forthwith  notify  the
    33  appropriate  county  boards  of  elections  of the results of such liti-
    34  gation.
    35    § 8. Section 4-114 of the election law, as amended by chapter 4 of the
    36  laws of 2011, is amended to read as follows:
    37    § 4-114. Determination of candidates and questions;  county  board  of
    38  elections.  The  county  board of elections, not later than the [thirty-
    39  fifth] fifty-fourth day before the day of a primary or general election,
    40  or the fifty-third day before a special election,  shall  determine  the
    41  candidates duly nominated for public office and the questions that shall
    42  appear on the ballot within the jurisdiction of that board of elections.
    43    § 9. Subdivision 1 of section 4-117 of the election law, as amended by
    44  chapter 3 of the laws of 2018, is amended to read as follows:
    45    1.  The  board of elections, [between August first and August fifth of
    46  each year] not less than sixty-five days  nor  more  than  seventy  days
    47  before the primary election in each year, shall send by mail on which is
    48  endorsed  such  language  designated  by the state board of elections to
    49  ensure postal authorities do not forward such mail but return it to  the
    50  board of elections with forwarding information, when it cannot be deliv-
    51  ered  as  addressed  and  which  contains  a  request that any such mail
    52  received for persons not residing at the address be dropped back in  the
    53  mail,  a  communication,  in  a  form  approved  by  the  state board of
    54  elections, to every registered voter who has been registered  without  a
    55  change  of  address  since  the  beginning of such year, except that the
    56  board of elections shall not be required to send such communications  to

        A. 1766                             5
 
     1  voters  in  inactive status. The communication shall notify the voter of
     2  the days and hours of the ensuing primary  and  general  elections,  the
     3  place  where  he or she appears by his or her registration records to be
     4  entitled to vote, the fact that voters who have moved or will have moved
     5  from  the  address  where they were last registered must re-register or,
     6  that if such move was to another address in the  same  county  or  city,
     7  that  such  voter may either notify the board of elections of his or her
     8  new address or vote by paper ballot at the polling place for his or  her
     9  new address even if such voter has not re-registered, or otherwise noti-
    10  fied  the  board  of  elections of the change of address. If the primary
    11  will not be held on the first Tuesday after the second Monday in Septem-
    12  ber, the communication shall contain a conspicuous notice in all capital
    13  letters and bold font notifying the voter of the primary date.   If  the
    14  location of the polling place for the voter's election district has been
    15  moved,  the  communication  shall  contain  the following legend in bold
    16  type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE  AT..........".
    17  The  communication  shall  also  indicate  whether  the polling place is
    18  accessible to physically disabled voters, that a voter who will  be  out
    19  of the city or county on the day of the primary or general election or a
    20  voter  who  is ill or physically disabled may obtain an absentee ballot,
    21  that a physically disabled voter whose polling place is  not  accessible
    22  may  request that his or her registration record be moved to an election
    23  district which has a polling place which is accessible, the phone number
    24  to call for applications to move a registration record or  for  absentee
    25  ballot applications, the phone number to call for the location of regis-
    26  tration  and  polling  places, the phone number to call to indicate that
    27  the voter is willing to serve on election day as an election  inspector,
    28  poll clerk, interpreter or in other capacities, the phone number to call
    29  to obtain an application for registration by mail, and such other infor-
    30  mation  concerning  the  elections  or  registration  as  the  board may
    31  include. In lieu of  sending  such  communication  to  every  registered
    32  voter,  the  board  of  elections  may  send a single communication to a
    33  household containing more than one registered voter, provided  that  the
    34  names  of all such voters appear as part of the address on such communi-
    35  cation.
    36    § 10. Subdivision 1 of section 5-604 of the election law,  as  amended
    37  by chapter 28 of the laws of 2010, is amended to read as follows:
    38    1.  The  board  of elections shall also cause to be published for each
    39  election district a complete list  of  the  registered  voters  of  each
    40  election  district.  Such  list  shall,  in  addition to the information
    41  required for registration lists, include the party  enrollment  of  each
    42  voter.  At  least  as  many copies of such list shall be prepared as the
    43  required minimum number of registration lists.
    44    Lists for all the election districts in a ward  or  assembly  district
    45  may  be  bound together in one volume. The board of elections shall also
    46  cause to be published a complete list of names and  residence  addresses
    47  of  the registered voters, including the party enrollment of each voter,
    48  for each town and city over which the board has jurisdiction. The  names
    49  for each town and city may be arranged according to street and number or
    50  alphabetically.  Such  lists  shall be published before the first day of
    51  [April] February.  The board shall keep at least five copies for  public
    52  inspection  at  each  main office or branch office of the board. Surplus
    53  copies of the lists shall be sold at a charge not exceeding the cost  of
    54  publication.

        A. 1766                             6
 
     1    §  11.  Paragraph  a of subdivision 5 of section 5-708 of the election
     2  law, as added by chapter 659 of the laws of 1994, is amended to read  as
     3  follows:
     4    a.  At  least  once each year during the month of [May] February, each
     5  board of elections shall obtain through the National Change  of  Address
     6  System,  the  forwarding  address  for  every voter registered with such
     7  board of elections for whom the United States Postal Service has such  a
     8  forwarding  address  together  with the name of each such voter whom the
     9  Postal Service records indicate has moved from the address at  which  he
    10  is registered without leaving a forwarding address.
    11    §  12.  Subdivision 1 of section 6-108 of the election law, as amended
    12  by chapter 160 of the laws of 1996, is amended to read as follows:
    13    1. In any town in a county having a population of over  seven  hundred
    14  fifty  thousand inhabitants, as shown by the latest federal decennial or
    15  special population census, party  nominations  of  candidates  for  town
    16  offices  shall  be  made  at  the primary preceding the election. In any
    17  other town, nominations of candidates for town offices shall be made  by
    18  caucus  or  primary  election as the rules of the county committee shall
    19  provide, except that the members of the county committee from a town may
    20  adopt by a two-thirds vote, a rule providing that the  party  candidates
    21  for  town  offices shall be nominated at the primary election. If a rule
    22  adopted by the county committee of a political party or by  the  members
    23  of  the county committee from a town, provides that party candidates for
    24  town offices, shall be nominated at a primary election, such rule  shall
    25  not  apply  to  nor  affect a primary held less than four months after a
    26  certified copy of the rule shall have  been  filed  with  the  board  of
    27  elections.  After  the filing of such a rule, the rule shall continue in
    28  force until a certified copy of a rule revoking the same shall have been
    29  filed with such board at least four months before a subsequent  primary.
    30  Such  a  caucus  shall  be  held  no earlier than the first day on which
    31  designating petitions for the [fall] primary election may be signed.
    32    § 13. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
    33  amended  by  chapter  434  of  the  laws of 1984, are amended to read as
    34  follows:
    35    1. The name of a person designated on more  than  one  petition  as  a
    36  candidate for a party position to be filled by two or more persons shall
    37  be  printed on the ballot with the group of candidates designated by the
    38  petition first filed unless such person, in a certificate duly  acknowl-
    39  edged by him or her and filed with the board of elections not later than
    40  the  [eighth]  tenth Tuesday preceding the primary election or five days
    41  after the board of elections mails such person  notice  of  his  or  her
    42  designation in more than one group, whichever is later, specifies anoth-
    43  er group in which his or her name shall be printed.
    44    2.  A  person  designated as a candidate for the position of member of
    45  the county committee in more than one election district shall be  deemed
    46  to  have been designated in the lowest numbered election district unless
    47  such person, in a certificate duly acknowledged by him or her, and filed
    48  with the board of elections not later than the  [eighth]  tenth  Tuesday
    49  preceding the primary election or five days after the board of elections
    50  mails  such  person  notice  of  his or her designation in more than one
    51  election district whichever is later, specifies that he or she wishes to
    52  be deemed designated in a different election district.
    53    § 14. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
    54  the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
    55  of  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws

        A. 1766                             7
 
     1  of 1992, and subdivision 9 as amended by chapter  517  of  the  laws  of
     2  1986, are amended to read as follows:
     3    1.  A designating petition shall be filed not earlier than the [tenth]
     4  thirteenth Monday before, and not later than the [ninth] twelfth  Thurs-
     5  day preceding the primary election.
     6    4. A petition of enrolled members of a party requesting an opportunity
     7  to write in the name of an undesignated candidate for a public office or
     8  party  position  at a primary election shall be filed not later than the
     9  [eighth] eleventh Thursday  preceding  the  primary  election.  However,
    10  where a designating petition has been filed and the person named therein
    11  has  declined such designation and another person has been designated to
    12  fill the vacancy, then in that event, a petition for an  opportunity  to
    13  ballot in a primary election shall be filed not later than the [seventh]
    14  tenth Thursday preceding such primary election.
    15    5.  A  judicial district convention shall be held not earlier than the
    16  [Tuesday] Thursday following  the  [third  Monday  in  September]  first
    17  Monday  in August preceding the general election and not later than [the
    18  fourth Monday in September preceding such election] six days thereafter.
    19    6. (a) A certificate of a party nomination  made  other  than  at  the
    20  primary  election  for  an  office to be filled at the time of a general
    21  election shall be filed not later than [seven]  thirty  days  after  the
    22  [fall]  primary  election,   (b) except that a certificate of nomination
    23  for an office which becomes vacant after the seventh day preceding  such
    24  primary  election  shall  be filed not later than [fourteen] thirty days
    25  after the primary election or ten days after the creation of such vacan-
    26  cy, whichever is later, and (c) except, further, that a  certificate  of
    27  party  nomination of candidates for elector of president and vice-presi-
    28  dent of the United States shall  be  filed  not  later  than  [fourteen]
    29  seventy-six days after the [fall] primary election, and (d) except still
    30  further  that  a  certificate  of  party  nomination  made at a judicial
    31  district convention shall be filed not later than the day after the last
    32  day to hold such convention and the minutes  of  such  convention,  duly
    33  certified  by the chairman and secretary, shall be filed within seventy-
    34  two hours after adjournment of the convention. A  certificate  of  party
    35  nomination  for  an  office  to be filled at a special election shall be
    36  filed not later than ten days following the issuance of  a  proclamation
    37  of such election.
    38    9. A petition for an independent nomination for an office to be filled
    39  at  the  time  of  a  general  election  shall be filed not earlier than
    40  [twelve] twenty-four weeks and  not  later  than  [eleven]  twenty-three
    41  weeks  preceding such election. A petition for an independent nomination
    42  for an office to be filled at a special  election  shall  be  filed  not
    43  later  than twelve days following the issuance of a proclamation of such
    44  election. [A petition for trustee of the  Long  Island  Power  Authority
    45  shall be filed not earlier than seven weeks and not later than six weeks
    46  preceding the day of the election of such trustees.]
    47    11. A certificate of acceptance or declination of an independent nomi-
    48  nation  for  an  office  to  be filled at the time of a general election
    49  shall be filed not later than the third day after the  [eleventh]  twen-
    50  ty-third  Tuesday  preceding  such  election except that a candidate who
    51  files such a certificate of acceptance for an  office  for  which  there
    52  have  been  filed  certificates  or  petitions designating more than one
    53  candidate for the nomination of any party, may thereafter file a certif-
    54  icate of declination not later than the  third  day  after  the  primary
    55  election.   A certificate of acceptance or declination of an independent
    56  nomination for an office to be filled at a  special  election  shall  be

        A. 1766                             8
 
     1  filed not later than fourteen days following the issuance of a proclama-
     2  tion of such election.
     3    12.  A  certificate  to  fill  a vacancy caused by a declination of an
     4  independent nomination for an office to be  filled  at  the  time  of  a
     5  general  election  shall be filed not later than the sixth day after the
     6  [eleventh] twenty-third Tuesday preceding such election.  A  certificate
     7  to  fill  a vacancy caused by a declination of an independent nomination
     8  for an office to be filled at a special  election  shall  be  filed  not
     9  later than sixteen days following the issuance of a proclamation of such
    10  election.
    11    14.  A  vacancy occurring three months before [September twentieth of]
    12  the general election in any year in any office authorized to  be  filled
    13  at  a  general  election, except in the offices of governor, lieutenant-
    14  governor, or United States  senator  shall  be  filled  at  the  general
    15  election  held next thereafter, unless otherwise provided by the consti-
    16  tution, or unless previously filled at a special election.
    17    § 15. Paragraph (a) of subdivision 1 of section 8-100 of the  election
    18  law, as amended by chapter 17 of the laws of 2007, is amended to read as
    19  follows:
    20    (a)  A  primary  election[, to be known as the fall primary,] shall be
    21  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
    22  ber] June before every general election unless otherwise changed  by  an
    23  act  of  the legislature. Members of the state and county committees and
    24  assembly district leaders and associate district leaders and  all  other
    25  party  positions  to be elected shall be elected at such primary and all
    26  nominations for public office required to be made at a primary  election
    27  in  such year shall be made at such primary. In each year in which elec-
    28  tors of president and vice president of the  United  States  are  to  be
    29  elected an additional primary election, to be known as the spring prima-
    30  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    31  changed by an act of the legislature, for the purpose of electing deleg-
    32  ates to the national convention[, members of state and county committees
    33  and assembly district leaders and associate assembly district leaders].
    34    § 16. Subdivision 1 of section 9-200 of the election law,  as  amended
    35  by chapter 250 of the laws of 1984, is amended to read as follows:
    36    1.  The  board  of  elections  shall  canvass  the  returns of primary
    37  elections filed with it. It shall canvass first the votes of the  deleg-
    38  ates  and  alternates to judicial district conventions and complete such
    39  canvass at the earliest time possible. It  shall  complete  the  canvass
    40  otherwise within [nine] thirteen days from the day upon which the prima-
    41  ry  election is held. Upon the completion of the canvass the board shall
    42  make and file in its office tabulated statements, signed by the  members
    43  of such board or a majority thereof, of the number of votes cast for all
    44  the  candidates  for nomination to each public office or for election to
    45  each party position, and the number of votes cast for each  such  candi-
    46  date. The candidate receiving the highest number of votes for nomination
    47  for a public office or for election to a party position voted for wholly
    48  within  the  political unit for which such board is acting, shall be the
    49  nominee of his or her party for such office or  elected  to  such  party
    50  position  and  the board, if requested by a candidate elected to a party
    51  position, shall furnish to him or her a certificate of election.
    52    § 17. Subdivision 1 of section 9-208 of the election law,  as  amended
    53  by chapter 163 of the laws of 2010, is amended to read as follows:
    54    1. Within fifteen days after each general[,] or special [or] election,
    55  and  within  twenty days after a primary election, and within seven days
    56  after every village election conducted by  the  board  of  elections  at

        A. 1766                             9
 
     1  which  ballot scanners are used, the board of elections, or a bipartisan
     2  committee of or appointed by said board  shall,  in  each  county  using
     3  ballot scanners, make a record of the serial number of each ballot scan-
     4  ner  used  in each election district in such general, special or primary
     5  election. No person who was  a  candidate  at  such  election  shall  be
     6  appointed  to  membership  on  the committee. Such board of elections or
     7  bipartisan committee shall recanvass the tabulated result tape from each
     8  ballot scanner used in each election district  by  comparing  such  tape
     9  with the numbers as recorded on the return of canvass. The said board or
    10  committee  shall also make a recanvass of any election day paper ballots
    11  that have not been scanned and were hand counted pursuant to subdivision
    12  two of section 9-110 of this article and compare the  results  with  the
    13  number  as  recorded  on  the  return of canvass. The board or committee
    14  shall then recanvass write-in votes,  if  any,  on  ballots  which  were
    15  otherwise scanned and canvassed at polling places on election night. The
    16  board  or  committee  shall  validate and prove such sums. Before making
    17  such canvass the board of  elections,  with  respect  to  each  election
    18  district  to  be recanvassed, shall give notice in writing to the voting
    19  machine custodian thereof, to the state and county chair of  each  party
    20  or  independent  body which shall have nominated candidates for the said
    21  general or special election or nominated or elected  candidates  at  the
    22  said  primary  election  and  to  each  individual  candidate whose name
    23  appears on the office ballot, of the time and place where  such  canvass
    24  is  to  be  made;  and  the state and county chair of each such party or
    25  independent body and each such individual candidate may send a represen-
    26  tative to be present  at  such  recanvass.  Each  candidate  whose  name
    27  appears on the official ballot, or his or her representative, shall have
    28  the  right  personally to examine and make a record of the vote recorded
    29  on the tabulated result tape and any ballots which were hand counted.
    30    § 18. Subdivision 1 of section 9-211 of the election law,  as  amended
    31  by chapter 515 of the laws of 2015, is amended to read as follows:
    32    1.  Within  fifteen days after each general or special election, [and]
    33  within [seven] thirteen days after  every  primary  [or]  election,  and
    34  within seven days after every village election conducted by the board of
    35  elections, the board of elections or a bipartisan committee appointed by
    36  such  board  shall  audit  the voter verifiable audit records from three
    37  percent of voting machines or systems within the  jurisdiction  of  such
    38  board. Such audits may be performed manually or via the use of any auto-
    39  mated tool authorized for such use by the state board of elections which
    40  is  independent from the voting system it is being used to audit. Voting
    41  machines or systems shall be selected for audit through a random, manual
    42  process. At least five days prior to the time fixed for  such  selection
    43  process, the board of elections shall send notice by first class mail to
    44  each  candidate,  political  party and independent body entitled to have
    45  had watchers present at the polls  in  any  election  district  in  such
    46  board's  jurisdiction.  Such notice shall state the time and place fixed
    47  for such random selection process. The audit shall be conducted  in  the
    48  same  manner,  to  the extent applicable, as a canvass of paper ballots.
    49  Each candidate, political party or independent body entitled to  appoint
    50  watchers  to attend at a polling place shall be entitled to appoint such
    51  number of watchers to observe the audit.
    52    § 19. Paragraph (a) of subdivision 1 of section 10-108 of the election
    53  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
    54  follows:
    55    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    56  uted by the board of elections, in accordance with the preferred  method

        A. 1766                            10
 
     1  of  transmission  designated  by the voter pursuant to section 10-107 of
     2  this article, as soon as practicable but in any  event  not  later  than
     3  [thirty-two] forty-six days before a primary or general election[; twen-
     4  ty-five days before], a New York city community school board district or
     5  city of Buffalo school district election; fourteen days before a village
     6  election conducted by the board of elections; and forty-five days before
     7  a  special  election.  A voter who submits a military ballot application
     8  shall be entitled to a military ballot thereafter  for  each  subsequent
     9  election  through and including the next two regularly scheduled general
    10  elections held in even numbered years, including any run-offs which  may
    11  occur;  provided,  however,  such application shall not be valid for any
    12  election held within seven days after its receipt.   Ballots shall  also
    13  be  mailed to any qualified military voter who is already registered and
    14  who requests such military ballot from such  board  of  elections  in  a
    15  letter,  which  is  signed  by  the  voter  and received by the board of
    16  elections not later than the seventh day before the election  for  which
    17  the  ballot is requested and which states the address where the voter is
    18  registered and the address to which the ballot  is  to  be  mailed.  The
    19  board  of elections shall enclose with such ballot a form of application
    20  for military ballot. In the case of a primary election, the board  shall
    21  deliver  only  the  ballot of the party with which the military voter is
    22  enrolled according to the military voter's registration records. In  the
    23  event a primary election is uncontested in the military voter's election
    24  district  for  all  offices  or  positions  except the party position of
    25  member of the ward, town, city or county committee, no ballot  shall  be
    26  delivered  to  such  military  voter for such election; and the military
    27  voter shall be advised of the reason why he or she will  not  receive  a
    28  ballot.
    29    §  20. Subdivision 4 of section 11-204 of the election law, as amended
    30  by chapter 4 of the laws of 2011, is amended to read as follows:
    31    4. If the board of elections shall determine that the applicant making
    32  the application provided for in this section is qualified to receive and
    33  vote a special federal ballot, it shall, as soon as practicable after it
    34  shall have so determined, or not later than [thirty-two] forty-six  days
    35  before  each  general  or  primary  election [and forty-five days before
    36  each] or special election in which such applicant is qualified to  vote,
    37  or  three days after receipt of such an application, whichever is later,
    38  mail to him or her at the residence address outside  the  United  States
    39  shown  in  his  or  her  application, a special federal ballot, an inner
    40  affirmation envelope and an outer envelope, or otherwise distribute same
    41  to the voter in accordance with the  preferred  method  of  transmission
    42  designated  by  the  voter pursuant to section 11-203 of this title. The
    43  board of elections shall also mail, or otherwise distribute  in  accord-
    44  ance  with  the preferred method of transmission designated by the voter
    45  pursuant to section 11-203 of this title, a special  federal  ballot  to
    46  every  qualified special federal voter who is already registered and who
    47  requests such special federal ballot from such board of elections  in  a
    48  letter,  which  is  signed  by  the  voter  and received by the board of
    49  elections not later than the seventh day before the election  for  which
    50  the  ballot  is  first  requested and which states the address where the
    51  voter is registered and the address to which the ballot is to be mailed.
    52  The board of elections shall enclose with such ballot a form of applica-
    53  tion for a special federal ballot.
    54    § 21. Subdivision 4 of section 16-102 of the election law, as added by
    55  chapter 135 of the laws of 1986, is amended to read as follows:

        A. 1766                            11
 
     1    4. A final order including  the  resolution  of  any  appeals  in  any
     2  proceeding  involving  the  names  of  candidates  on  ballots or voting
     3  machines shall be made, if possible, at least five weeks before the  day
     4  of the election at which such ballots or voting machines are to be used,
     5  or  if  such proceeding is commenced within five weeks of such election,
     6  no later than the day following the day on which the case is heard.
     7    § 22. Subdivisions 3 and 4 of section  16-104  of  the  election  law,
     8  subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
     9  sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
    10  read as follows:
    11    3.  A  proceeding  pursuant to subdivision two of this section must be
    12  instituted within [fourteen] seven days after the last  day  to  certify
    13  the wording of any such abstract or form of submission.
    14    4.  A  final  order  including  the  resolution  of any appeals in any
    15  proceeding involving the contents of official ballots on voting machines
    16  shall be made, if possible, at least five weeks before the  day  of  the
    17  election  at  which  such  voting  machines  are  to be used, or if such
    18  proceeding is commenced within five weeks of an election, no later  than
    19  the day following the day on which the case is heard.
    20    §  23.  Subdivisions 1 and 4 of section 42 of the public officers law,
    21  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    22  sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
    23  read as follows:
    24    1.  A  vacancy  occurring three months before [September twentieth of]
    25  the general election in any year in any office authorized to  be  filled
    26  at  a general election, except in the offices of governor or lieutenant-
    27  governor, shall be filled at the general election held next  thereafter,
    28  unless  otherwise  provided  by  the  constitution, or unless previously
    29  filled at a special election.
    30    4. A special election shall not be held  to  fill  a  vacancy  in  the
    31  office  of a representative in congress unless such vacancy occurs on or
    32  before the first day of July of the last year of the term of office,  or
    33  unless  it occurs thereafter and a special session of congress is called
    34  to meet before the next general election, or be called after  [September
    35  nineteenth  of]  three  months before the general election in such year;
    36  nor to fill a vacancy in the office of state senator or in the office of
    37  member of assembly, unless the vacancy occurs before the  first  day  of
    38  April  of  the  last  year  of the term of office, or unless the vacancy
    39  occurs in either such office of senator or member of assembly after such
    40  first day of April and a special session of the legislature be called to
    41  meet between such first day of April and the next general election or be
    42  called after three months before the next general election [or be called
    43  after September nineteenth] in such year. If a special election to  fill
    44  an  office  shall  not  be  held as required by law, the office shall be
    45  filled at the next general election.
    46    § 24. This act shall take effect immediately and shall  apply  to  all
    47  applicable  elections held on or after such date, provided that sections
    48  two through twenty-three of this act shall take effect January 1, 2020.
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