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

1 Co-sponsor

• John J. Bonacic

Title of bill

An act to amend the election law, in relation to primary elections and amending certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas and in relation to date of primary elections; and to amend the public officers law, in relation to filling vacancies in elective offices

Purpose or general idea of bill

The purpose of this bill is to ensure that New York State's election law complies with the federal Military and Overseas Voter Empowerment (MOVE) Act.

Summary of specific provisions

The bill amends § 8-100(1) of the election law to provide that a primary election shall be held on the third Tuesday in August 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.

Other sections make technical changes to conform to the primary date and or other aspects of the election calendar.

Justification

In 2009, the Military Overseas Voter Empowerment (MOVE) Act was enacted. The MOVE Act was an amendment that expanded the Uniformed and Overseas Citizens Absentee Voting Act (UOCA-VA) of 1986. 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.

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.

Merging the federal non-presidential and state primaries on the third Tuesday in August will ensure that military personnel and New Yorkers living abroad will have an opportunity to vote, reduce voter fatigue, and will save New York State approximately $25,000,000.

Fiscal implications

If enacted, this legislation has the potential to save local municipalities, which pay the costs of administering elections, up to $25,000,000 in 2016 alone.

Effective date

This bill would take effect immediately.