Amends provisions of the election law to address certain issues affecting village elections

Summary of provisions

Section one amends § 15-108(6) of the Election Law to clarify that the actual number of required signatures for an independent nominating petition in a village with less than a thousand residents is 5% of registered voters at the previous village election.

Section two adds a new subdivision to § 15-128 of the Election Law, Notice to Person Chosen to a Village Office, to provide a procedure in the event that a candidate elected for office declines the position. This new language clarifies that a vacancy in office is created when someone declines office, which should subsequently be filled subject to the provisions set forth in § 3-312 of the Village Law.

Section three adds a new subdivision to § 15-108 of the Election Law to require any candidates for village elective office establish residency by the time they file nominating or designating petitions.

Section four adds a new section to Article 15 of the Election Law to provide a practical format for villages using hand-counted paper ballots, as opposed to lever or scanning machines.

Section five adds a new subdivision to § 15-108 of the Election Law, to specify that for village elections, any papers required to be filed with the village election officer must be delivered on or before 5 PM on the last day to file.

Section six sets the enacting date.

Justification

Villages running their own elections face unique challenges. The provisions in this bill are meant to address issues experienced by village election officers and candidates. Specifically, there has been confusion as to how many signatures are required for independent nominating petitions in villages with less than a thousand residents. The language provided in this bill would clarify a common misconception that the number required is 5% of those that actually voted in the previous village election. Statements from the state Board of Election and other statutory provisions indicate that the

number of signatures required is actually 5% of registered voters at the last election.

The law is silent as to what happens when someone elected to office declines the position. This bill would provide villages with a practical procedure to address declinations of office.

Currently, the law allows candidates for village office to establish residency by Election Day. However, unintended vacancies in office have occurred when candidates have failed to establish proper residency. Requiring candidates for village office to establish residency by the date of nomination, as opposed to the date of the election, will deter such vacancies.

Currently, New York's election law only addresses the format of paper ballots that are to be used by scanner voting machines and does not provide for any other form of paper ballot. Consequently, villages that are conducting elections by hand count must either use paper ballots in a format that complies with state law but is unsuitable for the hand counting process, or use paper ballots in a format that work for hand counted elections, but do not comply with state law. This legislation will correct this oversight.

Under the Election Law, election paperwork is deemed to have been timely filed so long as it is postmarked before midnight of the last date to file a petition. This is problematic because it deters individuals from lawfully examining and challenging designating petitions and nominating petition, since prospective challengers must file their challenges not later than one day after the last day to file petitions with the village clerk. Thus, if a candidate postmarks his petition on the last day, and it is received by the clerk the next day, or even later, the deadline for someone to challenge that petition has passed. This legislation will address the issue by requiring candidates to file papers on or before the due date.

Legislative history

S.899-A (2014) S.7380 (2012}

Fiscal implications

None.

Effective date

This act shall take effect immediately.