Relates to primary elections and the timely transmission of ballots to military voters stationed overseas

Summary of specific provisions

Section 1 of the bill amends § 1-106(1) of the election law to provide that all certificates and petitions of designation, certificates of acceptance or declination of such designations, certificates of authorization for such designations, certificates of disqualification, certificates of substitution for such designations and objections and specifications of objections to such certificates and petitions required to be filed with the state board of elections or a board of elections outside of the City of New York shall be deemed timely filed and accepted for filing if sent by mail or overnight delivery service (as defined in New York Civil Practice Law and Rules § 2103(b)(6) in an envelope postmarked or showing receipt by the overnight delivery service prior to midnight of the last day of filing, and received no later than two business days after the last day to file such certificates, petitions, objections or specifications.

Section 2 of the bill amends § 4-104(1) of the election law to specify that polling places must be designated by March 15th each year which is a month and a half earlier than the current May 1st deadline.

Section 3 of the bill amends S 4-106{1)&(2) of the election law to set February 1 in each year as the deadline for the SBOE to transmit to each county a certificate stating each state and federal office to be voted upon in such general election. Section 3 further sets February 1 as the date that county boards of election must transmit a certificate containing complimentary information for local offices to the SBOE.

Section 4 of the bill amends § 4-108(1)(b) of the election law to provide that the certified text of any proposal, proposition, or referendum that is to be submitted to a vote of the people of a county, city, town, village, or special district at an election to be conducted by the board of elections shall be submitted to such board by the clerk of such political subdivision 70 days prior to the election at which such proposal is to be voted upon.

Section 5 of the bill amends § 4-110 of the election law to provide that the state board of elections shall certify to each county board of elections 54 days before a primary election the name, residence, title of office, name of party, and ballot order of each candidate to be voted for, within such county, who have filed a designation with the state board of elections.

Section 6 of the bill amends § 4-112(1) of the election law to provide that the state board of elections shall certify to each county board of elections 54 days before a general elections the name and residence of each candidate nominated via certificate filed with the state board or primary election canvassed by the state board, the title of office, name of party, the party emblem, as well as a notation as to whether any litigation is pending.

Section 7 of the bill amends § 4-114 of the election law to provide that county boards of election shall determine the candidates duly nominated for public office and the questions that shall appear on the ballot within the jurisdiction of that board of election not later than 53 days before a primary or general election. The 53-day period was previously applied to special elections in chapter 4 of the laws of 2011.

Section 7-a of the bill amends § 4-114 of the election law's reverter clause to preserve the section 7 changes for when then current version of the section expires.

Section 8 of the bill amends § 4-117(1) of the election law to provide that a "mail check card" be mailed by the local board of elections between 65 and 75 days before a primary election to notify active registered voters of the days and hours of primary and general elections, polling places, other information informing voters of residency issues regarding voting, information regarding the accessibility of polling places, and other information useful to voters interested in participating in election day operations.

Section 9 of the bill amends § 5-604(1) of the election law to provide that local boards of election shall publish updated enrollment lists before February 1 each year.

Section 10 of the bill amends § 5-708(5) of the election law to specify that at least one a year during the month of February, each board of elections shall obtain through the National Change of Address system, the forwarding address for every voter registered with such board of elections and the names of those voters who have moved and not left a forwarding address with the USPS.

Section 11 of the bill amends § 6-108(1) of the election law to remove a reference to a "fall" primary and replaces it with a reference to "the primary."

Section 12 of the bill amends § 6-147(1) and (2) of the election law to provide that duly acknowledged certificates relating to grouping of candidates, candidates running for party positions with a group, or self-assignation of an election district by or running alone in multiple election districts shall be filed with the board of elections not later than the tenth Tuesday preceding the primary election.

Section 13 of the bill amends § 6-158(1), (4-6), (9), (11&12) and (14) of the election law to provide that:

*Designating petitions be filed between the thirteenth Monday and the twelfth Thursday preceding a primary election.

*Opportunity to ballot petitions shall be filed not later than the eleventh Thursday preceding the primary election. Except in the case of a substitution of a designated person, that an opportunity to ballot petition may be filed not later than the tenth Thursday preceding such primary.

*A judicial district convention shall be held not earlier than the Thursday following the first Monday in August preceding the general election and not later than six days thereafter.

*A certificate of a party nomination made other than at the primary election for an office to be filled at the time of a general election shall be filed not later than 30 days after the primary, except that a certificate of nomination for an office which becomes vacant after the seventh day preceding such primary election shall be filed not later than 30 days after the primary of whichever is later. *Certificates of party nomination of candidates for elector of president and vice-president of the United States shall be filed not later than 76 days after the primary.

*References to a "fall" primary be removed.

*A petition for an independent nomination for an office to be filled at the time of a general election shall be filed not earlier than 24 weeks and not later than 23 weeks preceding such election.

*Certificates of acceptance or declination of an independent nomination for an office to be filled at the general election shall be filed not later than the third day after the twenty-third Tuesday preceding such election.

*A certificate to fill a vacancy caused by a declination of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the sixth day after the twenty-third Tuesday preceding such election.

*A vacancy occurring three months before general election in any year in any office authorized to be filled at a general election, except in the officers of governor, lieutenant-governor, or United States senator shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election.

Section 14 of the bill amends § 8-100(1) of the election law to provide that a primary election shall be held on the fourth Tuesday in June before every general election unless otherwise changed by an act of the legislature. This section also makes it clear that all nominations for public office required to be made at a primary election in such year shall be made at such primary and that all members of state and local party committees as well as other party offices shall be elected at such primary.

Section 15 of the bill amends § 9-208(1) of the election law to provide that a recanvass of election returns shall occur 21 days after each primary, general, or special election.

Section 16 of the bill amends § 9-211 of the election law to provide that a verifiable audit of three-percent of the voting systems occur 21 days after each primary, general, special, or village (when conducted by the board of elections) election.

Section 17 of the bill amends § 10-106(1)(a) of the election law to provide that ballots for military voters are sent out 45 days before a primary or general election. The 45-day period was previously applied to special elections in chapter 4 of the laws of 2011.

Section 17-a of the bill amends § 10-108(1)(a) of the election law's reverter clause to preserve the section 17 changes for when then current version of the section expires.

Section 18 of the bill amends § 11-204(4) of the election law to provide that ballots for overseas voters are sent out 45 days before a primary or general election. The 45-day period was previously applied to special elections in chapter 4 of the laws of 2011.

Section 19 of the bill amends § 16-102(4) of the election law to adds resolution of any appeals to the requirement that a final order be entered in any proceeding involving the names of candidates on ballots or voting machines shall be made, if possible, at least five weeks fore the day of the election in which such ballots or machines are to be used.

Section 20 of the bill amends § 16-104(3) and (4) of the election law to provide that proceedings as to the wording of the abstract or form of submissions of any proposed amendment, proposition, or question may be contested in a proceeding instituted by any personal eligible to vote on such amendment, proposition, or question within seven days after the last day to certify the wording of any such abstract ox form of submission. Further this section specifies that a final order, including the resolution of any appeals, in any proceeding involving the contents of official ballots on voting machines shall be made, if possible, at least five weeks before the day if the election at which such voting machines are to be used, or if such proceeding is commenced within five weeks of an election, no later than the day following the day on which the case is heard.

Section 21 of the bill amends § 42(1) and (2) of the public officers law to provide that a vacancy occurring three months before general election in any year in any office authorized to be filled at a general election, except in the officers of governor, lieutenant-governor, or United States senator shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election. This three-month cut-off date is also inserted into the appropriate parts of subdivision two of section 42 of the Public Officer's Law.

Section 22 of the bill is the effective date.

Justification

In 2009, President Barack Obama signed into law the Military Overseas Voter Empowerment (MOVE) Act. The MOVE Act was an amendment that expanded the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA) of 1986. UOCAVA required states and territories to allow members of the U.S. Uniformed Services and merchant marine, their family members, and U.S. citizens residing outside the United States to register and vote absentee in elections for federal offices.

The MOVE Act was designed to provide greater protections of the voting rights of military personnel, their families, and other overseas citizens. Among other provisions, the MOVE Act requires states to transmit validly-requested absentee ballots to UOCAVA voters no later than 45 days before a federal election, when the request has been received by that date, except where the state has been granted an undue hardship waiver approved by the Department of Defense for that election. New York State was granted such a waiver in 2010.

New York State's election law as currently written regarding military and overseas voters is not compliant with the 45-day requirement codified in the MOVE Act. In addition, the overall structure of the deadlines and due dates in New York State election law mean that that changing the time-frame in which military and overseas ballots must be mailed necessitates various changes to numerous interdependent sections of the election law, culminating in moving the primary date.

U.S. District Court Gary Sharpe (N.D.N.Y.) has, by and through the case of The United States of America v. State of New York The United States of America v. State of New York, already set the date for the federal, non-presidential primary for the fourth Tuesday in June for 2012.

The benefits of merging the federal non-presidential and state primaries are threefold: such a merger will ensure that military personnel and New Yorkers living abroad an opportunity to vote, it will prevent New Yorkers from having to go out and vote in three separate primaries in 2012, and it also will save New York State approximately $50,000,000.

New York State's primary was held in June until 1974 when it was changed to its current date of the first Tuesday after the second Monday in September.

Prior legislative history

None

Fiscal implication

None

Effective date

This bill would take effect immediately.