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

Section 2 of the bill amends § 3-420(1) of the election law to increase the compensation for election inspectors to $250 and for election coordinators to $350 in New York City.

Section 3 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 4 of the bill amends § 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 5 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 three months prior to the general election at which such proposal is to be voted upon.

Section 6 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 55 days before a primary election or presidential primary 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-a of the bill amends § 4-110 of the election law's reverter clause to preserve the section 5 changes for when then current version of the section expires. Section 7 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 55 days before a general election 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 8 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 54 days before a primary or general election.

Section 8-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 9 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 70 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 on election day.

Section 10 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 11 of the bill amends § 5-708(5) of the election law to specify that at least once 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 did not leave a forwarding address with the USPS.

Section 12 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 13 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 14 of the bill amends § 6-158 of the election law to provide that:

*In subdivision (1), designating petitions be filed between the thirteenth Monday and the twelfth Thursday preceding a primary election.

*In subdivision (4), 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.

*In subdivision (5), a judicial district convention shall be held not earlier than ten days following the state constitutional deadline for the vacancy in the office of the supreme court to occur and still be

filled at the next general election, and not later than six days after the earliest date to hold such convention.

* In subdivision (6), 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 or ten days after the creation of such vacancy, whichever is later.

*In subdivision (9), 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 23 weeks and not later than 22 weeks preceding such election.

*In subdivision (11), 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-second Tuesday preceding such election.

*In subdivision (12), 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-second Tuesday preceding such election.

*In subdivision (14), a vacancy occurring three months before the 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-a of the bill amends § 6-158(6) of the election law's reverter clause to preserve the section 13 changes for when then current version of the subdivision expires.

Section 15 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-a of the bill amends § 8-100 of the election law's reverter clause to preserve the section 14 changes for when then current version of the subdivision expires.

Section 16 of the bill amends § 10-108(1)(a) of the election law to provide that ballots for military voters are sent out 46 days before a primary or general election.

Section 16-a of the bill amends § 10-108(1)(a) of the election law's reverter clause to preserve the section 15 changes for when then current version of the subdivision expires.

Section 17 of the bill amends § 11-204(4) of the election law to provide that ballots for overseas voters are sent out 46 days before a primary or general election.

Section 17-a of the bill amends § 11-204(4) of the election law's reverter clause to preserve the section 16 changes for when then current version of the section expires.

Section 18 of the bill amends § 42(1) and (4) 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 four of section 42 of the Public Officer's Law.

Section 19 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, already set the date for the federal, non-presidential primary for the fourth Tuesday in June for 2016.

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 2016, and it also will save New York State approximately $25,000,000.

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

2014: A.8198 (Silver)- Passed the Assembly. 2014: S.6204 2/28/14 Notice for committee consideration filed 5/5/14 Defeated in Elections 2013: S6204 (Stewart-Cousins)/A8198 (Silver) Referred to Elections

Fiscal implications

If enacted, this legislation has the potential to save local municipalities, which pay the costs of administering elections, up to $52 million in even numbered years. Said fiscal analysis is based on every county having both local and congressional primary elections in an even numbered year. There are no costs to the state.

Effective date

This bill would take effect immediately.