Bill Text: NY A03588 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that if a run-off primary election is required in the city of New York, it shall be held on the third Tuesday next succeeding the date on which the initial primary election was held; requires the transmission of information regarding such elected officials be delivered to the secretary of state within 30 days of the general election; further addresses military voters.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A03588 Detail]

Download: New_York-2019-A03588-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3588
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M. of A. CARROLL, SIMON -- read once and referred to the
          Committee on Election Law
        AN ACT to amend  the  election  law,  in  relation  to  run-off  primary
          elections
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 1  of  section  8-100  of  the
     2  election law, as added by chapter 373 of the laws of 1978, is amended to
     3  read as follows:
     4    (b) In the event a run-off primary election is required in the city of
     5  New York, it shall be held on the [second] third Tuesday next succeeding
     6  the date on which the initial primary election was held.
     7    § 2. Section 4-114 of the election law, as amended by chapter 4 of the
     8  laws of 2011, is amended to read as follows:
     9    §  4-114.  Determination  of candidates and questions; county board of
    10  elections. The county board of elections, not  later  than  the  thirty-
    11  fifth  day  before  the  day  of  a  primary or general election, or the
    12  fifty-third day before a special election, shall  determine  the  candi-
    13  dates  duly  nominated  for  public  office and the questions that shall
    14  appear on the ballot within the jurisdiction of that board of elections.
    15  Provided, however, in any  year  in  which  there  has  been  a  run-off
    16  election  in  the  city of New York, the board of elections of such city
    17  shall, not later than the twenty-eighth day before the general  election
    18  in  that year, determine the candidates duly nominated for public office
    19  and the questions that shall appear on the ballot within  the  jurisdic-
    20  tion of the board of elections of the city of New York.
    21    § 3. Subdivision 1 of section 8-412 of the election law, as amended by
    22  chapter 155 of the laws of 1994, is amended to read as follows:
    23    1. The board of elections shall cause all absentee ballots received by
    24  it  before  the  close  of  the  polls  on  election day and all ballots
    25  contained in envelopes showing a cancellation mark of the United  States
    26  postal service or a foreign country's postal service, or showing a dated
    27  endorsement  of  receipt  by another agency of the United States govern-
    28  ment, with a date which is ascertained to be  not  later  than  the  day
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02081-01-9

        A. 3588                             2
     1  before  election  and received by such board of elections not later than
     2  seven days following the day of election, or fourteen days following the
     3  day of the general election in the city of New York in any year in which
     4  there  has  been  a run-off election, to be cast and counted except that
     5  the absentee ballot of a voter who  requested  such  ballot  by  letter,
     6  rather than application, shall not be counted unless a valid application
     7  form,  signed  by such voter, is received by the board of elections with
     8  such ballot.
     9    § 4. Section 9-214 of the election law, the section heading and  first
    10  undesignated  paragraph  as  amended by chapter 286 of the laws of 1983,
    11  and the second undesignated paragraph as amended by  chapter  4  of  the
    12  laws of 2011, is amended to read as follows:
    13    §  9-214.  Transmission  of  statements  of canvassing boards to state
    14  board of elections and secretary of state. The board of elections  shall
    15  transmit  by mail or cause to be delivered personally to the state board
    16  of elections, a certified copy of the statement of the canvassing  board
    17  relating  to  the offices of electors of president and vice-president of
    18  the United States, United States senator,  representatives  in  congress
    19  and  state  offices, including members of the state senate and assembly,
    20  and to the votes cast on any ballot proposal submitted to all the voters
    21  of the state, within twenty-five days after the election. If any  certi-
    22  fied  copy  shall  not  be  received by the state board on or before the
    23  twenty-fifth day following a general election, or a special election, it
    24  shall dispatch a special messenger to obtain such  certified  copy,  and
    25  the board of elections, immediately upon demand of such messenger at its
    26  office,  shall  make  and deliver a certified copy to such messenger who
    27  shall deliver it forthwith to the state board.
    28    The board of elections shall transmit to the secretary of state within
    29  twenty-five days after a general election, and within twenty days  after
    30  a  special  election,  a list of the names and residences of all persons
    31  determined by the canvassing board to be elected to any  county  office.
    32  Notwithstanding the foregoing provisions of this section, in any year in
    33  which  there  has  been  a run-off election in the city of New York, the
    34  board of elections in the city of New York shall transmit to the  secre-
    35  tary  of  state not later than thirty days after the general election in
    36  that year a list of the names and residences of all  persons  determined
    37  by the canvassing board to be elected to any county office.
    38    The board of elections shall transmit to the state board, on or before
    39  the  tenth  day of December following an election for governor, a certi-
    40  fied tabulated statement, by election districts, of the official canvass
    41  of the votes cast for candidates for governor, to include, in  the  case
    42  of  a  candidate who was nominated by two or more parties or independent
    43  bodies, a separate statement of the number of votes cast for him as  the
    44  candidate  of  each  party or independent body by which he was nominated
    45  and if the county contains more than one assembly district or  parts  of
    46  more than one assembly district, a statement of the number of votes cast
    47  for governor by assembly district.
    48    §  5. Paragraph (a) of subdivision 1 of section 10-108 of the election
    49  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
    50  follows:
    51    (a)  Ballots for military voters shall be mailed or otherwise distrib-
    52  uted by the board of elections, in accordance with the preferred  method
    53  of  transmission  designated  by the voter pursuant to section 10-107 of
    54  this article, as soon as practicable but in any  event  not  later  than
    55  thirty-two  days  before a primary or general election; twenty-five days
    56  before a New York city  community  school  board  district  or  city  of

        A. 3588                             3
     1  Buffalo  school  district  election;  fourteen  days  before  a  village
     2  election conducted by the board of elections; and forty-five days before
     3  a special election.  Notwithstanding the foregoing  provisions  of  this
     4  section,  in  any year in which there has been a run-off election in the
     5  city of New York, ballots for military voters shall be mailed or  other-
     6  wise  distributed  by  the board of elections of such city in accordance
     7  with the preferred method of transmission designated by the voter pursu-
     8  ant to section 10-107 of this article, as soon as practicable but in any
     9  event not later than twenty-five days before a general election in  that
    10  year.  A  voter who submits a military ballot application shall be enti-
    11  tled to a  military  ballot  thereafter  for  each  subsequent  election
    12  through and including the next two regularly scheduled general elections
    13  held  in  even  numbered  years, including any run-offs which may occur;
    14  provided, however, such application shall not be valid for any  election
    15  held  within  seven days after its receipt. Ballots shall also be mailed
    16  to any qualified military  voter  who  is  already  registered  and  who
    17  requests  such military ballot from such board of elections in a letter,
    18  which is signed by the voter and received by the board of elections  not
    19  later  than  the seventh day before the election for which the ballot is
    20  requested and which states the address where the voter is registered and
    21  the address to which the ballot is to be mailed. The board of  elections
    22  shall  enclose  with  such  ballot  a  form  of application for military
    23  ballot. In the case of a primary election, the board shall deliver  only
    24  the  ballot  of  the  party  with  which  the military voter is enrolled
    25  according to the military voter's registration records. In the  event  a
    26  primary  election  is  uncontested  in  the  military  voter's  election
    27  district for all offices or  positions  except  the  party  position  of
    28  member  of  the ward, town, city or county committee, no ballot shall be
    29  delivered to such military voter for such  election;  and  the  military
    30  voter  shall  be  advised of the reason why he or she will not receive a
    31  ballot.
    32    § 6. Subdivision 1 of section 10-114 of the election law,  as  amended
    33  by chapter 165 of the laws of 2009, is amended to read as follows:
    34    1. The board of elections shall cause all military ballots received by
    35  it  before  the  close  of  the  polls  on  election day and all ballots
    36  contained in envelopes showing a cancellation mark of the United  States
    37  postal service or a foreign country's postal service, or showing a dated
    38  endorsement of receipt by another agency of the United States government
    39  or  are  signed  and  dated by the voter and one witness thereto, with a
    40  date which is ascertained to be not later than the day  before  election
    41  and  received  by  such  board  of  elections  not later than seven days
    42  following the day of a primary election and not later than thirteen days
    43  following the day of a general or special election to be cast and count-
    44  ed. Notwithstanding the foregoing provisions of  this  section,  in  any
    45  year in which there has been a run-off election in the city of New York,
    46  the  board  of  elections  of such city shall cause all military ballots
    47  received by it before the close of the polls on  election  day  and  all
    48  ballots contained in envelopes showing a cancellation mark of the United
    49  States  postal service or foreign country's postal service, or showing a
    50  dated endorsement of receipt by another  agency  of  the  United  States
    51  government or are signed and dated by the voter and one witness thereto,
    52  with  a  date  which  is ascertained to be not later than the day before
    53  election day and received by such board  of  elections  not  later  than
    54  twenty  days  following the day of a general election in that year to be
    55  cast and counted.
    56    § 7. This act shall take effect immediately.
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