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.
STATE OF NEW YORK
________________________________________________________________________
5753
2011-2012 Regular Sessions
IN SENATE
June 14, 2011
___________
Introduced by Sen. O'MARA -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
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].
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12063-03-1
S. 5753 2
1 § 2. Notwithstanding any inconsistent provisions of the election law,
2 a rule or resolution of a state committee providing for the selection of
3 delegates and alternate delegates to a national party convention or
4 national party conference in the year 2012 shall select either section
5 three or section four of this act in order to conform to the rules of a
6 national committee. A certified copy of such rule or resolution shall
7 be filed with the state board of elections no later than the first day
8 of November, 2011.
9 § 3. The election law is amended by adding a new section 2-122-a to
10 read as follows:
11 § 2-122-a. National convention; national party conference. 1. The
12 rules of the state committee of a party may provide that the delegates
13 and alternate delegates to a national convention or national party
14 conference be elected by a combination of all of the following methods:
15 a. By votes cast at a primary election for candidates for the office
16 of president of the United States in which the names of candidates for
17 such office appear on the ballot;
18 b. By votes cast at a primary election for candidates for the posi-
19 tions of delegate and alternate delegate to a national convention in
20 districts no larger than congressional districts; and
21 c. By the state committee or a committee of the state committee at a
22 meeting or convention called for such purpose as the rules of the party
23 may provide.
24 2. If the rules of a state committee adopted pursuant to the
25 provisions of this section provide for a primary election in which the
26 office of president of the United States appears on the ballot, desig-
27 nation of candidates for such office shall be made pursuant to the
28 provisions of sections 6-100, 6-118, 6-122 (except that such candidates
29 need not be citizens of New York but only citizens of the United
30 States), 6-130, 6-132 (except that references to a committee to fill
31 vacancies shall be deemed references to a committee to receive notices),
32 6-134, 6-144, the provisions with respect to declinations in subdivi-
33 sions one and two of section 6-146 (except that references to a commit-
34 tee to fill vacancies shall be deemed references to a committee to
35 receive notices), 6-154, and subdivision one and the provision with
36 respect to declinations in subdivision two of section 6-158 (except that
37 such candidates may decline such designations not later than February
38 thirteenth, two thousand twelve) of this chapter. The state board of
39 elections shall forthwith notify the appropriate county boards of
40 elections of any such declination filed.
41 3. Designating petitions, where required for candidates for the office
42 of president of the United States to be voted on by voters of the entire
43 state in a primary election, must be signed by not less than five thou-
44 sand of the then enrolled voters of the party in the state.
45 4. If the rules of a state committee provide for a primary election in
46 which the office of the president of the United States appears on the
47 ballot, in addition to the spaces on the ballot with the names of the
48 candidates designated for such office there may be a space with the word
49 "uncommitted." The "uncommitted" space shall be listed on the ballot
50 provided that a designating petition for such "uncommitted" space which
51 meets the same requirements as a petition designating a candidate for
52 the office of president of the United States is filed in the same manner
53 as is required for such a petition.
54 5. a. The form of a petition requesting that an "uncommitted" space be
55 listed on the ballot at a primary election for the office of president
S. 5753 3
1 of the United States held pursuant to the provisions of this section
2 shall be substantially as follows:
3 I, the undersigned, do hereby state that I am a duly enrolled voter of
4 the .................... Party and entitled to vote at the next primary
5 election of such party to be held on the ...... day of
6 ............... 20..., that my place of residence is truly stated oppo-
7 site my signature hereto, and I do hereby request that an "uncommitted"
8 space be listed on the ballot at the primary election of such party for
9 the office of president of the United States.
10 b. The appointment of a committee to receive notices shall be in the
11 form prescribed for a petition for a opportunity to ballot. The signa-
12 tures on the petition with all the required information and the signed
13 statement of a witness or authentication by a person authorized to take
14 oaths shall be in the form prescribed for a designating petition for
15 such office.
16 6. a. If the rules of a state committee, adopted pursuant to the
17 provisions of this section, provide that the positions of delegate and
18 alternate delegate to a national convention appear on the ballot, desig-
19 nation of candidates for such positions shall be made pursuant to the
20 provisions of sections 6-100, 6-118, 6-122, 6-130, 6-132 (except that
21 references to a committee to fill vacancies shall be deemed references
22 to a committee to receive notices), 6-134, 6-144, the provisions with
23 respect to declinations in subdivisions one and two of section 6-146
24 (except that references to a committee to fill vacancies shall be
25 deemed references to a committee to receive notices), 6-147, 6-154, and
26 subdivision one and the provision with respect to declinations in subdi-
27 vision two and subdivision three of section 6-158 of this chapter.
28 b. Candidates for the positions of district delegate and alternate
29 district delegate to a national party convention pursuant to the
30 provisions of this section shall be enrolled members of such party and
31 residents of the district in which they are candidates. The congres-
32 sional districts used for the election of such delegates and alternate
33 delegates shall be those districts in effect for the two thousand ten
34 congressional elections unless new district lines developed pursuant to
35 the state's congressional redistricting based upon the two thousand ten
36 federal census have been enacted into law at least nineteen weeks before
37 the date of the presidential primary.
38 c. Designating petitions for candidates for such positions must be
39 signed by at least five hundred enrolled voters of the party residing in
40 the district in which such candidates are designated, or by at least
41 one-half of one percent (0.5%) of the then enrolled voters of such party
42 in such district, whichever is less.
43 d. The designating petition for any such candidate or candidates shall
44 have printed thereon prior to the affixing of any signatures thereto, a
45 legend naming the presidential candidate whom such candidates are
46 pledged to support, or a legend that such candidates are uncommitted.
47 Such legend shall be part of the title of such position.
48 e. No designating petition containing the names of more than one
49 candidate for either such position shall be valid unless all such candi-
50 dates for such positions have printed on such petition the legend that
51 they are pledged to the same presidential candidate or unless all such
52 candidates for such positions have printed on such petition the legend
53 that they are uncommitted.
54 f. No designating petition containing the names of more than one
55 candidate for either such position shall be presumptively valid unless
56 the candidates for delegate as a group and the candidates for alternate
S. 5753 4
1 as a group are equally divided between males and females, with a vari-
2 ance no greater than one.
3 g. In the event that a designating petition is filed for candidates
4 for such positions listed as pledged to support a presidential candidate
5 or as uncommitted, and the name of such presidential candidate, or the
6 word uncommitted, will not appear on the ballot at the presidential
7 primary election in two thousand twelve, then the petition designating
8 such candidates for such positions shall be null and void and the names
9 of such candidates for such positions shall not appear on the ballot.
10 h. Every board of elections with which designating petitions are filed
11 pursuant to the provisions of this section shall, not later than four
12 days after the last day to file such petitions, file with the state
13 board of elections by express mail or by electronic transmission, a
14 complete list of all candidates for delegate and alternate delegate
15 together with their residence addresses, the districts in which they are
16 candidates and the name of the presidential candidate whom they are
17 pledged to support or that they are uncommitted. Such boards of
18 elections shall, not later than the day after a certificate of declina-
19 tion or substitution is filed with respect to any such candidate, file
20 such information with respect to such candidate with the state board of
21 elections by electronic transmission.
22 7. a. The rules of a state committee adopted pursuant to the
23 provisions of this section may provide that no candidate for the posi-
24 tions of delegate and alternate delegate may appear on the ballot as
25 pledged to support a particular presidential candidate, or as uncommit-
26 ted, unless the name of such candidate for such position appears on a
27 certificate listing the names of those candidates for such positions who
28 have filed statements of candidacy for such positions with the secretary
29 of the state committee within the time prescribed by such rules and who,
30 if their statements of candidacy contained a pledge of support of a
31 presidential candidate, were not rejected by such presidential candi-
32 date. Such certificate shall also list the address and sex of each such
33 candidate for delegate and alternate delegate and the district in which
34 such candidate may appear on the ballot.
35 b. Such certificate shall be filed by the secretary of such state
36 committee, with the board of elections with which the designating
37 petitions for such candidates for such positions are required to be
38 filed, not later than February twenty-first, two thousand twelve.
39 c. In the event that a designating petition for candidates for such
40 positions, listed as pledged to support a presidential candidate,
41 contains the names of one or more persons who have not been permitted by
42 such presidential candidate to appear on the ballot as so pledged pursu-
43 ant to the provisions of this section, then the names of such candidates
44 shall not appear on the ballot but the names of other candidates on such
45 petition who have been permitted by the presidential candidate to appear
46 on the ballot shall be placed on the ballot provided that such candi-
47 dates are otherwise eligible and that such petition is otherwise valid.
48 d. The state board of elections shall send a copy of the certificate
49 required by section 4-110 of this chapter to the secretary of the state
50 committee of each party conducting a primary pursuant to the provisions
51 of this section. Every other board of elections with which designating
52 petitions for delegate and alternate delegate were filed pursuant to the
53 provisions of this section shall, not later than March second, two thou-
54 sand twelve, send a list of the names and addresses of those candidates
55 who will appear on the ballot to the secretary of each such state
56 committee.
S. 5753 5
1 8. a. If the rules of a state committee adopted pursuant to the
2 provisions of this section provide for an election in which candidates
3 for the office of president of the United States and the word "uncommit-
4 ted" and candidates for the positions of delegate and alternate delegate
5 to a national convention appear on the ballot, such ballot shall be
6 arranged in the manner prescribed by this section.
7 b. The name of each candidate for the office of president of the
8 United States who has qualified to appear on the ballot and the word
9 "uncommitted," if a valid designating petition to place such word on the
10 ballot was filed with the state board of elections, shall appear in a
11 separate row or column. The names of all the candidates for delegate to
12 a national convention who filed designating petitions containing a
13 legend naming the presidential candidate whom they are pledged to
14 support or stating that they are uncommitted shall be listed in such row
15 or column immediately under or adjacent to the name of such presidential
16 candidate or the word "uncommitted," followed by the names of all candi-
17 dates for alternate delegate to such convention who filed such
18 petitions. If the number of candidates, or groups of candidates for
19 delegate and alternate delegate who are pledged to support a particular
20 presidential candidate or who are uncommitted is greater than the number
21 who may be listed in one row or column and if there are more rows or
22 columns available on the ballot than are required for the candidates for
23 president who have qualified to appear on the ballot, then the board of
24 elections shall use two rows or columns on such ballot to list the names
25 of such candidates for delegate and alternate delegate.
26 c. The order of the names of candidates for the office of president
27 and the word "uncommitted" on the ballot and the order of the names of
28 candidates for the positions of delegate or alternate delegate within a
29 particular row or column shall be determined pursuant to the provisions
30 of subdivision three of section 7-116 of this chapter except that names
31 of candidates for such positions who are designated by individual
32 petitions and not in a group shall have their positions determined by
33 lot in the same drawing as groups and except further that candidates or
34 groups of candidates for delegates and alternate delegates designated by
35 the same petition shall be treated as one group for the purposes of such
36 determination by lot. The provisions of subdivision six of such section
37 7-116 of this chapter shall not apply to any election conducted pursuant
38 to the provisions of this section.
39 d. Immediately following the name of each candidate for delegate and
40 alternate delegate on the ballot shall appear, in parenthesis, the
41 letter (M) if such candidate is male and the letter (F) if such candi-
42 date is female.
43 9. All primary elections conducted pursuant to the provisions of this
44 section shall be on voting machines.
45 10. Persons entitled to vote pursuant to section 11-200 of this chap-
46 ter shall be entitled to sign designating petitions for, and vote in,
47 any election held pursuant to the provisions of this section.
48 11. If the rules of a state committee provide for a primary election
49 in which the office of president of the United States and the positions
50 of delegate and alternate delegate to a national convention appear on
51 the ballot pursuant to the provisions of this section, the state board
52 of elections and the county boards of elections as the case may be shall
53 canvass the results of such primary election for such office and posi-
54 tions pursuant to the provisions of sections 9-200 and 9-202 of this
55 chapter, and shall certify to the secretary of the state committee of
56 such party the vote cast for each candidate for such office and posi-
S. 5753 6
1 tions in such primary election and the vote cast for the "uncommitted"
2 preference, tallied separately by congressional districts, except that
3 no candidate or "uncommitted" preference shall be certified as nominated
4 or elected to any such office or position.
5 12. Except as provided in this section and party rules and regu-
6 lations, all provisions of the election law, except any provisions of
7 section 2-122 of this article which are inconsistent with this section
8 and those sections and subdivisions of article six of this chapter not
9 specified in this section, shall apply to elections conducted pursuant
10 to this section.
11 § 4. The election law is amended by adding a new section 2-122-b to
12 read as follows:
13 § 2-122-b. Presidential primary. 1. Applicability. The selection of
14 delegates and alternate delegates from New York state to the national
15 convention of the Republican party in each year in which electors of
16 president and vice-president of the United States are to be elected
17 shall be conducted pursuant to the provisions of this section. The state
18 committee of any other political party may, by rule or resolution, opt
19 to conduct the selection of delegates and alternate delegates in any
20 such year in accordance with the provisions of this section. A certified
21 copy of such rule or resolution shall be filed with the state board of
22 elections no later than twenty weeks prior to the date of such election.
23 2. General provisions. The selection of delegates and alternate deleg-
24 ates to a national convention or conference of a political party pursu-
25 ant to this section shall be determined by the votes cast at a statewide
26 primary election for candidates for the office of president of the
27 United States in which the names of candidates for such office appear on
28 the ballot and the names of delegates and alternate delegates do not
29 appear on such ballot. The total number of delegates and alternate
30 delegates shall be determined by the call for the national convention.
31 Three delegates and three alternate delegates shall be elected from
32 every congressional district in the state, unless the rules of the
33 national Republication party and/or the call for the national convention
34 provide differently. The total number of delegates and alternate deleg-
35 ates as established by the call for the national convention minus the
36 number of delegates and alternate delegates to be elected from the
37 congressional districts shall be designated at-large delegates and
38 at-large alternate delegates.
39 A political party shall certify to the state board of elections, at
40 least twelve weeks prior to the date of the presidential primary, the
41 number of delegates to which such party is entitled pursuant to its
42 rules.
43 Congressional district delegates and alternate delegates shall be
44 elected at separate and distinct primary elections held within each
45 congressional district of the state. Congressional district delegates
46 shall be allocated to presidential candidates pursuant to subdivision
47 four of this section. At-Large delegates and alternate delegates shall
48 be elected by the state committee and allocated to presidential candi-
49 dates pursuant to subdivision five of this section.
50 3. Ballot access methods. Candidates shall be eligible to appear on
51 the ballot in a primary election of a political party for the office of
52 president of the United States pursuant to any of the following
53 provisions:
54 a. Any candidate who has been certified as eligible to receive presi-
55 dential primary matching fund payments pursuant to the provisions of 11
56 Code of Federal Regulations Part 9033, or any candidate who meets the
S. 5753 7
1 eligibility criteria regarding matchable contributions established in 11
2 Code of Federal Regulations Part 9033.2(b)(3) regardless of whether such
3 candidate actually applied for such matching fund payments, may request,
4 by certificate filed and received by the state board of elections no
5 sooner than twelve weeks and not later than nine weeks prior to the date
6 of the presidential primary, that the name of such candidate appear on
7 the ballot at the primary of such party in the state of New York for
8 that year.
9 b. Any candidate may request, by certificate filed and received by the
10 state board of elections no sooner than twelve weeks and not later than
11 nine weeks prior to the date of the presidential primary, that the name
12 of such candidate appear on the ballot at the primary of such party in
13 the state of New York for the office of president of the United States.
14 Such candidate shall be eligible to appear on the ballot of such party
15 in the state of New York at the primary election for that year if the
16 state board of elections determines that the person is a nationally
17 known and recognized candidate and the candidacy of such person for the
18 party nomination for president is generally and seriously advocated or
19 recognized according to reports in the national or state news media.
20 Notwithstanding any inconsistent provision of law to the contrary, a
21 request by a candidate to appear on the presidential primary ballot of a
22 major political party shall be determined solely upon a joint recommen-
23 dation by the commissioners of the state board of elections who have
24 been appointed on the recommendation of such political party or the
25 legislative leaders of such political party, and no other commissioner
26 of the state board of elections shall participate in such determination.
27 The state board of elections shall act upon any such request within two
28 weeks of its receipt by the state board.
29 c. Any candidate shall be eligible to appear on the ballot pursuant to
30 the provisions of article six of this chapter. Designating petitions
31 shall be signed by not less than five thousand or five percent, whichev-
32 er is less, of the then enrolled voters of the party in the state.
33 d. Any candidate meeting the requirements of paragraph a, b or c of
34 this subdivision, shall file a certificate with and have such certif-
35 icate received by the state board of elections no sooner than twelve
36 weeks and no later than nine weeks prior to the date of the primary
37 election on which their name will appear, providing a complete election
38 prioritized list of proposed congressional district delegates and
39 congressional district alternate delegates supporting and committed to
40 their presidential candidacy for each such position from the congres-
41 sional districts to be elected at the primary election. Each such
42 proposed congressional district delegate and congressional district
43 alternate delegate must be an enrolled member of the Republican party
44 and reside in the congressional district which they seek to represent.
45 The state board of elections shall review each such slate and if it
46 determines that such slate is not complete or is not otherwise in
47 compliance with the provisions of this paragraph, it shall notify the
48 presidential candidate of any defects forthwith and provide such presi-
49 dential candidate with five business days to cure any defects. A presi-
50 dential candidate eligible to appear on the primary ballot pursuant to
51 the provisions of paragraph a, b or c of this subdivision shall appear
52 on such primary ballot only upon the filing of a certificate in compli-
53 ance with the provisions of this paragraph.
54 e. Presidential candidates determined eligible to appear on the prima-
55 ry ballot may, by filing a certificate with the state board of elections
56 received no later than seven days before such primary election, invali-
S. 5753 8
1 date their candidacy thereby rendering any votes cast for such candi-
2 dates null and void and such votes shall not be counted toward statewide
3 or congressional district vote totals for purposes of allocating deleg-
4 ates and alternate delegates pursuant to subdivisions four and five of
5 this section.
6 4. Election of delegates and alternate delegates from congressional
7 districts. a. Each congressional district shall conduct a separate and
8 distinct primary election. Enrolled Republican voters from a congres-
9 sional district shall vote for a presidential candidate who has quali-
10 fied for the primary ballot pursuant to subdivision three of this
11 section.
12 b. All three delegates and all three alternate delegates from a
13 congressional district shall be awarded to a presidential candidate who
14 receives a majority of the total votes cast for presidential candidates
15 in such congressional district. If no presidential candidate receives a
16 majority of the votes in a congressional district, the presidential
17 candidate receiving the most votes in the congressional district shall
18 be awarded two delegates and two alternate delegates and the presiden-
19 tial candidate who receives the second most votes in the congressional
20 district shall be awarded one delegate and one alternate delegate,
21 provided however, that a presidential candidate must receive at least
22 twenty percent of the total votes cast for presidential candidates in
23 the congressional district in order to be awarded any delegates and
24 alternate delegates from that congressional district. If only one presi-
25 dential candidate receives twenty percent or more of the total votes
26 cast for presidential candidates in a congressional district, such pres-
27 idential candidate shall be awarded all three delegates and all three
28 alternate delegates. If no presidential candidate receives twenty
29 percent or more of the total votes cast for presidential candidates in a
30 congressional district, the three delegate and three alternate delegate
31 positions from such district shall be deemed vacant and filled pursuant
32 to the rules of the national Republican party.
33 c. (i) If the rules of the national Republican party or the call for
34 the national convention permit and if state congressional redistricting
35 is not enacted prior to twelve weeks before the date of the presidential
36 primary and the state has a net loss of congressional districts follow-
37 ing reapportionment, two delegates and two alternate delegates shall be
38 elected from each of the pre-apportionment congressional districts. The
39 two delegates and the two alternate delegates from a congressional
40 district shall be awarded to the presidential candidate receiving the
41 most votes in the congressional district provided, however, that a pres-
42 idential candidate must receive at least twenty percent of the total
43 votes cast for presidential candidates in the congressional district in
44 order to be awarded any delegates and alternate delegates from that
45 congressional district. If no presidential candidate receives twenty
46 percent or more of the total votes cast for presidential candidates in a
47 congressional district, the two delegate and two alternate delegate
48 positions from such district shall be deemed vacant and filled pursuant
49 to the rules of the national Republican party.
50 (ii) If the provisions of subparagraph (i) of this paragraph are not
51 permitted by the rules of the national Republican party or the call for
52 the national convention, the New York Republican state committee may
53 adopt a party rule regarding the election of congressional district
54 delegates and congressional district alternate delegates to take effect
55 in the event that state congressional redistricting based upon the two
56 thousand ten congressional reapportionment is not enacted prior to
S. 5753 9
1 twelve weeks before the date of the two thousand twelve presidential
2 primary.
3 5. Election of at large delegates and at large alternate delegates.
4 At-large delegates and at-large alternate delegates shall be elected by
5 the New York Republican state committee and awarded to presidential
6 candidates based upon the statewide vote results of the presidential
7 primary election. All at-large delegates and at-large alternate deleg-
8 ates shall be awarded to a presidential candidate who receives a majori-
9 ty of the statewide total votes cast for presidential candidates. If no
10 presidential candidate receives a majority of the statewide total votes
11 cast for presidential candidates, at-large delegates and at-large alter-
12 nate delegates shall be allocated and awarded as follows: based on the
13 ratio of the total statewide vote received by each presidential candi-
14 date in relation to the total statewide vote for all presidential candi-
15 dates receiving at least twenty percent of the statewide vote in the
16 presidential primary election, the New York Republican state committee
17 shall apportion pro-rata the number of at-large delegates and at-large
18 alternate delegates that each presidential candidate is entitled to
19 receive rounded to the nearest whole number: provided however, that a
20 presidential candidate must receive at least twenty percent of the total
21 statewide vote of the presidential primary election in order to be
22 awarded any at-large delegates by the New York Republican state commit-
23 tee. In the event the pro-rata apportionment of delegates leaves one or
24 more delegates unawarded by process of mathematical distribution, then
25 any such delegate or delegates, shall be awarded to the presidential
26 candidate with the most statewide votes for all presidential candidates.
27 In the event pro-rata apportionment entitles presidential candidates by
28 process of mathematical distribution to more delegates than are author-
29 ized pursuant to the rules of the national Republican party and the call
30 for the national convention, then the number of delegates awarded for
31 the candidate receiving the least statewide votes among those presiden-
32 tial candidates otherwise entitled to be awarded delegates, shall be
33 decreased to the extent necessary to conform to the number of authorized
34 delegate positions.
35 6. All provisions of this chapter which are not inconsistent with this
36 section shall be applicable to a primary election conducted pursuant to
37 this section.
38 § 5. Section 6-158 of the election law is amended by adding a new
39 subdivision 1-a to read as follows:
40 1-a. A designating petition filed for a presidential primary election
41 shall be filed not earlier than the twelfth Monday before, and not later
42 than the eleventh Thursday preceding the presidential primary election.
43 § 6. Section 4-110 of the election law, as amended by chapter 434 of
44 the laws of 1984, is amended to read as follows:
45 § 4-110. Certification of primary election candidates; state board of
46 elections. The state board of elections not later than thirty-six days
47 before a primary election or fifty-four days before a presidential
48 primary election, shall certify to each county board of elections: The
49 name and residence of each candidate to be voted for within the poli-
50 tical subdivision of such board for whom a designation has been filed
51 with the state board; the title of the office or position for which the
52 candidate is designated; the name of the party upon whose primary ballot
53 his name is to be placed; and the order in which the names of the candi-
54 dates are to be printed as determined by the state board. Where an
55 office or position is uncontested, such certification shall state such
56 fact.
S. 5753 10
1 § 7. Section 4-114 of the election law, as amended by chapter 4 of the
2 laws of 2011, is amended to read as follows:
3 § 4-114. Determination of candidates and questions; county board of
4 elections. The county board of elections, not later than the thirty-
5 fifth day before the day of a primary or general election, or the
6 fifty-third day before a special election or presidential primary
7 election, shall determine the candidates duly nominated for public
8 office and the questions that shall appear on the ballot within the
9 jurisdiction of that board of elections.
10 § 8. Paragraph (a) of subdivision 1 of section 10-108 of the election
11 law, as amended by chapter 4 of the laws of 2011, is amended to read as
12 follows:
13 (a) Ballots for military voters shall be mailed or otherwise distrib-
14 uted by the board of elections, in accordance with the preferred method
15 of transmission designated by the voter pursuant to section 10-107 of
16 this article, as soon as practicable but in any event not later than
17 thirty-two days before a primary or general election; twenty-five days
18 before a New York city community school board district or city of
19 Buffalo school district election; fourteen days before a village
20 election conducted by the board of elections; and forty-five days before
21 a special election or presidential primary election. A voter who submits
22 a military ballot application shall be entitled to a military ballot
23 thereafter for each subsequent election through and including the next
24 two regularly scheduled general elections held in even numbered years,
25 including any run-offs which may occur; provided, however, such applica-
26 tion shall not be valid for any election held within seven days after
27 its receipt. Ballots shall also be mailed to any qualified military
28 voter who is already registered and who requests such military ballot
29 from such board of elections in a letter, which is signed by the voter
30 and received by the board of elections not later than the seventh day
31 before the election for which the ballot is requested and which states
32 the address where the voter is registered and the address to which the
33 ballot is to be mailed. The board of elections shall enclose with such
34 ballot a form of application for military ballot. In the case of a
35 primary election, the board shall deliver only the ballot of the party
36 with which the military voter is enrolled according to the military
37 voter's registration records. In the event a primary election is uncon-
38 tested in the military voter's election district for all offices or
39 positions except the party position of member of the ward, town, city or
40 county committee, no ballot shall be delivered to such military voter
41 for such election; and the military voter shall be advised of the reason
42 why he or she will not receive a ballot.
43 § 9. Subdivision 4 of section 11-204 of the election law, as amended
44 by chapter 4 of the laws of 2011, is amended to read as follows:
45 4. If the board of elections shall determine that the applicant making
46 the application provided for in this section is qualified to receive and
47 vote a special federal ballot, it shall, as soon as practicable after it
48 shall have so determined, or not later than thirty-two days before each
49 general or primary election and forty-five days before each special
50 election or presidential primary election in which such applicant is
51 qualified to vote, or three days after receipt of such an application,
52 whichever is later, mail to him or her at the residence address outside
53 the United States shown in his or her application, a special federal
54 ballot, an inner affirmation envelope and an outer envelope, or other-
55 wise distribute same to the voter in accordance with the preferred meth-
56 od of transmission designated by the voter pursuant to section 11-203 of
S. 5753 11
1 this title. The board of elections shall also mail, or otherwise
2 distribute in accordance with the preferred method of transmission
3 designated by the voter pursuant to section 11-203 of this title, a
4 special federal ballot to every qualified special federal voter who is
5 already registered and who requests such special federal ballot from
6 such board of elections in a letter, which is signed by the voter and
7 received by the board of elections not later than the seventh day before
8 the election for which the ballot is first requested and which states
9 the address where the voter is registered and the address to which the
10 ballot is to be mailed. The board of elections shall enclose with such
11 ballot a form of application for a special federal ballot.
12 § 10. 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 § 11. This act shall take effect immediately; except that if this act
25 shall become a law after July 1, 2011, it shall take effect immediately
26 and shall be deemed to have been in full force and effect on and after
27 July 1, 2011; and shall expire December 31, 2012 when upon such date the
28 provisions of this act shall be deemed repealed.
