Bill Text: NY A02010 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2019-2020 state fiscal year; requires that candidates for governor, lieutenant governor, attorney general and comptroller file with the state board of elections a copy of the ten most recent income tax returns and that candidates for state senate and assembly file the five most recent income tax returns (Part A); establishes contribution limits and a public campaign financing system, establishes the New York state campaign finance fund and establishes a New York state campaign finance fund check-off (Part B); enacts the "Voter Enfranchisement Modernization Act of 2019"; relates to establishing the electronic personal voter registration process; provides for online voter registration (Part C); implements early voting and accessibility to polling places (Part D); combines primary elections and amends certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas; relates to filling vacancies in elective offices; relates to the date of primary elections (Subpart A); relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions (Subpart B)(Part E); includes limited liability companies on the list of organizations not permitted to provide money or property to assist a political party, committee or organization (Part F); provides for integrated personal voter registration applications (Part G); relates to time allowed for employees to vote (Part H); provides uniform polling hours during primary elections (Part I); provides for the pre-registration of voters (Part J); prohibits vendors engaged in procurements with the state from making campaign contributions to elected officials (Part K); provides for automatic voter registration updates for any voter who moves anywhere within New York state (Part L); prohibits certain loans to be made to candidates on political committees (Part M); authorizes counties to employ computer generated registration lists; updates the list of supplies to be delivered to poll sites (Part N); requires lobbyists to file fundraising reports disclosing any fundraising activities which the lobbyist participates in (Part O); prohibits certain lobbyists from engaging in political consulting for state public officials or candidates for office, and prohibits political consultants or anyone they are affiliated with from lobbying state officers; requires election financial disclosure statements to include a listing of all political consulting services provided to a campaign (Part P); requires disclosures for certain nonprofits (Part Q); lowers the monetary disclosure threshold to a value in excess of $500 for lobbyists to report prior relationships with agencies or elected officials and to lowering the monetary disclosure threshold to a value in excess of $500 for lobbyists to biennially file statements of registration (Part R); increases penalties for lobbyists who are convicted of a crime (Part S); increases the length of the existing bar on the appearance and practice of former state officers or employees, members of the legislature and members of the executive chamber (Part T); prohibits staff of elected state officials including state senators and members of the assembly to perform volunteer services for the election campaigns of such officials (Part U); relates to advisory opinions on outside income of members of the legislature and financial disclosures of certain municipal officers (Part V); creates a lobbyist code of conduct and provides for enforcement of such code (Part W); relates to motor vehicle voter registration and repeals section 5-212 of the election law relating thereto (Part X).

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-02-19 - print number 2010a [A02010 Detail]

Download: New_York-2019-A02010-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 1510--A                                            A. 2010--A
                SENATE - ASSEMBLY
                                    January 18, 2019
                                       ___________
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  election  law, in relation to requiring certain
          candidates to disclose tax returns (Part A);  to  amend  the  election
          law,  in  relation  to  establishing  contribution limits and a public
          campaign financing system; to amend the state finance law, in relation
          to establishing the New York state campaign finance fund; and to amend
          the tax law, in relation to establishing a  New  York  state  campaign
          finance fund checkoff (Part B); to amend the election law, in relation
          to  enacting  the  Voter Enfranchisement Modernization Act of 2019; in
          relation to establishing the electronic  personal  voter  registration
          process  (Part  C);  to  amend  the election law, in relation to early
          voting implementation (Part D); 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 election law, in relation to date of  primary  elections;
          to  amend  the  election  law,  in  relation  to  canvass and audit of
          returns; and to amend the public officers law, in relation to  filling
          vacancies  in elective offices (Subpart A); to amend the election law,
          in relation to vacancies for elective offices; to judicial proceedings
          for designating or nominating petitions and to ballots for primary and
          general elections (Subpart B)(Part E); to amend the election  law,  in
          relation  to  political  contributions  by limited liability companies
          (Part F); to  amend  the  election  law,  in  relation  to  integrated
          personal  voter  registration  applications  (Part  G);  to  amend the
          election law, in relation to time allowed for employees to vote  (Part
          H);  to amend the election law, in relation to providing uniform poll-
          ing hours during primary elections (Part I);  to  amend  the  election
          law, in relation to providing for the pre-registration of voters (Part
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12575-02-9

        S. 1510--A                          2                         A. 2010--A
          J);  to  amend  the  election  law, in relation to prohibiting vendors
          engaged in procurements with the state from making  campaign  contrib-
          utions  to  elected  officials (Part K); to amend the election law, in
          relation  to implementing automatic voter registration updates for any
          voter who moves anywhere within the  state  (Part  L);  to  amend  the
          election  law,  in relation to prohibiting certain loans to be made to
          candidates or political committees (Part M);  to  amend  the  election
          law, in relation to authorizing computer generated registration lists;
          in  relation  to  the  list  of supplies to be delivered to poll sites
          (Part N); to amend the legislative  law,  in  relation  to  disclosing
          lobbyist  filing  of campaign contributions, solicitations of contrib-
          utions, and political consulting reports (Part O); to amend the legis-
          lative law, in relation to  prohibiting  lobbyists  from  engaging  in
          political  consulting  for  candidates for and holders of state office
          and prohibiting certain political consultants from engaging in  lobby-
          ing;  and  to  amend  the  election  law, in relation to requiring the
          reporting of the provision of political consulting services (Part  P);
          to amend the executive law, in relation to disclosure requirements for
          certain nonprofits (Part Q); to amend the legislative law, in relation
          to  lowering the monetary disclosure threshold for lobbyists to report
          prior relationships with agencies or elected  officials  and  to  file
          statements  of  registration (Part R); to amend the legislative law to
          increase penalties for lobbyists who are convicted of  a  crime  (Part
          S);  to  amend  the public officers law, in relation to increasing the
          length of the existing bar on the appearance and  practice  of  former
          state officers or employees, members of the legislature and members of
          the  executive  chamber  (Part  T); to amend the civil service law, in
          relation to prohibiting staff of elected state  officials  to  perform
          volunteer  services for the election campaigns of such officials (Part
          U); to amend the executive law  and  the  general  municipal  law,  in
          relation to requiring the financial disclosures of certain local offi-
          cials  (Part V); to amend the legislative law, in relation to creating
          and enforcing a code of conduct for lobbyists (Part W); and  to  amend
          the election law, in relation to motor vehicle voter registration; and
          to repeal section 5-212 of the election law relating thereto (Part X)
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through X. The effective date for each  particular
     5  provision contained within such Part is set forth in the last section of
     6  such  Part.    Any  provision  in  any  section contained within a Part,
     7  including the effective date of the Part, which  makes  reference  to  a
     8  section  "of  this  act",  when  used in connection with that particular
     9  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
    12                                   PART A
    13    Section  1.  The election law is amended by adding a new section 6-170
    14  to read as follows:

        S. 1510--A                          3                         A. 2010--A
     1    § 6-170. Disclosure of tax returns by candidates for public office. 1.
     2  Not later than sixty days before a general election, any  candidate  for
     3  the  office  of  governor,  lieutenant governor, attorney general, comp-
     4  troller, state senator, and member of the assembly, other than a  write-
     5  in candidate, shall:
     6    (a)  file  with the state board of elections copies of the federal and
     7  New York state income tax returns of such candidate for at least the ten
     8  most recent taxable years for which such returns have been filed if such
     9  candidate is a candidate for statewide office, and for at least the five
    10  most recent taxable years for which such returns have been filed if such
    11  candidate is a candidate for state senator or member  of  the  assembly;
    12  and
    13    (b) provide written consent to the commissioners of the state board of
    14  elections,  in  such  form  as shall be prescribed by the state board of
    15  elections, for the public disclosure of such returns pursuant to  subdi-
    16  vision two of this section.
    17    2.  Income  tax  returns  filed with the state board of elections by a
    18  candidate pursuant to subdivision one of  this  section  shall  be  made
    19  publicly  available  on  the  website of the state board of elections no
    20  later than seven days after such income tax  returns  have  been  filed,
    21  subject  to  such  redaction as may be warranted pursuant to subdivision
    22  three of this section.
    23    3. Prior to making any income tax return filed pursuant to subdivision
    24  one of this section public, the state board of  elections  shall  redact
    25  such  information as the board, in consultation with the commissioner of
    26  taxation and finance or  his  or  her  delegate,  deems  appropriate  or
    27  required  by  law.  The  candidate shall be entitled to request that the
    28  board make particular redactions at the time that  the  candidate  files
    29  the  returns with the board pursuant to paragraph (a) of subdivision one
    30  of this section.
    31    4. Notwithstanding any other section of law  to  the  contrary,  if  a
    32  candidate  has  not  timely  filed with the state board of elections the
    33  income tax returns and written consent required by  subdivision  one  of
    34  this  section,  the name of such candidate shall not be printed upon the
    35  official ballot for the general election.
    36    § 2. This act shall take effect immediately.
    37                                   PART B
    38    Section 1. Section 14-100 of the election law is amended by adding two
    39  new subdivisions 18 and 19 to read as follows:
    40    18. "Intermediary" shall mean an individual, corporation, partnership,
    41  political  committee,  employee  organization  or  other  entity   which
    42  bundles,  causes  to be delivered or otherwise delivers any contribution
    43  from another person or entity to a candidate  or  authorized  committee,
    44  other  than  in  the regular course of business as a postal, delivery or
    45  messenger service. Provided, however, that an "intermediary"  shall  not
    46  include spouses, domestic partners, parents, children or siblings of the
    47  person  making  such  contribution or a staff member or volunteer of the
    48  campaign identified in writing to the state board of elections. As  used
    49  in  this  subdivision  "causes  to be delivered" shall include providing
    50  postage, envelopes or other shipping materials for the use of delivering
    51  the contribution to the ultimate recipient.
    52    19. "authorized committee" means the single political committee desig-
    53  nated by a candidate to receive all  contributions  authorized  by  this
    54  title.

        S. 1510--A                          4                         A. 2010--A
     1    §  2.  Subdivision 1 of section 14-102 of the election law, as amended
     2  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
     3  amended to read as follows:
     4    1.  The  treasurer of every political committee which, or any officer,
     5  member or agent of any  such  committee  who,  in  connection  with  any
     6  election,  receives  or  expends  any  money  or other valuable thing or
     7  incurs any liability to pay money or its equivalent  shall  file  state-
     8  ments  sworn,  or subscribed and bearing a form notice that false state-
     9  ments made therein are punishable as a class A misdemeanor  pursuant  to
    10  section  210.45 of the penal law, at the times prescribed by this [arti-
    11  cle] title setting forth all the  receipts,  contributions  to  and  the
    12  expenditures  by  and liabilities of the committee, and of its officers,
    13  members and agents in its behalf.  Such  statements  shall  include  the
    14  dollar  amount  of  any  receipt,  contribution or transfer, or the fair
    15  market value of any receipt, contribution or transfer,  which  is  other
    16  than  of  money,  the  name  and address of the transferor, contributor,
    17  intermediary, or person from  whom  received,  and  if  the  transferor,
    18  contributor,  intermediary, or person is a political committee; the name
    19  of and the political unit represented by the committee, the date of  its
    20  receipt, the dollar amount of every expenditure, the name and address of
    21  the  person  to  whom  it was made or the name of and the political unit
    22  represented by the committee to which it was made and the date  thereof,
    23  and shall state clearly the purpose of such expenditure. An intermediary
    24  need  not  be  reported  for  a  contribution  that was collected from a
    25  contributor in connection with a party or other candidate-related  event
    26  held  at the residence of the person delivering the contribution, unless
    27  the expenses of such event at such residence for such  candidate  exceed
    28  five  hundred  dollars or the aggregate contributions received from that
    29  contributor at such event exceed five  hundred  dollars.  Any  statement
    30  reporting  a  loan  shall  have attached to it a copy of the evidence of
    31  indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
    32  specifically  accounted  for  by  separate items in said statements, and
    33  receipts  and  contributions  aggregating  not  more  than   ninety-nine
    34  dollars, from any one contributor need not be specifically accounted for
    35  by  separate  items  in  said  statements,  provided  however, that such
    36  expenditures, receipts and contributions shall be subject to  the  other
    37  provisions of section 14-118 of this [article] title.
    38    §  3.  Subdivision 3 of section 14-124 of the election law, as amended
    39  by section 1 of part B of chapter 286 of the laws of 2016, is amended to
    40  read as follows:
    41    3. The contribution and receipt limits of this article shall not apply
    42  to monies received and expenditures made by a party committee or consti-
    43  tuted committee to maintain a permanent headquarters and staff and carry
    44  on ordinary activities which are not for the express purpose of  promot-
    45  ing the candidacy of specific candidates, except that contributions made
    46  for  such activities to a party committee or constituted committee shall
    47  be limited to twenty-five thousand dollars in the  aggregate  from  each
    48  contributor  in  each  year; provided that such monies described in this
    49  subdivision shall be deposited in a segregated account.
    50    § 4. Subdivision 2 of section 14-108 of the election law,  as  amended
    51  by chapter 109 of the laws of 1997, is amended to read as follows:
    52    2.  Each  statement  shall  cover  the  period up to and including the
    53  fourth day next preceding the day specified  for  the  filing  thereof[;
    54  provided,  however,  that].  The  receipt of any contribution or loan in
    55  excess of one thousand dollars shall be disclosed within sixty  days  of
    56  receipt.  If  such  contribution or loan would not otherwise be reported

        S. 1510--A                          5                         A. 2010--A
     1  within sixty days of receipt on the next applicable statement, then  the
     2  contribution  or  loan shall be separately reported within sixty days of
     3  receipt in the same manner as any other contribution or loan.   However,
     4  any  contribution or loan in excess of one thousand dollars, if received
     5  after the close of the period to be covered in the last statement  filed
     6  before  any  primary,  general  or  special  election  but  before  such
     7  election, shall be reported, in the same manner as other  contributions,
     8  within twenty-four hours after receipt.
     9    §  5. The article heading of article 14 of the election law is amended
    10  to read as follows:
    11            CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
    12    § 6. Subdivisions 1 and 10 of section  14-114  of  the  election  law,
    13  subdivision  1  as  amended and subdivision 10 as added by chapter 79 of
    14  the laws of 1992 and paragraphs a and b of subdivision 1 as  amended  by
    15  chapter 659 of the laws of 1994, are amended to read as follows:
    16    1.  The following limitations apply to all contributions to candidates
    17  for election to any public office or for nomination for any such office,
    18  or for election to any party positions,  and  to  all  contributions  to
    19  political  committees  working directly or indirectly with any candidate
    20  to aid or participate in such candidate's nomination or election,  other
    21  than any contributions to any party committee or constituted committee:
    22    a. In any election for a public office to be voted on by the voters of
    23  the  entire  state, or for nomination to any such office, no contributor
    24  may make a contribution to any candidate or political committee  partic-
    25  ipating  in  the  state's  public  campaign financing system pursuant to
    26  title two of this article, and no such candidate or political  committee
    27  may accept any contribution from any contributor, which is in the aggre-
    28  gate  amount  greater than:  (i) in the case of any nomination to public
    29  office, the product of the total number of enrolled voters in the candi-
    30  date's party in the state, excluding voters in inactive  status,  multi-
    31  plied  by  $.005,  but such amount shall be not [less than four thousand
    32  dollars nor] more than [twelve] six thousand dollars  [as  increased  or
    33  decreased  by  the cost of living adjustment described in paragraph c of
    34  this subdivision,] and (ii) in the case of  any  election  to  [a]  such
    35  public  office,  [twenty-five]  six  thousand  dollars  [as increased or
    36  decreased by the cost of living adjustment described in paragraph  c  of
    37  this  subdivision];  provided however, that the maximum amount which may
    38  be so contributed or accepted, in the aggregate,  from  any  candidate's
    39  child,  parent,  grandparent,  brother and sister, and the spouse of any
    40  such persons, shall not exceed in the case of any nomination  to  public
    41  office  an  amount  equivalent  to the product of the number of enrolled
    42  voters in the candidate's party in the state, excluding voters in  inac-
    43  tive  status, multiplied by $.025, and in the case of any election for a
    44  public office, an amount equivalent to the  product  of  the  number  of
    45  registered  voters  in  the  state  excluding voters in inactive status,
    46  multiplied by $.025.
    47    b. In any other election for party  position  or  for  election  to  a
    48  public  office or for nomination for any such office, no contributor may
    49  make a contribution to any candidate or political committee  participat-
    50  ing  in  the  state's public campaign financing system pursuant to title
    51  two of this article (for those offices  or  positions  covered  by  that
    52  system)  and  no  such  candidate  or political committee may accept any
    53  contribution from any contributor, which  is  in  the  aggregate  amount
    54  greater than: (i) in the case of any election for party position, or for
    55  nomination to public office, the product of the total number of enrolled
    56  voters  in the candidate's party in the district in which he is a candi-

        S. 1510--A                          6                         A. 2010--A
     1  date, excluding voters in inactive status, multiplied by $.05, and  (ii)
     2  in  the  case  of  any  election for a public office, the product of the
     3  total number of registered voters in the district, excluding  voters  in
     4  inactive  status,  multiplied  by  $.05, [however in the case of a nomi-
     5  nation within the city of New York for the office of mayor, public advo-
     6  cate or comptroller, such amount shall be not less  than  four  thousand
     7  dollars  nor more than twelve thousand dollars as increased or decreased
     8  by the cost of living adjustment described in paragraph [c]  e  of  this
     9  subdivision;  in the case of an election within the city of New York for
    10  the office of mayor, public advocate or comptroller,  twenty-five  thou-
    11  sand  dollars as increased or decreased by the cost of living adjustment
    12  described in paragraph [c] e of this subdivision;]  in  the  case  of  a
    13  nomination  or  election  for  state  senator, four thousand dollars [as
    14  increased or decreased by the cost of  living  adjustment  described  in
    15  paragraph  c  of  this subdivision; in the case of an election for state
    16  senator,  six  thousand  two  hundred  fifty  dollars  as  increased  or
    17  decreased  by  the cost of living adjustment described in paragraph c of
    18  this subdivision]; in the case of an election or nomination for a member
    19  of  the  assembly,  [twenty-five  hundred]  two  thousand  dollars   [as
    20  increased  or  decreased  by  the cost of living adjustment described in
    21  paragraph c of this subdivision; but in no event shall any such  maximum
    22  exceed  fifty  thousand  dollars  or be less than one thousand dollars];
    23  provided however, that the maximum amount which may be so contributed or
    24  accepted, in the aggregate, from any candidate's child,  parent,  grand-
    25  parent,  brother  and  sister, and the spouse of any such persons, shall
    26  not exceed in the case of any election for party position or  nomination
    27  for  public office an amount equivalent to the number of enrolled voters
    28  in the candidate's party in the district in which  he  is  a  candidate,
    29  excluding  voters in inactive status, multiplied by $.25 and in the case
    30  of any election to public office, an amount equivalent to the number  of
    31  registered  voters in the district, excluding voters in inactive status,
    32  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    33  er, or in the case of a nomination or election of a state senator, twen-
    34  ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
    35  nation  or  election  of  a member of the assembly, twelve thousand five
    36  hundred dollars, whichever is greater, but in no event  shall  any  such
    37  maximum exceed one hundred thousand dollars.
    38    c.    In any election for a public office to be voted on by the voters
    39  of the entire state, or for nomination to any such office, no  contribu-
    40  tor  may  make a contribution to any candidate or political committee in
    41  connection with a candidate who is  not  a  participating  candidate  as
    42  defined in subdivision fourteen of section 14-200-a of this article, and
    43  no  such  candidate  or  political committee may accept any contribution
    44  from any contributor, which is in the  aggregate  amount  greater  than:
    45  (i)  in  the case of any nomination to public office, the product of the
    46  total number of enrolled voters in the candidate's party in  the  state,
    47  excluding  voters  in  inactive  status,  multiplied  by $.005, but such
    48  amount shall be not less than four thousand dollars nor  more  than  ten
    49  thousand  dollars,  and  (ii)  in  the  case of any election to a public
    50  office, fifteen thousand dollars; provided  however,  that  the  maximum
    51  amount  which  may be so contributed or accepted, in the aggregate, from
    52  any candidate's child, parent, grandparent, brother and sister, and  the
    53  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    54  nation to public office an amount  equivalent  to  the  product  of  the
    55  number of enrolled voters in the candidate's party in the state, exclud-
    56  ing  voters  in inactive status, multiplied by $.025, and in the case of

        S. 1510--A                          7                         A. 2010--A
     1  any election for a public office, an amount equivalent to the product of
     2  the number of registered voters in the state excluding voters  in  inac-
     3  tive status, multiplied by $.025.
     4    d.  In  any  other  election  for  party position or for election to a
     5  public office or for nomination for any such office, no contributor  may
     6  make   a  contribution  to  any  candidate  or  political  committee  in
     7  connection with a candidate who is  not  a  participating  candidate  as
     8  defined  in subdivision fourteen of section 14-200-a of this article and
     9  no such candidate or political committee  may  accept  any  contribution
    10  from any contributor, which is in the aggregate amount greater than: (i)
    11  in  the  case  of  any election for party position, or for nomination to
    12  public office, the product of the total number of enrolled voters in the
    13  candidate's party in the district in which he is a candidate,  excluding
    14  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    15  any election for a public office, the product of  the  total  number  of
    16  registered  voters in the district, excluding voters in inactive status,
    17  multiplied by $.05, however in the case of a nomination within the  city
    18  of  New  York  for  the office of mayor, public advocate or comptroller,
    19  such amount shall be not less than four thousand dollars nor  more  than
    20  twelve  thousand dollars as increased or decreased by the cost of living
    21  adjustment described in paragraph e of this subdivision; in the case  of
    22  an  election within the city of New York for the office of mayor, public
    23  advocate or comptroller, twenty-five thousand dollars  as  increased  or
    24  decreased  by  the cost of living adjustment described in paragraph e of
    25  this subdivision; in the case of a  nomination  or  election  for  state
    26  senator, five thousand dollars; in the case of an election or nomination
    27  for  a member of the assembly, three thousand dollars; provided however,
    28  that the maximum amount which may be so contributed or accepted, in  the
    29  aggregate,  from any candidate's child, parent, grandparent, brother and
    30  sister, and the spouse of any such persons, shall not exceed in the case
    31  of any election for party position or nomination for  public  office  an
    32  amount  equivalent  to  the number of enrolled voters in the candidate's
    33  party in the district in which he is a candidate,  excluding  voters  in
    34  inactive  status,  multiplied by $.25 and in the case of any election to
    35  public office, an amount equivalent to the number of  registered  voters
    36  in  the  district,  excluding  voters  in inactive status, multiplied by
    37  $.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
    38  case  of  a  nomination  or election of a state senator, twenty thousand
    39  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
    40  election  of  a  member  of  the  assembly, twelve thousand five hundred
    41  dollars, whichever is greater, but in no event shall  any  such  maximum
    42  exceed one hundred thousand dollars.
    43    e. At the beginning of each fourth calendar year, commencing in [nine-
    44  teen hundred ninety-five] two thousand twenty-two, the state board shall
    45  determine  the  percentage  of  the  difference  between the most recent
    46  available monthly consumer price index for all urban consumers published
    47  by the United States bureau of labor statistics and such consumer  price
    48  index  published for the same month four years previously. The amount of
    49  each contribution limit fixed and expressly identified for adjustment in
    50  this subdivision shall be adjusted by  the  amount  of  such  percentage
    51  difference  to the closest one hundred dollars by the state board which,
    52  not later than the first day of February in each such year, shall  issue
    53  a regulation publishing the amount of each such contribution limit. Each
    54  contribution  limit  as  so  adjusted shall be the contribution limit in
    55  effect for any election held before the next such adjustment.

        S. 1510--A                          8                         A. 2010--A
     1    f. Each party or constituted committee may transfer to,  or  spend  to
     2  elect or oppose a candidate, or transfer to another party or constituted
     3  committee,  no more than five thousand dollars per election, except that
     4  such committee may in addition to such transfers or expenditures:
     5    (i) in a general or special election transfer to, or spend to elect or
     6  oppose a candidate, no more than five hundred dollars received from each
     7  contributor; and
     8    (ii)  in  any  election  spend  without  limitation  for non-candidate
     9  expenditures not designed or intended to elect a particular candidate or
    10  candidates.
    11    g. Notwithstanding any  other  contribution  limit  in  this  section,
    12  participating  candidates  as defined in subdivision fourteen of section
    13  14-200-a of this article may contribute, out of their own  money,  three
    14  times  the applicable contribution limit to their own authorized commit-
    15  tee.
    16    10. [a.] No contributor may make a contribution to a party or  consti-
    17  tuted committee and no such committee may accept a contribution from any
    18  contributor which, in the aggregate, is greater than [sixty-two thousand
    19  five hundred] twenty-five thousand dollars per annum.
    20    [b. At the beginning of each fourth calendar year, commencing in nine-
    21  teen hundred ninety-five, the state board shall determine the percentage
    22  of  the  difference  between  the most recent available monthly consumer
    23  price index for all urban  consumers  published  by  the  United  States
    24  bureau  of  labor statistics and such consumer price index published for
    25  the same month four years previously. The amount  of  such  contribution
    26  limit  fixed in paragraph a of this subdivision shall be adjusted by the
    27  amount of such percentage difference to the closest one hundred  dollars
    28  by  the  state  board which, not later than the first day of February in
    29  each such year, shall issue a regulation publishing the amount  of  such
    30  contribution  limit. Such contribution limit as so adjusted shall be the
    31  contribution limit in effect for any election held before the next  such
    32  adjustment.]
    33    §  7. Sections 14-100 through 14-132 of article 14 of the election law
    34  are designated title I and a new title  heading  is  added  to  read  as
    35  follows:
    36                     CAMPAIGN RECEIPTS AND EXPENDITURES
    37    §  8.  Article 14 of the election law is amended by adding a new title
    38  II to read as follows:
    39                                  TITLE II
    40                              PUBLIC FINANCING
    41  Section 14-200.   Legislative findings and intent.
    42          14-200-a. Definitions.
    43          14-201.   Reporting requirements.
    44          14-202.   Contributions.
    45          14-203.   Proof of compliance.
    46          14-204.   Eligibility.
    47          14-205.   Limits on public financing.
    48          14-206.   Payment of public matching funds.
    49          14-207.   Use  of  public  matching  funds;  qualified  campaign
    50                      expenditures.
    51          14-208.   Powers and duties of the board.
    52          14-209.   Audits and repayments.
    53          14-210.   Enforcement  and  penalties  for  violations and other
    54                      proceedings.

        S. 1510--A                          9                         A. 2010--A
     1          14-211.   Reports.
     2          14-212.   Debates for candidates for statewide office.
     3          14-213.   Severability.
     4    § 14-200. Legislative findings and intent.  The legislature finds that
     5  reform of New York state's campaign finance system is crucial to improv-
     6  ing public confidence in the state's democratic processes and continuing
     7  to  ensure  a government that is accountable to all of the voters of the
     8  state regardless of wealth or position. The legislature finds  that  New
     9  York's  current system of campaign finance, with its large contributions
    10  to candidates for office and party committees, has created the potential
    11  for and the appearance of corruption.   The  legislature  further  finds
    12  that,  whether or not this system creates actual corruption, the appear-
    13  ance of such corruption can give rise to a distrust  in  government  and
    14  citizen  apathy that undermine the democratic operation of the political
    15  process.
    16    The legislature also finds that the high cost of running for office in
    17  New York discourages qualified candidates from running  for  office  and
    18  creates an electoral system that encourages candidates to spend too much
    19  time  raising money rather than attending to the duties of their office,
    20  representing the needs of their  constituents,  and  communicating  with
    21  voters.
    22    The  legislature amends this chapter creating a new title two to arti-
    23  cle fourteen of this chapter to reduce the  possibility  and  appearance
    24  that special interests exercise undue influence over state officials; to
    25  increase  the actual and apparent responsiveness of elected officials to
    26  all voters; to encourage qualified candidates to run for office; and  to
    27  reduce the pressure on candidates to spend large amounts of time raising
    28  large contributions for their campaigns.
    29    The legislature finds that this article's limitations on contributions
    30  further   the  government's  interest  in  reducing  real  and  apparent
    31  corruption and in building trust in government.  The  legislature  finds
    32  that  the  contribution levels are sufficiently high to allow candidates
    33  and political parties to raise enough money to run effective  campaigns.
    34  In  addition,  the legislature finds that graduated contribution limita-
    35  tions reflect the campaign needs of candidates for different offices.
    36    The legislature also finds that the system of voluntary public financ-
    37  ing furthers the government's interest in encouraging  qualified  candi-
    38  dates to run for office. The legislature finds that the voluntary public
    39  funding  program  will  enlarge  the  public debate and increase partic-
    40  ipation in the democratic process. In addition,  the  legislature  finds
    41  that  the  voluntary  expenditure  limitations and matching fund program
    42  reduce the burden on candidates and officeholders to spend time  raising
    43  money for their campaigns.
    44    Therefore,  the legislature declares that these amendments further the
    45  important and valid  government  interests  of  reducing  voter  apathy,
    46  building  confidence  in government, reducing the reality and appearance
    47  of corruption, and encouraging qualified candidates to run  for  office,
    48  while reducing candidates' and officeholders' fundraising burdens.
    49    §  14-200-a. Definitions.  For the purposes of this title, the follow-
    50  ing terms shall have the following meanings:
    51    1. The term "authorized committee" shall  mean  the  single  political
    52  committee  designated  by a candidate pursuant to section 14-201 of this
    53  title to receive contributions and make expenditures in support  of  the
    54  candidate's campaign.
    55    2. The term "board" shall mean the state board of elections.

        S. 1510--A                         10                         A. 2010--A
     1    3.  The  term "contribution" shall have the same meaning as appears in
     2  subdivision nine of section 14-100 of this article.
     3    4. The term "contributor" shall mean any person or entity that makes a
     4  contribution.
     5    5.  The  term  "covered  election" shall mean any primary, general, or
     6  special election for nomination for election, or election, to the office
     7  of governor, lieutenant governor, attorney general,  state  comptroller,
     8  state senator, or member of the assembly.
     9    6.  The  term "election cycle" shall mean the two year period starting
    10  the day after the last general election for  candidates  for  the  state
    11  legislature  and  shall mean the four year period starting after the day
    12  after the last general election for candidates for statewide office.
    13    7. The term "expenditure" shall mean any gift, subscription,  advance,
    14  payment, or deposit of money or anything of value, or a contract to make
    15  any  gift,  subscription,  payment,  or  deposit of money or anything of
    16  value, made in connection with the nomination for election, or election,
    17  of any candidate.  Expenditures made by contract are  deemed  made  when
    18  such funds are obligated.
    19    8.  The  term  "fund"  shall  mean the New York state campaign finance
    20  fund.
    21    9. The term "immediate family" shall mean a spouse, domestic  partner,
    22  child, sibling or parent.
    23    10.  The  term  "intermediary"  shall mean an individual, corporation,
    24  partnership, political committee, employee organization or other  entity
    25  which bundles, causes to be delivered or otherwise delivers any contrib-
    26  ution from another person or entity to a candidate or authorized commit-
    27  tee,  other than in the regular course of business as a postal, delivery
    28  or messenger service.  Provided, however, that an  "intermediary"  shall
    29  not include spouses, domestic partners, parents, children or siblings of
    30  the  person  making  such contribution or a staff member or volunteer of
    31  the campaign identified in writing to the state board of elections. Here
    32  "causes to be delivered" shall include providing postage,  envelopes  or
    33  other  shipping  materials for the use of delivering the contribution to
    34  the ultimate recipient.
    35    11. The term "item with  significant  intrinsic  and  enduring  value"
    36  shall  mean  any item, including tickets to an event, that are valued at
    37  twenty-five dollars or more.
    38    12. (a) The term "matchable contribution" shall mean  a  contribution,
    39  contributions  or  a  portion of a contribution or contributions for any
    40  covered elections held in the same election cycle,  made  by  a  natural
    41  person  who  is  a  resident in the state of New York to a participating
    42  candidate, that has been reported in full to  the  board  in  accordance
    43  with  sections  14-102  and  14-104  of  this article by the candidate's
    44  authorized committee and has been contributed on or before  the  day  of
    45  the  applicable  primary,  general,  runoff  or  special  election.  Any
    46  contribution, contributions, or a portion of a  contribution  determined
    47  to  be  invalid  for matching funds by the board may not be treated as a
    48  matchable contribution for any purpose.
    49    (b) The following contributions are not matchable:
    50    (i) loans;
    51    (ii) in-kind contributions of property, goods, or services;
    52    (iii) contributions in the form of the purchase price paid for an item
    53  with significant intrinsic and enduring value;
    54    (iv) transfers from a party or constituted committee;
    55    (v) anonymous contributions or contributions whose source is not item-
    56  ized as required by section 14-201 of this title;

        S. 1510--A                         11                         A. 2010--A
     1    (vi) contributions gathered during a previous election cycle;
     2    (vii) illegal contributions;
     3    (viii) contributions from minors;
     4    (ix) contributions from vendors for campaigns; and
     5    (x)  contributions  from  lobbyists registered pursuant to subdivision
     6  (a) of section one-c of the legislative law.
     7    13. The term "nonparticipating candidate" shall mean a candidate for a
     8  covered election who fails to file a written certification in  the  form
     9  of  an  affidavit  under  section 14-204 of this title by the applicable
    10  deadline.
    11    14. The term "participating candidate" shall mean  any  candidate  for
    12  nomination  for  election, or election, to the office of governor, lieu-
    13  tenant governor, attorney general, state comptroller, state senator,  or
    14  member of the assembly, who files a written certification in the form of
    15  an  affidavit pursuant to section 14-204 of this title by the applicable
    16  deadline.
    17    15. The term "post-election period" shall mean the period following an
    18  election when a candidate is subject to an audit.
    19    16. The term "qualified campaign expenditure" shall mean  an  expendi-
    20  ture for which public matching funds may be used.
    21    17.  The  term  "threshold  for  eligibility" shall mean the amount of
    22  matchable contributions that a  candidate's  authorized  committee  must
    23  receive  in  total  in order for such candidate to qualify for voluntary
    24  public financing under this title.
    25    18. The term "transfer" shall mean any exchange  of  funds  between  a
    26  party  or  constituted  committee  and  a candidate or any of his or her
    27  authorized committees.
    28    § 14-201. Reporting requirements.   1. Political  committee  registra-
    29  tion.  Political  committees  as  defined pursuant to subdivision one of
    30  section 14-100 of this article shall  register  with  the  board  before
    31  making any contribution or expenditure.  The board shall publish a cumu-
    32  lative  list  of political committees that have registered, including on
    33  its webpage, and regularly update it.
    34    2. Only one authorized committee per  candidate  per  elective  office
    35  sought.  Before receiving any contribution or making any expenditure for
    36  a  covered  election,  each  candidate  shall notify the board as to the
    37  existence of his or her authorized committee that has been  approved  by
    38  such  candidate.  Each  candidate shall have one and only one authorized
    39  committee per elective office sought. Each  authorized  committee  shall
    40  have  a  treasurer  and  is subject to the restrictions found in section
    41  14-112 of this article.
    42    3. (a) Detailed reporting. In addition to each  authorized  and  poli-
    43  tical  committee  reporting  to  the  board  every contribution and loan
    44  received and every expenditure made in the time and manner prescribed by
    45  sections 14-102, 14-104 and 14-108 of this article, each authorized  and
    46  political  committee  shall  also  submit  disclosure  reports  on March
    47  fifteenth and May fifteenth of each election year reporting to the board
    48  every contribution and loan received and every expenditure  made.    For
    49  contributors  who  make  contributions  of five hundred dollars or more,
    50  each authorized and political committee shall report to  the  board  the
    51  occupation, and business address of each contributor, lender, and inter-
    52  mediary.  The  board shall revise, prepare and post forms on its webpage
    53  that facilitate compliance with the requirements of this section.
    54    (b) Board review. The board shall review each disclosure report  filed
    55  and  shall  inform authorized and political committees of relevant ques-
    56  tions it has concerning: (i) compliance with requirements of this  title

        S. 1510--A                         12                         A. 2010--A
     1  and of the rules issued by the board; and (ii) qualification for receiv-
     2  ing  public matching funds pursuant to this title. In the course of this
     3  review, it shall give authorized and political committees an opportunity
     4  to  respond  to  and correct potential violations and give candidates an
     5  opportunity to address  questions  it  has  concerning  their  matchable
     6  contribution claims or other issues concerning eligibility for receiving
     7  public  matching funds pursuant to this title. Nothing in this paragraph
     8  shall preclude the chief enforcement counsel from subsequently reviewing
     9  such disclosure reports and taking any action otherwise authorized under
    10  this title.
    11    (c) Itemization. Contributions that are not itemized in reports  filed
    12  with the board shall not be matchable.
    13    (d)  Option to file more frequently. Participating candidates may file
    14  reports of contributions as frequently as once a week on Monday so  that
    15  their matching funds may be paid at the earliest allowable date.
    16    §  14-202. Contributions.   Recipients of funds pursuant to this title
    17  shall be subject to the applicable  contribution  limits  set  forth  in
    18  section 14-114 of this article.
    19    §  14-203.  Proof  of  compliance. Authorized and political committees
    20  shall maintain such records of receipts and expenditures for  a  covered
    21  election  as  required by the board. Authorized and political committees
    22  shall obtain and furnish to the board any  information  it  may  request
    23  relating  to  financial  transactions  or contributions and furnish such
    24  documentation and other proof of compliance with this title  as  may  be
    25  requested. In compliance with section 14-108 of this article, authorized
    26  and  political  committees  shall  maintain copies of such records for a
    27  period of five years.
    28    § 14-204. Eligibility.  1. Terms and conditions. To  be  eligible  for
    29  voluntary public financing under this title, a candidate must:
    30    (a) be a candidate in a covered election;
    31    (b)  meet  all  the requirements of law to have his or her name on the
    32  ballot;
    33    (c) in the case of a covered general or special election,  be  opposed
    34  by another candidate on the ballot who is not a write-in candidate;
    35    (d)  submit  a certification in the form of an affidavit, in such form
    36  as may be prescribed by the board, that sets forth his or her acceptance
    37  of and agreement to  comply  with  the  terms  and  conditions  for  the
    38  provision  of such funds in each covered election and such certification
    39  shall be submitted at least four months before the election pursuant  to
    40  a schedule promulgated by the board;
    41    (e) be certified as a participating candidate by the board;
    42    (f)  not  make, and not have made, expenditures from or use his or her
    43  personal funds or property or the personal  funds  or  property  jointly
    44  held  with  his  or  her spouse, or unemancipated children in connection
    45  with his or her nomination for election or election to a covered office,
    46  but may make a contribution to his or her  authorized  committee  in  an
    47  amount  that  does  not  exceed  three times the applicable contribution
    48  limit from an individual contributor to candidates for the  office  that
    49  he or she is seeking;
    50    (g) meet the threshold for eligibility set forth in subdivision two of
    51  this section;
    52    (h)  continue  to  abide  by all requirements during the post-election
    53  period;
    54    (i) agree not to expend for campaign purposes any portion of any  pre-
    55  existing  funds  raised for any public office or party position prior to
    56  the first day of the  election  cycle  for  which  the  candidate  seeks

        S. 1510--A                         13                         A. 2010--A
     1  certification. Nothing in this paragraph shall be construed to limit, in
     2  any  way, any candidate or public official from expending any portion of
     3  pre-existing campaign funds for any  lawful  purpose  other  than  those
     4  related to his or her campaign; and
     5    (j)  not have accepted contributions in amounts exceeding the contrib-
     6  ution limits set forth for participating candidates in paragraphs a  and
     7  b  of  subdivision  one  of  section  14-114  of this article during the
     8  election cycle for which the candidate seeks certification;
     9    (i) Provided however, that,  if  a  candidate  accepted  contributions
    10  exceeding  such  limits  before certification, such acceptance shall not
    11  prevent the candidate from being certified by the board if the candidate
    12  immediately pays to the fund or returns to the contributor  the  portion
    13  of any contribution that exceeded the applicable contribution limit.
    14    (ii)  If  the  candidate  is  unable  to return such funds immediately
    15  because they  have  already  been  spent,  acceptance  of  contributions
    16  exceeding  the  limits shall not prevent the candidate from being certi-
    17  fied by the board if the candidate submits an affidavit agreeing to  pay
    18  to the fund all portions of any contributions that exceeded the limit no
    19  later  than  thirty  days  before  the  general election. If a candidate
    20  provides the board with such an affidavit, any  disbursement  of  public
    21  funds  to the candidate made under section 14-206 of this title shall be
    22  reduced by no more than twenty-five percent until the total amount  owed
    23  by the candidate is repaid.
    24    (iii) Nothing in this section shall be interpreted to require a candi-
    25  date  who  retains  funds  raised  during  a  previous election cycle to
    26  forfeit such funds. Funds raised during a previous election cycle may be
    27  retained, but only if the candidate places the funds in escrow.
    28    (iv) Contributions received and expenditures made by the candidate  or
    29  an  authorized committee of the candidate prior to the effective date of
    30  this title shall not constitute a violation of this title.    Unexpended
    31  contributions  shall  be  treated  the  same as campaign surpluses under
    32  subparagraph (iii) of this paragraph.
    33    2. Threshold for eligibility. (a) The threshold  for  eligibility  for
    34  public funding for participating candidates shall be in the case of:
    35    (i)  Governor,  not  less  than  six hundred fifty thousand dollars in
    36  matchable contributions including at least  six  thousand  five  hundred
    37  matchable  contributions  comprised  of sums between ten and one hundred
    38  seventy-five dollars per contributor, from residents of New York state;
    39    (ii) Lieutenant governor, attorney general, and comptroller, not  less
    40  than  two  hundred thousand dollars in matchable contributions including
    41  at least two thousand matchable contributions comprised of sums  between
    42  ten and one hundred seventy-five dollars per contributor, from residents
    43  of New York state;
    44    (iii)  State senator, not less than twenty thousand dollars in matcha-
    45  ble contributions including at least two hundred matchable contributions
    46  comprised of sums between ten and one hundred seventy-five  dollars  per
    47  contributor,  from  residents of the district in which the seat is to be
    48  filled; and
    49    (iv) Member of the assembly, not less than  ten  thousand  dollars  in
    50  matchable   contributions  including  at  least  one  hundred  matchable
    51  contributions comprised of sums between ten and one hundred seventy-five
    52  dollars per contributor, from residents of the  district  in  which  the
    53  seat is to be filled.
    54    (b)  Any participating candidate meeting the threshold for eligibility
    55  in a primary election for one of the foregoing offices shall  be  deemed

        S. 1510--A                         14                         A. 2010--A
     1  to  have  met the threshold for eligibility for such office in any other
     2  subsequent election held in the same calendar year.
     3    (c)  The  board  shall  adjust the dollar amount of each threshold for
     4  eligibility fixed in this  section  by  the  amount  of  the  percentage
     5  difference  in  the consumer price index calculated and published by the
     6  board pursuant to paragraph e of subdivision one of  section  14-114  of
     7  this  article  to  the  closest  one hundred dollars. Not later than the
     8  first day of March in each such year, the board shall issue a regulation
     9  publishing the amount of  each  such  threshold  for  eligibility.  Each
    10  threshold  for  eligibility  as  so  adjusted shall be the threshold for
    11  eligibility in effect from the beginning  of  the  next  election  cycle
    12  until the beginning of the election cycle following the next adjustment,
    13  at  which time the next adjustment shall take effect. This process shall
    14  be repeated for each adjustment thereafter.   The one  hundred  seventy-
    15  five  dollar  maximum  amount for the matchable contributions that funds
    16  raised must be comprised of to meet the thresholds for  eligibility  for
    17  candidates  fixed  in  this  section  shall be adjusted by the amount of
    18  percentage difference to the closest one dollar by the board which,  not
    19  later than the first day of March in each such year, shall issue a regu-
    20  lation  publishing  such  maximum  amounts. The one hundred seventy-five
    21  dollar maximum amounts as so adjusted shall be in effect from the begin-
    22  ning of the next election cycle until  the  beginning  of  the  election
    23  cycle  following  the next adjustment, at which time the next adjustment
    24  shall take effect. This process shall be repeated  for  each  adjustment
    25  thereafter.
    26    §  14-205. Limits on public financing. The following limitations apply
    27  to the total amounts of public funds that may be provided to  a  partic-
    28  ipating candidate's authorized committee for an election cycle:
    29    1.  In  any primary election, receipt of public funds by participating
    30  candidates and by their participating committees shall not exceed:
    31    (i) for governor, the sum of eight million dollars;
    32    (ii) for lieutenant governor, comptroller or attorney general, the sum
    33  of four million dollars;
    34    (iii) for senator, the sum  of  three  hundred  seventy-five  thousand
    35  dollars;
    36    (iv)  for  member of the assembly, the sum of one hundred seventy-five
    37  thousand dollars.
    38    2. In any general or special election, receipt of public  funds  by  a
    39  participating  candidate's  authorized  committees  shall not exceed the
    40  following amounts:
    41  Candidates for election to the office of:
    42  Governor and lieutenant governor (combined)                  $10,000,000
    43  Attorney general                                             $4,000,000
    44  Comptroller                                                  $4,000,000
    45  Member of senate                                             $375,000
    46  Member of assembly                                           $175,000
    47    3. No participating candidate for nomination for an office who is  not
    48  opposed  by  a  candidate  on  the ballot in a primary election shall be
    49  entitled to payment of public matching funds, except that,  where  there
    50  is a contest in such primary election for the nomination of at least one
    51  of  the two political parties with the highest and second highest number
    52  of enrolled members for such office, a participating  candidate  who  is
    53  unopposed  in  the  primary election may receive public funds before the
    54  primary election, for expenses incurred on or before the  date  of  such
    55  primary  election, in an amount equal to up to half the sum set forth in
    56  paragraph one of this section.

        S. 1510--A                         15                         A. 2010--A
     1    4. Nothing in this section shall be construed to limit the  amount  of
     2  private  funds  a  participating  candidate  may  receive subject to the
     3  contribution limits for participating candidates  contained  in  section
     4  14-114 of this article.
     5    5.  The  board  shall  adjust  the amount of each public funds receipt
     6  limit fixed in this section by the amount of the  percentage  difference
     7  in the consumer price index calculated and published by the board pursu-
     8  ant  to paragraph e of subdivision one of section 14-114 of this article
     9  to the closest one hundred dollars. Not later  than  the  first  day  of
    10  March  in  each such year, the board shall issue a regulation publishing
    11  the amount of such limit. Each public fund receipt limit as so  adjusted
    12  shall  be the public funds receipt limit in effect from the beginning of
    13  the next election cycle  until  the  beginning  of  the  election  cycle
    14  following  the  next adjustment, at which time the next adjustment shall
    15  take effect. This process shall be repeated for each  adjustment  there-
    16  after.
    17    § 14-206. Payment of public matching funds. 1. Determination of eligi-
    18  bility.  No public matching funds shall be paid to an authorized commit-
    19  tee unless the board determines that the participating candidate has met
    20  the eligibility requirements of this title. Payment shall not exceed the
    21  amounts specified in subdivision two of this section, and shall be  made
    22  only  in  accordance with the provisions of this title. Such payment may
    23  be made only to the participating candidate's authorized  committee.  No
    24  public  matching  funds shall be used except as reimbursement or payment
    25  for qualified campaign expenditures actually and lawfully incurred or to
    26  repay loans used to pay qualified campaign expenditures.
    27    2. Calculation of payment. If the threshold for  eligibility  is  met,
    28  the participating candidate's authorized committee shall receive payment
    29  for  qualified  campaign  expenditures of six dollars of public matching
    30  funds for each one dollar of matchable contributions, for the first  one
    31  hundred  seventy-five dollars of eligible private funds per contributor,
    32  obtained and reported to the board in accordance with the provisions  of
    33  this title. The maximum payment of public matching funds shall be limit-
    34  ed  to  the  amounts  set  forth in section 14-205 of this title for the
    35  covered election.
    36    The board  shall  adjust  the  maximum  dollar  amount  for  matchable
    37  contributions  fixed in this subdivision by the amount of the percentage
    38  difference in the consumer price index calculated by the board  pursuant
    39  to  paragraph  e of subdivision one of section 14-114 of this article to
    40  the closest one dollar. Not later than the first day of  March  in  each
    41  year the board makes the contribution limit adjustment pursuant to para-
    42  graph  e of subdivision one of section 14-114 of this article, the board
    43  shall issue a regulation publishing the  amount  of  each  such  maximum
    44  dollar  amount.  The  maximum  dollar amount as so adjusted shall be the
    45  maximum dollar amount in effect from the beginning of the next  election
    46  cycle  until  the  beginning  of  the  election cycle following the next
    47  adjustment, at which time the next adjustment shall  take  effect.  This
    48  process shall be repeated for each adjustment thereafter.
    49    3.  Timing  of  payment.  The  board  shall make any payment of public
    50  matching funds to participating candidates as soon  as  is  practicable.
    51  But  in all cases, it shall verify eligibility for public matching funds
    52  within four days,  excluding  weekends  and  holidays,  of  receiving  a
    53  campaign  contribution report filed in compliance with section 14-104 of
    54  this article. Within two days of determining  that  a  candidate  for  a
    55  covered office is eligible for public matching funds, it shall authorize
    56  payment of the applicable matching funds owed to the candidate. However,

        S. 1510--A                         16                         A. 2010--A
     1  it shall not make any payments of public money earlier than the earliest
     2  dates  for  making  such  payments as provided by this title.  If any of
     3  such payments would require payment on a  weekend  or  federal  holiday,
     4  payment shall be made on the next business day.
     5    4.  Electronic  funds  transfer. The board shall, in consultation with
     6  the office of the comptroller, promulgate rules to facilitate electronic
     7  funds transfers directly from the campaign finance fund into an  author-
     8  ized committee's bank account.
     9    5.   Irregularly   scheduled   elections.  Notwithstanding  any  other
    10  provision of this title, the board shall promulgate rules to provide for
    11  the prompt issuance of public matching funds to  eligible  participating
    12  candidates  for qualified campaign expenditures in the case of any other
    13  covered election held on a day different from the day originally  sched-
    14  uled  including special elections. But in all cases, the board shall (a)
    15  within four days, excluding weekends and holidays, of receiving a report
    16  of contributions from a candidate for a covered office  claiming  eligi-
    17  bility for public matching funds verify that candidate's eligibility for
    18  public  matching  funds; and (b) within two days of determining that the
    19  candidate for a covered office is eligible for public matching funds, it
    20  shall authorize payment of the applicable matching  funds  owed  to  the
    21  candidate.
    22    §  14-207.  Use  of public matching funds; qualified campaign expendi-
    23  tures.  1. Public matching funds provided under the provisions  of  this
    24  title  may  be  used only by an authorized committee for expenditures to
    25  further  the  participating  candidate's  nomination  for  election   or
    26  election,  including  paying for debts incurred within one year prior to
    27  an election to further  the  participating  candidate's  nomination  for
    28  election or election.
    29    2. Such public matching funds may not be used for:
    30    (a) an expenditure in violation of any law;
    31    (b)  an  expenditure  in  excess of the fair market value of services,
    32  materials, facilities or other things of value received in exchange;
    33    (c) an expenditure made after the candidate has been finally disquali-
    34  fied from the ballot;
    35    (d) an expenditure made after  the  only  remaining  opponent  of  the
    36  candidate  has  been  finally  disqualified  from the general or special
    37  election ballot;
    38    (e) an expenditure made by cash payment;
    39    (f) a contribution or loan or  transfer  made  to  or  expenditure  to
    40  support  another  candidate or political committee or party committee or
    41  constituted committee;
    42    (g) an expenditure to support or oppose  a  candidate  for  an  office
    43  other than that which the participating candidate seeks;
    44    (h) gifts, except brochures, buttons, signs and other printed campaign
    45  material;
    46    (i) legal fees to defend against a criminal charge;
    47    (j)  payments  to immediate family members of the participating candi-
    48  date; or
    49    (k) any expenditure made to challenge the validity of any petition  of
    50  designation  or nomination or any certificate of nomination, acceptance,
    51  authorization, declination or substitution.
    52    § 14-208. Powers and duties of the board.  1. Advisory  opinions.  The
    53  board  shall  render advisory opinions with respect to questions arising
    54  under this title upon the written request of a candidate, an officer  of
    55  a  political  committee  or member of the public, or upon its own initi-
    56  ative.  The board shall promulgate rules regarding reasonable  times  to

        S. 1510--A                         17                         A. 2010--A
     1  respond  to  such requests. The board shall make public the questions of
     2  interpretation for which advisory opinions will  be  considered  by  the
     3  board and its advisory opinions, including by publication on its webpage
     4  with  identifying  information  redacted  as  the board determines to be
     5  appropriate.
     6    2. Public information and candidate education. The board shall develop
     7  a program for informing candidates and the public as to the purpose  and
     8  effect of the provisions of this title, including by means of a webpage.
     9  The board shall prepare in plain language and make available educational
    10  materials,  including  compliance manuals and summaries and explanations
    11  of the purposes and provisions of this title. The board shall prepare or
    12  have prepared and make available materials,  including,  to  the  extent
    13  feasible,  computer  software, to facilitate the task of compliance with
    14  the disclosure and record-keeping requirements of this title.
    15    3. Rules and regulations.  The  board  shall  have  the  authority  to
    16  promulgate such rules and regulations and provide such forms as it deems
    17  necessary for the administration of this title.
    18    4.  Database.  The  board  shall  develop  an  interactive, searchable
    19  computer database that shall contain all information necessary  for  the
    20  proper  administration  of  this title including information on contrib-
    21  utions to and expenditures by candidates and their authorized committee,
    22  independent expenditures in support  or  opposition  of  candidates  for
    23  covered  offices,  and distributions of moneys from the fund. Such data-
    24  base shall be accessible to the public on the board's webpage.
    25    5. The board shall work with the chief enforcement counsel to  enforce
    26  this section.
    27    § 14-209. Audits and repayments.  1. Audits. (a) The board shall audit
    28  and  examine  all  matters relating to the proper administration of this
    29  title and shall complete such audit no later than  one  year  after  the
    30  election  in question.  This deadline shall not apply in cases involving
    31  potential campaign-related fraud,  knowing  and  willful  violations  of
    32  article fourteen of this chapter, or criminal activity.
    33    (b)  Every  participating  candidate for statewide office who receives
    34  public funds under this title shall be audited by the board.
    35    (c) Except as provided in paragraph (b) of this subdivision, the board
    36  shall select not more than fifty percent of all participating candidates
    37  in covered elections for audit through a  lottery.  A  separate  lottery
    38  shall  be  conducted  for each office. The board shall select senate and
    39  assembly districts to be audited, auditing every participating candidate
    40  in each selected district, while ensuring that  the  number  of  audited
    41  candidates  within  those districts does not exceed fifty percent of all
    42  participating candidates for the relevant office. The lottery for senate
    43  and assembly elections shall be weighted to increase the likelihood that
    44  a district for the relevant office is audited based on how frequently it
    45  has not been selected  for  auditing  during  the  past  three  election
    46  cycles.  The  board  shall  promulgate  rules  concerning  the method of
    47  weighting the senate and assembly lotteries,  including  provisions  for
    48  the first three election cycles for each office.
    49    (d) The cost of complying with a post-election audit shall be borne by
    50  the  candidate's  authorized committee using public funds, private funds
    51  or any combination of such funds. Candidates who run in any  primary  or
    52  general  election must maintain a reserve of three percent of the public
    53  funds received to comply with the post-election audit.
    54    (e) The board shall issue to  each  campaign  audited  a  final  audit
    55  report that details its findings.

        S. 1510--A                         18                         A. 2010--A
     1    2.  Repayments.  (a)  If  the board determines that any portion of the
     2  payment made to a candidate's authorized committee from the fund was  in
     3  excess  of  the  aggregate  amount  of  payments that such candidate was
     4  eligible to receive pursuant to this title, it shall notify such commit-
     5  tee  and  such  committee  shall pay to the board an amount equal to the
     6  amount of excess payments. Provided,  however,  that  if  the  erroneous
     7  payment  was  the  result  of  an error by the board, then the erroneous
     8  payment will be deducted from any future payment,  if  any,  and  if  no
     9  future  payment is to be made then neither the candidate nor the commit-
    10  tee shall be liable to repay the excess amount to the board. The  candi-
    11  date, the treasurer and the candidate's authorized committee are jointly
    12  and severally liable for any repayments to the board.
    13    (b)  If the board determines that any portion of the payment made to a
    14  candidate's authorized committee from the fund  was  used  for  purposes
    15  other  than  qualified  campaign expenditures and such expenditures were
    16  not approved by the board, it shall notify such committee of the  amount
    17  so  disqualified  and  such  committee  shall pay to the board an amount
    18  equal to such disqualified amount. The candidate, the treasurer and  the
    19  candidate's  authorized  committee  are jointly and severally liable for
    20  any repayments to the board.
    21    (c) If the total of payments from the fund received by a participating
    22  candidate and his or her authorized committee exceed the total  campaign
    23  expenditures  of such candidate and authorized committee for all covered
    24  elections held in the same calendar year or for a  special  election  to
    25  fill a vacancy, such candidate and committee shall use such excess funds
    26  to reimburse the fund for payments received by such authorized committee
    27  from  the  fund  during such calendar year or for such special election.
    28  Participating candidates shall pay to the board unspent public  campaign
    29  funds  from  an  election  not  later  than  twenty-seven days after all
    30  liabilities for the election have been paid and in any event, not  later
    31  than  the  day  on which the board issues its final audit report for the
    32  participating candidate's authorized committee; provided, however,  that
    33  all unspent public campaign funds for a participating candidate shall be
    34  immediately  due  and  payable  to the board upon a determination by the
    35  board that the  participant  has  delayed  the  post-election  audit.  A
    36  participating  candidate may make post-election expenditures with public
    37  funds only for routine activities involving nominal cost associated with
    38  winding up a campaign and responding to the post-election audit.   Noth-
    39  ing  in  this  title shall be construed to prevent a candidate or his or
    40  her authorized committee from using campaign contributions received from
    41  private contributors for otherwise lawful expenditures.
    42    3. Rules and regulations.  The board shall promulgate regulations  for
    43  the  certification  of  the  amount of funds payable by the comptroller,
    44  from the fund established pursuant to section ninety-two-t of the  state
    45  finance  law, to a participating candidate that has qualified to receive
    46  such payment. These  regulations  shall  include  the  promulgation  and
    47  distribution  of forms on which contributions and expenditures are to be
    48  reported, the periods during which such reports must be  filed  and  the
    49  verification  required.  The board shall institute procedures which will
    50  make possible payment by  the  fund  within  four  business  days  after
    51  receipt of the required forms and verifications.
    52    §   14-210.   Enforcement  and  penalties  for  violations  and  other
    53  proceedings.  1. Civil penalties. Violations of any  provision  of  this
    54  title  or  rule promulgated pursuant to this title shall be subject to a
    55  civil penalty in an amount not in excess of fifteen thousand dollars.
    56    2. Notice of violation and opportunity to contest. The board shall:

        S. 1510--A                         19                         A. 2010--A
     1    (a) determine whether a violation of any provision of  this  title  or
     2  rule promulgated hereunder has been committed;
     3    (b) give written notice and the opportunity to contest before an inde-
     4  pendent  hearing  officer  to  each  person  or  entity it has reason to
     5  believe has committed a violation;
     6    (c) if appropriate, assess penalties for  violations,  following  such
     7  notice and opportunity to contest; and
     8    (d)  any formal or informal advisory opinion issued by a majority vote
     9  of the commissioners of the state board of elections to a  participating
    10  candidate  in  connection  with any action under this title, when relied
    11  upon in good faith, shall be presumptive evidence that such candidate or
    12  his or  her  committee  did  not  knowingly  or  willfully  violate  the
    13  provisions of this title.
    14    3.  Criminal conduct. Any person who knowingly and willfully furnishes
    15  or submits false statements or information to the  board  in  connection
    16  with  its administration of this title, shall be guilty of a misdemeanor
    17  in addition to any other penalty as may be imposed under this chapter or
    18  pursuant to any other law. The chief enforcement counsel shall  seek  to
    19  recover  any public matching funds obtained as a result of such criminal
    20  conduct.
    21    4. Proceedings as to public financing. (a) The determination of eligi-
    22  bility pursuant to this title and any  question  or  issue  relating  to
    23  payments  for  campaign  expenditures  pursuant  to  this  title  may be
    24  contested in a proceeding instituted in the Supreme court, Albany  coun-
    25  ty, by any aggrieved candidate.
    26    (b)  A  proceeding with respect to such a determination of eligibility
    27  or payment for qualified campaign expenditures pursuant to this  chapter
    28  shall  be  instituted  within fourteen days after such determination was
    29  made. The board shall be made a party to any such proceeding.
    30    (c) Upon the board's failure to receive the amount due from a  partic-
    31  ipating  candidate  or  such  candidate's authorized committee after the
    32  issuance of written notice of such  amount  due,  as  required  by  this
    33  title,  the  chief  enforcement  counsel  is  authorized  to institute a
    34  special proceeding or civil action in Supreme Court, Albany  county,  to
    35  obtain  a judgment for any amounts determined to be payable to the board
    36  as a result of an examination and audit made pursuant to this  title  or
    37  to obtain such amounts directly from the candidate or authorized commit-
    38  tee after a hearing at the board.
    39    (d) The chief enforcement counsel is authorized to institute a special
    40  proceeding  or civil action in Supreme Court, Albany county, to obtain a
    41  judgment for civil penalties determined  to  be  payable  to  the  board
    42  pursuant  to this title or to impose such penalty directly after a hear-
    43  ing at the board.
    44    § 14-211. Reports. The board shall review and evaluate the  effect  of
    45  this  title  upon  the  conduct of election campaigns and shall submit a
    46  report to the legislature on or before January first, two thousand twen-
    47  ty-one, and every third year thereafter, and at any other time upon  the
    48  request  of  the  governor  and  at  such other times as the board deems
    49  appropriate. These reports shall include:
    50    1. a list of the  participating  and  nonparticipating  candidates  in
    51  covered  elections  and  the  votes  received by each candidate in those
    52  elections;
    53    2. the amount of contributions and loans  received,  and  expenditures
    54  made, on behalf of these candidates;
    55    3.  the  amount  of public matching funds each participating candidate
    56  received, spent, and repaid pursuant to this title;

        S. 1510--A                         20                         A. 2010--A
     1    4. analysis of the  effect  of  this  title  on  political  campaigns,
     2  including  its  effect  on the sources and amounts of private financing,
     3  the level of campaign expenditures, voter participation, the  number  of
     4  candidates,  the  candidates' ability to campaign effectively for public
     5  office,  and  the diversity of candidates seeking and elected to office;
     6  and
     7    5. recommendations for amendments to this title, including changes  in
     8  contribution  limits, thresholds for eligibility, and any other features
     9  of the system.
    10    § 14-212. Debates for candidates for  statewide  office.    The  board
    11  shall  promulgate  regulations to facilitate debates among participating
    12  candidates who seek election to statewide office.  Participating  candi-
    13  dates are required to participate in one debate before each election for
    14  which  the  candidate  receives  public  funds, unless the participating
    15  candidate is running unopposed. Nonparticipating candidates may  partic-
    16  ipate in such debates.
    17    §  14-213. Severability.   If any clause, sentence, subdivision, para-
    18  graph, section or part of this title be adjudged by any court of  compe-
    19  tent  jurisdiction to be invalid, such judgment shall not affect, impair
    20  or invalidate the remainder thereof, but shall be confined in its opera-
    21  tion to the clause, sentence, subdivision, paragraph,  section  or  part
    22  thereof  directly  involved  in  the  controversy in which such judgment
    23  shall have been rendered.
    24    § 9. The state finance law is amended by adding a new section 92-t  to
    25  read as follows:
    26    §  92-t.  New  York  state  campaign  finance fund. 1. There is hereby
    27  established in the joint  custody  of  the  state  comptroller  and  the
    28  commissioner  of taxation and finance a fund to be known as the New York
    29  state campaign finance fund.
    30    2. Such fund shall consist of all revenues received from the New  York
    31  state  campaign  finance  fund  check-off  pursuant to subsection (h) of
    32  section six hundred fifty-eight of the tax law, from the abandoned prop-
    33  erty fund pursuant to section ninety-five  of  this  article,  from  the
    34  general  fund, and from all other moneys credited or transferred thereto
    35  from any other fund or source pursuant to law.   Such  fund  shall  also
    36  receive  contributions from private individuals, organizations, or other
    37  persons to fulfill the purposes of the public financing system.
    38    3. Moneys of the fund, following appropriation by the legislature, may
    39  be expended for the purposes of making payments to  candidates  pursuant
    40  to title two of article fourteen of the election law and for administra-
    41  tive  expenses  related to the implementation of article fourteen of the
    42  election law. Moneys shall be paid out of the fund by  the  state  comp-
    43  troller  on  vouchers  certified  or  approved  by  the  state  board of
    44  elections,  or  its  duly  designated  representative,  in  the   manner
    45  prescribed by law, not more than five working days after such voucher is
    46  received by the state comptroller.
    47    4.  Notwithstanding  any  provision of law to the contrary, if, in any
    48  state fiscal year, the state campaign finance fund lacks the  amount  of
    49  money  to  pay all claims vouchered by eligible candidates and certified
    50  or approved by the state board of elections, any such  deficiency  shall
    51  be  paid  by  the state comptroller, from funds deposited in the general
    52  fund of the state not more than four working days after such voucher  is
    53  received by the state comptroller.
    54    5.  Commencing  in  two thousand twenty, if the surplus in the fund on
    55  April first of the year after a year in  which  a  governor  is  elected
    56  exceeds  twenty-five percent of the disbursements from the fund over the

        S. 1510--A                         21                         A. 2010--A
     1  previous four years, the excess shall revert to the general fund of  the
     2  state.
     3    6.  No public funds shall be paid to any participating candidates in a
     4  primary  election  any  earlier  than  thirty  days  after   designating
     5  petitions  or  certificates  of nomination have been filed and not later
     6  than thirty days after such primary election.
     7    7. No public funds shall be paid to any participating candidates in  a
     8  general  election  any earlier than the day after the day of the primary
     9  election held to nominate candidates for such election.
    10    8. No public funds shall be paid to any participating candidates in  a
    11  special  election  any  earlier  than the day after the last day to file
    12  certificates of party nomination for such special election.
    13    9. No public funds shall be paid to any  participating  candidate  who
    14  has  been disqualified or whose designating petitions have been declared
    15  invalid by the appropriate board of elections or a  court  of  competent
    16  jurisdiction until and unless such finding is reversed by a higher court
    17  in a final judgment.  No payment from the fund in the possession of such
    18  a  candidate  or such candidate's participating committee on the date of
    19  such disqualification or invalidation may thereafter be expended for any
    20  purpose except the payment of liabilities  incurred  before  such  date.
    21  All such moneys shall be repaid to the fund.
    22    §  10.  Section 95 of the state finance law is amended by adding a new
    23  subdivision 5 to read as follows:
    24    5. (a) As often as necessary, the co-chairs  of  the  state  board  of
    25  elections shall certify the amount such co-chairs have determined neces-
    26  sary  to  fund  estimated  payments from the fund established by section
    27  ninety-two-t of  this  article  for  the  primary,  general  or  special
    28  election.
    29    (b)  Notwithstanding  any  provision  of  this section authorizing the
    30  transfer of any moneys in the abandoned property  fund  to  the  general
    31  fund, the comptroller, after receiving amounts  sufficient to pay claims
    32  against  the  abandoned property fund, shall, based upon a certification
    33  of the state board of elections pursuant to paragraph (a) of this subdi-
    34  vision, and at the direction of the director of the budget, transfer the
    35  requested amount from remaining available monies in the abandoned  prop-
    36  erty  fund  to  the campaign finance fund established by section ninety-
    37  two-t of this article.
    38    § 11. Section 658 of the tax law is amended by adding a new subsection
    39  (h) to read as follows:
    40    (h) New York state campaign finance fund check-off. (1) For each taxa-
    41  ble year beginning on and after January first,  two  thousand  nineteen,
    42  every  resident  taxpayer  whose New York state income tax liability for
    43  the taxable year for which the return is filed is forty dollars or  more
    44  may  designate  on  such  return that forty dollars be paid into the New
    45  York state campaign finance fund established by section ninety-two-t  of
    46  the  state finance law. Where a husband and wife file a joint return and
    47  have a New York state income tax liability  for  the  taxable  year  for
    48  which  the  return  is filed is eighty dollars or more, or file separate
    49  returns on a single form, each such taxpayer may  make  separate  desig-
    50  nations  on  such  return  of forty dollars to be paid into the New York
    51  state campaign finance fund.
    52    (2) The commissioner shall transfer to the  New  York  state  campaign
    53  finance  fund, established pursuant to section ninety-two-t of the state
    54  finance law, an amount equal to forty dollars multiplied by  the  number
    55  of designations.

        S. 1510--A                         22                         A. 2010--A
     1    (3)  For  purposes  of this subsection, the income tax liability of an
     2  individual for any taxable year is the amount of tax imposed under  this
     3  article  reduced  by  the  sum  of  the  credits (as shown in his or her
     4  return) allowable under this article.
     5    (4)  The department shall include a place on every personal income tax
     6  return form to be filed by an individual for a tax year beginning on  or
     7  after  January  first,  two thousand nineteen, for such taxpayer to make
     8  the designations described in paragraph one  of  this  subsection.  Such
     9  return  form  shall contain a concise explanation of the purpose of such
    10  optional designations.
    11    § 12. Paragraph (a)  of  subdivision  9-A  of  section  3-102  of  the
    12  election  law, as amended by chapter 406 of the laws of 2005, is amended
    13  to read as follows:
    14    9-A. (a) develop an electronic reporting system to process the  state-
    15  ments  of  campaign  receipts, contributions, transfers and expenditures
    16  required to be filed  with  any  board  of  elections  pursuant  to  the
    17  provisions of sections 14-102, [and] 14-104, and 14-201 of this chapter;
    18    §  13.  Severability. If any clause, sentence, subdivision, paragraph,
    19  section or part of title II of article 14 of the election law, as  added
    20  by  section  three  of  this  act  be adjudged by any court of competent
    21  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
    22  invalidate the remainder thereof, but shall be confined in its operation
    23  to the clause, sentence, subdivision, paragraph, section or part thereof
    24  directly  involved  in the controversy in which such judgment shall have
    25  been rendered.
    26    § 14. This act shall take effect immediately; provided,  however,  all
    27  affected  candidates will be eligible to participate in voluntary public
    28  financing beginning with the 2020 primary election.
    29                                   PART C
    30    Section 1. Short title. This act shall be known as and may be cited as
    31  the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
    32    § 2. Declaration of Legislative Intent. The right to vote is a  funda-
    33  mental  right, the well-spring of all others, secured by the federal and
    34  state constitutions. On-line forms of communication and conducting tran-
    35  sactions did not exist at the time New York's paper-based  voter  regis-
    36  tration  system  was enacted. In the last twenty years, many paper-based
    37  processes have migrated  to  on-line  processes,  including  filing  tax
    38  returns,  applying  for social security benefits, routine banking trans-
    39  actions, official communications and purchase transactions of all types.
    40  This on-line migration has improved cost efficiency, increased  accessi-
    41  bility  and provided greater convenience to the public in many contexts.
    42  The predominantly paper-based voter registration application process  in
    43  New  York  is  antiquated  and  must  be supplemented with on-line voter
    44  registration.  To remove unnecessary burdens to the fundamental right of
    45  the people to vote, the State Board of  Elections  shall  establish  the
    46  Voter  Enfranchisement Modernization Program for the purpose of increas-
    47  ing opportunities for voter registration by any person who is  qualified
    48  to  be a voter under Article II of the New York State Constitution. This
    49  effort modernizes voter registration  and  supplements  the  methods  of
    50  voter registration provided under current law.
    51    §  3. Article 5 of the election law is amended by adding a new title 8
    52  to read as follows:
    53                                 TITLE VIII
    54               ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS

        S. 1510--A                         23                         A. 2010--A
     1  Section 5-800. Electronic voter registration transmittal system.
     2          5-802. Online voter registration application.
     3          5-804. Failure  to  provide  exemplar  signature  not to prevent
     4                   registration.
     5    § 5-800. Electronic voter registration transmittal system. In addition
     6  to any other means of voter registration provided for by  this  chapter,
     7  the  state board of elections shall establish and maintain an electronic
     8  voter registration transmittal system through which applicants may apply
     9  to register to vote online.  The state board of  elections  shall  elec-
    10  tronically  transmit  such  applications  to  the  applicable  board  of
    11  elections of each county or the city of New York for filing,  processing
    12  and  verification consistent with this chapter. In accordance with tech-
    13  nical specifications provided by the  state  board  of  elections,  each
    14  board of elections shall maintain a voter registration system capable of
    15  receiving  and  processing  voter  registration application information,
    16  including electronic signatures, from the electronic voter  registration
    17  transmittal system established by the state board of elections. Notwith-
    18  standing  any other inconsistent provision of this chapter, applications
    19  filed using such system shall be considered filed  with  the  applicable
    20  board  of  elections  on  the calendar date the application is initially
    21  transmitted by the voter through the electronic voter registration tran-
    22  smittal system.
    23    § 5-802. Online voter registration application. 1. A  voter  shall  be
    24  able  to  apply to register to vote using a personal online voter regis-
    25  tration application submitted through the electronic voter  registration
    26  transmittal system when the voter:
    27    (a) completes an electronic voter registration application promulgated
    28  by  the  state  board  of elections which shall include all of the voter
    29  registration information required by section 5-210 of this article; and
    30    (b) affirms, subject to penalty of perjury, by means of electronic  or
    31  manual  signature, that the information contained in the voter registra-
    32  tion application is true and that the applicant meets all of the  quali-
    33  fications to become a registered voter; and
    34    (c)  consents  to  the  use  of an electronic copy of the individual's
    35  manual signature that is in the custody of the department of motor vehi-
    36  cles, the state board  of  elections,  or  other  agency  designated  by
    37  sections  5-211  or  5-212  of  this  article, as the individual's voter
    38  registration exemplar signature, or provides such a signature by  direct
    39  upload  in  a  manner  that  complies with the New York state electronic
    40  signature and records act and the rules and regulations  promulgated  by
    41  the state board of elections.
    42    2.  The  board  of  elections  shall provide the personal online voter
    43  registration application in any language required by the federal  Voting
    44  Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    45    3.  The  online  voter  registration application process shall provide
    46  reasonable accommodations to  improve  accessibility  for  persons  with
    47  disabilities,  and  shall  be  compatible  for  use with standard online
    48  accessibility assistance tools for  persons  with  visual,  physical  or
    49  perceptive disabilities.
    50    4. The state board of elections shall promulgate rules and regulations
    51  for  the  creation  and  administration  of an online voter registration
    52  system pursuant to this section.
    53    § 5-804. Failure to provide exemplar signature not to  prevent  regis-
    54  tration.  1.  If a voter registration exemplar signature is not provided
    55  by an applicant who submits a voter registration application pursuant to
    56  this title, the local board shall seek to obtain such exemplar signature

        S. 1510--A                         24                         A. 2010--A
     1  from the statewide voter  registration  database,  the  state  board  of
     2  elections,  or  a  state  or local agency designated by section 5-211 or
     3  5-212 of this article.
     4    2.  If  such  exemplar  signature  is not available from the statewide
     5  voter registration database, the state board of elections, or a state or
     6  local agency designated by section 5-211 or 5-212 of this  article,  the
     7  local  board  of  elections  shall,  absent another reason to reject the
     8  application, proceed to register and, as applicable, enroll  the  appli-
     9  cant.  Within ten days of such action, the board of elections shall send
    10  a standard form promulgated by the state board of elections to the voter
    11  whose record lacks an exemplar signature, requiring such voter to submit
    12  a signature for identification purposes.  The voter shall submit to  the
    13  board of elections a voter registration exemplar signature by any one of
    14  the  following  methods:  in  person,  by  mail with return postage paid
    15  provided by the board of elections, by electronic mail, or by electronic
    16  upload to the board of elections through the electronic voter  registra-
    17  tion  transmittal  system.  If  such voter does not provide the required
    18  exemplar signature, when the voter appears to vote the  voter  shall  be
    19  entitled  to vote in the same manner as a voter with a notation indicat-
    20  ing the voter's identity  has  not  yet  been  verified  in  the  manner
    21  provided by section 8-302 of this chapter.
    22    §  4.    This act shall take effect on the earlier occurrence of:  (i)
    23  two years after it shall have become a law; provided, however, the state
    24  board of elections shall be authorized to implement necessary rules  and
    25  regulations  and to take steps required to implement this act immediate-
    26  ly; or (ii) five days after the date of certification by the state board
    27  of elections that the information technology infrastructure to  substan-
    28  tially  implement  this  act is functional.   Provided, further that the
    29  state board of elections shall  notify  the  legislative  bill  drafting
    30  commission  upon  the  occurrence  of  the  enactment of the legislation
    31  provided for in this act in order that the commission  may  maintain  an
    32  accurate and timely effective data base of the official text of the laws
    33  of  the  state of New York in furtherance of effectuating the provisions
    34  of section 44 of the legislative law and  section  70-b  of  the  public
    35  officers law.
    36                                   PART D
    37    Section  1.   Section 3-400 of the election law is amended by adding a
    38  new subdivision 9 to read as follows:
    39    9.  Notwithstanding  any  inconsistent  provisions  of  this  article,
    40  election  inspectors or poll clerks, if any, at polling places for early
    41  voting, shall consist of either board of elections employees  who  shall
    42  be  appointed by the commissioners of such board or duly qualified indi-
    43  viduals, appointed in the manner set forth in this section. Appointments
    44  to the offices of election inspector or poll clerk in each polling place
    45  for early voting shall be equally divided between  the  major  political
    46  parties.  The  board  of  elections  shall  assign staff and provide the
    47  resources they require to ensure wait times at early voting sites do not
    48  exceed thirty minutes.
    49    § 2. Section 4-117 of the election  law  is  amended  by  addinga  new
    50  subdivision 1-a to read as follows:
    51    1-a.  The  notice  required  by  subdivision one of this section shall
    52  include the dates, hours and locations of early voting for  the  general
    53  and  primary  election.  The  board  of elections may satisfy the notice
    54  requirement of this subdivision by providing in the notice  instructions

        S. 1510--A                         25                         A. 2010--A
     1  to  obtain  the  required early voting information from a website of the
     2  board of elections and providing a phone number to call for such  infor-
     3  mation.
     4    § 3. Subdivision 2 of section 8-100 of the election law, as amended by
     5  chapter 367 of the laws of 2017, is amended to read as follows:
     6    2. Polls shall be open for voting during the following hours: a prima-
     7  ry  election from twelve o'clock noon until nine o'clock in the evening,
     8  except in the city of New York and  the  counties  of  Nassau,  Suffolk,
     9  Westchester,  Rockland,  Orange,  Putnam, Dutchess and Erie, and in such
    10  city or county from six o'clock in the morning until nine o'clock in the
    11  evening; the general election from six o'clock in the morning until nine
    12  o'clock in the evening; a special election called by the governor pursu-
    13  ant to the public officers law, and, except  as  otherwise  provided  by
    14  law,  every  other  election, from six o'clock in the morning until nine
    15  o'clock in the evening; early voting  hours  shall  be  as  provided  in
    16  section 8-600 of this article.
    17    §  4. Subdivision 1 of section 8-102 of the election law is amended by
    18  adding a new paragraph (k) to read as follows:
    19    (k) Voting at each polling place for early voting shall  be  conducted
    20  in  a  manner  consistent  with the provisions of this article, with the
    21  exception of the tabulation and proclamation of election  results  which
    22  shall  be  completed according to subdivisions eight and nine of section
    23  8-600 of this article.
    24    § 5. Section 8-104 of the election law is  amended  by  adding  a  new
    25  subdivision 7 to read as follows:
    26    7.  This  section shall apply on all early voting days as provided for
    27  in section 8-600 of this article.
    28    § 6. Paragraph (b) of subdivision 2 of section 8-508 of  the  election
    29  law,  as  amended by chapter 200 of the laws of 1996, is amended to read
    30  as follows:
    31    (b) The second section of such report shall be reserved for the  board
    32  of  inspectors to enter the name, address and registration serial number
    33  of each person who is challenged on the day of election or on any day in
    34  which there is early voting pursuant to section 8-600 of  this  article,
    35  together  with  the  reason  for the challenge.   If no voters are chal-
    36  lenged, the board of inspectors shall enter the  words  "No  Challenges"
    37  across  the  space reserved for such names. In lieu of preparing section
    38  two of the challenge report, the board of elections may provide, next to
    39  the name of each voter on the computer generated  registration  list,  a
    40  place  for the inspectors of election to record the information required
    41  to be entered in such section two, or provide at the end of such comput-
    42  er generated registration list, a place for the inspectors  of  election
    43  to enter such information.
    44    §  7. Article 8 of the election law is amended by adding a new title 6
    45  to read as follows:
    46                                  TITLE VI
    47                                EARLY VOTING
    48  Section 8-600. Early voting.
    49          8-602. State board of elections; powers  and  duties  for  early
    50                   voting.
    51    §  8-600.  Early  voting. 1. Beginning the thirteenth day prior to any
    52  general, primary or special election for any public or party office, and
    53  ending on and including the second day prior to such general, primary or
    54  special election for such public or party office,  persons  duly  regis-
    55  tered  and  eligible to vote at such election shall be permitted to vote
    56  as provided in this title.   The  board  of  elections  shall  establish

        S. 1510--A                         26                         A. 2010--A
     1  procedures,  which  shall  be consistent with this chapter and the regu-
     2  lations of the state board of elections, to ensure that persons who vote
     3  during the early voting period shall not be  permitted  to  vote  subse-
     4  quently in the same election.
     5    2. (a) The board of elections shall designate polling places for early
     6  voting  in  each  county,  which may include the offices of the board of
     7  elections, for persons to vote early pursuant  to  this  section.  There
     8  shall be so designated at least one early voting polling place for every
     9  full  increment  of  fifty  thousand  registered  voters in each county;
    10  provided, however, the number of early voting polling places in a county
    11  shall not be required to be greater than seven, and a county with  fewer
    12  than  fifty thousand voters shall have at least one early voting polling
    13  place.
    14    (b) The board of elections may establish additional polling places for
    15  early voting in excess of the minimum number required by  this  subdivi-
    16  sion  for  the convenience of eligible voters wishing to vote during the
    17  early voting period.
    18    (c) Notwithstanding the minimum number  of  early  voting  poll  sites
    19  otherwise  required  by  this  subdivision,  for  any primary or special
    20  election, upon majority vote of the board of elections,  the  number  of
    21  early  voting  sites may be reduced if the board of elections reasonably
    22  determines a lesser number of sites is sufficient to meet the  needs  of
    23  early voters.
    24    (d) Polling places for early voting shall be located to ensure, to the
    25  extent  practicable,  that eligible voters have equitable access to such
    26  polling places, taking into  consideration  population  density,  travel
    27  time to the polling place, proximity to other early voting polling plac-
    28  es, commonly used transportation routes, public transportation, and such
    29  other  factors  the board of elections deems appropriate. The provisions
    30  of section 4-104 of this chapter, except subdivisions four and  five  of
    31  such section, shall apply to the designation of polling places for early
    32  voting  except  to the extent such provisions are inconsistent with this
    33  section.
    34    3. Any person permitted to vote early may do so at any  polling  place
    35  for early voting established pursuant to subdivision two of this section
    36  in the county where such voter is registered to vote. Provided, however,
    37  (i)  if it is impractical to provide each polling place for early voting
    38  all appropriate ballots for each election to be voted on in the  county,
    39  or  (ii)  if  permitting such persons to vote early at any polling place
    40  established for early voting would make it impractical  to  ensure  that
    41  such  voter  has  not  previously  voted early during such election, the
    42  board of elections may designate each polling  place  for  early  voting
    43  only  for  those voters registered to vote in a portion of the county to
    44  be served by such polling place for  early  voting,  provided  that  all
    45  voters  in  each  county  shall have one or more polling places at which
    46  they are eligible to vote  throughout  the  early  voting  period  on  a
    47  substantially equal basis.
    48    4.  (a)  Polls shall be open for early voting for at least eight hours
    49  between seven o'clock in the morning and eight o'clock  in  the  evening
    50  each week day during the early voting period.
    51    (b)  At  least  one  polling  place for early voting shall remain open
    52  until eight o'clock in the evening on at least two  week  days  in  each
    53  calendar  week  during  the early voting period.   If polling places for
    54  early voting are limited to voters from certain areas pursuant to subdi-
    55  vision three of this section, polling  places  that  remain  open  until
    56  eight  o'clock shall be designated such that any person entitled to vote

        S. 1510--A                         27                         A. 2010--A
     1  early may vote until eight o'clock in the evening on at least  two  week
     2  days during the early voting period.
     3    (c)  Polls  shall  be  open  for  early voting for at least five hours
     4  between nine o'clock in the morning and six o'clock in  the  evening  on
     5  each Saturday, Sunday and legal holiday during the early voting period.
     6    (d)  Nothing  in this section shall be construed to prohibit any board
     7  of elections from establishing a greater  number  of  hours  for  voting
     8  during  the  early  voting period beyond the number of hours required in
     9  this subdivision.
    10    (e) Early voting polling places and their hours of operation for early
    11  voting at a general election shall be designated pursuant to subdivision
    12  one of section 4-104 of this chapter. Notwithstanding the provisions  of
    13  subdivision  one  of  section  4-104 of this chapter requiring poll site
    14  designation by May first, early voting polling places and their hours of
    15  operation for early voting for a primary or special  election  shall  be
    16  made  not  later  than  forty-five  days  before such primary or special
    17  election.
    18    5. Each board of elections shall create a communication plan to inform
    19  eligible voters of the opportunity to vote early.  Such plan may utilize
    20  any and all media outlets, including social media, and shall  publicize:
    21  the  location and dates and hours of operation of all polling places for
    22  early voting; an indication of whether each polling place is  accessible
    23  to  voters with physical disabilities; a clear and unambiguous notice to
    24  voters that if they cast a ballot during the early  voting  period  they
    25  will  not  be  allowed  to  vote election day; and if polling places for
    26  early voting are limited to voters from certain areas pursuant to subdi-
    27  vision three of this section, the location of  the  polling  places  for
    28  early  voting  serving the voters of each particular city, town or other
    29  political subdivision.
    30    6. The form of paper ballots used in early voting  shall  comply  with
    31  the  provisions  of article seven of this chapter that are applicable to
    32  voting by paper ballot on election day and such ballot shall be cast  in
    33  the  same  manner  as  provided  for  in  section 8-312 of this article,
    34  provided, however, that ballots cast  during  the  early  voting  period
    35  shall be secured in the manner of voted ballots cast on election day and
    36  such ballots shall not be canvassed or examined until after the close of
    37  the  polls  on  election  day, and no unofficial tabulations of election
    38  results shall be printed or viewed in any manner until after  the  close
    39  of polls on election day.
    40    7.  Voters  casting ballots pursuant to this title shall be subject to
    41  challenge as provided in sections 8-500, 8-502 and 8-504 of  this  arti-
    42  cle.
    43    8. Notwithstanding any other provisions of this chapter, at the end of
    44  each  day  of  early voting, any early voting ballots that have not been
    45  scanned because a ballot scanner was not available or because the ballot
    46  has been abandoned by the voter at the ballot scanner shall be cast in a
    47  manner consistent with section 9-110 of this chapter,  except  that  any
    48  ballots that would otherwise be scanned at the close of the polls pursu-
    49  ant  to  such  section shall be scanned at the close of each day's early
    50  voting.
    51    9. The board of elections shall secure all ballots and  scanners  used
    52  for  early  voting from the beginning of the early voting period through
    53  the close of the polls of the election on election day. As soon  as  the
    54  polls  of  the  election  are  closed  on  election day, and not before,
    55  inspectors or board of elections employees  shall  follow  all  relevant
    56  provisions  of  article  nine  of this chapter that are not inconsistent

        S. 1510--A                         28                         A. 2010--A
     1  with this section, for canvassing, processing, recording, and announcing
     2  results of voting at polling  places  for  early  voting,  and  securing
     3  ballots, scanners, and other election materials.
     4    10. This title shall not apply to village elections conducted pursuant
     5  to article fifteen and title two of article six of this chapter.
     6    § 8-602. State board of elections; powers and duties for early voting.
     7  Any   rule  or  regulation  necessary  for  the  implementation  of  the
     8  provisions of this title shall be promulgated  by  the  state  board  of
     9  elections  provided  that  such  rules  and  regulations  shall  include
    10  provisions to ensure that ballots cast  early,  by  any  method  allowed
    11  under  law,  are  counted  and canvassed as if cast on election day. The
    12  state board of elections shall promulgate  any  other  rules  and  regu-
    13  lations  necessary  to ensure an efficient and fair early voting process
    14  that respects the privacy of the voter.  Provided,  further,  that  such
    15  rules  and  regulations shall require that the voting history record for
    16  each voter be continually updated to  reflect  each  instance  of  early
    17  voting by such voter.
    18    §  8. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become a law and shall apply to  any
    20  election held 120 days or more after it shall have taken effect.
    21                                   PART E
    22  Section  1.  This  part  enacts into law major components of legislation
    23  relating to elections. Each  component  is  wholly  contained  within  a
    24  Subpart  identified as Subparts A through B. The effective date for each
    25  particular provision contained within such Subpart is set forth  in  the
    26  last  section  of  such  Subpart. Any provision in any section contained
    27  within a Subpart, including the effective date  of  the  Subpart,  which
    28  makes  a  reference  to a section "of this act", when used in connection
    29  with that particular component, shall be deemed to mean and refer to the
    30  corresponding section of the Subpart in which it is found. Section three
    31  of this part sets forth the general effective date of this part.
    32                                  SUBPART A
    33    Section 1. Subdivision 1 of section 1-106  of  the  election  law,  as
    34  amended  by  chapter  700  of  the  laws  of 1977, is amended to read as
    35  follows:
    36    1. All papers required to be filed pursuant to the provisions of  this
    37  chapter  shall, unless otherwise provided, be filed between the hours of
    38  nine A.M. and five P.M. If the last day  for  filing  shall  fall  on  a
    39  Saturday,  Sunday  or  legal holiday, the next business day shall become
    40  the last day for filing. All papers sent by mail in  an  envelope  post-
    41  marked prior to midnight of the last day of filing shall be deemed time-
    42  ly  filed and accepted for filing when received, except that all certif-
    43  icates and petitions  of  designation  or  nomination,  certificates  of
    44  acceptance  or  declination of such designations or nominations, certif-
    45  icates of authorization for such designations  or  nominations,  certif-
    46  icates of disqualification, certificates of substitution for such desig-
    47  nations  or  nominations and objections and specifications of objections
    48  to such certificates and petitions required to be filed with  the  state
    49  board  of  elections  or a board of elections outside of the city of New
    50  York shall be deemed timely filed and accepted for  filing  if  sent  by
    51  mail or overnight delivery service pursuant to subdivision three of this
    52  section, and received no later than two business days after the last day

        S. 1510--A                         29                         A. 2010--A
     1  to  file  such  certificates,  petitions,  objections or specifications.
     2  Failure of the post office or any other person or entity to deliver  any
     3  such  petition,  certificate  or  objection  to  such board of elections
     4  outside  the  city of New York no later than two business days after the
     5  last day to file such certificates, petitions, objections or  specifica-
     6  tions  shall  be  a fatal defect. Excepted further that all certificates
     7  and petitions of designation or nomination, certificates  of  acceptance
     8  or  declination  of  such  designations and nominations, certificates of
     9  substitution for such designations or  nominations  and  objections  and
    10  specifications of objections to such certificates and petitions required
    11  to  be filed with the board of elections of the city of New York must be
    12  actually received by such city board of elections on or before the  last
    13  day  to file any such petition, certificate or objection and such office
    14  shall be open for  the  receipt  of  such  petitions,  certificates  and
    15  objections  until  midnight  on  the last day to file any such petition,
    16  certificate or objection. Failure of the post office or any other person
    17  or entity to deliver any such petition, certificate or objection to such
    18  city board of elections on or before such last  day  shall  be  a  fatal
    19  defect.
    20    § 2. Subdivision 1 of section 4-104 of the election law, as amended by
    21  chapter 180 of the laws of 2005, is amended to read as follows:
    22    1.  Every  board  of  elections shall, in consultation with each city,
    23  town and village, designate the polling places in each election district
    24  in which the meetings for  the  registration  of  voters,  and  for  any
    25  election  may  be  held.  The board of trustees of each village in which
    26  general  and  special  village  elections  conducted  by  the  board  of
    27  elections  are  held at a time other than the time of a general election
    28  shall submit such a list of polling places for such village elections to
    29  the board of elections. A polling place may be  located  in  a  building
    30  owned  by  a religious organization or used by it as a place of worship.
    31  If such a building is designated as a polling place,  it  shall  not  be
    32  required  to  be  open for voter registration on any Saturday if this is
    33  contrary to the religious beliefs of the religious organization. In such
    34  a situation,  the  board  of  elections  shall  designate  an  alternate
    35  location  to be used for voter registration. Such polling places must be
    36  designated by [May first] March fifteenth, of each year,  and  shall  be
    37  effective  for one year thereafter. Such a list required to be submitted
    38  by a village board of trustees must be submitted at  least  four  months
    39  before  each  general village election and shall be effective until four
    40  months before the subsequent general village election. No place in which
    41  a business licensed to sell alcoholic beverages for on premises consump-
    42  tion is conducted on any day of local registration or of voting shall be
    43  so designated. If, within the discretion of the  board  of  elections  a
    44  particular  polling  place  so  designated  is  subsequently found to be
    45  unsuitable or unsafe or should circumstances arise that  make  a  desig-
    46  nated polling place unsuitable or unsafe, then the board of elections is
    47  empowered  to  select  an  alternative meeting place. In the city of New
    48  York, the board of elections shall designate  such  polling  places  and
    49  alternate  registration  places  if the polling place cannot be used for
    50  voter registration on Saturdays.
    51    § 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    52  vision 2 as amended by chapter 635 of the laws of 1990, are  amended  to
    53  read as follows:
    54    1.  The  state board of elections shall, [at least eight months before
    55  each] by February first in the year of each general election,  make  and
    56  transmit to the board of elections of each county, a certificate stating

        S. 1510--A                         30                         A. 2010--A
     1  each  office,  except county, city, village and town offices to be voted
     2  for at such election in such county.
     3    2.  Each  county, city, village and town clerk, [at least eight months
     4  before each] by February first in the year  of  each  general  election,
     5  shall  make and transmit to the board of elections a certificate stating
     6  each county, city, village or town office, respectively to be voted  for
     7  at  each  such election. Each village clerk, at least five months before
     8  each general village election conducted by the board of elections, shall
     9  make, and transmit to such board, a  certificate  stating  each  village
    10  office to be filled at such election.
    11    §  4.    Paragraph b of subdivision 1 of section 4-108 of the election
    12  law, as amended by chapter 117 of the laws of 1985, is amended  to  read
    13  as follows:
    14    b. Whenever any proposal, proposition or referendum as provided by law
    15  is  to  be  submitted  to  a vote of the people of a county, city, town,
    16  village or special district, at an election conducted by  the  board  of
    17  elections, the clerk of such political subdivision, at least [thirty-six
    18  days] three months prior to the general election at which such proposal,
    19  proposition  or  referendum  is  to be submitted, shall transmit to each
    20  board of elections a certified copy of the text of such proposal, propo-
    21  sition or referendum and a statement of the form in which it  is  to  be
    22  submitted.  If  a special election is to be held, such transmittal shall
    23  also give the date of such election.
    24    § 5. Section 4-110 of the election law, as amended by chapter  434  of
    25  the laws of 1984, is amended to read as follows:
    26    §  4-110. Certification of primary election candidates; state board of
    27  elections. The state board of elections,  not  later  than  [thirty-six]
    28  fifty-five  days before a primary election, shall certify to each county
    29  board of elections: The name and residence of each candidate to be voted
    30  for within the political subdivision of such board  for  whom  a  desig-
    31  nation  has  been filed with the state board; the title of the office or
    32  position for which the candidate is designated; the name  of  the  party
    33  upon whose primary ballot his or her name is to be placed; and the order
    34  in  which the names of the candidates are to be printed as determined by
    35  the state board. Where  an  office  or  position  is  uncontested,  such
    36  certification shall state such fact.
    37    § 6. Subdivision 1 of section 4-112 of the election law, as amended by
    38  chapter 4 of the laws of 2011, is amended to read as follows:
    39    1.  The  state  board of elections, not later than [thirty-six] fifty-
    40  five days before a  general  election,  or  fifty-three  days  before  a
    41  special  election,  shall  certify to each county board of elections the
    42  name and residence of each candidate nominated in any valid  certificate
    43  filed with it or by the returns canvassed by it, the title of the office
    44  for which nominated; the name of the party or body specified of which he
    45  or  she  is a candidate; the emblem chosen to distinguish the candidates
    46  of the party or body; and a notation as to whether or not any litigation
    47  is pending concerning the candidacy. Upon the  completion  of  any  such
    48  litigation,  the  state  board  of  elections shall forthwith notify the
    49  appropriate county boards of elections of  the  results  of  such  liti-
    50  gation.
    51    § 7. Section 4-114 of the election law, as amended by chapter 4 of the
    52  laws of 2011, is amended to read as follows:
    53    §  4-114.  Determination  of candidates and questions; county board of
    54  elections. The county board of elections, not later  than  the  [thirty-
    55  fifth] fifty-fourth day before the day of a primary or general election,
    56  or  the  fifty-third  day before a special election, shall determine the

        S. 1510--A                         31                         A. 2010--A
     1  candidates duly nominated for public office and the questions that shall
     2  appear on the ballot within the jurisdiction of that board of elections.
     3    § 8. Subdivision 1 of section 4-117 of the election law, as amended by
     4  chapter 3 of the laws of 2018, is amended to read as follows:
     5    1.  The  board of elections,[ between August first and August fifth of
     6  each year] not less than sixty-five days  nor  more  than  seventy  days
     7  before the primary election in each year, shall send by mail on which is
     8  endorsed  such  language  designated  by the state board of elections to
     9  ensure postal authorities do not forward such mail but return it to  the
    10  board of elections with forwarding information, when it cannot be deliv-
    11  ered  as  addressed  and  which  contains  a  request that any such mail
    12  received for persons not residing at the address be dropped back in  the
    13  mail,  a  communication,  in  a  form  approved  by  the  state board of
    14  elections, to every registered voter who has been registered  without  a
    15  change  of  address  since  the  beginning of such year, except that the
    16  board of elections shall not be required to send such communications  to
    17  voters  in  inactive status. The communication shall notify the voter of
    18  the days and hours of the ensuing primary  and  general  elections,  the
    19  place  where  he or she appears by his or her registration records to be
    20  entitled to vote, the fact that voters who have moved or will have moved
    21  from the address where they were last registered  must  re-register  or,
    22  that  if  such  move  was to another address in the same county or city,
    23  that such voter may either notify the board of elections of his  or  her
    24  new  address or vote by paper ballot at the polling place for his or her
    25  new address even if such voter has not re-registered, or otherwise noti-
    26  fied the board of elections of the change of  address.  If  the  primary
    27  will not be held on the first Tuesday after the second Monday in Septem-
    28  ber, the communication shall contain a conspicuous notice in all capital
    29  letters  and  bold  font notifying the voter of the primary date. If the
    30  location of the polling place for the voter's election district has been
    31  moved, the communication shall contain  the  following  legend  in  bold
    32  type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
    33  The communication shall also  indicate  whether  the  polling  place  is
    34  accessible  to  physically disabled voters, that a voter who will be out
    35  of the city or county on the day of the primary or general election or a
    36  voter who is ill or physically disabled may obtain an  absentee  ballot,
    37  that  a  physically disabled voter whose polling place is not accessible
    38  may request that  his  registration  record  be  moved  to  an  election
    39  district which has a polling place which is accessible, the phone number
    40  to  call  for applications to move a registration record or for absentee
    41  ballot applications, the phone number to call for the location of regis-
    42  tration and polling places, the phone number to call  to  indicate  that
    43  the  voter is willing to serve on election day as an election inspector,
    44  poll clerk, interpreter or in other capacities, the phone number to call
    45  to obtain an application for registration by mail, and such other infor-
    46  mation concerning  the  elections  or  registration  as  the  board  may
    47  include.  In  lieu  of  sending  such  communication to every registered
    48  voter, the board of elections may  send  a  single  communication  to  a
    49  household  containing  more than one registered voter, provided that the
    50  names of all such voters appear as part of the address on such  communi-
    51  cation.
    52    § 9. Subdivision 1 of section 5-604 of the election law, as amended by
    53  chapter 28 of the laws of 2010, is amended to read as follows:
    54    1.  The  board  of elections shall also cause to be published for each
    55  election district a complete list  of  the  registered  voters  of  each
    56  election  district.  Such  list  shall,  in  addition to the information

        S. 1510--A                         32                         A. 2010--A
     1  required for registration lists, include the party  enrollment  of  each
     2  voter.  At  least  as  many copies of such list shall be prepared as the
     3  required minimum number of registration lists.
     4    Lists  for  all  the election districts in a ward or assembly district
     5  may be bound together in one volume. The board of elections  shall  also
     6  cause  to  be published a complete list of names and residence addresses
     7  of the registered voters, including the party enrollment of each  voter,
     8  for  each town and city over which the board has jurisdiction. The names
     9  for each town and city may be arranged according to street and number or
    10  alphabetically. Such lists shall be published before the  first  day  of
    11  [April]  February.  The board shall keep at least five copies for public
    12  inspection at each main office or branch office of  the  board.  Surplus
    13  copies  of the lists shall be sold at a charge not exceeding the cost of
    14  publication.
    15    § 10. Paragraph a of subdivision 5 of section 5-708  of  the  election
    16  law,  as added by chapter 659 of the laws of 1994, is amended to read as
    17  follows:
    18    a. At least once each year during the month of  [May]  February,  each
    19  board  of  elections shall obtain through the National Change of Address
    20  System, the forwarding address for  every  voter  registered  with  such
    21  board  of elections for whom the United States Postal Service has such a
    22  forwarding address together with the name of each such  voter  whom  the
    23  Postal  Service  records indicate has moved from the address at which he
    24  is registered without leaving a forwarding address.
    25    § 11. Subdivision 1 of section 6-108 of the election law,  as  amended
    26  by chapter 160 of the laws of 1996, is amended to read as follows:
    27    1.  In  any town in a county having a population of over seven hundred
    28  fifty thousand inhabitants, as shown by the latest federal decennial  or
    29  special  population  census,  party  nominations  of candidates for town
    30  offices shall be made at the primary  preceding  the  election.  In  any
    31  other  town, nominations of candidates for town offices shall be made by
    32  caucus or primary election as the rules of the  county  committee  shall
    33  provide, except that the members of the county committee from a town may
    34  adopt  by  a two-thirds vote, a rule providing that the party candidates
    35  for town offices shall be nominated at the primary election. If  a  rule
    36  adopted  by  the county committee of a political party or by the members
    37  of the county committee from a town, provides that party candidates  for
    38  town  offices, shall be nominated at a primary election, such rule shall
    39  not apply to nor affect a primary held less than  four  months  after  a
    40  certified  copy  of  the  rule  shall  have been filed with the board of
    41  elections. After the filing of such a rule, the rule shall  continue  in
    42  force until a certified copy of a rule revoking the same shall have been
    43  filed  with such board at least four months before a subsequent primary.
    44  Such a caucus shall be held no earlier  than  the  first  day  on  which
    45  designating petitions for the [fall] primary election may be signed.
    46    §  12.  Subdivisions  1 and 2 of section 6-147 of the election law, as
    47  amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
    48  follows:
    49    1.  The  name  of  a  person designated on more than one petition as a
    50  candidate for a party position to be filled by two or more persons shall
    51  be printed on the ballot with the group of candidates designated by  the
    52  petition  first filed unless such person, in a certificate duly acknowl-
    53  edged by him or her and filed with the board of elections not later than
    54  the [eighth] tenth Tuesday preceding the primary election or  five  days
    55  after  the  board  of  elections  mails such person notice of his or her

        S. 1510--A                         33                         A. 2010--A
     1  designation in more than one group, whichever is later, specifies anoth-
     2  er group in which his or her name shall be printed.
     3    2.  A  person  designated as a candidate for the position of member of
     4  the county committee in more than one election district shall be  deemed
     5  to  have been designated in the lowest numbered election district unless
     6  such person, in a certificate duly acknowledged by him or her, and filed
     7  with the board of elections not later than the  [eighth]  tenth  Tuesday
     8  preceding the primary election or five days after the board of elections
     9  mails  such  person  notice  of  his or her designation in more than one
    10  election district whichever is later, specifies that he or she wishes to
    11  be deemed designated in a different election district.
    12    § 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
    13  the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
    14  of  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws
    15  of 1992, and subdivision 9 as amended by chapter  517  of  the  laws  of
    16  1986, are amended to read as follows:
    17    1.  A designating petition shall be filed not earlier than the [tenth]
    18  thirteenth Monday before, and not later than the [ninth] twelfth  Thurs-
    19  day preceding the primary election.
    20    4. A petition of enrolled members of a party requesting an opportunity
    21  to write in the name of an undesignated candidate for a public office or
    22  party  position  at a primary election shall be filed not later than the
    23  [eighth] eleventh Thursday  preceding  the  primary  election.  However,
    24  where a designating petition has been filed and the person named therein
    25  has  declined such designation and another person has been designated to
    26  fill the vacancy, then in that event, a petition for an  opportunity  to
    27  ballot in a primary election shall be filed not later than the [seventh]
    28  tenth Thursday preceding such primary election.
    29    5.  A  judicial district convention shall be held not earlier than the
    30  [Tuesday] Thursday following  the  [third  Monday  in  September]  first
    31  Monday  in August preceding the general election and not later than [the
    32  fourth Monday in September preceding such election] six days thereafter.
    33    6. (a) A certificate of a party nomination  made  other  than  at  the
    34  primary  election  for  an  office to be filled at the time of a general
    35  election shall be filed not later than [seven]  thirty  days  after  the
    36  [fall]  primary  election,   (b) except that a certificate of nomination
    37  for an office which becomes vacant after the seventh day preceding  such
    38  primary  election  shall  be filed not later than [fourteen] thirty days
    39  after the primary election or ten days after the creation of such vacan-
    40  cy, whichever is later, and (c) except, further, that a  certificate  of
    41  party  nomination of candidates for elector of president and vice-presi-
    42  dent of the United States shall  be  filed  not  later  than  [fourteen]
    43  seventy-four  days  after  the  [fall]  primary election, and (d) except
    44  still further that a certificate of party nomination made at a  judicial
    45  district convention shall be filed not later than the day after the last
    46  day  to  hold  such  convention and the minutes of such convention, duly
    47  certified by the chairman and secretary, shall be filed within  seventy-
    48  two  hours  after  adjournment of the convention. A certificate of party
    49  nomination for an office to be filled at a  special  election  shall  be
    50  filed  not  later than ten days following the issuance of a proclamation
    51  of such election.
    52    9. A petition for an independent nomination for an office to be filled
    53  at the time of a general  election  shall  be  filed  not  earlier  than
    54  [twelve]  twenty-four  weeks  and  not  later than [eleven] twenty-three
    55  weeks preceding such election. A petition for an independent  nomination
    56  for  an  office  to  be  filled at a special election shall be filed not

        S. 1510--A                         34                         A. 2010--A
     1  later than twelve days following the issuance of a proclamation of  such
     2  election.  [A  petition  for  trustee of the Long Island Power Authority
     3  shall be filed not earlier than seven weeks and not later than six weeks
     4  preceding the day of the election of such trustees.]
     5    11. A certificate of acceptance or declination of an independent nomi-
     6  nation  for  an  office  to  be filled at the time of a general election
     7  shall be filed not later than the third day after the  [eleventh]  twen-
     8  ty-third  Tuesday  preceding  such  election except that a candidate who
     9  files such a certificate of acceptance for an  office  for  which  there
    10  have  been  filed  certificates  or  petitions designating more than one
    11  candidate for the nomination of any party, may thereafter file a certif-
    12  icate of declination not later than the  third  day  after  the  primary
    13  election.   A certificate of acceptance or declination of an independent
    14  nomination for an office to be filled at a  special  election  shall  be
    15  filed not later than fourteen days following the issuance of a proclama-
    16  tion of such election.
    17    12.  A  certificate  to  fill  a vacancy caused by a declination of an
    18  independent nomination for an office to be  filled  at  the  time  of  a
    19  general  election  shall be filed not later than the sixth day after the
    20  [eleventh] twenty-third Tuesday preceding such election.  A  certificate
    21  to  fill  a vacancy caused by a declination of an independent nomination
    22  for an office to be filled at a special  election  shall  be  filed  not
    23  later than sixteen days following the issuance of a proclamation of such
    24  election.
    25    14. A vacancy occurring three months or more before [September twenti-
    26  eth  of] the general election in any year in any office authorized to be
    27  filled at a general election, except in the offices of  governor,  lieu-
    28  tenant-governor, or United States senator shall be filled at the general
    29  election  held next thereafter, unless otherwise provided by the consti-
    30  tution, or unless previously filled at a special election.
    31    § 14. Paragraph (a) of subdivision 1 of section 8-100 of the  election
    32  law, as amended by chapter 17 of the laws of 2007, is amended to read as
    33  follows:
    34    (a)  A  primary  election[, to be known as the fall primary,] shall be
    35  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
    36  ber] June before every general election unless otherwise changed  by  an
    37  act  of  the legislature. Members of the state and county committees and
    38  assembly district leaders and associate district leaders and  all  other
    39  party  positions  to be elected shall be elected at such primary and all
    40  nominations for public office required to be made at a primary  election
    41  in  such year shall be made at such primary. In each year in which elec-
    42  tors of president and vice president of the  United  States  are  to  be
    43  elected an additional primary election, to be known as the spring prima-
    44  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    45  changed by an act of the legislature, for the purpose of electing deleg-
    46  ates to the national convention[, members of state and county committees
    47  and assembly district leaders and associate assembly district leaders].
    48    § 15. Subdivision 1 of section 9-200 of the election law,  as  amended
    49  by chapter 250 of the laws of 1984, is amended to read as follows:
    50    1.  The  board  of  elections  shall  canvass  the  returns of primary
    51  elections filed with it. It shall canvass first the votes of the  deleg-
    52  ates  and  alternates to judicial district conventions and complete such
    53  canvass at the earliest time possible. It  shall  complete  the  canvass
    54  otherwise within [nine] thirteen days from the day upon which the prima-
    55  ry  election is held. Upon the completion of the canvass the board shall
    56  make and file in its office tabulated statements, signed by the  members

        S. 1510--A                         35                         A. 2010--A
     1  of such board or a majority thereof, of the number of votes cast for all
     2  the  candidates  for nomination to each public office or for election to
     3  each party position, and the number of votes cast for each  such  candi-
     4  date. The candidate receiving the highest number of votes for nomination
     5  for a public office or for election to a party position voted for wholly
     6  within  the  political unit for which such board is acting, shall be the
     7  nominee of his party for such office or elected to such  party  position
     8  and  the board, if requested by a candidate elected to a party position,
     9  shall furnish to him a certificate of election.
    10    § 16. Subdivision 1 of section 9-208 of the election law,  as  amended
    11  by chapter 163 of the laws of 2010, is amended to read as follows:
    12    1. Within fifteen days after each general[,] or special [or] election,
    13  and  within  twenty days after a primary election, and within seven days
    14  after every village election conducted by  the  board  of  elections  at
    15  which  ballot scanners are used, the board of elections, or a bipartisan
    16  committee of or appointed by said board  shall,  in  each  county  using
    17  ballot scanners, make a record of the serial number of each ballot scan-
    18  ner  used  in each election district in such general, special or primary
    19  election. No person who was  a  candidate  at  such  election  shall  be
    20  appointed  to  membership  on  the committee. Such board of elections or
    21  bipartisan committee shall recanvass the tabulated result tape from each
    22  ballot scanner used in each election district  by  comparing  such  tape
    23  with the numbers as recorded on the return of canvass. The said board or
    24  committee  shall also make a recanvass of any election day paper ballots
    25  that have not been scanned and were hand counted pursuant to subdivision
    26  two of section 9-110 of this article and compare the  results  with  the
    27  number  as  recorded  on  the  return of canvass. The board or committee
    28  shall then recanvass write-in votes,  if  any,  on  ballots  which  were
    29  otherwise scanned and canvassed at polling places on election night. The
    30  board  or  committee  shall  validate and prove such sums. Before making
    31  such canvass the board of  elections,  with  respect  to  each  election
    32  district  to  be recanvassed, shall give notice in writing to the voting
    33  machine custodian thereof, to the state and county chair of  each  party
    34  or  independent  body which shall have nominated candidates for the said
    35  general or special election or nominated or elected  candidates  at  the
    36  said  primary  election  and  to  each  individual  candidate whose name
    37  appears on the office ballot, of the time and place where  such  canvass
    38  is  to  be  made;  and  the state and county chair of each such party or
    39  independent body and each such individual candidate may send a represen-
    40  tative to be present  at  such  recanvass.  Each  candidate  whose  name
    41  appears on the official ballot, or his or her representative, shall have
    42  the  right  personally to examine and make a record of the vote recorded
    43  on the tabulated result tape and any ballots which were hand counted.
    44    § 17. Subdivision 1 of section 9-211 of the election law,  as  amended
    45  by chapter 515 of the laws of 2015, is amended to read as follows:
    46    1.  Within  fifteen days after each general or special election, [and]
    47  within [seven] thirteen days after  every  primary  [or]  election,  and
    48  within seven days after every village election conducted by the board of
    49  elections, the board of elections or a bipartisan committee appointed by
    50  such  board  shall  audit  the voter verifiable audit records from three
    51  percent of voting machines or systems within the  jurisdiction  of  such
    52  board. Such audits may be performed manually or via the use of any auto-
    53  mated tool authorized for such use by the state board of elections which
    54  is  independent from the voting system it is being used to audit. Voting
    55  machines or systems shall be selected for audit through a random, manual
    56  process. At least five days prior to the time fixed for  such  selection

        S. 1510--A                         36                         A. 2010--A
     1  process, the board of elections shall send notice by first class mail to
     2  each  candidate,  political  party and independent body entitled to have
     3  had watchers present at the polls  in  any  election  district  in  such
     4  board's  jurisdiction.  Such notice shall state the time and place fixed
     5  for such random selection process. The audit shall be conducted  in  the
     6  same  manner,  to  the extent applicable, as a canvass of paper ballots.
     7  Each candidate, political party or independent body entitled to  appoint
     8  watchers  to attend at a polling place shall be entitled to appoint such
     9  number of watchers to observe the audit.
    10    § 18. 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] forty-six days before a primary or general election[; twen-
    18  ty-five  days before] a New York city community school board district or
    19  city of 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. A voter who submits a  military  ballot  application
    22  shall  be  entitled  to a military ballot thereafter for each subsequent
    23  election through and including the next two regularly scheduled  general
    24  elections  held in even numbered years, including any run-offs which may
    25  occur; provided, however, such application shall not be  valid  for  any
    26  election  held  within seven days after its receipt.  Ballots shall also
    27  be mailed to any qualified military voter who is already registered  and
    28  who  requests  such  military  ballot  from such board of elections in a
    29  letter, which is signed by the  voter  and  received  by  the  board  of
    30  elections  not  later than the seventh day before the election for which
    31  the ballot is requested and which states the address where the voter  is
    32  registered  and  the  address  to  which the ballot is to be mailed. The
    33  board of elections shall enclose with such ballot a form of  application
    34  for  military ballot. In the case of a primary election, the board shall
    35  deliver only the ballot of the party with which the  military  voter  is
    36  enrolled  according to the military voter's registration records. In the
    37  event a primary election is uncontested in the military voter's election
    38  district for all offices or  positions  except  the  party  position  of
    39  member  of  the ward, town, city or county committee, no ballot shall be
    40  delivered to such military voter for such  election;  and  the  military
    41  voter  shall  be  advised of the reason why he or she will not receive a
    42  ballot.
    43    § 19. 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] forty-six days
    49  before each general or primary  election  [and  forty-five  days  before
    50  each]  or special election in which such applicant is qualified to vote,
    51  or three days after receipt of such an application, whichever is  later,
    52  mail  to  him  or her at the residence address outside the United States
    53  shown in his or her application, a  special  federal  ballot,  an  inner
    54  affirmation envelope and an outer envelope, or otherwise distribute same
    55  to  the  voter  in  accordance with the preferred method of transmission
    56  designated by the voter pursuant to section 11-203 of  this  title.  The

        S. 1510--A                         37                         A. 2010--A
     1  board  of  elections shall also mail, or otherwise distribute in accord-
     2  ance with the preferred method of transmission designated by  the  voter
     3  pursuant  to  section  11-203 of this title, a special federal ballot to
     4  every  qualified special federal voter who is already registered and who
     5  requests such special federal ballot from such board of elections  in  a
     6  letter,  which  is  signed  by  the  voter  and received by the board of
     7  elections not later than the seventh day before the election  for  which
     8  the  ballot  is  first  requested and which states the address where the
     9  voter is registered and the address to which the ballot is to be mailed.
    10  The board of elections shall enclose with such ballot a form of applica-
    11  tion for a special federal ballot.
    12    § 20. Subdivision 4 of section 16-102 of the election law, as added by
    13  chapter 135 of the laws of 1986, is amended to read as follows:
    14    4. A final order including  the  resolution  of  any  appeals  in  any
    15  proceeding  involving  the  names  of  candidates  on  ballots or voting
    16  machines shall be made, if possible, at least five weeks before the  day
    17  of the election at which such ballots or voting machines are to be used,
    18  or  if  such proceeding is commenced within five weeks of such election,
    19  no later than the day following the day on which the case is heard.
    20    § 21. Subdivisions 3 and 4 of section  16-104  of  the  election  law,
    21  subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
    22  sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
    23  read as follows:
    24    3.  A  proceeding  pursuant to subdivision two of this section must be
    25  instituted within [fourteen] seven days after the last  day  to  certify
    26  the wording of any such abstract or form of submission.
    27    4.  A  final  order  including  the  resolution  of any appeals in any
    28  proceeding involving the contents of official ballots on voting machines
    29  shall be made, if possible, at least five weeks before the  day  of  the
    30  election  at  which  such  voting  machines  are  to be used, or if such
    31  proceeding is commenced within five weeks of an election, no later  than
    32  the day following the day on which the case is heard.
    33    §  22.  Subdivisions 1 and 4 of section 42 of the public officers law,
    34  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    35  sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
    36  read as follows:
    37    1.  A vacancy occurring three months or more before [September twenti-
    38  eth of] the general election in any year in any office authorized to  be
    39  filled at a general election, except in the offices of governor or lieu-
    40  tenant-governor, shall be filled at the general election held next ther-
    41  eafter,  unless otherwise provided by the constitution, or unless previ-
    42  ously filled at a special election.
    43    4. A special election shall not be held  to  fill  a  vacancy  in  the
    44  office  of a representative in congress unless such vacancy occurs on or
    45  before the first day of July of the last year of the term of office,  or
    46  unless  it occurs thereafter and a special session of congress is called
    47  to meet before the next general election, or be called after  [September
    48  nineteenth  of]  three  months before the general election in such year;
    49  nor to fill a vacancy in the office of state senator or in the office of
    50  member of assembly, unless the vacancy occurs before the  first  day  of
    51  April  of  the  last  year  of the term of office, or unless the vacancy
    52  occurs in either such office of senator or member of assembly after such
    53  first day of April and a special session of the legislature be called to
    54  meet between such first day of April and the next general election or be
    55  called after three months before the next general election [or be called
    56  after September nineteenth] in such year. If a special election to  fill

        S. 1510--A                         38                         A. 2010--A
     1  an  office  shall  not  be  held as required by law, the office shall be
     2  filled at the next general election.
     3    § 23. This act shall take effect December 31, 2019.
     4                                  SUBPART B
     5    Section  1.  Section  6-150  of the election law is amended to read as
     6  follows:
     7    § 6-150. Nomination; vacancy  caused  by  death  or  disqualification,
     8  unfilled  at  time  of  general  or special election. If a vacancy shall
     9  occur in a nomination, caused by disqualification or death of the candi-
    10  date subsequent to [noon of the Tuesday] thirty days before a general or
    11  special election and prior to the closing of the polls on such  election
    12  day,  such  vacancy  shall  not  be  filled, and the votes cast for such
    13  [deceased] candidate shall be canvassed and counted, and if  he  or  she
    14  shall  receive  a  plurality of the votes cast, a vacancy shall exist in
    15  the office for which such nomination was made to be filled in the manner
    16  provided by law for vacancies in office occurring  by  reason  of  death
    17  after election.
    18    §  2.  Section 6-152 of the election law, as amended by chapter 234 of
    19  the laws of 1976, is amended to read as follows:
    20    § 6-152. Vacancies caused by death or disqualification and unfilled at
    21  time of primary election. If a vacancy shall occur in a designation of a
    22  candidate for nomination or election at a primary  election,  caused  by
    23  the  death or disqualification of a candidate subsequent to [noon of the
    24  seventh day] thirty days before the primary election and  prior  to  the
    25  closing  of  the  polls,  such vacancy shall not be filled and the votes
    26  cast for such [deceased or disqualified] candidate  shall  be  canvassed
    27  and  counted,  and,  if he or she shall receive a plurality of the votes
    28  cast, another candidate may  thereafter  be  nominated  or  the  vacancy
    29  filled as provided by law or the rules of the party.
    30    §  3.  Section  6-154  of  the election law is amended by adding a new
    31  subdivision 4 to read as follows:
    32    4. Each board of elections or the state board of elections as applica-
    33  ble shall make any determination required by this section no later  than
    34  sixty  days  before  the  primary  election in the case of challenges to
    35  designating or opportunity to ballot petitions and no later than seventy
    36  days before the general election in the case of challenges to nominating
    37  petitions and certificates of designation or nomination.
    38    § 4. Section 7-116 of the election law is  amended  by  adding  a  new
    39  subdivision 8 to read as follows:
    40    8.  In cases where a name is added to or removed from the county board
    41  of elections' official ballot too late to make a complete compliance  to
    42  these requirements feasible, the name may be added at the end of the row
    43  or  column  of candidates in all election districts, or removed from the
    44  ballot  in  all  election  districts  without  changing  the  previously
    45  arranged order of other names and without invalidating the election. Any
    46  inadvertent  error  in the order of names discovered too late to correct
    47  the order of the names on the ballots concerned shall not invalidate  an
    48  election.
    49    Except  where  a  contest  or  candidate is removed from the ballot by
    50  court order too late to  make  complete  compliance  with  this  section
    51  feasible,  the  title  of  each  public office or party position and the
    52  names of the candidates for such office or  position  appearing  on  any
    53  ballot  used  for elections over which the county board of elections has
    54  jurisdiction shall appear on such ballot  immediately  adjacent  to  one

        S. 1510--A                         39                         A. 2010--A
     1  another,  either  horizontally  or vertically; and no blank spaces shall
     2  separate the names of candidates actually running for an office or party
     3  position on such ballot, and no blank spaces shall separate any two such
     4  offices  or  positions which appear on such ballot in the same column or
     5  row.
     6    § 5. Subdivision 3 of section 7-122 of the election law, as amended by
     7  chapter 165 of the laws of 2010, is amended to read as follows:
     8    3. The determination of the appropriate county board of  elections  as
     9  to  the  candidates  duly  designated  or nominated for public office or
    10  party position whose name shall appear on the absentee ballot and as  to
    11  ballot  proposals  to  be  voted  on shall be made no later than the day
    12  after the state board of elections issues  its  certification  of  those
    13  candidates  to be voted for at the general, special or primary election.
    14  The determinations of the state board of elections  and  the  respective
    15  county boards of elections shall be final and conclusive with respect to
    16  such  offices  for  which  petitions  or certificates are required to be
    17  filed with such boards, as the case may be but nothing herein  contained
    18  shall prevent a board of elections, or a court of competent jurisdiction
    19  from  determining  at  a  later date that any such certification, desig-
    20  nation or nomination is invalid and, in the event of such later determi-
    21  nation, no vote cast for any such nominee by any voter shall be  counted
    22  at  the  election.    Any  order of a court of competent jurisdiction or
    23  determination by the board of elections changing the ballot as previous-
    24  ly determined by  the  board  of  elections  must  be  made  and,  where
    25  required, entered at least twenty days prior to the election.
    26    §  6.  Subdivisions  1  and 2 of section 7-128 of the election law are
    27  amended to read as follows:
    28    1. Each officer or board charged with the duty of  providing  official
    29  ballots  for  an  election  shall  have  sample  ballots  open to public
    30  inspection [five] fifty  days,  except  in  the  case  of  extraordinary
    31  circumstances  in which case on the earliest day practicable, before the
    32  election for which [they were] the ballots have been  prepared  and  the
    33  official  ballots  open  to such inspection [four] fifty days, except in
    34  the case of extraordinary circumstances in which case  on  the  earliest
    35  day  practicable,  before such election except that the sample and offi-
    36  cial ballots for a village election held at  a  different  time  from  a
    37  general  election  shall  be open to public inspection at least two days
    38  before such election. During the times within which the ballots are open
    39  for inspection, such officer or board shall deliver to each voter apply-
    40  ing therefor a sample of the ballot which he or she is entitled to vote.
    41    2. Each officer or board charged with the duty of preparing ballots to
    42  be used [on] with voting machines in any election shall:
    43    a. give written notice, by first class mail, to all candidates, except
    44  candidates for member of the county committee, who are lawfully entitled
    45  to have their names appear thereon, of the  time  when,  and  the  place
    46  where,  they  may  inspect  the [voting machines] ballots to be used for
    47  such election. The candidates or their  designated  representatives  may
    48  appear  at  the  time and place specified in such notice to inspect such
    49  [machines] ballots, provided, however, that the time so specified  shall
    50  [be  not less than two] occur no later than forty-six days [prior to the
    51  date of] before the election at which the  ballots  will  be  used.    A
    52  candidate,  whose  name appears on the ballot [for an election district]
    53  or his or her designated representative, may, in  the  presence  of  the
    54  election  officer  attending  the  [voting  machine] ballot, inspect the
    55  [face of the machine] ballot to see that his or her ballot [label] posi-

        S. 1510--A                         40                         A. 2010--A
     1  tion is in its proper place[, but at no time during the inspection shall
     2  the booth be closed] or places.
     3    b. give written notice, by first class mail, to all candidates, except
     4  candidates for member of the county committee, who are lawfully entitled
     5  to  have  their  names  appear  thereon, of the time when, and the place
     6  where, they may inspect the voting machines or systems to  be  used  for
     7  such  election.  The  candidates or their designated representatives may
     8  appear at the time and place  specified  in  such  notice  to  view  the
     9  conduct  of  the  logic and accuracy testing required to be performed on
    10  such voting machines or systems, provided  however,  that  the  time  so
    11  specified  shall  be  not less than twenty days prior to the date of the
    12  election.
    13    § 7. Section 7-130 of the election law is amended to read as follows:
    14    § 7-130. Ballots; examination by voters  and  instruction  in  use  of
    15  voting  machines  or systems.   One or more voting machines [which shall
    16  contain the ballot labels] or systems on which ballots  shall  be  cast,
    17  showing  the  party  [emblems]  names  and  [title] titles of [officers]
    18  offices to be voted for, and which shall so far as  practicable  contain
    19  the  names  of the candidates to be voted for, shall be placed on public
    20  exhibition in some suitable place by the board of elections, [in  charge
    21  of  competent  instructors,]  for  at least three days during the thirty
    22  days next preceding an election. No voting machine or system which is to
    23  be assigned for use in an election shall be used for such purpose  after
    24  having  been  prepared  and  sealed for the election. During such public
    25  exhibition, the counting mechanism of the machine  or  system  shall  be
    26  concealed  from  view  and  the doors, if any, may be temporarily opened
    27  only when authorized by the board or official having charge and  control
    28  of  the  election. Any voter shall be allowed to examine such machine or
    29  system, and upon request shall be instructed in its use.
    30    § 8. Section 16-100 of the election law is amended  by  adding  a  new
    31  subdivision 3 to read as follows:
    32    3.  In  view  of  the time required for boards of elections to reprint
    33  ballots and to conduct logic and accuracy testing required by title  two
    34  of  article  seven of this chapter and regulations of the state board of
    35  elections, no court shall, except in extraordinary circumstances,  enter
    36  a final order including the resolution of any appeals issued pursuant to
    37  subdivision  four  of section 16-102 of this article or subdivision four
    38  of section 16-104 of this article unless  such  order  or  determination
    39  shall  be  made in conformance with the time frame requirements of those
    40  sections.
    41    § 9. Subdivision 4 of section 16-102 of the election law, as added  by
    42  chapter 135 of the laws of 1986, is amended to read as follows:
    43    4.  A  final  order  including  the  resolution  of any appeals in any
    44  proceeding involving the  names  of  candidates  on  ballots  or  voting
    45  [machines]  systems  shall,  except  in  extraordinary circumstances, be
    46  made[, if possible,] at least [five weeks] fifty-five  days  before  the
    47  day  of  the election at which such ballots or voting [machines] systems
    48  are to be used, or if such proceeding is commenced within  [five  weeks]
    49  fifty-five  days  of  such election, no later than the day following the
    50  day on which the case is heard.
    51    § 10. Subdivisions 1, 3 and 4 of section 16-104 of the  election  law,
    52  subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
    53  sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
    54  read as follows:
    55    1.  The form and content of any ballot, or portion thereof, to be used
    56  in an election, and the right to use any emblem design, color, party  or

        S. 1510--A                         41                         A. 2010--A
     1  independent  body  name,  may be contested in a proceeding instituted in
     2  the supreme court by any aggrieved candidate or by the chairman  of  any
     3  party  committee  or  independent  body.   A proceeding pursuant to this
     4  subdivision  must be instituted within five days of the last date of the
     5  inspection of the ballot pursuant to paragraph (a) of subdivision two of
     6  section 7-128 of this chapter.
     7    3. A proceeding pursuant to subdivision two of this  section  must  be
     8  instituted  within  [fourteen]  seven days after the last day to certify
     9  the wording of any such abstract or form of submission.
    10    4. A final order including  the  resolution  of  any  appeals  in  any
    11  proceeding  involving  the  contents  of  official ballots to be used on
    12  [voting machines] ballot scanners shall, except in extraordinary circum-
    13  stances, be made[, if possible,] at least [five weeks] twenty-five  days
    14  before  the  day  of the election at which such [voting machines] ballot
    15  scanners are to be used[, or if such proceeding is commenced within five
    16  weeks of an election, no later than the day following the day  on  which
    17  the case is heard].
    18    § 11. This act shall take effect December 31, 2019.
    19    §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
    20  section or part of this act shall be adjudged by any court or  competent
    21  jurisdiction  to be invalid, such judgement shall not affect, impair, or
    22  invalidate the remainder thereof, but shall be confined in its operation
    23  to the clause, sentence,  paragraph,  subdivision,  section  or  subpart
    24  thereof  directly  involved  in  the controversy in which such judgement
    25  shall have been rendered. It is hereby declared  to  be  intent  of  the
    26  legislature  that  this act would have been enacted even if such invalid
    27  provisions had not been included herein.
    28    § 3. This act shall take effect immediately; provided,  however,  that
    29  the applicable effective date of subparts A through B of this part shall
    30  be as specifically set forth in the last section of such subparts.
    31                                   PART F
    32    Section  1.    Section  14-116  of  the election law, subdivision 1 as
    33  redesignated by chapter 9 of the laws of 1978, subdivision 2 as  amended
    34  by chapter 260 of the laws of 1981, is amended to read as follows:
    35    §  14-116.  Political  contributions  by certain organizations. 1.  No
    36  corporation or joint-stock association doing  business  in  this  state,
    37  except  a  corporation  or association organized or maintained for poli-
    38  tical purposes only, shall directly or indirectly pay or use  or  offer,
    39  consent  or  agree  to pay or use any money or property for or in aid of
    40  any political party, committee or organization, or for, or  in  aid  of,
    41  any corporation, limited liability company, joint-stock or other associ-
    42  ation  organized or maintained for political purposes, or for, or in aid
    43  of, any candidate for  political  office  or  for  nomination  for  such
    44  office,  or for any political purpose whatever, or for the reimbursement
    45  or indemnification of any person for moneys or  property  so  used.  Any
    46  officer, director, stock-holder, member, owner, attorney or agent of any
    47  corporation, limited liability company, or joint-stock association which
    48  violates  any  of  the  provisions of this section, who participates in,
    49  aids, abets or advises or consents  to  any  such  violations,  and  any
    50  person  who  solicits  or  knowingly  receives  any money or property in
    51  violation of this section, shall be guilty of a misdemeanor.
    52    2. Notwithstanding the provisions of subdivision one of this  section,
    53  any  corporation, limited liability company, joint stock association, or
    54  an organization financially supported in whole or in part[,] by any such

        S. 1510--A                         42                         A. 2010--A
     1  [corporation] entity, may make expenditures[,  including  contributions,
     2  not  otherwise  prohibited  by law, for political purposes, in an amount
     3  not to exceed five thousand dollars in the  aggregate  in  any  calendar
     4  year] not otherwise prohibited by law for political purposes in the form
     5  of  contributions to independent expenditure committees, and in the form
     6  of  independent  expenditures  made  as   an   independent   expenditure
     7  committee;  provided  that no public utility shall use revenues received
     8  from the rendition of public service within the state for  contributions
     9  for  political  purposes unless such cost is charged to the shareholders
    10  of such a public service corporation.
    11    § 2. This act shall take effect immediately.
    12                                   PART G
    13    Section 1. Section 5-211 of the election law, as  amended  by  chapter
    14  659  of  the  laws of 1994, the section heading and opening paragraph as
    15  amended by chapter 265 of the laws of 2013, and subdivisions 11  and  14
    16  as  amended  by  chapter  200 of the laws of 1996, is amended to read as
    17  follows:
    18    § 5-211. Agency assisted registration. Each  agency  designated  as  a
    19  participating  agency  under the provisions of this section shall imple-
    20  ment and administer a program of [distribution of]  integrated  personal
    21  voter  registration  [forms]  applications pursuant to the provisions of
    22  this section. The following  offices  which  provide  public  assistance
    23  and/or  provide  state  funded  programs  primarily engaged in providing
    24  services to persons with disabilities are  hereby  designated  as  voter
    25  registration  agencies:  designated  as the state agencies which provide
    26  public assistance are the office of children and  family  services,  the
    27  office  of  temporary  and  disability  assistance and the department of
    28  health. Also designated as public assistance agencies are  all  agencies
    29  of  local  government  that provide such assistance. Designated as state
    30  agencies that provide programs primarily engaged in  providing  services
    31  to  people with disabilities are the department of labor, office for the
    32  aging, division of veterans' affairs, office of mental  health,  [office
    33  of  vocational  and  educational services for individuals with disabili-
    34  ties, commission on quality of care for the mentally disabled, office of
    35  mental retardation and  developmental  disabilities,]  office  of  adult
    36  career  and  continuing  education  services-vocational  rehabilitation,
    37  office for people with developmental disabilities,  commission  for  the
    38  blind, office of alcoholism and substance abuse services, [the office of
    39  the  advocate for the disabled] the justice center and all offices which
    40  administer programs established or funded by such  agencies.  Additional
    41  state  agencies designated as voter registration offices are the depart-
    42  ment of state and the division of workers' compensation.  Such  agencies
    43  shall  be  required  to  offer  [voter  registration  forms]  integrated
    44  personal voter registration applications to persons upon initial  appli-
    45  cation  for services, renewal or recertification for services and change
    46  of address relating to such services whether electronically or on paper.
    47  Such integrated personal voter registration application shall also serve
    48  as an application for pre-registration,  as  applicable.  Such  agencies
    49  shall  also  be  responsible  for  providing assistance to applicants in
    50  completing voter registration  forms,  receiving  and  transmitting  the
    51  completed  application  form  from  all applicants who wish to have such
    52  form transmitted to the appropriate board  of  elections.    The  agency
    53  shall  transmit  to  the  state  board of elections that portion of each
    54  integrated personal voter registration application received by the agen-

        S. 1510--A                         43                         A. 2010--A
     1  cy, whether received electronically or on  paper,  that  includes  voter
     2  registration  information.  Such  transmittal  by the agency shall occur
     3  through an interface with the electronic voter registration  transmittal
     4  system  established  and maintained by the state board of elections. The
     5  state board of elections shall electronically forward  such  application
     6  to  the  applicable board of elections of each county or the city of New
     7  York for filing, processing and verification consistent with this  chap-
     8  ter.  The  state board of elections shall, together with representatives
     9  of the department of  defense,  develop  and  implement  procedures  for
    10  including  recruitment  offices of the armed forces of the United States
    11  as voter registration offices when such offices  are  so  designated  by
    12  federal  law.  The  state  board  shall  also make request of the United
    13  States Immigration and Naturalization Service  to  include  applications
    14  for registration by mail with any materials which are given to new citi-
    15  zens.  All institutions of the state university of New York and the city
    16  university of New York, shall, at the beginning of the school year,  and
    17  again  in  January of a year in which the president of the United States
    18  is to be elected,  provide  an  application  for  registration  to  each
    19  student  in  each such institution. The state board of elections may, by
    20  regulation, grant a waiver from any or all of the requirements  of  this
    21  section  to any office or program of an agency, if it determines that it
    22  is not feasible for such office or program to administer  such  require-
    23  ment.
    24    1. The state board of elections shall adopt such rules and regulations
    25  as  may  be  necessary to carry out the requirements of this section and
    26  shall  prepare  and  distribute  to   participating   agencies   written
    27  instructions  as  to  the  implementation  of  the  program and shall be
    28  responsible for establishing training programs for employees of  partic-
    29  ipating  agencies involved in such program. The state board of elections
    30  shall provide a toll free telephone to answer registration questions.
    31    2. Strict neutrality with respect to a person's party enrollment shall
    32  be maintained and all  persons  seeking  voter  registration  forms  and
    33  information  shall  be  advised  that government services are not condi-
    34  tioned on being registered to vote. No statement shall be made  nor  any
    35  action taken to discourage the applicant from registering to vote.
    36    3.  If  a  participating  agency  provides services to a person with a
    37  disability at the person's place of residence, the  agency  shall  offer
    38  the  opportunity  to complete a voter registration form at such place of
    39  residence.
    40    4. Each participating agency shall provide to each applicant who  does
    41  not  decline  to  register  to  vote  the same degree of assistance with
    42  regard to the completion of the  registration  application  form  as  is
    43  provided  by  the  agency  with regard to the completion of its own form
    44  unless the applicant refuses such assistance.
    45    5. Employees of a voter registration agency who provide  voter  regis-
    46  tration assistance shall not:
    47    (a)  seek  to  influence  an applicant's political preference or party
    48  designation;
    49    (b) display any political preference or party allegiance;
    50    (c) make any statement to an applicant or take any action the  purpose
    51  or  effect  of  which is to discourage the applicant from registering to
    52  vote; or
    53    (d) make any statement to an applicant or take any action the  purpose
    54  or  effect  of which is to lead the applicant to believe that a decision
    55  to register or not to register has any bearing on  the  availability  of
    56  services or benefits.

        S. 1510--A                         44                         A. 2010--A
     1    6.  The  state  board  of  elections  shall coordinate and monitor the
     2  distribution of  voter  registration  forms  by  those  state  agencies,
     3  departments,  divisions  and  offices  selected  to  participate  in the
     4  program to maximize the efficient and non partisan distribution of voter
     5  registration  information  and  forms.  The  board shall also adopt such
     6  rules and regulations as may be necessary to require county  boards  and
     7  participating  agencies to provide the state board with such information
     8  and data as the board deems necessary to  assess  compliance  with  this
     9  section and to compile such statistics as may be required by the [feder-
    10  al elections commission] United States Election Assistance Commission.
    11    7.  Each  participating  agency,  department, division and office that
    12  makes available integrated personal voter registration [forms]  applica-
    13  tions  shall  prominently  display  promotional  materials  designed and
    14  approved by the state board of elections, informing the  public  of  the
    15  existence of voter registration services.
    16    8.  Each  participating  agency,  department,  division or office that
    17  makes available integrated personal voter registration [forms]  applica-
    18  tions pursuant to this section shall offer with each application for the
    19  services  or  assistance  of such agency, department, division or office
    20  and with each recertification, renewal or change of address form  relat-
    21  ing to such service or assistance, [a registration form together] wheth-
    22  er electronically or on paper, an application with instructions relating
    23  to  eligibility  to  register  and  for completing the form [except that
    24  forms used by the department of social services for the initial applica-
    25  tion for services, renewal or recertification for services and change of
    26  address relating to such services shall physically incorporate  a  voter
    27  registration  application  in a fashion that permits the voter registra-
    28  tion portion of the agency form to be detached  therefrom].  Such  voter
    29  registration application shall be designed so as to ensure the confiden-
    30  tiality of the source of the application. [Included on] The voter regis-
    31  tration related portion of each participating agency's integrated appli-
    32  cation for services or assistance [or on a separate form] shall [be]:
    33    (a)  not  require  any  information  that  duplicates  the information
    34  required by the portion of the form related to the application for agen-
    35  cy services or assistance and shall require only such additional  infor-
    36  mation  as  will  enable  election  officials  to assess the applicant's
    37  eligibility to register to vote, prevent duplicate registration  and  to
    38  administer voter registration and other parts of the election process;
    39    (b)  include  a  statement  of  the eligibility requirements for voter
    40  registration and shall require the applicant to attest  by  his  or  her
    41  signature  that  he  or  she  meets  those requirements under penalty of
    42  perjury unless such applicant declines such registration;
    43    (c) inform the applicant, in print  identical  to  that  used  in  the
    44  attestation section of the following:
    45    (i) voter eligibility requirements;
    46    (ii) penalties for submission of false registration application;
    47    (iii)  that  the  office  where the applicant applies for registration
    48  shall remain confidential and the voter registration  information  shall
    49  be used only for voter registration purposes;
    50    (iv) that if the applicant applies to register to vote electronically,
    51  such  applicant thereby consents to the use of an electronic copy of the
    52  individual's manual signature that is in the custody of  the  department
    53  of  motor vehicles, the state board of elections, or other agency desig-
    54  nated by this section or section 5-212 of this title,  as  the  individ-
    55  ual's  voter  registration  exemplar signature if the individual voter's
    56  exemplar signature is not provided with the voter registration  applica-

        S. 1510--A                         45                         A. 2010--A
     1  tion,  or  provides  such  a signature by direct upload in a manner that
     2  complies with the New York state electronic signature  and  records  act
     3  and  the  rules  and  regulations  promulgated  by  the  state  board of
     4  elections; and
     5    (v)  if  the applicant declines to register, such applicant's declina-
     6  tion shall remain confidential and be used only for  voter  registration
     7  purposes;
     8    (d)  include  a box for the applicant to check to indicate whether the
     9  applicant would like to decline to  register  to  vote  along  with  the
    10  statement  in  prominent  type,  "IF  YOU DO NOT CHECK THIS BOX, AND YOU
    11  PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU  WILL  HAVE  ATTESTED  TO
    12  YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
    13  TER TO VOTE.";
    14    (e) include a space for the applicant to indicate his or her choice of
    15  party enrollment, with a clear alternative provided for the applicant to
    16  decline to affiliate with any party;
    17    [(a)  the  question, "If you are not registered to vote where you live
    18  now, would you like to apply to register here today?"]
    19    [(b) The statement,] (f) state "applying to register or  declining  to
    20  register  to vote will not affect the amount of assistance that you will
    21  be provided by this agency.";
    22    [(c) boxes for the applicant to check to indicate whether  the  appli-
    23  cant would like to register or decline to register to vote.
    24    (d)  the statement in prominent type, "IF YOU DO NOT CHECK EITHER BOX,
    25  YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE  AT  THIS
    26  TIME."]
    27    [(e)  the statement,] (g) state "If you would like help in filling out
    28  the voter registration application form, we will help you. The  decision
    29  whether  to  seek or accept help is yours. You may fill out the applica-
    30  tion form in private.";
    31    (h) state that if an applicant is a victim  of  domestic  violence  or
    32  stalking, he or she may contact the state board of elections in order to
    33  receive  information  regarding  the address confidentiality program for
    34  victims of domestic violence under section 5-508 of this title;
    35    [(f) the statement,] (i) state "If you believe that someone has inter-
    36  fered with your right to register or decline to register to  vote,  your
    37  right  to  privacy  in  deciding  whether  to register or in applying to
    38  register to vote, or your right to choose your own  political  party  or
    39  other  political  preference,  you  may  file a complaint with the state
    40  board of elections (address and toll free telephone number).";
    41    [(g)] (j) contain a toll free number at the state board  of  elections
    42  that can be called for answers to registration questions[.]; and
    43    (k) include any other information that is necessary to comply with the
    44  requirements of the National Voter Registration Act.
    45    9.  An integrated personal voter registration application submitted to
    46  an agency in paper format shall be transmitted to  the  state  board  of
    47  elections through an electronic voter registration transmittal system by
    48  converting the paper form to an image file or a portable document format
    49  file which shall thereafter be deemed the original form for voter regis-
    50  tration  and  enrollment purposes.  The agency shall retain the complete
    51  original paper application for no less than two years.  The  transmittal
    52  of the converted paper application shall include all of the voter regis-
    53  tration data elements, including signature, and record of attestation of
    54  the  accuracy  of the voter registration information, and may include or
    55  be accompanied by data elements and transmittal information as  required
    56  by  the rules and regulations of the state board of elections. A digital

        S. 1510--A                         46                         A. 2010--A
     1  image of  a  signature  shall  satisfy  the  signature  requirement  for
     2  purposes of this subdivision.
     3    10. An integrated personal voter registration application submitted to
     4  an  agency  in  an  electronic  format shall be transmitted to the state
     5  board of elections through the electronic voter registration transmittal
     6  system and shall include all of the voter  registration  data  elements,
     7  including  signature,  and  record of attestation of the accuracy of the
     8  voter registration information  and  any  relevant  document  images.  A
     9  signature may be electronic for purposes of this subdivision.
    10    11.  The  agency  shall redact or remove from the completed integrated
    11  application to be transmitted to the state board of elections any infor-
    12  mation solely applicable to the agency application.
    13    12. Disclosure of voter registration information, including a declina-
    14  tion to register, by a participating agency, its  agents  or  employees,
    15  for  other  than  voter registration purposes, shall be deemed an unwar-
    16  ranted invasion of personal privacy pursuant to the provisions of subdi-
    17  vision two of section eighty-nine of the public officers law  and  shall
    18  constitute a violation of this chapter.
    19    [10.]  13.  The  form  containing  the declination to register to vote
    20  shall be retained by the recipient agency for the same period of time as
    21  such agency retains the accompanying application  for  services  or  for
    22  such  shorter  period  of  time as may be approved by the state board of
    23  elections.
    24    [11.] 14. The participating agency shall transmit the completed  inte-
    25  grated  personal  voter registration applications [for registration] and
    26  change of address forms to the [appropriate] state  board  of  elections
    27  not  later  than  ten  days after receipt except that all such completed
    28  applications and forms received by the agency between the thirtieth  and
    29  twenty-fifth  day before an election shall be transmitted in such manner
    30  and at such time as to assure their receipt by  [such]  the  appropriate
    31  board  of  elections  not  later  than  the  twentieth  day  before such
    32  election.
    33    [12.] 15. Completed  [application  forms]  integrated  personal  voter
    34  registration  applications,  when received by a participating agency not
    35  later than the twenty-fifth day before the next ensuing primary, general
    36  or special election and transmitted by such agency to the  [appropriate]
    37  state  board of elections so that they are received by [such] the appro-
    38  priate board not later than the twentieth day before such election shall
    39  entitle the applicant to vote in such election provided the board deter-
    40  mines that the applicant is otherwise qualified.
    41    [13. The state board of elections shall provide application forms  for
    42  use  pursuant  to  this section except that any agency which uses a form
    43  other than such registration form shall  be  responsible  for  providing
    44  such  form.  Forms  which  vary  in  design and or content from the form
    45  approved by the state board of elections  may  only  be  used  with  the
    46  approval of such board.
    47    14.]  16. Applications shall be processed by the board of elections in
    48  the manner prescribed by section 5-210 of this title or, if  the  appli-
    49  cant is already registered to vote from another address in the county or
    50  city, in the manner prescribed by section 5-208 of this title. The board
    51  shall  send  the appropriate notice of approval or rejection as required
    52  by either subdivision nine of such section 5-210 or subdivision five  of
    53  such section 5-208.
    54    [15.] 17. The head of each participating agency shall take all actions
    55  which  are  necessary and proper for the implementation of this section.
    56  Each agency head shall designate one person within  the  agency  as  the

        S. 1510--A                         47                         A. 2010--A
     1  agency  voter  registration coordinator who will, under the direction of
     2  the state board of elections, be responsible for the voter  registration
     3  program in such agency.
     4    [16.] 18. The state board shall develop and distribute public informa-
     5  tion  and promotional materials relating to the purposes and implementa-
     6  tion of this program.
     7    [17.] 19. Each agency designated as a participating agency under  this
     8  section  shall  conduct  a  study  and prepare a report to determine the
     9  feasibility, practicality  and  cost-effectiveness  of  designing  their
    10  agency  intake  forms  to  serve  also  as voter registration forms that
    11  comply with state and federal  law.  Such  study  and  report  shall  be
    12  completed  by December 1, 1996. Copies of such reports shall be provided
    13  to the governor, the temporary president of the senate, the  speaker  of
    14  the  assembly  and the state board of elections. After submission of the
    15  report, participating agencies that determine that it is feasible, prac-
    16  tical and cost-effective to have such forms also serve as  voter  regis-
    17  tration  forms  shall  do  so  upon  the  approval of the state board of
    18  elections. For each agency that determines it is feasible, practical and
    19  cost effective to use agency intake  forms  that  serve  also  as  voter
    20  registration forms, the state board of elections shall approve or disap-
    21  prove  such use within six months of the submission of the report by the
    22  agency.
    23    20. The voter shall be able to sign the voter registration application
    24  and the agency application by means of a  single  manual  or  electronic
    25  signature  unless  the agency requires more than one signature for other
    26  agency purposes.
    27    21. No application for voter registration shall be  submitted  if  the
    28  applicant declines registration or fails to sign the integrated applica-
    29  tion, whether on paper or online.
    30    22.  (a) If a voter registration exemplar signature is not provided by
    31  an applicant who submits a voter registration  application  pursuant  to
    32  this title, the local board shall seek to obtain such exemplar signature
    33  from  the  statewide  voter  registration  database,  the state board of
    34  elections, or a state or local agency  designated  by  this  section  or
    35  section 5-212 of this title.
    36    (b)  If  such  exemplar  signature is not available from the statewide
    37  voter registration database, the state board of elections, or a state or
    38  local agency designated by this section or section 5-212 of this  title,
    39  the  local board of elections shall, absent another reason to reject the
    40  application, proceed to register and, as applicable, enroll  the  appli-
    41  cant.  Within ten days of such action, the board of elections shall send
    42  a standard form promulgated by the state board of elections to the voter
    43  whose record lacks an exemplar signature, requiring such voter to submit
    44  a signature for identification purposes. The voter shall submit  to  the
    45  board of elections a voter registration exemplar signature by any one of
    46  the  following  methods:  in  person,  by  mail with return postage paid
    47  provided by the board of elections, by electronic mail, or by electronic
    48  upload to the board of elections through the electronic voter  registra-
    49  tion  transmittal  system.  If  such voter does not provide the required
    50  exemplar signature, when the voter appears to vote the  voter  shall  be
    51  entitled  to vote in the same manner as a voter with a notation indicat-
    52  ing the voter's identity  has  not  yet  been  verified  in  the  manner
    53  provided by section 8-302 of this chapter.
    54    23.  Notwithstanding subdivision six of section 5-210 of this title or
    55  any other law to the contrary, a person who is ineligible  to  vote  who
    56  fails  to  decline to register to vote in accordance with the provisions

        S. 1510--A                         48                         A. 2010--A
     1  of this section and did not willfully or knowingly seek to  register  to
     2  vote knowing that he or she is not eligible to do so:
     3    (a)  shall not be guilty of any crime as the result of the applicant's
     4  failure to make such declination;
     5    (b) shall be deemed to have been  registered  with  official  authori-
     6  zation; and
     7    (c)  such act may not be considered as evidence of a claim to citizen-
     8  ship.
     9    24. Notwithstanding subdivision six of section 5-210 of this title  or
    10  any  other  law  to the contrary, a person who is ineligible to vote who
    11  fails to decline to register to vote in accordance with  the  provisions
    12  of  this  section,  who  then  either  votes  or  attempts to vote in an
    13  election held after the effective date of  that  person's  registration,
    14  and  who did not willfully or knowingly seek to register to vote knowing
    15  that he or she is not eligible to do so, and did not  subsequently  vote
    16  or attempt to vote knowing that he or she is not eligible to do so:
    17    (a)  shall not be guilty of any crime as the result of the applicant's
    18  failure to make such declination and subsequent vote or attempt to vote;
    19    (b) shall be deemed to have been  registered  with  official  authori-
    20  zation; and
    21    (c)  such act may not be considered as evidence of a claim to citizen-
    22  ship.
    23    25. Notwithstanding any other law to the contrary,  no  agency  desig-
    24  nated  under  this  section shall transmit to the board of elections any
    25  application for registration or pre-registration for a person  that  is,
    26  by  virtue  of data maintained by the agency, demonstrably ineligible to
    27  register or pre-register to vote by reason of age or not being a citizen
    28  of the United States.
    29    26. The state board of elections  shall  promulgate  rules  and  regu-
    30  lations  to  implement  this  section.    All  agency  forms and notices
    31  required by this section  shall  be  approved  by  the  state  board  of
    32  elections.  All applications and notices for use by a board of elections
    33  pursuant to this section shall be promulgated  by  the  state  board  of
    34  elections,  and  no  addition  or alteration to such forms by a board of
    35  elections  shall  be  made  without  approval  of  the  state  board  of
    36  elections.
    37    § 2. This act shall take effect on the earlier occurrence of:  (i) two
    38  years after it shall have become a law; or (ii) five days after the date
    39  of  certification  by  the state board of elections that the information
    40  technology infrastructure to substantially implement this act  is  func-
    41  tional. Provided, further that the state board of elections shall notify
    42  the  legislative  bill  drafting  commission  upon the occurrence of the
    43  enactment of the legislation provided for in this act in order that  the
    44  commission  may  maintain  an accurate and timely effective data base of
    45  the official text of the laws of the state of New York in furtherance of
    46  effectuating the provisions of section 44 of  the  legislative  law  and
    47  section  70-b  of  the  public  officers law. Effective immediately, the
    48  addition, amendment and/or repeal of any rule  or  regulation  necessary
    49  for  the implementation of this act on its effective date are authorized
    50  to be made and completed on or before such date.
    51                                   PART H
    52    Section 1. Section 3-110 of the election law, as renumbered by chapter
    53  234 of the laws of 1976, is amended to read as follows:

        S. 1510--A                         49                         A. 2010--A
     1    § 3-110. Time allowed employees to vote. 1. [If a] A registered  voter
     2  [does  not  have  sufficient  time  outside of his working hours, within
     3  which to vote at any election, he] may, without loss of pay  for  up  to
     4  [two] three hours, take off so much working time as will[, when added to
     5  his voting time outside his working hours,] enable him or her to vote at
     6  any election.
     7    2. [If an employee has four consecutive hours either between the open-
     8  ing  of the polls and the beginning of his working shift, or between the
     9  end of his working shift and the closing  of  the  polls,  he  shall  be
    10  deemed to have sufficient time outside his working hours within which to
    11  vote. If he has less than four consecutive hours he may take off so much
    12  working  time  as will when added to his voting time outside his working
    13  hours enable him to vote, but not more than two hours of which shall  be
    14  without  loss  of  pay,  provided that he] The employee shall be allowed
    15  time off for voting only at the beginning or end of his or  her  working
    16  shift, as the employer may designate, unless otherwise mutually agreed.
    17    3. If the employee requires working time off to vote [he] the employee
    18  shall  notify  his or her employer not [more than ten nor] less than two
    19  working days before the day of the election that he or she requires time
    20  off to vote in accordance with the provisions of this section.
    21    4. Not less than ten working days before every election, every employ-
    22  er shall post conspicuously in the place of work where it can be seen as
    23  employees come or go to their place of work, a notice setting forth  the
    24  provisions  of this section.  Such notice shall be kept posted until the
    25  close of the polls on election day.
    26    § 2. This act shall take effect immediately.
    27                                   PART I
    28    Section 1. Subdivision 2 of section 8-100  of  the  election  law,  as
    29  amended  by  chapter  367  of  the  laws  of 2017, is amended to read as
    30  follows:
    31    2. Polls shall be open for voting during the following hours: a prima-
    32  ry election from [twelve o'clock noon until nine o'clock in the evening,
    33  except in the city of New York and  the  counties  of  Nassau,  Suffolk,
    34  Westchester,  Rockland,  Orange,  Putnam, Dutchess and Erie, and in such
    35  city or county from] six o'clock in the morning until  nine  o'clock  in
    36  the  evening; the general election from six o'clock in the morning until
    37  nine o'clock in the evening; a special election called by  the  governor
    38  pursuant  to  the public officers law, and, except as otherwise provided
    39  by law, every other election, from six o'clock in the morning until nine
    40  o'clock in the evening; early voting hours shall be as provided in title
    41  six of this article.
    42    § 2. This act shall take effect on the first of January after it shall
    43  have become a law and shall apply to any election held 120 days after.
    44                                   PART J
    45    Section 1. The opening paragraph of paragraph (b) of subdivision 4  of
    46  section  3-212 of the election law, as amended by chapter 79 of the laws
    47  of 1992, is amended to read as follows:
    48    Said annual report, as required by paragraph (a) of this  subdivision,
    49  shall  include  a  detailed description of existing programs designed to
    50  enhance voter registration, including  pre-registration.    Such  report
    51  shall include a voter registration action plan which details the various
    52  activities  and programs of each board, including a description of those

        S. 1510--A                         50                         A. 2010--A
     1  steps which shall be taken in the future to increase registration oppor-
     2  tunities, especially for those identifiable groups  of  persons  histor-
     3  ically  underrepresented  on the rolls of registered voters; and coordi-
     4  nate  voter  education  programs  with  school  districts,  colleges and
     5  universities within the board's jurisdiction including  voter  registra-
     6  tion of qualified applicants and instructional or extracurricular activ-
     7  ities promoting participation in the electoral process.
     8    § 2. Paragraph (g) and subparagraphs (vi) and (xi) of paragraph (k) of
     9  subdivision  5 of section 5-210 of the election law, as amended by chap-
    10  ter 179 of the laws of 2005, are amended to read as follows:
    11    (g) Notice that the applicant must be a citizen of the United  States,
    12  is  [or  will  be] at least [eighteen] sixteen years old [not later than
    13  December  thirty-first  of  the  calendar  year  in  which  he  or   she
    14  registers], and is a resident of the county or city to which application
    15  is made.
    16    (vi) A space for the applicant to answer the question ["Will you be 18
    17  years  of  age  on  or before election day?"] "Are you at least 16 years
    18  old?" and the statement "If you checked "no" in response to  this  ques-
    19  tion, do not complete this form [unless you will be 18 by the end of the
    20  year]."
    21    (xi)  A place for the applicant to execute the form on a line which is
    22  clearly labeled "signature  of  applicant"  preceded  by  the  following
    23  specific form of affirmation:
    24    AFFIDAVIT: I swear or affirm that:
    25       * I am a citizen of the United States.
    26       * I will have lived in the county, city, or village for at least 30
    27         days before the election.
    28       * I  meet  all the requirements to register or pre-register to vote
    29         in New York State.
    30       * This is my signature or mark on the line below.
    31       * All the information contained on  this  application  is  true.  I
    32         understand that if it is not true I can be convicted and fined up
    33         to $5,000 and/or jailed for up to four years.
    34  which  form of affirmation shall be followed by a space for the date and
    35  the aforementioned line for the applicant's signature.
    36    § 3. Paragraph o of subdivision 4 of section  5-500  of  the  election
    37  law, as amended by chapter 659 of the laws of 1994, is amended and a new
    38  paragraph p is added to read as follows:
    39    o.  A space for "remarks" regarding other facts required by this chap-
    40  ter to be recorded or appropriate to identify the voter[.];
    41    p. A space for pre-registering applicants to respond to the  following
    42  question: "Are you at least 16 years of age and understand that you must
    43  be 18 years of age on or before election day to vote, and that until you
    44  reach  the  age  of 18 your registration will be marked as 'pending' and
    45  you will be unable to cast a ballot in any election?".
    46    § 4. Subdivision 1 of section 5-102 of the election law is amended  to
    47  read as follows:
    48    1.  No  person  shall  be  qualified  to  register for and vote at any
    49  election unless he is a citizen of the United States [and is or will be,
    50  on the day of such election], is eighteen years of age or over, and is a
    51  resident of this state and of the county, city or village for a  minimum
    52  of thirty days next preceding such election.
    53    § 5. The election law is amended by adding a new section 5-507 to read
    54  as follows:
    55    §  5-507.  Voter  pre-registration.  A  person who is at least sixteen
    56  years of age and who is otherwise qualified  to  register  to  vote  may

        S. 1510--A                         51                         A. 2010--A
     1  pre-register  to vote, and shall be automatically registered upon reach-
     2  ing the age of eligibility, following verification of the person's qual-
     3  ifications and address.
     4    §  6. This act shall take effect on the first of January next succeed-
     5  ing the date on which it shall have become a law. Effective immediately,
     6  the addition, amendment and/or repeal of any rules or regulations neces-
     7  sary for the implementation of  this  act  on  its  effective  date  are
     8  authorized to be made and completed on or before such date.
     9                                   PART K
    10    Section  1. The election law is amended by adding a new section 14-131
    11  to read as follows:
    12    § 14-131. Government vendor contributions. 1. (a) It shall be unlawful
    13  during the restricted vendor contribution period for any person,  organ-
    14  ization, group of persons, or business entity that submits a bid, quota-
    15  tion, offer or response to a state governmental entity posting or solic-
    16  itation  for  procurement  to make a contribution to any officeholder of
    17  the state governmental entity or entities issuing such posting or solic-
    18  itation, evaluating such response or approving  or  awarding  the  final
    19  procurement  contract, or to any candidate for an office of such govern-
    20  mental entity, including to such officeholder's or  candidate's  author-
    21  ized political committees.
    22    (b)  For  purposes  of  this  section the assembly and senate shall be
    23  separate and distinct governmental entities when a particular posting or
    24  solicitation for procurement is issued by only one respective house.
    25    (c) The state governmental entity  directly  responsible  for  issuing
    26  such  posting  or solicitation for procurement shall include a notice of
    27  the prohibition established by this section and the  state  governmental
    28  entity responsible for evaluating responses to such posting or solicita-
    29  tion  shall  provide  to  any person, organization, group of persons, or
    30  business entity that submits a proposal in response to such  posting  or
    31  solicitation a notice of the prohibition established by this section and
    32  the restricted vendor contribution period commencement date.
    33    2.  As  used in this section "business entity" means a business corpo-
    34  ration, professional services corporation,  limited  liability  company,
    35  partnership,  limited  partnership,  business  trust, association or any
    36  other legal commercial entity organized under the laws of this state  or
    37  any  other  state  or  foreign  jurisdiction,  including  any subsidiary
    38  directly or indirectly controlled by the business entity, and any  poli-
    39  tical organization, including but not limited to any political organiza-
    40  tion  organized  under section 527 of the Internal Revenue Code, that is
    41  directly or indirectly controlled by the business entity.
    42    3. The restricted vendor contribution period described in this section
    43  shall commence, with respect to a specific person,  organization,  group
    44  of  persons,  or business entity that submits a bid, quotation, offer or
    45  response to the state governmental entity posting  or  solicitation,  at
    46  the  earliest  posting,  on  a state governmental entity's website, in a
    47  newspaper of general circulation or  in  the  procurement  opportunities
    48  newsletter in accordance with article four-C of the economic development
    49  law  of  written  notice, advertisement or solicitation of a request for
    50  proposal, invitation for bids, or solicitations  of  proposals,  or  any
    51  other method provided for by law or regulation for soliciting a response
    52  from offerers intending to result in a procurement contract with a state
    53  governmental  entity. The restricted vendor contribution period does not
    54  apply to a person, organization, group of  persons  or  business  entity

        S. 1510--A                         52                         A. 2010--A
     1  that is responding to a state governmental entity's request for informa-
     2  tion  or  other  informational exchanges occurring prior to such govern-
     3  mental entity's posting or solicitation for procurement.
     4    4. The restricted vendor contribution period described in this section
     5  shall  end  with  respect  to  a specific person, organization, group of
     6  persons, or business entity as follows:
     7    (a) If the person, organization, group of persons, or business  entity
     8  is  the  recipient  of  the  final contract award, the restricted vendor
     9  contribution period shall end one year after the  final  contract  award
    10  and approval by the state governmental entity and, where applicable, the
    11  state comptroller.
    12    (b)  If the person, organization, group of persons, or business entity
    13  is not the recipient of the final contract award, the restricted  vendor
    14  contribution period shall end with the final contract award and approval
    15  by  the state governmental entity and, where applicable, the state comp-
    16  troller.
    17    § 2. Section 14-126 of the election law is amended  by  adding  a  new
    18  subdivision 8 to read as follows:
    19    8.  (a) Any person, organization, group of persons, or business entity
    20  as that term is used in section  14-131  of  this  article,  who,  under
    21  circumstances  evincing  an intent to violate such law, makes a contrib-
    22  ution in contravention of  section  14-131  of  this  article  shall  be
    23  subject  to  a  civil  penalty not to exceed the greater of ten thousand
    24  dollars or an amount equal to two hundred percent of  the  contribution,
    25  to  be recoverable in a special proceeding or civil action to be brought
    26  by the state board of elections chief enforcement counsel.
    27    (b) Any person who, acting as or on behalf of an officeholder,  candi-
    28  date, or political committee, accepts a contribution in contravention of
    29  section 14-131 of this article shall be required to refund such contrib-
    30  ution.
    31    § 3. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law.
    33                                   PART L
    34    Section  1. Section 5-208 of the election law, as added by chapter 659
    35  of the laws of 1994, subdivisions 1, 5 and 8 as amended by  chapter  200
    36  of the laws of 1996, is amended to read as follows:
    37    §  5-208.  Transfer  of  registration  and enrollment. 1. The board of
    38  elections shall transfer the registration and enrollment  of  any  voter
    39  appearing  on  a  statewide  voter  list  pursuant to subdivision one of
    40  section 5-614 of this article for whom it receives a notice of change of
    41  address to another address in [the same county or city] New York  state,
    42  or  for  any  voter  who  casts a ballot in an affidavit ballot envelope
    43  which sets forth such a new address.   Such notices shall  include,  but
    44  not be limited to, notices received from any state agency which conducts
    45  a  voter  registration  program  pursuant  to the provisions of sections
    46  5-211 and 5-212 of this title, that the voter has notified  such  agency
    47  of  a  change  of  address  in  [the same city or county] New York state
    48  unless the voter has indicated that such change of address  is  not  for
    49  voter  registration  purposes,  notices  of  change  of address from the
    50  United States Postal Service through  the  National  Change  of  Address
    51  System,  any  notices of a forwarding address on mail sent to a voter by
    52  the board of elections and returned by the postal service,  national  or
    53  state  voter  registration  forms,  confirmation mailing response cards,
    54  United States Postal Service notices  to  correspondents  of  change  of

        S. 1510--A                         53                         A. 2010--A
     1  address,  applications  for registration from persons already registered
     2  in [such county or city] New York state, or any other notices to  corre-
     3  spondents sent to the board of elections by such voters.
     4    2.  Upon  receipt of such a notice, the board shall compare the signa-
     5  ture (if any) and other information with the signature and other  infor-
     6  mation  on  the registration record on file. If such signature and other
     7  information appears to be correct, the board shall change the address of
     8  the voter in all the records of such board.
     9    3. If such a notice is received at least twenty days before a primary,
    10  special or general election, such change of address  must  be  completed
    11  before such election.
    12    4.  If  such  application for registration from a voter already regis-
    13  tered in [such county or city] New York state also reflects a change  of
    14  enrollment,  the  board  of elections shall treat such application as an
    15  application for change of enrollment pursuant to section 5-304  of  this
    16  article.
    17    5.  As soon as practicable, after it transfers a voter's registration,
    18  the board of elections shall send the voter, by forwardable first  class
    19  or  return  postage guaranteed mail, a notice advising him or her of the
    20  transfer in a form which is similar to the notice  sent  to  new  regis-
    21  trants  pursuant  to  the  provisions of section 5-210 of this title and
    22  which has been approved by the state board of elections.  If the  notice
    23  of  change of address did not contain the voter's signature, such notice
    24  shall include a postage paid return card, in a form  prescribed  by  the
    25  state  board  of  elections,  on which the voter may notify the board of
    26  elections of any correction of address, together  with  a  statement  on
    27  such  notice  and  on  the return card that the voter should return such
    28  card only if the address to which the notice was sent is not the voter's
    29  current address.
    30    6. If a notice sent pursuant to subdivision five of  this  section  is
    31  returned by the postal service as undeliverable and without a forwarding
    32  address,  the  board  of elections shall return the registration of such
    33  voter to the original address, send such  voter  a  confirmation  notice
    34  pursuant  to  the provisions of subdivision one of section 5-712 of this
    35  [title] article and place such voter in inactive status.
    36    7. The board of elections shall preserve such  notices  of  change  of
    37  address for as long as registration records are otherwise required to be
    38  preserved  or,  if the computer readable records maintained by the board
    39  of elections include a complete copy of such  notice,  the  board  shall
    40  preserve  the original notice for a period of at least two years or such
    41  longer period as the state board of elections may require.
    42    8. If the board of elections receives notice of a  change  of  address
    43  within  [such city or county] New York state from, or with respect to, a
    44  person who it determines is not registered in [such county or city]  New
    45  York  state, it shall forthwith send such person a notice to that effect
    46  in a form approved by the state board of elections at  the  new  address
    47  set  forth  in  such  notice of change of address, together with a voter
    48  registration form.
    49    9. The state board of elections shall promulgate regulations as to the
    50  procedures for transferring a voter's registration and  enrollment  from
    51  one county to another.
    52    §  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
    53  8-302 of the election law, as amended by chapter  164  of  the  laws  of
    54  2010, is amended to read as follows:
    55    (ii) He or she may swear to and subscribe an affidavit stating that he
    56  or  she  has  duly  registered  to  vote,  the  address in such election

        S. 1510--A                         54                         A. 2010--A
     1  district from which he or she registered, that he or she remains a  duly
     2  qualified  voter in such election district, that his or her registration
     3  poll record appears to be lost or misplaced or  that  his  or  her  name
     4  and/or  his  or  her  signature  was omitted from the computer generated
     5  registration list or that he or she has  moved  within  [the  county  or
     6  city]  New  York state since he or she last registered, the address from
     7  which he or she was previously registered and the address at which he or
     8  she currently resides, and at a primary election, the party in which  he
     9  or she is enrolled. The inspectors of election shall offer such an affi-
    10  davit  to  each  such  voter whose residence address is in such election
    11  district.  Each such affidavit shall be in  a  form  prescribed  by  the
    12  state  board  of  elections, shall be printed on an envelope of the size
    13  and quality used for an absentee ballot envelope, and shall  contain  an
    14  acknowledgment  that  the  affiant  understands that any false statement
    15  made  therein  is  perjury  punishable  according  to  law.  Such   form
    16  prescribed  by  the  state  board of elections shall request information
    17  required to register such voter should the county board  determine  that
    18  such  voter  is  not  registered  and shall constitute an application to
    19  register to vote. The voter's name and the entries required  shall  then
    20  be  entered  without  delay  and  without  further inquiry in the fourth
    21  section of the challenge report or in the place provided at the  end  of
    22  the  computer  generated  registration  list, with the notation that the
    23  voter has executed the affidavit hereinabove  prescribed,  or,  if  such
    24  person's  name  appears on the computer generated registration list, the
    25  board of elections may provide a place to make such entry next to his or
    26  her name on such list.  The voter shall then, without  further  inquiry,
    27  be  permitted  to vote an affidavit ballot provided for by this chapter.
    28  Such ballot shall thereupon be placed in the envelope containing his  or
    29  her  affidavit,  and  the  envelope  sealed and returned to the board of
    30  elections in the manner provided by this chapter for protested  official
    31  ballots, including a statement of the number of such ballots.
    32    §  3.  This act shall take effect on the first of July next succeeding
    33  the date on which it shall have become a law.
    34                                   PART M
    35    Section 1. Subdivision 6 of section 14-114  of  the  election  law  is
    36  amended by adding a new paragraph c to read as follows:
    37    c.  Lobbyists,  as  defined by subdivision (a) of section one-c of the
    38  legislative law or by subdivision (a) of section 3-211 of  the  adminis-
    39  trative code of the city of New York, political action committees, labor
    40  unions,  and  any  person  who  has  registered  with the state board of
    41  elections as an independent expenditure committee pursuant  to  subdivi-
    42  sion  three of section 14-107 of this article are prohibited from making
    43  loans to candidates or political committees; provided, however,  that  a
    44  lobbyist  shall  not  be  prohibited  from  making  a loan to himself or
    45  herself or to his or her own political committee when such lobbyist is a
    46  candidate for office.
    47    § 2. This act shall take effect immediately.
    48                                   PART N
    49    Section 1. Section 1-104 of the election law is amended  by  adding  a
    50  new subdivision 38 to read as follows:
    51    38.  "Computer  generated  registration list" means a printed or elec-
    52  tronic list of voters  in  alphabetical  order  for  a  single  election

        S. 1510--A                         55                         A. 2010--A
     1  district  or  poll site, generated from a computer registration file for
     2  each election and containing for each voter listed, a facsimile  of  the
     3  signature of the voter. Such a list may be in a single volume or in more
     4  than  one volume. The list may be utilized in place of registration poll
     5  records, to establish a person's eligibility  to  vote  in  the  polling
     6  place on election day.
     7    (a)  The  state  board  of elections shall promulgate minimum security
     8  standards for any electronic device, and any network or system to  which
     9  the  electronic  device is connected, that is used to store or otherwise
    10  access a computer generated registration list, and shall also promulgate
    11  a list of devices that are approved for use. No local board of elections
    12  shall be permitted to use such  a  device  unless  the  state  board  of
    13  elections  has  previously approved the device for use and has certified
    14  that the network or system to which the electronic device  is  connected
    15  is compliant with the minimum security standards.
    16    (b) The minimum security standards for such devices shall be commensu-
    17  rate  with  the  level  of  security risk applicable to such devices and
    18  shall specifically take into account any security risk  associated  with
    19  voting equipment-related supply chains in addition to any other applica-
    20  ble security risk.
    21    § 2. Subdivision 1 of section 4-128 of the election law, as amended by
    22  chapter 125 of the laws of 2011, is amended to read as follows:
    23    1.  The  board of elections of each county shall provide the requisite
    24  number of official and facsimile ballots, two cards  of  instruction  to
    25  voters  in the form prescribed by the state board of elections, at least
    26  one copy of the instruction booklet for inspectors, a sufficient  number
    27  of  maps,  street  finders  or  other descriptions of all of the polling
    28  places and election districts within the political subdivision in  which
    29  the  polling place is located to enable the election inspectors and poll
    30  clerks to determine the correct election district and polling place  for
    31  each  street address within the political subdivision in which the poll-
    32  ing place is located, distance markers, tally sheets and return  blanks,
    33  pens,  [black  ink,  or ball point pens with black ink,] pencils [having
    34  black lead], or other appropriate marking  devices,  envelopes  for  the
    35  ballots  of voters whose registration poll records are not in the ledger
    36  or whose names are not [on] in the computer generated registration list,
    37  envelopes for returns, identification buttons, badges or emblems for the
    38  inspectors and clerks in the form  prescribed  by  the  state  board  of
    39  elections  and such other articles of stationery as may be necessary for
    40  the proper conduct of elections,  except  that  when  a  town,  city  or
    41  village  holds  an election not conducted by the board of elections, the
    42  clerk of such town, city or village, shall  provide  such  official  and
    43  facsimile  ballots and the necessary blanks, supplies and stationery for
    44  such election.
    45    § 3. Subdivision c of section 4-132 of the election law, as amended by
    46  chapter 164 of the laws of 1985, is amended to read as follows:
    47    c. A booth or device in each election district for the use  of  voters
    48  marking  ballots.  Such  booth  or  device shall be so constructed as to
    49  permit the voter to mark his or her  ballot  in  secrecy  and  shall  be
    50  furnished  at all times with [a pencil having black lead only] an appro-
    51  priate marking device.
    52    § 4. Section 4-134 of the election law, the section heading as amended
    53  by chapter 373 of the laws of 1978, subdivisions 1 and 3 as  amended  by
    54  chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
    55  of  the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
    56  of the laws of 1990, is amended to read as follows:

        S. 1510--A                         56                         A. 2010--A
     1    § 4-134. Preparation and delivery of ballots, supplies  and  equipment
     2  for  use  at  elections. 1. The board of elections shall deliver, at its
     3  office, to the clerk of each town or city  in  the  county,  except  the
     4  cities  of  New  York,  Buffalo  and  Rochester and to the clerk of each
     5  village  in  the county in which elections are conducted by the board of
     6  elections, by the Saturday before the primary, general, village or other
     7  election for which they are required: the official and  sample  ballots;
     8  ledgers  prepared for delivery in the manner provided in subdivision two
     9  of this section and containing the  registration  poll  records  of  all
    10  persons entitled to vote at such election in such town, city or village,
    11  or  computer  generated  registration  lists containing the names of all
    12  persons entitled to vote at such election in such town, city or village;
    13  challenge reports prepared  as  directed  by  this  chapter;  sufficient
    14  applications for registration by mail; sufficient ledger seals and other
    15  supplies  and  equipment  required by this article to be provided by the
    16  board of elections for each polling place in such town, city or village.
    17  The town, city or village clerk shall call at the office of  such  board
    18  of  elections at such time and receive such ballots, supplies and equip-
    19  ment. In the cities of New York, Buffalo  and  Rochester  the  board  of
    20  elections  shall cause such ballots, supplies and equipment to be deliv-
    21  ered to the board of inspectors of each election district  approximately
    22  one-half hour before the opening of the polls for voting, and shall take
    23  receipts therefor.
    24    2.  The  board of elections shall provide for each election district a
    25  ledger or ledgers containing the registration poll records or  [printed]
    26  lists with computer generated facsimile signatures, of all persons enti-
    27  tled  to  vote  in such election district at such election. Such ledgers
    28  shall be labelled, sealed, locked and  transported  in  locked  carrying
    29  cases.  After leaving the board of elections no such carrying case shall
    30  be unlocked except at the time and in the manner provided in this  chap-
    31  ter.
    32    3.  [Any  envelope  containing  absentee  voters' ballots on which the
    33  blanks have not been properly filled in shall be stamped to indicate the
    34  defect and shall be preserved by the board for at least one  year  after
    35  the receipt thereof.
    36    4.] Each kind of official ballot shall be arranged in a package in the
    37  consecutive  order of the numbers printed on the stubs thereof beginning
    38  with number one. All official  and  sample  ballots  for  each  election
    39  district  shall  be  in  separate sealed packages, clearly marked on the
    40  outside thereof, with the number and kind of ballots  contained  therein
    41  and  indorsed  with  the  designation of the election district for which
    42  they were prepared.  The  other  supplies  provided  for  each  election
    43  district also shall be [inclosed] enclosed in a sealed package, or pack-
    44  ages,  with  a label on the outside thereof showing the contents of each
    45  package.
    46    [5. Each town, city and village clerk receiving  such  packages  shall
    47  cause  all] 4. All such packages so received and marked for any election
    48  district [to] shall be delivered unopened and  with  the  seals  thereof
    49  unbroken  to  the  inspectors  of election of such election districts at
    50  least [one-half] one hour before  the  opening  of  the  polls  of  such
    51  election  therein, [and] who shall [take] give a receipt therefor speci-
    52  fying the number and kind of packages delivered. [At the same time  each
    53  such  clerk shall cause to be delivered to such inspectors the equipment
    54  described in subdivision two of this section and shall cause  a  receipt
    55  to be taken therefor.

        S. 1510--A                         57                         A. 2010--A

     1    6.]  5. Town, city and village clerks required to provide official and
     2  sample ballots, registration records, seals, supplies and equipment,  as
     3  described  in  this  section,  for  town, city and village elections not
     4  conducted by the board of elections, shall in like manner, deliver  them
     5  to  the inspectors or presiding officers of the election at each polling
     6  place at which such meetings and elections are  held,  respectively,  in
     7  like  sealed  packages  marked  on the outside in like manner, and shall
     8  take receipts therefor in like manner.
     9    § 5. Subdivision 1 of section 5-302 of the election law, as separately
    10  amended by chapters 164 and 558 of the laws of 1985, is amended to  read
    11  as follows:
    12    1.  Before  placing the registration poll record in the poll ledger or
    13  in the computer generated registration list, the board  shall  enter  in
    14  the  space  provided  therefor  [on  the  back of such registration poll
    15  record] the name of the party designated by the voter on his application
    16  form, provided such party continues to be a party  as  defined  in  this
    17  law.    If such party ceases to be a party at any time, either before or
    18  after such enrollment is so entered, the enrollment of such voter  shall
    19  be  deemed  to  be  blank  and shall be entered as such until such voter
    20  files an application for change of enrollment pursuant to the provisions
    21  of this chapter.  [In the city of New York the board shall also affix  a
    22  gummed  sticker  of  a different color for each party in a place on such
    23  registration poll record immediately adjacent to such entry.] The  board
    24  shall  enter  the  date  of such entry and affix initials thereto in the
    25  space provided.
    26    § 6. Paragraph c of subdivision 3 of section  5-506  of  the  election
    27  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    28  as follows:
    29    c. The computer generated registration list prepared for each election
    30  in each election district shall be [printed by a printer] prepared in  a
    31  manner  which  meets  or  exceeds  standards  for  clarity  and speed of
    32  [reproduction] production established by the state board  of  elections,
    33  shall  be  in  a form approved by such board, shall include the names of
    34  all voters eligible to vote in such election and shall be  in  alphabet-
    35  ical  order, except that, at a primary election, the names of the voters
    36  enrolled in each political party may be placed in a separate part of the
    37  list or in a separate list, as the board of elections in its discretion,
    38  may determine.  Such list shall contain, adjacent to each voter's  name,
    39  or  in  a  space  so designated, at least the following: street address,
    40  date of birth,  party  enrollment,  year  of  registration,  a  computer
    41  reproduced  facsimile of the voter's signature or an indication that the
    42  voter is unable to sign his name, a place for the voter to sign his name
    43  at such election and a place for  the  inspectors  to  mark  the  voting
    44  machine number, the public counter number [and] if any, or the number of
    45  any paper ballots given the voter.
    46    § 7. Subdivision 2 of section 8-202 of the election law, as amended by
    47  chapter 164 of the laws of 2010, is amended to read as follows:
    48    2.  The  exterior  of  any  ballot  scanner, ballot marking device and
    49  privacy booth and every part of the polling place shall be in plain view
    50  of the election inspectors and watchers.  The  ballot  scanners,  ballot
    51  marking  devices,  and privacy booths shall be placed at least four feet
    52  from the table used by the inspectors in  charge  of  the  poll  [books]
    53  ledger  or computer generated registration list. The guard-rail shall be
    54  at least three feet from the machine and the table used by  the  inspec-
    55  tors.  The  election  inspectors  shall  not themselves be, or allow any
    56  other person to be, in any position or  near  any  position,  that  will

        S. 1510--A                         58                         A. 2010--A
     1  permit  one  to see or ascertain how a voter votes, or how he or she has
     2  voted nor shall they permit any other person to be less than three  feet
     3  from  the  ballot scanner, ballot marking device, or privacy booth while
     4  occupied.  The  election inspectors or clerks attending the ballot scan-
     5  ner, ballot marking device, or privacy booth shall regularly inspect the
     6  face of the ballot scanner, ballot marking device, or  the  interior  of
     7  the privacy booth to see that the ballot scanner, ballot marking device,
     8  or privacy booth has not been damaged or tampered with. During elections
     9  the  door  or  other  covering of the counter compartment of the machine
    10  shall not be unlocked or opened except by  a  member  of  the  board  of
    11  elections,  a  voting  machine  custodian  or  any other person upon the
    12  specific instructions of the board of elections.
    13    § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the  election
    14  law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
    15  visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
    16  ing  paragraph  of  paragraph (e) of subdivision 3 as amended by chapter
    17  125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
    18  vision 3 as amended by chapter 164 of the laws of 2010, are  amended  to
    19  read as follows:
    20    2.  The  voter shall give [his] the voter's name and [his] the voter's
    21  residence address to the inspectors. An inspector shall then loudly  and
    22  distinctly announce the name and residence of the voter.
    23    2-a. (a) If a voter's name appears in the ledger or computer generated
    24  registration  list  with a notation indicating that the voter's identity
    25  was not yet verified as required by the federal Help America  Vote  Act,
    26  the  inspector shall require that the voter produce one of the following
    27  types of identification before permitting the voter to cast his  or  her
    28  vote on the voting machine:
    29    (i)  a  driver's  license  or  department of motor vehicles non-driver
    30  photo ID card or other current and valid photo identification;
    31    (ii) a copy of a current  utility  bill,  bank  statement,  government
    32  check,  paycheck  or  other  government document that shows the name and
    33  address of the voter.
    34    (b) If the voter produces an identification document listed  in  para-
    35  graph  (a)  of  this subdivision, the inspector shall indicate so in the
    36  ledger or computer generated registration list, the voter will be deemed
    37  verified as required by the federal Help America Vote Act and the  voter
    38  shall be permitted to cast his or her vote on the voting machine.
    39    (c) If the voter does not produce an identification document listed in
    40  paragraph  (a)  of this subdivision, the voter shall only be entitled to
    41  vote by affidavit ballot unless a court order provides otherwise.
    42    3. (a) If an applicant is challenged, the board, without delay,  shall
    43  either  enter  his  name  in  the second section of the challenge report
    44  together with the other entries required to  be  made  in  such  section
    45  opposite the applicant's name or make an entry next to [his] the voter's
    46  name  [on]  in  the computer generated registration list or in the place
    47  provided [at the end of] in the computer generated registration list.
    48    (b) A person who claims to have moved to  a  new  address  within  the
    49  election  district  in  which  he  or she is registered to vote shall be
    50  permitted to vote in the same manner as other voters  unless  challenged
    51  on other grounds. The inspectors shall enter the names and new addresses
    52  of  all such persons in either the first section of the challenge report
    53  or in the place provided [at the  end  of]  in  the  computer  generated
    54  registration  list  and  shall  also  enter the new address next to such
    55  person's address on such computer generated registration list. When  the
    56  registration  poll  records of persons who have voted from new addresses

        S. 1510--A                         59                         A. 2010--A
     1  within  the  same  election  district  are  returned  to  the  board  of
     2  elections,  such  board  shall  change the addresses on the face of such
     3  registration  poll  records  without  completely  obliterating  the  old
     4  addresses  and  shall enter such new addresses and the new addresses for
     5  any such persons whose names were [on] in computer  generated  registra-
     6  tion lists into its computer records for such persons.
     7    (c)  A  person who claims a changed name shall be permitted to vote in
     8  the same manner as other voters unless challenged on other grounds.  The
     9  inspectors shall either enter the names of all such persons in the first
    10  section of the challenge report or in the place provided [at the end of]
    11  in  the  computer generated registration list, in the form in which they
    12  are registered, followed in parentheses by the name as changed or  enter
    13  the  name as changed next to such voter's name on the computer generated
    14  registration list. The voter shall sign first on the  registration  poll
    15  record  or  [on]  in  the computer generated registration list, the name
    16  under which the voter is registered and, immediately above it,  the  new
    17  name,  provided  that  [on]  in such [a computer generated] registration
    18  list, the new name may be signed in the place provided [at  the  end  of
    19  such list].  When the registration poll record of a person who has voted
    20  under a new name is returned to the board of elections, such board shall
    21  change  [his] the voter's name on the face of each [of his] registration
    22  [records] record without completely obliterating the old one, and there-
    23  after such person shall vote only under his or her new name. If a  voter
    24  has  signed  a  new name [on] in a computer generated registration list,
    25  such board shall enter such voter's new name and new signature  in  such
    26  voter's computer record.
    27    (d) If an applicant requests assistance in voting and qualifies there-
    28  for, the board shall provide assistance as directed by this chapter, and
    29  shall  without  delay  either  enter such applicant's name and the other
    30  entries required in the third section of the challenge report or make an
    31  entry next to such applicant's  name  [on]  in  the  computer  generated
    32  registration  list  or in the place provided [at the end of the computer
    33  generated] in such registration list.
    34    (e) Whenever a voter presents himself or herself and offers to cast  a
    35  ballot,  and  he or she claims to live in the election district in which
    36  he or she seeks to vote but no registration poll record can be found for
    37  him or her in the poll ledger or his or her name does not appear [on] in
    38  the computer generated registration list or his or  her  signature  does
    39  not  appear  next  to  his or her name [on] in such [computer generated]
    40  registration list or his or her registration poll record or the computer
    41  generated registration list does not show him or her to be  enrolled  in
    42  the  party  in  which  he  or she claims to be enrolled, a poll clerk or
    43  election  inspector  shall  consult  a  map,  street  finder  or   other
    44  description  of  all of the polling places and election districts within
    45  the political subdivision in which said election district is located and
    46  if necessary, contact the board of  elections  to  obtain  the  relevant
    47  information  and  advise  the  voter  of  the  correct polling place and
    48  election district for the residence address provided  by  the  voter  to
    49  such  poll  clerk or election inspector. Thereafter, such voter shall be
    50  permitted  to  vote  in  said  election  district  only  as  hereinafter
    51  provided:
    52    (i)  He  or  she may present a court order requiring that he or she be
    53  permitted to vote. At a primary election, such a court order must speci-
    54  fy the party in which the voter is permitted to  vote.  [He]  The  voter
    55  shall be required to sign [his] their full name on top of the first page
    56  of  such  order,  together  with  [his]  the voter's registration serial

        S. 1510--A                         60                         A. 2010--A
     1  number, if any, and  [his]  the  voter's  name  and  the  other  entries
     2  required  shall  then  be entered without delay in the fourth section of
     3  the challenge report or in the place provided [at the  end  of]  in  the
     4  computer  generated registration list, or, if such person's name appears
     5  on [the  computer  generated]  such  registration  list,  the  board  of
     6  elections may provide a place to make such entry next to his or her name
     7  on  such  list.  The voter shall then be permitted to vote in the manner
     8  otherwise prescribed for voters  whose  registration  poll  records  are
     9  found  in  the ledger or whose names are found on the computer generated
    10  registration list; or
    11    (ii) He or she may swear to and subscribe an affidavit stating that he
    12  or she has duly  registered  to  vote,  the  address  in  such  election
    13  district  from which he or she registered, that he or she remains a duly
    14  qualified voter in such election district, that his or her  registration
    15  poll  record  appears  to  be  lost or misplaced or that his or her name
    16  and/or his or her signature was  omitted  from  the  computer  generated
    17  registration  list or that he or she has moved within the county or city
    18  since he or she last registered, the address from which he  or  she  was
    19  previously  registered  and  the  address  at  which he or she currently
    20  resides, and at a primary election, the party in  which  he  or  she  is
    21  enrolled.  The  inspectors  of election shall offer such an affidavit to
    22  each such voter whose residence address is in  such  election  district.
    23  Each  such affidavit shall be in a form prescribed by the state board of
    24  elections, shall be printed on an envelope of the size and quality  used
    25  for  an  absentee  ballot  envelope, and shall contain an acknowledgment
    26  that the affiant understands that any false statement  made  therein  is
    27  perjury  punishable  according to law. Such form prescribed by the state
    28  board of elections shall request information required to  register  such
    29  voter  should  the  county board determine that such voter is not regis-
    30  tered and shall constitute an application to  register  to  vote.    The
    31  voter's  name  and  the  entries  required shall then be entered without
    32  delay and without further inquiry in the fourth section of the challenge
    33  report or in the place provided [at the end of] in the  computer  gener-
    34  ated  registration  list,  with the notation that the voter has executed
    35  the affidavit hereinabove prescribed, or, if such person's name  appears
    36  [on  the  computer  generated]  in  such registration list, the board of
    37  elections may provide a place to make such entry next to his or her name
    38  [on] in such list.  The voter shall then, without  further  inquiry,  be
    39  permitted to vote an affidavit ballot provided for by this chapter. Such
    40  ballot  shall  thereupon be placed in the envelope containing his or her
    41  affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
    42  elections  in the manner provided by this chapter for protested official
    43  ballots, including a statement of the number of such ballots.
    44    4. At a primary election, a voter whose registration poll record is in
    45  the ledger or computer generated registration list shall be permitted to
    46  vote only in the primary of the party in which such record  shows  [him]
    47  the  voter  to  be  enrolled unless [he] the voter shall present a court
    48  order pursuant to the provisions of subparagraph (i) of paragraph (e) of
    49  subdivision three of this section  requiring  that  [he]  the  voter  be
    50  permitted  to  vote  in the primary of another party, or unless [he] the
    51  voter shall present a certificate of enrollment issued by the  board  of
    52  elections,  not  earlier  than  one  month before such primary election,
    53  pursuant to the provisions of this chapter which certifies that [he] the
    54  voter is enrolled in a party other than the one  in  which  such  record
    55  shows  [him]  the  voter  to  be  enrolled,  or  unless  he or she shall

        S. 1510--A                         61                         A. 2010--A
     1  subscribe an affidavit pursuant to the provisions of  subparagraph  (ii)
     2  of paragraph (e) of subdivision three of this section.
     3    5.  Except  for  voters unable to sign their names, no person shall be
     4  permitted to vote  without  first  identifying  himself  or  herself  as
     5  required by this chapter.
     6    §  9.  Subdivisions  1,  2 and 3 of section 8-304 of the election law,
     7  subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986,  are
     8  amended to read as follows:
     9    1.  A person before being allowed to vote shall be required, except as
    10  provided in this chapter, to sign his or her name on the back of his  or
    11  her  registration  poll record on the first line reserved for his or her
    12  signature at the time of election which is not filled  with  a  previous
    13  signature,  or  [on  the  line of] in the space provided in the computer
    14  generated registration list reserved for [his]  the  voter's  signature.
    15  The two inspectors in charge shall satisfy themselves by a comparison of
    16  this  signature  with  [his]  the  voter's registration signature and by
    17  comparison of [his] the voter's appearance with the descriptive material
    18  on the face of the registration poll record that [he] the voter  is  the
    19  person  registered.  If they are so satisfied they shall enter the other
    20  information required for the election on the same line with the  voter's
    21  latest  signature,  shall  sign  their  names  or initials in the spaces
    22  provided therefor, and shall permit the applicant to vote. Any inspector
    23  or inspectors not satisfied shall challenge the applicant forthwith.
    24    2. If a person who alleges [his] an inability to sign his or her  name
    25  presents  himself  or  herself  to  vote,  the board of inspectors shall
    26  permit [him] such person to vote, unless challenged  on  other  grounds,
    27  provided  [he]  the voter had been permitted to register without signing
    28  [his] the voter's name. The board shall enter the words "Unable to Sign"
    29  in the space on [his] the voter's registration poll record reserved  for
    30  [his]  the  voter's  signature or on the line [of] or space the computer
    31  generated registration list reserved for [his] the voter's signature  at
    32  such  election.  If  [his]  the voter's signature appears upon [his] the
    33  voter's registration record or [upon] in the computer  generated  regis-
    34  tration list the board shall challenge [him] the voter forthwith, except
    35  that if such a person claims that he or she is unable to sign his or her
    36  name by reason of a physical disability incurred since [his] the voter's
    37  registration, the board, if convinced of the existence of such disabili-
    38  ty,  shall  permit  him or her to vote, shall enter the words "Unable to
    39  Sign" and a brief description of such disability in the  space  reserved
    40  for  [his]  the  voter's  signature at such election. At each subsequent
    41  election, if such disability still exists, [he] the voter shall be enti-
    42  tled to vote without signing [his] their name and the board  of  inspec-
    43  tors,  without  further notation, shall enter the words "Unable to Sign"
    44  in the space reserved for [his] the voter's signature at such election.
    45    3. The voter's facsimile signature [made by him upon registration  and
    46  his  signature  made  at  subsequent  elections]  shall  be  effectively
    47  concealed from the voter by a blotter or [piece of opaque  paper]  other
    48  means until after the voter shall have completed [his] the signature.
    49    §  10.  Subdivision 3 of section 8-306 of the election law, as amended
    50  by chapter 154 of the laws of 1991, is amended to read as follows:
    51    3. Any voter who requires assistance to vote by reason  of  blindness,
    52  disability  or  inability  to read or write may be given assistance by a
    53  person of the voter's choice, other than the voter's employer  or  agent
    54  of  the employer or officer or agent of the voter's union. A voter enti-
    55  tled to assistance in voting who does not select a particular person may
    56  be assisted by two election inspectors not of the same political  faith.

        S. 1510--A                         62                         A. 2010--A
     1  The  inspectors  or  person  assisting  a  voter  shall enter the voting
     2  machine or booth with [him] the voter, help [him] the voter in the prep-
     3  aration of [his] the voter's ballot and, if necessary, in the return  of
     4  the  voted  ballot  to the inspectors for deposit in the ballot box. The
     5  inspectors shall enter in the [remarks space on  the  registration  poll
     6  card  of  an  assisted voter, or next to the name of] space provided for
     7  such voter [on] in the computer generated registration list, the name of
     8  each officer or person rendering such assistance.
     9    § 11. Subdivision 2 of section 8-508 of the election law,  as  amended
    10  by chapter 200 of the laws of 1996, is amended to read as follows:
    11    2.  (a)  The  first  section  of such report shall be reserved for the
    12  inspectors of election to enter the name, address and registration seri-
    13  al number of each person who claims a change in name,  or  a  change  of
    14  address  within  the  election  district,  together with the new name or
    15  address of each such person. In lieu of preparing  section  one  of  the
    16  challenge  list, the board of elections may provide, next to the name of
    17  each voter [on] in the computer generated registration list, a place for
    18  the inspectors of election to record  the  information  required  to  be
    19  entered  in  such  section  one, or provide [at the end of such computer
    20  generated] elsewhere in such registration list, a place for the  inspec-
    21  tors of election to enter such information.
    22    (b)  The second section of such report shall be reserved for the board
    23  of inspectors to enter the name, address and registration serial  number
    24  of  each  person who is challenged on the day of election, together with
    25  the reason for the challenge.  If no voters are challenged, the board of
    26  inspectors shall enter  the  words  "No  Challenges"  across  the  space
    27  reserved  for  such names. In lieu of preparing section two of the chal-
    28  lenge report, the board of elections may provide, next to  the  name  of
    29  each voter [on] in the computer generated registration list, a place for
    30  the  inspectors  of  election  to  record the information required to be
    31  entered in such section two, or provide [at the  end  of  such  computer
    32  generated]  elsewhere in such registration list, a place for the inspec-
    33  tors of election to enter such information.
    34    (c) The third section of such report shall be reserved for  the  board
    35  of  inspectors to enter the name, address and registration serial number
    36  of each voter given assistance, together with the reason the  voter  was
    37  allowed  assistance,  the  name of the person giving such assistance and
    38  his address if not an inspector.  If no voters are given assistance, the
    39  board of inspectors shall enter the words  "No  Assistance"  across  the
    40  space reserved for such names. In lieu of providing section three of the
    41  challenge  report,  the board of elections may provide, next to the name
    42  of each voter [on] in the computer generated registration list, a  place
    43  for  the inspectors of election to record the information required to be
    44  entered in such section three, or provide [at the end of  such  computer
    45  generated]  elsewhere in such registration list, a place for the inspec-
    46  tors of election to enter such information.
    47    (d) The fourth section of such report shall be reserved for the  board
    48  of  inspectors to enter the name, address and registration serial number
    49  of each person who was permitted to vote pursuant to a court  order,  or
    50  to  vote  on a paper ballot which was inserted in an affidavit envelope.
    51  If there are no such names, such  board  shall  enter  the  word  "None"
    52  across  the  space provided for such names. In lieu of providing section
    53  four of such report, the board of elections may  provide,  next  to  the
    54  name  of  each voter [on] in the computer generated registration list, a
    55  place for the inspectors of election to record the information  required
    56  to  be  entered  in  such  section  four,  or provide [at the end of the

        S. 1510--A                         63                         A. 2010--A

     1  computer generated] elsewhere in such registration list, a place for the
     2  inspectors of election to enter such information.
     3    (e) At the foot of such report [and] or at the end of any such comput-
     4  er  generated  registration  list,  if  applicable, shall be [printed] a
     5  certificate that such report or list contains the names of  all  persons
     6  who  were  challenged  on  the  day  of election, and that each voter so
     7  reported as having been challenged took the oaths as required, that such
     8  report or list contains the names of all voters to whom such board  gave
     9  or  allowed  assistance  and  lists  the  nature of the disability which
    10  required such assistance to be given and the names and family  relation-
    11  ship,  if  any,  to the voter of the persons by whom such assistance was
    12  rendered; that each such assisted voter informed such board  under  oath
    13  that  he  required  such  assistance and that each person rendering such
    14  assistance took the required oath; that such report or list contains the
    15  names of all voters who were permitted to vote although their  registra-
    16  tion  poll records were missing; that the entries made by such board are
    17  a true and accurate record  of  its  proceedings  with  respect  to  the
    18  persons named in such report or list.
    19    (f)  Upon  the  return  of  such report [and] or lists to the board of
    20  elections, it shall complete the investigation of voting  qualifications
    21  of  all  persons named in the second section thereof or for whom entries
    22  were placed [on] in such computer generated registration lists  in  lieu
    23  of  the  preparation  of the second section of the challenge report, and
    24  shall forthwith proceed to cancel the registration of any person who, as
    25  noted upon such report, or in such list, was challenged at such election
    26  and refused either to take a challenge oath or to answer  any  challenge
    27  question.
    28    (g)  The  state board of elections shall prescribe a form of challenge
    29  report for use pursuant to the provisions of this section. Such form may
    30  require the insertion of such other information as the state board shall
    31  deem appropriate.
    32    § 12. Section 8-510 of  the  election  law,  the  section  heading  as
    33  amended  by chapter 373 of the laws of 1978, subdivision 1 as amended by
    34  chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
    35  43 of the laws of 1988, is amended to read as follows:
    36    § 8-510. Challenge report; completion of and [closing of  registration
    37  poll  ledgers]  procedure  after.  1. Immediately after the close of the
    38  polls the board of inspectors of election shall verify the entries which
    39  it has made on the challenge report or [at the end of the] in the spaces
    40  provided in the computer generated registration list by  comparing  such
    41  entries  with the information appearing on the registration poll records
    42  of the affected voters or the information appearing [next to  the  names
    43  of  such  voters  on]  in  the spaces provided in the computer generated
    44  registration list. If it has made no entries in section  two,  three  or
    45  four  of  such  report it shall write across or note in such section the
    46  words "No challenges", "No assistance" or "None", as the case may be, as
    47  directed in this chapter.
    48    2. After completing such report the  inspectors  shall  sign  [the]  a
    49  certificate  [at  the end of] in the spaces provided by the county board
    50  of elections for such report.
    51    3. The inspectors shall place such completed report,  and  each  court
    52  order,  if any, directing that a person be permitted to vote, [inside a]
    53  in the secure container provided by the county board  of  elections  for
    54  such  ledger  of registration records or computer generated registration
    55  lists [between the front cover, and the first registration  record]  and
    56  then shall close and seal each ledger of registration records or comput-

        S. 1510--A                         64                         A. 2010--A
     1  er  generated  registration  lists, [affix their signature to the seal,]
     2  lock such ledger in the carrying case furnished  for  that  purpose  and
     3  enclose  the  keys in a sealed package or seal such list in the envelope
     4  provided for that purpose.
     5    §  13.  Clauses  (C)  and  (D) of subparagraph (i) of paragraph (a) of
     6  subdivision 2 of section 9-209 of the election law, as amended by  chap-
     7  ter 308 of the laws of 2011, are amended to read as follows:
     8    (C)  If  such  person  is  found to be registered and has not voted in
     9  person, an inspector shall compare the signature, if any, on each envel-
    10  ope with the signature, if any, on the  registration  poll  record,  the
    11  computer  generated  list  of  registered  voters or the list of special
    12  presidential voters, of the person of the same name who registered  from
    13  the  same  address.  If  the  signatures  are  found to correspond, such
    14  inspector shall certify thereto by [signing] placing his or her initials
    15  in the ["Inspector's Initials"  line  on  the]  space  provided  in  the
    16  computer generated list of registered voters [or in the "remarks" column
    17  as appropriate].
    18    (D)  If  such  person  is  found to be registered and has not voted in
    19  person, and if no challenge is made, or  if  a  challenge  made  is  not
    20  sustained, the envelope shall be opened, the ballot or ballots withdrawn
    21  without  unfolding,  and  the  ballot or ballots deposited in the proper
    22  ballot box or boxes, or envelopes, provided however that, in the case of
    23  a primary election, the ballot shall be deposited in the box only if the
    24  ballot is of the party with which the voter is enrolled according to the
    25  entry on the back of his or her registration poll record or [next to his
    26  or her name on] in the computer generated registration list; if not, the
    27  ballot shall be rejected without inspection or unfolding  and  shall  be
    28  returned  to the envelope which shall be endorsed "not enrolled." At the
    29  time of the deposit of such ballot or ballots in the box  or  envelopes,
    30  the  inspectors shall enter the words "absentee vote" or "military vote"
    31  in the space reserved for the voter's signature on the aforesaid list or
    32  in the "remarks" [column] space as appropriate, and shall enter the year
    33  and month of the election on the same line in the spaces provided there-
    34  for.
    35    § 14. Subdivision 4 of section 11-206 of the election law, as  amended
    36  by chapter 91 of the laws of 1992, is amended to read as follows:
    37    4.  The  registration  poll records of special federal voters shall be
    38  filed, in alphabetical order, by election district.  At each election at
    39  which [the ballots of] special federal  voters  are  [delivered  to  the
    40  inspectors  of election in each election district] eligible to vote, the
    41  registration poll records of all special  federal  voters  [eligible  to
    42  vote at such election] shall be delivered to such inspectors of election
    43  together  with  the other registration poll records or the names of such
    44  voters shall be included [on] in  the  computer  generated  registration
    45  list.  Such  records shall be delivered either in a separate poll ledger
    46  or a separate, clearly marked section, of the main poll ledger or [in  a
    47  separate,]  be  clearly  marked[,  section of] in the computer generated
    48  registration list as the board of elections shall determine.
    49    § 15. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become a law.
    51                                   PART O
    52    Section 1. Section 1-c of the legislative law is amended by  adding  a
    53  new paragraph (x) to read as follows:

        S. 1510--A                         65                         A. 2010--A
     1    (x)  The  term  "fundraising  activities"  shall  mean solicitation or
     2  collection by a lobbyist of contributions for a candidate for nomination
     3  for election, or election, to the office of governor, lieutenant  gover-
     4  nor,  comptroller,  attorney general, member of the legislature, elected
     5  office  in  a  municipality,  or for a political committee for use in an
     6  election campaign of any such candidate.
     7    § 2. Sections 1-u and 1-v of  the  legislative  law,  section  1-v  as
     8  renumbered by chapter 1 of the laws of 2005, are renumbered sections 1-y
     9  and 1-z and a new section 1-u is added to read as follows:
    10    §  1-u. Fundraising reports. (a) (i) For purposes of this section, the
    11  terms "contribution", "political committee", and "candidate" shall  have
    12  the meanings set forth in section 14-100 of the election law.
    13    (ii)  For  purposes  of this section, the term "lobbyist" shall mean a
    14  lobbyist as defined in section one-c of this article.
    15    (b) Any lobbyist required to file a statement of registration pursuant
    16  to section one-e of this article who in any calendar year to  which  the
    17  statement  of  registration relates, or in the six months preceding such
    18  calendar year, engages in fundraising activities, shall file,  with  the
    19  joint  commission  on  public  ethics,  on forms prescribed by the joint
    20  commission on public ethics, a fundraising report. Such report shall  be
    21  filed  in  accordance  with  the  schedule  applicable  to the filing of
    22  bi-monthly reports under section one-h of this  article,  provided  that
    23  the  first  fundraising  report filed in any calendar year shall include
    24  information on fundraising activities that occurred in any period begin-
    25  ning six months preceding the calendar year to which  the  statement  of
    26  registration  relates  through the end of the reporting period for which
    27  the report is filed,  to  the  extent  such  information  has  not  been
    28  reported  in  a  previously  filed  fundraising  report. Each subsequent
    29  fundraising report filed in or with respect  to  the  calendar  year  to
    30  which the statement of registration relates shall include information on
    31  all  fundraising  activities  that  occurred in the reporting period for
    32  which the current report is filed.
    33    (c) Such fundraising report shall contain: (i) the name,  address  and
    34  telephone  number  of  the  lobbyist and the individuals utilized by the
    35  lobbyist engaged in such fundraising; (ii) the name, address  and  tele-
    36  phone  number  of  the candidate, public servant, or elected official to
    37  whom or on whose behalf  the  lobbyist  provided  fundraising  services;
    38  (iii) (1) the compensation, if any, paid or owed to the lobbyist and any
    39  expenses incurred by the lobbyist for such fundraising activities; (2) a
    40  list  of  all  persons or entities with whom the lobbyist contracted for
    41  the purpose of providing fundraising services;  (iv)  the  total  dollar
    42  amount  raised for each candidate or committee for which such activities
    43  were performed, including contributions made by the lobbyist.
    44    (d) All such fundraising reports shall be subject  to  review  by  the
    45  joint commission on public ethics.
    46    (e)  Whenever there is a change in the information filed by a lobbyist
    47  in a report filed pursuant to this section, an amended report  shall  be
    48  submitted  to  the joint commission on public ethics on forms prescribed
    49  by the joint commission on public ethics, within ten days of the  change
    50  in the information occurring.
    51    (f)  Such  fundraising reports shall be kept in electronic form by the
    52  joint commission on public ethics and  shall  be  available  for  public
    53  inspection pursuant to section one-s of this article.
    54    § 3. This act shall take effect immediately.
    55                                   PART P

        S. 1510--A                         66                         A. 2010--A
     1    Section  1.  Section 1-c of the legislative law is amended by adding a
     2  new subdivision (x) to read as follows:
     3    (x)  The  term  "political  consulting"  shall  mean  and  include the
     4  provision, for compensation, to any public official or candidate for  an
     5  elected state office, of advice, services or assistance in securing such
     6  public  office  including,  but  not  limited  to,  campaign management,
     7  fundraising activities, public relations or media  services,  but  shall
     8  exclude  bona  fide  legal  work directly related to litigation or legal
     9  advice with regard to securing a place on the  ballot,  the  petitioning
    10  process, the conduct of an election or which involves the election law.
    11    § 2. Section 1-m of the legislative law, as added by chapter 14 of the
    12  laws of 2007, is amended to read as follows:
    13    § 1-m. Prohibition of gifts and political consulting.  (a) No individ-
    14  ual  or  entity  required  to  be  listed on a statement of registration
    15  pursuant to this article shall offer or give a gift to any public  offi-
    16  cial  as  defined within this article, unless under the circumstances it
    17  is not reasonable to infer that the gift was intended to influence  such
    18  public  official.  No  individual  or  entity required to be listed on a
    19  statement of registration pursuant to this article shall offer or give a
    20  gift to the spouse or unemancipated child  of  any  public  official  as
    21  defined  within  this article under circumstances where it is reasonable
    22  to infer that the gift was intended to influence such  public  official.
    23  No  spouse or unemancipated child of an individual required to be listed
    24  on a statement of registration pursuant to this article shall  offer  or
    25  give a gift to a public official under circumstances where it is reason-
    26  able  to infer that the gift was intended to influence such public offi-
    27  cial. This section shall not apply to  gifts  to  officers,  members  or
    28  directors of boards, commissions, councils, public authorities or public
    29  benefit corporations who receive no compensation or are compensated on a
    30  per  diem  basis, unless the person listed on the statement of registra-
    31  tion appears or has matters pending  before  the  board,  commission  or
    32  council on which the recipient sits.
    33    (b)  No  person  that is engaged in lobbying an elected official shall
    34  engage in political consulting for that elected official.
    35    (c) No person that is engaged in political consulting for any  elected
    36  official  or  candidate  for  an elected office shall engage in lobbying
    37  that elected official.
    38    § 3. Subdivision (h) of section 1-c of the legislative law,  as  added
    39  by chapter 2 of the laws of 1999, is amended to read as follows:
    40    (h) The term "compensation" shall mean any salary, fee, gift, payment,
    41  benefit,  loan, advance or any other thing of value paid, owed, given or
    42  promised to the lobbyist or  political  consultant  by  the  client  for
    43  lobbying  or  political  consulting  but shall not include contributions
    44  reportable pursuant to article fourteen of the election law.
    45    § 4. Section 14-100 of the election law is amended by adding  two  new
    46  subdivisions 18 and 19 to read as follows:
    47    18.  "political  consulting"  means  and  includes  the  provision for
    48  compensation, to any political committee or  candidate  for  an  elected
    49  office  of  advice,  services  or  assistance  in securing public office
    50  including, but not limited to, campaign management,  fundraising  activ-
    51  ities,  public relations or media services, but shall exclude legal work
    52  directly related to litigation or legal advice with regard to securing a
    53  place on the ballot, the petitioning process, the conduct of an election
    54  or which involves this chapter.

        S. 1510--A                         67                         A. 2010--A
     1    19. "compensation" means any  salary,  fee,  gift,  payment,  benefit,
     2  loan, advance or any other thing of value paid, owed, given or promised,
     3  but shall not include contributions reportable pursuant to this article.
     4    §  5.  Subdivision 1 of section 14-102 of the election law, as amended
     5  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
     6  laws of 1978, is amended to read as follows:
     7    1. The treasurer of every political committee which, or  any  officer,
     8  member  or  agent  of  any  such  committee  who, in connection with any
     9  election, receives or expends any  money  or  other  valuable  thing  or
    10  incurs  any  liability  to pay money or its equivalent shall file state-
    11  ments sworn, or subscribed and bearing a form notice that  false  state-
    12  ments  made  therein are punishable as a class A misdemeanor pursuant to
    13  section 210.45 of the penal law, at the times prescribed by this article
    14  setting forth all the receipts, contributions to and the expenditures by
    15  and liabilities of the committee,  and  of  its  officers,  members  and
    16  agents in its behalf. Such statements shall include the dollar amount of
    17  any  receipt,  contribution or transfer, or the fair market value of any
    18  receipt, contribution or transfer, which is other  than  of  money,  the
    19  name  and  address  of  the  transferor, contributor or person from whom
    20  received, and if the transferor, contributor or person  is  a  political
    21  committee; the name of and the political unit represented by the commit-
    22  tee,  the  date  of its receipt, the dollar amount of every expenditure,
    23  the name and address of the person to whom it was made or  the  name  of
    24  and the political unit represented by the committee to which it was made
    25  and  the  date  thereof,  and  shall  state  clearly the purpose of such
    26  expenditure.  Furthermore, such statements shall include a list  of  all
    27  persons  which  provided  political  consulting  services,  and the fair
    28  market value of and the actual amount paid to each such person  for  the
    29  provision  of  political  consulting services. Any statement reporting a
    30  loan shall have attached to it a copy of the evidence  of  indebtedness.
    31  Expenditures  in  sums  under  fifty  dollars  need  not be specifically
    32  accounted for by separate items in said  statements,  and  receipts  and
    33  contributions  aggregating  not  more than ninety-nine dollars, from any
    34  one contributor need not be specifically accounted for by separate items
    35  in said statements, provided however, that such  expenditures,  receipts
    36  and  contributions  shall  be subject to the other provisions of section
    37  14-118 of this article.
    38    § 6. Subdivision 1 of section 14-104 of the election law,  as  amended
    39  by section 1 of part C of chapter 286 of the laws of 2016, is amended to
    40  read as follows:
    41    1.  Any candidate for election to public office, or for nomination for
    42  public office at a contested primary  election  or  convention,  or  for
    43  election  to  a  party position at a primary election, shall file state-
    44  ments sworn, or subscribed and bearing a form notice that  false  state-
    45  ments  made  therein are punishable as a class A misdemeanor pursuant to
    46  section 210.45 of the penal law, at the times prescribed by this article
    47  setting forth the particulars specified by section 14-102 of this  arti-
    48  cle, as to all moneys or other valuable things, paid, given, expended or
    49  promised  by him or her to aid his or her own nomination or election, or
    50  to promote the success or defeat of a political  party,  or  to  aid  or
    51  influence  the  nomination or election or the defeat of any other candi-
    52  date to be voted for at the election or primary election or at a conven-
    53  tion, including contributions to political committees, officers, members
    54  or agents thereof, and transfers, receipts and contributions to  him  or
    55  her to be used for any of the purposes above specified, or in lieu ther-
    56  eof,  any  such  candidate  may file such a sworn statement at the first

        S. 1510--A                         68                         A. 2010--A
     1  filing period, on a form prescribed by the state board of elections that
     2  such candidate has made no such expenditures and does not intend to make
     3  any such expenditures, except through a political  committee  authorized
     4  by  such  candidate  pursuant to this article.  Furthermore, such state-
     5  ments shall include a list  of  all  persons  which  provided  political
     6  consulting  services, and the fair market value of and the actual amount
     7  paid to each such person  for  the  provision  of  political  consulting
     8  services. Such candidate may designate a committee of no less than three
     9  persons  who  shall be authorized to appoint and remove the treasurer of
    10  any authorized committee of the candidate. The designation or revocation
    11  of the committee shall be evidenced in a writing filed  with  the  state
    12  board  of  elections  by  the  candidate  authorizing the committee. The
    13  candidate may revoke such designation at any time. A  committee  author-
    14  ized  by  such a candidate may fulfill all of the filing requirements of
    15  this act on behalf of such candidate.
    16    § 7. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law.
    18                                   PART Q
    19    Section  1.  Section 172-e of the executive law, as added by section 1
    20  of part F of chapter 286 of the laws of 2016,  is  amended  to  read  as
    21  follows:
    22    §  172-e.  Disclosure  of  certain  donations by charitable non-profit
    23  entities. 1. Definitions. For the purposes of this section:
    24    (a) "Covered entity" shall mean any  corporation  or  entity  that  is
    25  qualified  as  an  exempt  organization  or  entity by the United States
    26  Department of the Treasury under I.R.C. 501(c)(3) that  is  required  to
    27  report  to  the  [department  of  law] joint commission on public ethics
    28  pursuant to this section.
    29    (b) "In-kind donation" shall  mean  [donations]  any  contribution  or
    30  donation  of  staff,  staff  time,  personnel, offices, office supplies,
    31  [financial] or other non-monetary support of  any  kind  [or  any  other
    32  resources].
    33    (c) ["Donation"] "Monetary donation" shall mean any financial contrib-
    34  ution,  including  a monetary gift, loan, [in-kind donation,] or advance
    35  [or deposit of money or anything of value].
    36    (d) "Recipient entity" shall mean any corporation or  entity  that  is
    37  qualified  as  an  exempt  organization  or  entity by the United States
    38  Department of the Treasury under I.R.C. 501(c)(4) that  is  required  to
    39  file  a  source  of  funding  report with the joint commission on public
    40  ethics pursuant to sections one-h and one-j of the legislative law.
    41    (e) "Reporting period" shall mean the six month period within a calen-
    42  dar year starting January first and ending June  thirtieth  or  the  six
    43  month  period  within  a  calendar  year  starting July first and ending
    44  December thirty-first.
    45    2. Funding disclosure reports to be filed by covered entities. (a) Any
    46  covered entity that makes a monetary donation or an in-kind donation  in
    47  excess of two thousand five hundred dollars to a recipient entity during
    48  a  [relevant]  reporting  period  shall file a funding disclosure report
    49  with the [department of law] joint commission on  public  ethics.    The
    50  funding disclosure report shall include:
    51    (i)  the name and address of the covered entity that made the monetary
    52  or in-kind donation;
    53    (ii) the name and address of the recipient  entity  that  received  or
    54  benefitted from the monetary or in-kind donation;

        S. 1510--A                         69                         A. 2010--A
     1    (iii)  the  names  of  any persons who exert operational or managerial
     2  control over the covered entity. The disclosures required by this  para-
     3  graph shall include the name of at least one natural person;
     4    (iv) the date the monetary or in-kind donation was made by the covered
     5  entity;
     6    (v)  [any  donation  in excess of two thousand five hundred dollars to
     7  the covered entity during the relevant reporting  period  including  the
     8  identity  of the donor of any such donation] the name and address of any
     9  individual, corporation, association or group that made any monetary  or
    10  in-kind  donation  in excess of two thousand five hundred dollars to the
    11  covered entity during the relevant reporting period; and
    12    (vi) the date of any such monetary or in-kind donation  to  a  covered
    13  entity.
    14    (b) The covered entity shall file a funding disclosure report with the
    15  [department of law] joint commission on public ethics within thirty days
    16  of the close of a reporting period.
    17    (c)  The  recipient  entity  shall  send a written notification to any
    18  covered entity who has made an in-kind or monetary donation in excess of
    19  two thousand five hundred dollars to the recipient entity during a rele-
    20  vant reporting period. Such notification shall advise that the recipient
    21  entity is required to file a source of funding  report  with  the  joint
    22  commission  on public ethics pursuant to sections one-h and one-j of the
    23  legislative law.
    24    (d) A covered entity  that  maintains  one  or  more  segregated  bank
    25  accounts  containing  funds used solely for monetary donations and makes
    26  all of its monetary donations to recipient entities from such an account
    27  and makes no in-kind donations, then with respect to donations  included
    28  in paragraph (a) of this subdivision, the funding disclosure report need
    29  only include monetary donations deposited into such accounts.
    30    3. Public disclosure of funding disclosure reports. The [department of
    31  law]  joint commission on public ethics shall promulgate any regulations
    32  necessary to implement these requirements and shall [forward the disclo-
    33  sure reports to the joint commission on public ethics for the purpose of
    34  publishing such] publish the funding disclosure reports on  the  commis-
    35  sion's  website, within thirty days of the close of each reporting peri-
    36  od; provided however that [the  attorney  general]  up  to  one  hundred
    37  eighty  days  before  the start of a reporting period, or at any time if
    38  good cause is shown, a covered entity may make  an  application  for  an
    39  exemption  from  the  public  disclosure  requirements  outlined in this
    40  subdivision. Exemption determinations shall be  made  by  the  executive
    41  director  of the joint commission on public ethics, or his or her desig-
    42  nee, who may determine that disclosure of donations to the covered enti-
    43  ty shall not be made public if, based upon  a  review  of  the  relevant
    44  facts  presented  by the covered entity, such disclosure may cause harm,
    45  threats, harassment, or reprisals to the source of the  donation  or  to
    46  individuals  or  property  affiliated  with  the source of the donation.
    47  With respect to future donations and donors, the executive  director  of
    48  the  joint  commission  on  public ethics, or his or her designee, shall
    49  determine that disclosure of donations to the covered entity  shall  not
    50  be  made  public if, based upon a review of the relevant facts presented
    51  by the covered entity, such disclosure is likely to cause  future  harm,
    52  threats,  harassment,  or  reprisals  to  future donors, or is likely to
    53  dissuade future donors from donating to the covered entity. The determi-
    54  nation of the executive director  of  the  joint  commission  on  public
    55  ethics that certain disclosures shall not be made public shall remain in
    56  effect  for two consecutive reporting periods and may be extended by the

        S. 1510--A                         70                         A. 2010--A
     1  executive director of the joint commission on public ethics, or  his  or
     2  her designee, based upon good cause shown. The covered entity may appeal
     3  the  [attorney general's] determination of the executive director of the
     4  joint  commission  on  public ethics and such appeal shall be heard by a
     5  judicial hearing officer who is independent and not affiliated  with  or
     6  employed  by  the [department of law] joint commission on public ethics,
     7  pursuant to regulations promulgated by the  [department  of  law]  joint
     8  commission  on  public ethics. The covered entity's sources of donations
     9  that are the subject of such appeal shall not  be  made  public  pending
    10  final judgment on appeal.
    11    §  2. Paragraph (b) of subdivision 1, paragraphs (b) and (c) of subdi-
    12  vision 2 and subdivision 3 of section 172-f of  the  executive  law,  as
    13  added  by  section  1  of part G of chapter 286 of the laws of 2016, are
    14  amended to read as follows:
    15    (b) "Covered communication"  means  a  communication,  that  does  not
    16  require  a  report  pursuant  to article one-A of the legislative law or
    17  article fourteen of the election law,  by  a  covered  entity,  that  is
    18  conveyed to five hundred or more members of a general public audience in
    19  the form of: (i) an audio or video communication via broadcast, cable or
    20  satellite;  (ii)  a written communication via advertisements, pamphlets,
    21  circulars, flyers, brochures,  letterheads;  or  (iii)  other  published
    22  statement  which[:]  refers  to  and advocates for or against: a clearly
    23  identified elected official [or the position of any elected official  or
    24  administrative  or  legislative  body relating to], a declared candidate
    25  for elected office, the outcome of any vote [or substance of any  legis-
    26  lation,  potential  legislation, pending legislation] or decision by any
    27  legislative, executive or administrative body, or the drafting,  passage
    28  or defeat of any legislation, rule, regulation, or hearing[, or decision
    29  by any legislative, executive or administrative body].
    30    Covered  communication  shall  not  include: (i) communications with a
    31  professional journalist or newscaster, including an editorial  board  or
    32  editorial  writer  of  a newspaper, magazine, news agency, press associ-
    33  ation or wire service, relating to news, as these terms are  defined  in
    34  section  seventy-nine-h  of  the  civil  rights  law, and communications
    35  relating to confidential  and  non-confidential  news  as  described  in
    36  subdivisions  (b)  and (c) of section seventy-nine-h of the civil rights
    37  law respectively and communications made pursuant to community  outreach
    38  efforts for broadcast stations required by federal law; or
    39    (ii) a communication that is: (A) directed, sent or distributed by the
    40  covered  entity  only  to  individuals  who  affirmatively consent to be
    41  members of the covered entity, contribute funds to the  covered  entity,
    42  or,  pursuant to the covered entity's articles or bylaws, have the right
    43  to vote directly or indirectly for the election of  directors  or  offi-
    44  cers,  or  on changes to bylaws, disposition of all or substantially all
    45  of the covered entity's assets or  the  merger  or  dissolution  of  the
    46  covered  entity;  or  (B)  for  the  purpose of promoting or staging any
    47  candidate debate, town hall or similar  forum  to  which  at  least  two
    48  candidates seeking the same office, or two proponents of differing posi-
    49  tions  on  a  referendum or question submitted to voters, are invited as
    50  participants, and which does not promote or  advance  one  candidate  or
    51  position over another.
    52    (b)  The  covered entity shall file a financial disclosure report with
    53  the [department of law] joint commission on public ethics within  thirty
    54  days of the close of a reporting period.
    55    (c)  [If a] A covered entity [keeps] that maintains one or more segre-
    56  gated bank accounts containing funds used solely  for  covered  communi-

        S. 1510--A                         71                         A. 2010--A
     1  cations  and  makes  all  of its expenditures for covered communications
     2  from such accounts, then with respect to monetary donations included  in
     3  subparagraph  (iv)  of  paragraph (a) of this subdivision, the financial
     4  report   need  only  include  monetary  donations  deposited  into  such
     5  accounts.
     6    3. The [department of law] joint commission  on  public  ethics  shall
     7  make  the  financial  disclosure  reports available to the public on the
     8  [department of law] joint commission on  public  ethics  website  within
     9  thirty days of the close of each reporting period, provided however that
    10  [the attorney general] up to one hundred eighty days before the start of
    11  a  reporting  period,  or  at any time if good cause is shown, a covered
    12  entity may make an application for an exemption from the public  disclo-
    13  sure requirements outlined in subdivision two of this section. Exemption
    14  determinations  shall  be  made  by  the executive director of the joint
    15  commission on public ethics, or his or her designee, who  may  determine
    16  that  disclosure  of donations shall not be made public if, based upon a
    17  review of the relevant facts  presented  by  the  covered  entity,  such
    18  disclosure  may  cause  harm,  threats,  harassment, or reprisals to the
    19  source of the donation or to individuals or property affiliated with the
    20  source of the donation.  With respect to future  donations  and  donors,
    21  the  executive director of the joint commission on public ethics, or his
    22  or her designee, shall determine that disclosure  of  donations  to  the
    23  covered  entity  shall not be made public if, based upon a review of the
    24  relevant facts presented by the covered entity, such disclosure is like-
    25  ly to cause future harm, threats, harassment,  or  reprisals  to  future
    26  donors,  or  is  likely  to  dissuade future donors from donating to the
    27  covered entity. The determination of the executive director of the joint
    28  commission on public ethics that certain disclosures shall not  be  made
    29  public  shall remain in effect for two consecutive reporting periods and
    30  may be extended by the executive director of  the  joint  commission  on
    31  public  ethics, or his or her designee, based upon good cause shown. The
    32  covered entity may appeal the [attorney general's] determination of  the
    33  executive  director  of  the  joint commission on public ethics and such
    34  appeal shall be heard by a judicial hearing officer who  is  independent
    35  and  not  affiliated  with  or employed by the [department of law] joint
    36  commission on public ethics, pursuant to regulations promulgated by  the
    37  [department of law] joint commission on public ethics. The covered enti-
    38  ty  shall  not be required to disclose the sources of donations that are
    39  the subject of such appeal pending final judgment on appeal.
    40    § 3. This act shall take effect on the thirtieth day  after  it  shall
    41  have become a law.
    42                                   PART R
    43    Section  1.  Subdivision (w) of section 1-c of the legislative law, as
    44  added by section 8 of part A of chapter 399 of  the  laws  of  2011,  is
    45  amended to read as follows:
    46    (w)  The  term  "reportable business relationship" shall mean either a
    47  relationship in which compensation is paid by a lobbyist or by a  client
    48  of a lobbyist, in exchange for any goods, services or anything of value,
    49  the  total  value  of  which is in excess of [one thousand] five hundred
    50  dollars annually, to be performed or  provided  by  or  intended  to  be
    51  performed or provided by (i) any statewide elected official, state offi-
    52  cer,  state employee, member of the legislature or legislative employee,
    53  or (ii) any entity in which the lobbyist or the  client  of  a  lobbyist
    54  knows  or has reason to know the statewide elected official, state offi-

        S. 1510--A                         72                         A. 2010--A
     1  cer, state employee, member of the legislature or  legislative  employee
     2  is  a  proprietor,  partner,  director,  officer  or manager, or owns or
     3  controls ten percent or more of the stock of such entity (or one percent
     4  in  the  case  of  a  corporation  whose stock is regularly traded on an
     5  established securities exchange).
     6    § 2. Subdivision (a) of section 1-h of the legislative law, as amended
     7  by chapter 14 of the laws of 2007, is amended to read as follows:
     8    (a) Any lobbyist required to file a statement of registration pursuant
     9  to section one-e of this article who in  any  lobbying  year  reasonably
    10  anticipates  that  during  the  year such lobbyist will expend, incur or
    11  receive combined reportable compensation and expenses in  an  amount  in
    12  excess of five [thousand] hundred dollars, as provided in paragraph five
    13  of  subdivision  (b) of this section, for the purpose of lobbying, shall
    14  file with the commission a bi-monthly written report, on forms  supplied
    15  by  the  commission, by the fifteenth day next succeeding the end of the
    16  reporting period in which the lobbyist was  first  required  to  file  a
    17  statement of registration. Such reporting periods shall be the period of
    18  January  first to the last day of February, March first to April thirti-
    19  eth, May first to June thirtieth, July  first  to  August  thirty-first,
    20  September  first  to October thirty-first and November first to December
    21  thirty-first.
    22    § 3. Subdivision (a) of section 1-j of the legislative law, as amended
    23  by chapter 14 of the laws of 2007, is amended to read as follows:
    24    (a) Semi-annual reports  shall  be  filed  by  any  client  retaining,
    25  employing  or  designating  a  lobbyist or lobbyists, whether or not any
    26  such lobbyist was required to file a bi-monthly report, if  such  client
    27  reasonably  anticipates  that during the year such client will expend or
    28  incur an amount in excess of five [thousand] hundred dollars of combined
    29  reportable compensation and expenses, as provided in paragraph  five  of
    30  subdivision [(c)] (b) of this section, for the purposes of lobbying.
    31    §  4.  Paragraphs  3  and  4  of subdivision (a) of section 1-e of the
    32  legislative law, as amended by chapter  1  of  the  laws  of  2005,  are
    33  amended to read as follows:
    34    (3)  Commencing  calendar  year two thousand five and thereafter every
    35  lobbyist shall biennially file with the commission, on forms provided by
    36  the commission, a statement of registration  for  each  biennial  period
    37  beginning  with the first year of the biennial cycle commencing calendar
    38  year two thousand five and thereafter; provided, however, that the bien-
    39  nial filing of such statement of registration shall not be  required  of
    40  any lobbyist who (i) in any year prior to calendar year two thousand six
    41  does  not  expend,  incur or receive an amount in excess of two thousand
    42  dollars of reportable compensation and expenses, as  provided  in  para-
    43  graph  five of subdivision (b) of section one-h of this article, for the
    44  purposes of lobbying and commencing with calendar year two thousand  six
    45  does  not  expend, incur or receive an amount in excess of five thousand
    46  dollars of reportable compensation, as provided  in  paragraph  five  of
    47  subdivision  (b)  of  section  one-h of this article for the purposes of
    48  lobbying [or] and (ii) starting year two thousand twenty-one,  does  not
    49  expend,  incur or receive an amount in excess of five hundred dollars of
    50  reportable compensation and expenses, as provided in paragraph  five  of
    51  subdivision  (b)  of  section one-h of this article, for the purposes of
    52  lobbying commencing with calendar year two thousand twenty-one does  not
    53  expend,  incur or receive an amount in excess of five hundred dollars of
    54  reportable compensation, as provided in paragraph  five  of  subdivision
    55  (b)  of  section  one-h  of this article for the purposes of lobbying or
    56  (iii) is an officer, director, trustee or employee of any public  corpo-

        S. 1510--A                         73                         A. 2010--A
     1  ration,  when  acting  in such official capacity; provided however, that
     2  nothing in this section shall be construed to relieve any public  corpo-
     3  ration of the obligation to file such statements and reports as required
     4  by this article.
     5    (4)  Such  biennial  filings  shall  be completed on or before January
     6  first of the first year of a biennial cycle commencing in calendar  year
     7  two  thousand  five  and  thereafter,  by  those  persons  who have been
     8  retained, employed or designated  as  lobbyist  on  or  before  December
     9  fifteenth  of  the  previous calendar year and who reasonably anticipate
    10  that in the coming year they will  expend,  incur  or  receive  combined
    11  reportable compensation and expenses in an amount in excess of two thou-
    12  sand  dollars  in years prior to calendar year two thousand six and five
    13  thousand dollars [commencing in] from two thousand six to  two  thousand
    14  twenty  and  five hundred dollars commencing in two thousand twenty-one;
    15  for those lobbyists retained, employed or designated after the  previous
    16  December  fifteenth,  and  for  those  lobbyists who subsequent to their
    17  retainer,  employment  or  designation  reasonably  anticipate  combined
    18  reportable  compensation  and  expenses  in  excess of such amount, such
    19  filing must be completed within fifteen days thereafter, but in no event
    20  later than ten days after the actual  incurring  or  receiving  of  such
    21  reportable compensation and expenses.
    22    §  5.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.
    24                                   PART S
    25    Section 1. Subparagraphs (i) and (ii) of subdivision  (a)  of  section
    26  1-o  of the legislative law, as added by chapter 14 of the laws of 2007,
    27  are amended to read as follows:
    28    (i) Any lobbyist, public corporation,  or  client  who  knowingly  and
    29  wilfully  fails  to  file  timely a report or statement required by this
    30  section or knowingly and wilfully files false information  or  knowingly
    31  and wilfully violates section one-m of this article shall be guilty of a
    32  class  A  misdemeanor and may be barred from engaging in lobbying activ-
    33  ities, as the term is defined in subdivision (c)  of  section  one-c  of
    34  this article, for a period of up to two years; and
    35    (ii)  any  lobbyist,  public  corporation, or client who knowingly and
    36  wilfully fails to file timely a report or  statement  required  by  this
    37  section  or  knowingly and wilfully files false information or knowingly
    38  and wilfully violates section one-m of this article, after having previ-
    39  ously been convicted in the preceding [five]  ten  years  of  the  crime
    40  described  in  paragraph  (i)  of this subdivision, shall be guilty of a
    41  class E felony. Any lobbyist, public corporation or client convicted  of
    42  or  pleading  guilty  to  a  felony under the provisions of this section
    43  [may] shall be barred from [acting as a lobbyist] engaging  in  lobbying
    44  activities,  as  the term is defined in subdivision (c) of section one-c
    45  of this article, for a period of [one year] no less than two  years  and
    46  no more than six years from the date of the conviction. For the purposes
    47  of  this  subdivision, the chief administrative officer of any organiza-
    48  tion required to file a statement or report shall be the person  respon-
    49  sible  for  making and filing such statement or report unless some other
    50  person prior to the due date thereof has been duly  designated  to  make
    51  and file such statement or report.
    52    § 2. Subparagraph (B) of paragraph (iii) of subdivision (b) of section
    53  1-o  of the legislative law, as added by chapter 14 of the laws of 2007,
    54  is amended to read as follows:

        S. 1510--A                         74                         A. 2010--A
     1    (B) If, after a lobbyist or client has been  found  to  have  violated
     2  subdivision  one  of section one-n of this article, a lobbyist or client
     3  knowingly and wilfully violates the provisions  of  subdivision  one  of
     4  section  one-n  of this article within [four] ten years of such finding,
     5  the lobbyist or client shall be subject to a civil penalty not to exceed
     6  twenty-five thousand dollars.
     7    §  3. Paragraph (iv) of subdivision (b) of section 1-o of the legisla-
     8  tive law, as added by chapter 14 of the laws of 2007, is amended to read
     9  as follows:
    10    (iv) Any lobbyist or client that knowingly and wilfully fails to  file
    11  a  statement  or  report within the time required for the filing of such
    12  report, knowingly and wilfully files a false  statement  or  report,  or
    13  knowingly  and  wilfully  violates  section one-m of this article, after
    14  having been found by the commission to have knowing and wilfully commit-
    15  ted such conduct or violation in the preceding [five] ten years, may  be
    16  subject  to  a determination that the lobbyist or client is [prohibited]
    17  barred from engaging in lobbying activities, as that term is defined  in
    18  [paragraph (v) of] subdivision (c) of section one-c of this article, for
    19  a  period  of  [one  year]  no  less than two years and no more than six
    20  years.
    21    § 4. Paragraph (v) of subdivision (b) of section 1-o of  the  legisla-
    22  tive law, as added by chapter 14 of the laws of 2007, is amended to read
    23  as follows:
    24    (v)  Any  lobbyist,  public  corporation  or client that knowingly and
    25  wilfully engages in lobbying activities, as  that  term  is  defined  in
    26  [paragraph  (v)  of]  subdivision  (c) of section one-c of this article,
    27  during the period in which  the  commission  determined  that  they  are
    28  [prohibited]  barred from engaging in lobbying activities, [as that term
    29  is defined in paragraph (v) of subdivision (c) of section one-c of  this
    30  article]  pursuant  to  this [subdivision] section, shall be guilty of a
    31  class E felony and may be subject to a determination that the  lobbyist,
    32  public  corporation,  or  client is prohibited from engaging in lobbying
    33  activities[, as that term is defined in paragraph (v) of subdivision (c)
    34  of section one-c of this article,] for a period of [up to four] not less
    35  than two and no more than ten years, and such  lobbyist,  public  corpo-
    36  ration  or  client,  in  addition to or in lieu of such penalty shall be
    37  subject to a civil penalty not to exceed fifty thousand dollars, plus  a
    38  civil  penalty  in  an amount equal to five times the value of any gift,
    39  compensation or benefit received as a result of the violation.
    40    § 5. Subdivision (b) of section 1-o of the legislative law, is amended
    41  by adding a new paragraph (vii) to read as follows:
    42    (vii) A lobbyist or client who, during the conduct of a  random  audit
    43  pursuant to section one-d of this chapter, knowingly and willfully fails
    44  to comply with requests for the production of documents bearing upon any
    45  matters required to be included in a filing or registration or otherwise
    46  fails  to comply with requests of the commission related to the enforce-
    47  ment of this chapter, shall be subject to a civil penalty not to  exceed
    48  ten thousand dollars.
    49    §  6. Paragraphs (i) and (ii) of subdivision (c) of section 1-o of the
    50  legislative law, as added by chapter 14 of the laws of 2007, are amended
    51  to read as follows:
    52    (i) Any assessment or order to debar rendered by the commission pursu-
    53  ant to this section shall be determined only after a  hearing  at  which
    54  the party shall be entitled to appear, present evidence and be heard. In
    55  ordering  debarment,  the  commission  shall consider whether the facts,
    56  circumstances and public  interest  warrant  any  firm,  partnership  or

        S. 1510--A                         75                         A. 2010--A
     1  corporation  of,  or in which such lobbyist is or becomes a shareholder,
     2  owner, member, partner, director or officer be barred from acting  as  a
     3  lobbyist.  If  it  so finds, then such order of debarment shall apply to
     4  such  firm, partnership or corporation, as well. Any assessment or order
     5  to debar pursuant to this section may only be imposed after the  commis-
     6  sion sends by certified and first-class mail written notice of intent to
     7  assess  a  penalty  or  order  to debar and the basis for the penalty or
     8  order to debar. Any assessment may be recovered in an action brought  by
     9  the  attorney  general  and,  if assessed against a firm, partnership or
    10  corporation may, if the commission so finds the facts, circumstances and
    11  public interest so warrant, notwithstanding any other law to the contra-
    12  ry, be assessed jointly and severally against the shareholders,  owners,
    13  members,  partners,  directors and officers of such firm, partnership or
    14  corporation.
    15    (ii) In assessing any fine or penalty pursuant to  this  section,  the
    16  commission shall consider: (A) as a mitigating factor that the lobbyist,
    17  public  corporation or client has not previously been required to regis-
    18  ter, and (B) (1) as an aggravating  factor  that  the  lobbyist,  public
    19  corporation  or client has  received written notice pursuant to subdivi-
    20  sion thirteen of section ninety-four of the executive law of the  exist-
    21  ence  of  a  possible violation or violations of law, previously entered
    22  into a settlement with the commission or had otherwise been the  subject
    23  of an investigation commenced pursuant to such subdivision, or had fines
    24  or penalties assessed against it in the past. The amount of compensation
    25  expended,  incurred  or received shall be a factor to consider in deter-
    26  mining a proportionate penalty.  (2) For the purposes of  this  section,
    27  where  the  lobbyist  is an individual, past penalties shall include any
    28  penalties levied against such lobbyist or levied against any firm, part-
    29  nership, or corporation of or in which such lobbyist participated in and
    30  shared culpability for the acts resulting in such past penalties.
    31    § 7. Section 1-o of the legislative law is amended  by  adding  a  new
    32  subdivision (e) to read as follows:
    33    (e)  Any  lobbyist,  public corporation, or client who, knowing that a
    34  statement or report made pursuant to this article contains false  infor-
    35  mation,  and  with  intent  to  defraud  the state, offers or presents a
    36  statement or report to the commission with the knowledge or belief  that
    37  it  will  be filed with, registered or recorded in or otherwise become a
    38  part of the records of the commission, shall be  guilty  of  a  class  E
    39  felony,  and  may be subject to a penalty of the greater of seventy-five
    40  thousand dollars, or an amount equal to  ten  times  the  value  of  any
    41  compensation  or  benefit  received  as  a  result of the violation. The
    42  commission may assess such civil penalties.
    43    § 8. This act shall take effect  immediately;  provided  however,  the
    44  provisions  of  this  act  shall only be applicable to conduct occurring
    45  after this act shall have become a law.
    46                                   PART T
    47    Section 1. Paragraph (a) of subdivision 8 of section 73 of the  public
    48  officers  law,  as  amended by chapter 299 of the laws of 1995, subpara-
    49  graph (iii) as amended and subparagraph (iv) as added by chapter  14  of
    50  the laws of 2007, is amended to read as follows:
    51    (a)  (i) No person who has served as a state officer or employee shall
    52  within a period of [two]  five  years  after  the  termination  of  such
    53  service  or  employment  appear  or  practice  before such state agency,
    54  register as a lobbyist or engage in lobbying as defined in article one-A

        S. 1510--A                         76                         A. 2010--A
     1  of the legislative law or receive compensation for any services rendered
     2  by such former officer or employee on behalf of any person, firm, corpo-
     3  ration or association in relation to any case, proceeding or application
     4  or other matter before such agency.
     5    (ii)  No person who has served as a state officer or employee, who was
     6  required to file an annual statement of financial disclosure pursuant to
     7  section seventy-three-a of this article, shall after the termination  of
     8  such  service or employment appear, practice, communicate, register as a
     9  lobbyist or engage in lobbying as defined in article one-A of the legis-
    10  lative law or otherwise render  services  before  any  state  agency  or
    11  receive compensation for any such services rendered by such former offi-
    12  cer  or  employee  on  behalf  of any person, firm, corporation or other
    13  entity in relation to any case, proceeding, application  or  transaction
    14  with respect to which such person was directly concerned and in which he
    15  or  she  personally participated during the period of his or her service
    16  or employment, or which was under his or her active consideration.
    17    (iii) No person who has served as a member of the legislature who  was
    18  required to file an annual statement of financial disclosure pursuant to
    19  section  seventy-three-a  of this article shall within a period of [two]
    20  five years after the termination of such  service  receive  compensation
    21  for  any  services on behalf of any person, firm, corporation or associ-
    22  ation to promote or oppose, directly or indirectly, the passage of bills
    23  or resolutions by either house of the  legislature,  or  register  as  a
    24  lobbyist or engage in lobbying as defined in article one-A of the legis-
    25  lative law.  No legislative employee, who was required to file an annual
    26  statement of financial disclosure pursuant to section seventy-three-a of
    27  this article, shall within a period of [two] five years after the termi-
    28  nation  of  such service receive compensation for any services on behalf
    29  of any person, firm, corporation or association to appear,  practice  or
    30  directly  communicate  before either house of the legislature to promote
    31  or oppose the passage of bills or resolutions by  either  house  of  the
    32  legislature,  or register as a lobbyist or engage in lobbying as defined
    33  in article one-A of the legislative law.
    34    (iv) No person who has served as an officer or employee in the  execu-
    35  tive  chamber of the governor, who was required to file an annual state-
    36  ment of financial disclosure pursuant to section seventy-three-a of this
    37  article, shall within a period of [two] five years after termination  of
    38  such  service appear or practice before any state agency, or register as
    39  a lobbyist or engage in lobbying as defined  in  article  one-A  of  the
    40  legislative law.
    41    §  2.  This  act  shall  take effect on January 1, 2020 and shall only
    42  apply to persons leaving state service after the effective date of  this
    43  act.
    44                                   PART U
    45    Section 1. Section 107 of the civil service law is amended by adding a
    46  new subdivision 4-a to read as follows:
    47    4-a.  No  officer  or  employee  of  a statewide officeholder, a state
    48  senator, or a member of the assembly, shall be  permitted  to  volunteer
    49  his  or  her services in furtherance of a campaign for elected office in
    50  which the employing elected officeholder is the campaign candidate.
    51    § 2. This act shall take effect immediately.
    52                                   PART V

        S. 1510--A                         77                         A. 2010--A
     1    Section 1. Subdivision 1 of  section  94  of  the  executive  law,  as
     2  amended  by  section  6 of part A of chapter 399 of the laws of 2011, is
     3  amended to read as follows:
     4    1. There is established within the department of state a joint commis-
     5  sion  on public ethics which shall consist of fourteen members and shall
     6  have and exercise the powers and duties set forth in this  section  with
     7  respect  to  statewide elected officials, members of the legislature and
     8  employees of the legislature,  and  state  officers  and  employees,  as
     9  defined  in  sections  seventy-three  and  seventy-three-a of the public
    10  officers law, candidates for statewide elected office and for the senate
    11  or assembly, and the political party chairman as that term is defined in
    12  section seventy-three-a of the public officers law,  lobbyists  and  the
    13  clients  of  lobbyists as such terms are defined in article one-A of the
    14  legislative law, and individuals who have formerly held such  positions,
    15  were  lobbyists  or  clients  of lobbyists, as such terms are defined in
    16  article one-A of the legislative law, or who  have  formerly  been  such
    17  candidates.  The  commission shall also have and exercise the powers set
    18  forth in this section with respect to covered municipal officers as such
    19  term is defined in section eight hundred ten of  the  general  municipal
    20  law, provided, however, that the jurisdiction of the joint commission on
    21  public  ethics  with respect to such covered municipal officers shall be
    22  limited to the provisions of this section  relating  to  the  filing  of
    23  accurate  annual  statements  of  financial  disclosure,  and  provided,
    24  further, if the commission has a reasonable basis to believe that  there
    25  are ethical or legal issues outside its jurisdiction, but related to the
    26  annual  statement of financial disclosure, such issues shall be referred
    27  to the appropriate body as defined in section eight hundred ten  of  the
    28  general municipal law or the district attorney from the county where the
    29  municipal  corporation  is  located. This section shall not be deemed to
    30  have revoked or rescinded any regulations or advisory opinions issued by
    31  the legislative ethics commission, the commission on  public  integrity,
    32  the  state  ethics  commission  and the temporary lobbying commission in
    33  effect upon the effective date of chapter fourteen of the  laws  of  two
    34  thousand  seven which amended this section to the extent that such regu-
    35  lations or opinions are not inconsistent with any law of  the  state  of
    36  New  York, but such regulations and opinions shall apply only to matters
    37  over which such commissions had jurisdiction  at  the  time  such  regu-
    38  lations  and  opinions  were promulgated or issued. The commission shall
    39  undertake a comprehensive review of all such regulations  and  opinions,
    40  which  will  address  the  consistency  of such regulations and opinions
    41  among each other and with the new statutory language, and of the  effec-
    42  tiveness of the existing laws, regulations, guidance and ethics enforce-
    43  ment  structure  to  address  the ethics of covered public officials and
    44  related parties. Such review shall be  conducted  with  the  legislative
    45  ethics  commission  and,  to  the extent possible, the report's findings
    46  shall reflect the full input and deliberations of both commissions after
    47  joint consultation. The commission shall,  before  February  first,  two
    48  thousand  fifteen, report to the governor and legislature regarding such
    49  review and shall propose any regulatory or statutory changes  and  issue
    50  any advisory opinions necessitated by such review.
    51    §  2.  Subparagraph 1 of paragraph (a) of subdivision 19 of section 94
    52  of the executive law, as amended by section 6 of part A of  chapter  399
    53  of the laws of 2011, is amended to read as follows:
    54    (1)  the  information  set  forth  in an annual statement of financial
    55  disclosure filed pursuant to section seventy-three-a of the public offi-
    56  cers law and pursuant to subdivision  three  of  section  eight  hundred

        S. 1510--A                         78                         A. 2010--A
     1  eleven and subdivision one of section eight hundred twelve of the gener-
     2  al  municipal  law, except information deleted pursuant to paragraph (h)
     3  of subdivision nine of this section;
     4    §  3.  Section 810 of the general municipal law is amended by adding a
     5  new subdivision 13 to read as follows:
     6    13. "Covered municipal officer" means (a) any  individual  elected  to
     7  serve  the  government of any municipal corporation who receives compen-
     8  sation of fifty thousand dollars or more annually  from  such  municipal
     9  corporation  as  well  as  (b)  any  individual who is either elected or
    10  appointed to serve as county executive, county manager, or chair of  the
    11  county board of supervisors.
    12    §  4.  Section 811 of the general municipal law is amended by adding a
    13  new subdivision 3 to read as follows:
    14    3. (a) Notwithstanding any local law, ordinance, or resolution provid-
    15  ing for the annual filing of an annual statement  of  financial  disclo-
    16  sure,  a  covered municipal officer shall be required to file the annual
    17  statement of financial disclosure set forth in  section  seventy-three-a
    18  of  the  public officers law with the joint commission on public ethics,
    19  provided, however a covered municipal officer  may  satisfy  the  filing
    20  requirements  of  this  subdivision by filing a copy of the statement of
    21  financial disclosure filed pursuant to paragraph (a) or (a-1) of  subdi-
    22  vision one of this section with the joint commission on public ethics on
    23  or before the filing deadline provided in section seventy-three-a of the
    24  public  officers  law,  if  such statement of financial disclosure filed
    25  pursuant to paragraph (a) or (a-1) of subdivision one  of  this  section
    26  has been authorized by the joint commission on public ethics pursuant to
    27  paragraph (b) of this subdivision.
    28    (b)  The  governing  body  of  each  municipal corporation may adopt a
    29  resolution to request authorization from the joint commission on  public
    30  ethics for its covered municipal officers to file with the joint commis-
    31  sion  on  public  ethics  a  copy  of  the annual statement of financial
    32  disclosure filed pursuant to paragraph (a) or (a-1) of  subdivision  one
    33  of  this section to satisfy the filing requirements of a covered munici-
    34  pal officer of paragraph (a) of this subdivision. The  joint  commission
    35  on public ethics shall promptly make a determination in response to each
    36  request,  which  shall  include an explanation for its determination. If
    37  authorization is denied, the municipal corporation may amend its request
    38  and resubmit.
    39    (c) The governing body of each municipal corporation may adopt a local
    40  law, ordinance, or resolution authorizing its covered municipal officers
    41  to satisfy the filing requirements of paragraph (a) or (a-1) of subdivi-
    42  sion one of this section by filing a copy of  the  annual  statement  of
    43  financial  disclosure  as  set  forth  in section seventy-three-a of the
    44  public officers law filed pursuant to paragraph (a) of this  subdivision
    45  with the appropriate body.
    46    §  5.  Subdivision  1  of  section 812 of the general municipal law is
    47  amended by adding a new paragraph (j) to read as follows:
    48    (j) A covered municipal officer shall be required to file  the  annual
    49  statement  of  financial disclosure set forth in section seventy-three-a
    50  of the public officers law with the joint commission on public ethics. A
    51  covered municipal officer may satisfy the filing requirements  of  para-
    52  graph  (a)  of this subdivision by filing a copy of the annual statement
    53  of financial disclosure filed pursuant to this paragraph with the appro-
    54  priate body.
    55    § 6. This act shall take effect January 1, 2021.

        S. 1510--A                         79                         A. 2010--A
     1                                   PART W
     2    Section  1.  Section 1-a of the legislative law, as added by chapter 2
     3  of the laws of 1999, is amended to read as follows:
     4    § 1-a. Legislative declaration. (a) The  legislature  hereby  declares
     5  that  the  operation  of responsible democratic government requires that
     6  the fullest opportunity be afforded to  the  people  to  petition  their
     7  government for the redress of grievances and to express freely to appro-
     8  priate  officials  their  opinions on legislation and governmental oper-
     9  ations; and that, to preserve and maintain the integrity of the  govern-
    10  mental  decision-making  process in this state, it is necessary that the
    11  identity, expenditures  and  activities  of  persons  and  organizations
    12  retained,  employed  or designated to influence the passage or defeat of
    13  any legislation by either house of the legislature or the  approval,  or
    14  veto,  of  any legislation by the governor and attempts to influence the
    15  adoption or rejection of any rule or regulation  having  the  force  and
    16  effect  of  law  or the outcome of any rate making proceeding by a state
    17  agency, and the attempts to influence the passage or defeat of any local
    18  law, ordinance, or regulation be publicly and regularly disclosed.
    19    (b) Code of Conduct for Lobbyists.  To help preserve and  advance  the
    20  principles  articulated in subdivision (a) of this section, every lobby-
    21  ist  shall  uphold  the  following  minimum  standards  of  professional
    22  conduct:
    23    (i) Duty of Honesty and Loyalty:
    24    A  lobbyist  shall act with honesty, integrity, and in good faith with
    25  respect to both his or her clients  and  to  government  officials.    A
    26  lobbyist  shall  not  represent  clients  with conflicting interests, or
    27  interests that appear to be conflicting, without the  informed  consent,
    28  in  writing,  of all relevant clients.  Where such informed consent of a
    29  conflict is given by a lobbyist's clients, the lobbyist has  a  duty  to
    30  disclose  the conflict and the client consent to any government official
    31  that the lobbyist interacts with on that matter.
    32    (ii) Duty of Disclosure:
    33    A lobbyist shall inform his or her client of the  lobbyist  disclosure
    34  duties  pursuant  to  the  Legislative Law and shall inform their client
    35  about his or her duties pursuant to this code  of  conduct.  A  lobbyist
    36  shall  communicate  with  his  or  her client to identify, disclose, and
    37  resolve any actual or appearances of a conflict of interest. A  lobbyist
    38  shall  inform his or her client if any other person or entity is receiv-
    39  ing a direct or indirect referral or consulting fee  from  the  lobbyist
    40  due  to  or in connection with the matter on which the lobbyist has been
    41  retained and shall disclose the  amount  of  such  fee  to  his  or  her
    42  client.  
    43    (iii) Duty to Provide Accurate Information:
    44    A  lobbyist shall not knowingly provide untruthful or deceptive infor-
    45  mation to a government official or to a client and  should  endeavor  to
    46  provide  factually  correct,  current,  and accurate information to such
    47  persons to the best of  their  knowledge,  information,  and  belief.  A
    48  lobbyist shall use reasonable measures to verify the truth of the state-
    49  ments  and  information  that  he or she provides both to clients and to
    50  government officials. If a lobbyist is aware that information he or  she
    51  provided to a client or a government official is, or becomes, inaccurate
    52  in  a  significant, relevant, and material way, a lobbyist has a duty to
    53  promptly provide any relevant  parties  with  corrected  information.  A
    54  lobbyist  shall act in a manner that is respectful to his or her clients
    55  and to the government Institutions that he or she interacts with.

        S. 1510--A                         80                         A. 2010--A
     1    (iv) The joint commission on public  ethics  is  authorized  to  issue
     2  regulations to effectuate this section.
     3    §  2.  Subdivisions (c) and (d) of section 1-o of the legislative law,
     4  as added by chapter 14 of the laws of  2007,  are  amended  to  read  as
     5  follows:
     6    (c)  In  addition  to  any penalty contained in any other provision of
     7  law, any lobbyist who  knowingly  and  willfully  violates  any  of  the
     8  provisions  of the lobbyist code of conduct pursuant to section one-a of
     9  this article shall be subject to a civil penalty not to  exceed  twenty-
    10  five thousand dollars for the first offense; for any subsequent offense,
    11  the  lobbyist  may  be barred from engaging in lobbying activities for a
    12  minimum of six months and a maximum of five years.
    13    (d) (i) Any assessment or order to  debar  shall  be  determined  only
    14  after  a hearing at which the party shall be entitled to appear, present
    15  evidence and be heard. Any assessment or order to debar pursuant to this
    16  section may only be imposed after the commission sends by certified  and
    17  first-class  mail  written notice of intent to assess a penalty or order
    18  to debar and the basis for the penalty or order to debar. Any assessment
    19  may be recovered in an action brought by the attorney general.
    20    (ii) In assessing any fine or penalty pursuant to  this  section,  the
    21  commission shall consider: (A) as a mitigating factor that the lobbyist,
    22  public  corporation or client has not previously been required to regis-
    23  ter, and (B) as an aggravating factor that the lobbyist,  public  corpo-
    24  ration  or  client has had fines or penalties assessed against it in the
    25  past. The amount of compensation expended, incurred or received shall be
    26  a factor to consider in determining a proportionate penalty.
    27    (iii) Any lobbyist, public corporation or client who receives a notice
    28  of intent to assess a penalty for knowingly and wilfully failing to file
    29  a report or statement pursuant to subdivision (b) of  this  section  and
    30  who has never previously received a notice of intent to assess a penalty
    31  for  failing  to  file a report or statement required under this section
    32  shall be granted fifteen days within which  to  file  the  statement  of
    33  registration  or report without being subject to the fine or penalty set
    34  forth in subdivision (b) of this  section.  Upon  the  failure  of  such
    35  lobbyist,  public  corporation or client to file within such fifteen day
    36  period, such lobbyist, public corporation or client shall be subject  to
    37  a fine or penalty pursuant to subdivision (b) of this section.
    38    [(d)]  (e) All moneys recovered by the attorney general or received by
    39  the commission from the assessment of civil penalties authorized by this
    40  section shall be deposited to the general fund.
    41    § 3. This act shall take effect immediately.
    42                                   PART X
    43    Section 1. Section 5-212 of the election law is  REPEALED  and  a  new
    44  section 5-212 is added to read as follows:
    45    § 5-212. Motor vehicle registration. 1. In addition to any other meth-
    46  od  of  voter  registration  provided for in this article, any qualified
    47  person shall be automatically applied for registration  and  enrollment,
    48  or  pre-registration  and enrollment, as applicable, simultaneously with
    49  and upon application for a motor vehicle driver's  license,  a  driver's
    50  license  renewal, a change of address, or an identification card if such
    51  a card is issued by the department  of  motor  vehicles  in  its  normal
    52  course  of  business unless such qualified person declines such applica-
    53  tion for registration and enrollment at the time of making  an  applica-
    54  tion  for  such  a  motor  vehicle  driver's  license,  driver's license

        S. 1510--A                         81                         A. 2010--A
     1  renewal, a change of address, or an identification card if such card  is
     2  issued by the department of motor vehicles in its normal course of busi-
     3  ness.
     4    2.  The  department  of motor vehicles, with the approval of the state
     5  board of elections, shall design a form or forms that shall, in addition
     6  to eliciting such information as may be required by  the  department  of
     7  motor  vehicles  for  a  driver's license, a driver's license renewal, a
     8  change of address or an identification card, serve as an application for
     9  registration and enrollment, or a registration necessitated by a  change
    10  of  residence.  Only one signature shall be required to meet the certif-
    11  ication and attestation needs of the portion of the form  pertaining  to
    12  the  application  for  a driver's license, a driver's license renewal, a
    13  change of address  notification  or  an  identification  card,  and  the
    14  portion of the form pertaining to voter registration and enrollment. The
    15  cost of such forms shall be borne by the department of motor vehicles.
    16    3. The voter registration portion of such form shall:
    17    (a)  not  require  any  information  that  duplicates  the information
    18  required on the application for the driver's license, change of address,
    19  or identification card portion and shall require  only  such  additional
    20  information  as will enable election officials to assess the applicant's
    21  eligibility to register to vote, to prevent duplicate registration,  and
    22  to  administer  voter registration and other parts of the election proc-
    23  ess;
    24    (b) include a statement of  the  eligibility  requirements  for  voter
    25  registration  and  shall  require  the applicant to attest by his or her
    26  signature that he or she  meets  those  requirements  under  penalty  of
    27  perjury unless such applicant declines such registration;
    28    (c)  inform  the  applicant,  in  print  identical to that used in the
    29  attestation section of the following:
    30    (i) voter eligibility requirements;
    31    (ii) penalties for submission of false registration application;
    32    (iii) that the office  where  the  applicant  registers  shall  remain
    33  confidential  and  that  the  voter's information shall be used only for
    34  voter registration purposes;
    35    (iv) that if the applicant  declines  to  register,  such  applicant's
    36  declination  shall  remain confidential and shall be used only for voter
    37  registration purposes;
    38    (v) that if an applicant is a victim of domestic violence or stalking,
    39  he or she may contact the state board of elections in order  to  receive
    40  information regarding the address confidentiality program for victims of
    41  domestic violence under section 5-508 of this article;
    42    (d)  include  a box for the applicant to check to indicate whether the
    43  applicant would like to decline to  register  to  vote  along  with  the
    44  statement  in  prominent  type,  "IF  YOU DO NOT CHECK THIS BOX, AND YOU
    45  PROVIDE YOUR SIGNATURE ON  THE  SPACE  PROVIDED  BELOW,  YOU  WILL  HAVE
    46  ATTESTED  TO  YOUR  ELIGIBILITY  TO  REGISTER  TO VOTE AND YOU WILL HAVE
    47  APPLIED TO REGISTER TO VOTE.";
    48    (e) include a space for the applicant to indicate his or her choice of
    49  party enrollment, with a clear alternative provided for the applicant to
    50  decline to affiliate with any party;
    51    (f) include the statement, "If you would like help in filling out  the
    52  voter  registration  application  form,  we  will help you. The decision
    53  whether to seek or accept help is yours. You may fill out  the  applica-
    54  tion form in private.";
    55    (g) include the statement, "If you believe that someone has interfered
    56  with  your  right to register or decline to register to vote, your right

        S. 1510--A                         82                         A. 2010--A
     1  to privacy in deciding whether to register or in applying to register to
     2  vote, or your right to choose your own political party  or  other  poli-
     3  tical  preference,  you  may  file  a  complaint with the state board of
     4  elections (address and toll free telephone number).";
     5    (h)  include  a  toll free number at the state board of elections that
     6  can be called for answers to registration questions; and
     7    (i) include any other information that is necessary to comply with the
     8  requirements of the National Voter Registration Act.
     9    4. The department of motor vehicles shall transmit that portion of the
    10  form which constitutes the completed  application  for  registration  or
    11  change  of  address form to the appropriate board of elections not later
    12  than ten days after receipt except that all such completed  applications
    13  and  forms received by such department between the thirtieth and twenty-
    14  fifth day before an election shall be transmitted in such manner and  at
    15  such  time  as  to  assure  their receipt by such board of elections not
    16  later than the twentieth day before such  election.    All  transmittals
    17  shall  include  signatures. A digital image of a signature shall satisfy
    18  this requirement.
    19    5. Completed application forms received by  the  department  of  motor
    20  vehicles  not  later  than  the twenty-fifth day before the next ensuing
    21  primary, general, or special election and transmitted by such department
    22  to the appropriate board of elections so  that  they  are  received  not
    23  later  than  the  twentieth  day  before such election shall entitle the
    24  applicant to vote in such election provided the  board  determines  that
    25  the applicant is otherwise qualified.
    26    6.  Disclosure of voter registration information, including a declina-
    27  tion to register, by the department of motor vehicles, its agents or its
    28  employees, for other than voter registration purposes, shall  be  deemed
    29  an  unwarranted  invasion of personal privacy pursuant to the provisions
    30  of subdivision two of section eighty-nine of the public officers law and
    31  shall constitute a violation of this chapter.
    32    7. Application forms shall be processed by the board of  elections  in
    33  the  manner  prescribed by section 5-210 of this title or, if the appli-
    34  cant is already registered to vote from another address, in  the  manner
    35  prescribed  by  section  5-208  of  this title. The board shall send the
    36  appropriate notice of approval or rejection as required by either subdi-
    37  vision nine of section 5-210 or subdivision five of  section  5-208,  as
    38  appropriate.
    39    8. Strict neutrality with respect to a person's party enrollment shall
    40  be  maintained  and  all  persons  seeking  voter registration forms and
    41  information shall be advised that government  services  are  not  condi-
    42  tioned on being registered to vote.
    43    9.  No  statement shall be made nor any action taken to discourage the
    44  applicant from registering to vote.
    45    10. The department of motor vehicles shall provide to each person  who
    46  chooses  to  register  to  vote the same level of assistance provided to
    47  persons in connection with the  completion  of  the  agency's  requisite
    48  information, unless such person refuses such assistance.
    49    11.  The  state  board  of  elections shall adopt such rules and regu-
    50  lations as may be necessary  to  carry  out  the  requirements  of  this
    51  section.  The  state  board of elections shall also adopt such rules and
    52  regulations as may be necessary to require boards of elections  and  the
    53  department  of  motor  vehicles  to provide the state board of elections
    54  with such information and data as the state  board  of  elections  deems
    55  necessary  to  assess  compliance  with this section and to compile such

        S. 1510--A                         83                         A. 2010--A
     1  statistics as may be required by the United States  Election  Assistance
     2  Commission.
     3    12.  The  state board of elections shall develop and distribute public
     4  information and promotional  materials  relating  to  the  purposes  and
     5  implementation of this program.
     6    13.  The  state board of elections shall prepare and distribute to the
     7  department of motor vehicles written instructions as to the  implementa-
     8  tion  of  the program and shall be responsible for establishing training
     9  programs for employees of the department of motor vehicles  involved  in
    10  such program.
    11    14. The commissioner of motor vehicles shall take all actions that are
    12  necessary and proper for the implementation of this section. The commis-
    13  sioner of motor vehicles shall designate one person within the agency as
    14  the  agency voter registration coordinator who will, under the direction
    15  of the state board of elections, be responsible for the voter  registra-
    16  tion program in such agency.
    17    15. Notwithstanding subdivision six of section 5-210 of this title and
    18  any  other  law  to the contrary, a person who is ineligible to vote who
    19  fails to decline to register to vote in accordance with  the  provisions
    20  of  this  section and did not willfully or knowingly seek to register to
    21  vote knowing that he or she is not eligible to do so; (a) shall  not  be
    22  guilty  of  any  crime  as the result of the applicant's failure to make
    23  such declination; (b) shall be deemed to have been registered with offi-
    24  cial authorization; and (c) such act may not be considered  as  evidence
    25  of a claim to citizenship.
    26    16. Notwithstanding subdivision six of section 5-210 of this title and
    27  any  other  law  to the contrary, a person who is ineligible to vote who
    28  fails to decline to register to vote in accordance with  the  provisions
    29  of  this  section,  who  then  either  votes  or  attempts to vote in an
    30  election held after the effective date of  that  person's  registration,
    31  and  who did not willfully or knowingly seek to register to vote knowing
    32  that he or she is not eligible to do so, and did not  subsequently  vote
    33  or  attempt to vote knowing that he or she is not eligible to do so, (a)
    34  shall not be guilty of any crime as the result of the applicant's  fail-
    35  ure to make such declination and subsequent vote or attempt to vote; (b)
    36  shall be deemed to have been registered with official authorization; and
    37  (c)  such  act  may not be considered as evidence of a claim to citizen-
    38  ship.
    39    17. Notwithstanding any other law to the contrary, the  department  of
    40  motor vehicles shall not transmit to the board of elections any applica-
    41  tion  for  registration  or  pre-registration  for  a person that is, by
    42  virtue of data maintained by the department, demonstrably ineligible  to
    43  register or pre-register to vote by reason of age or not being a citizen
    44  of the United States.
    45    §  2.  Paragraph (a) of subdivision 2 of section 5-712 of the election
    46  law, as amended by chapter 200 of the laws of 1996, is amended  to  read
    47  as follows:
    48    (a)  The  board  of elections shall also send a confirmation notice to
    49  every registered voter for whom  it  receives  a  notice  of  change  of
    50  address  to  an  address  not in such city or county [which] that is not
    51  signed by the voter.  Such change of address notices shall include,  but
    52  not  be  limited  to,  notices of change of address received pursuant to
    53  subdivision eleven of  section  5-211  and  subdivision  [six]  four  of
    54  section  5-212  of  this  article,  notice of change of address from the
    55  United States Postal Service through  the  National  Change  of  Address
    56  System  or from any other agency of the federal government or any agency

        S. 1510--A                         84                         A. 2010--A
     1  of any state or local government and notice of a forwarding  address  on
     2  mail  sent  to  a  voter  by  the board of elections and returned by the
     3  postal service. Such confirmation notices shall  be  sent  to  such  new
     4  address.
     5    §  3. Subdivision 5 of section 5-210 of the election law is amended by
     6  adding a new paragraph (n) to read as follows:
     7    (n) The form of application required by section 5-212  of  this  title
     8  shall be deemed to meet the requirements of this section.
     9    § 4. Subdivision 27 of section 1-104 of the election law is amended to
    10  read as follows:
    11    27.  The  term  "personal  application" means a signed writing [which]
    12  that may be delivered by mailing [or], in person, or electronically.
    13    § 5. This act shall take effect April 1, 2020.
    14    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    15  sion, section or part of this act shall be  adjudged  by  any  court  of
    16  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    17  impair, or invalidate the remainder thereof, but shall  be  confined  in
    18  its  operation  to the clause, sentence, paragraph, subdivision, section
    19  or part thereof directly involved in the controversy in which such judg-
    20  ment shall have been rendered. It is hereby declared to be the intent of
    21  the legislature that this act would  have  been  enacted  even  if  such
    22  invalid provisions had not been included herein.
    23    §  3.  This  act shall take effect immediately provided, however, that
    24  the applicable effective date of Parts A through X of this act shall  be
    25  as specifically set forth in the last section of such Parts.
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