Relates to amending deadlines to facilitate timely transmission of ballots to overseas military voters for primary and general elections

Provides for changes in the election law to allow for compliance with the federal Military and Overseas Voter Empowerment (MOVE) Act.

Summary of Provisions:

Various sections of the election law are changed to provide adequate time for the sending of ballots to military and overseas voters. These provisions include the following:

Moves the primary election for federal, state, and local offices to the third Tuesday in August;

Moves the certification of local ballot proposals to three months before the election;

Provides for the certification of candidates for the ballot at least fifty-four days before the election, in the case of the state board of elections, and at least fifty-three days before the election, in the case of local boards of elections;

Requires voter check cards be sent to voters between forty and forty- five days before the election to notify them of their poll site and hours of voting;

Requires candidates for county committee who have been designated for more than one election district notify the board of election in which district they wish to run at least ten weeks before the primary;

Moves the filing of designating petitions to between the thirteenth Friday and the twelfth Wednesday preceding the primary election;

Moves the filing of opportunity to ballot petitions to between the elev- enth Wednesday and the tenth Wednesday before the primary election; Provides that judicial conventions be held between the fourth Tuesday and the fourth Thursday in August;

Moves the filing of petitions for independent petitions to no earlier than fourteen weeks and no later than thirteen weeks before the general election;

Requires certificates of acceptance or declination for independent petitions be filed no later than the third day after the thirteenth Tuesday before the general election;

Provides that the certificate to fill a vacancy in an independent nomi- nation be filed no later than six days after the thirteenth Tuesday before the general election;

Requires a vacancy occur at least three months before the general election to be filled at that election;

Requires military and overseas voters ballots be sent at least forty- five days before the primary and general elections.

Justification:

The enactment of the federal Military Overseas Voter Empowerment (MOVE) Act requires that ballots for military and overseas voters be sent at least forty-five days prior to an election to ensure their receipt in time for the voter to vote and return their ballot to be counted.

A U.S. District Court ordered that the primary election for federal office in New York be moved to the fourth Tuesday in June. The court explicitly stated in the order that this date could be changed by the state if they adopted a date that complies with the MOVE Act. A June primary for state offices would be disruptive to the normal legislative cycle, negatively impact the budget and end-of-session matters, and unnecessarily inject politics into the governing process.

This bill provides a solution to the current law which requires conduct- ing two primary elections in New York, one for federal office and a second one for state and local offices. It is beneficial to the voters and the taxpayers of New York to combine these two primaries into one. The cost of conducting a statewide primary in New York has been esti- mated to cost over $40 million. By combining the primaries the state taxpayers save the cost of one of the primaries. In addition the voters only have to make time to go to the polls for one primary and one gener- al election.

Protecting the rights of the military and overseas voters is the goal of this legislation. Giving them adequate time to receive and vote their ballots should be the goal of every New Yorker.

Fiscal Implications:

Save counties upwards of $40 million.

Effective Date:

Immediately