Relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions

Section 3: amends § 6-154 of the election law to require boards of election to make a determination as it relates to challenges to designating or opportunity to ballot petitions no later than 60 days before a primary election and no later than 70 days before a general election.

Section 4: amends § 7-116 of the election law to provide that instances in which adjustments are made too late to completely change the ballot shall not invalidate election results.

Section 5: amends § 7-122 of the election law to require any court order or determination by the board altering absentee ballots to be made at least 20 days prior to an election.

Section 6: amends subdivisions 1 and 2 of § 7-128 of the election law to require, to the extent practical, sample and official ballots be available for public inspection, 50 days prior to the election for which the ballots have been prepared, and, require such ballots to be available for a candidate to inspect no later than 46 days before such election. This section additionally requires a written notice to be sent to candidates notifying them of the time and place where they may inspect the voting machines or systems to be used in such election, no less than 20 days prior to such election.

Section 7: amends § 7-130 of the election law to reflect updated language referencing to "voting systems".

Section 8: amends § 16-100 of the election law to require any final court order including the resolution of any appeals pursuant to 16-102(4) and § 16104(4), to be made within the timeframe requirements of those sections.

Section 9: amends § 16-102 of the election law to require the final order of a resolution of any appeals to be made within 55 days of an election to which the ballot is to be used.

Section 10: amends § 16-104 of election law to provide that a proceeding by an aggrieved candidate must be instituted within 5 days of the last date of inspection pursuant to § 7-128(2) of this chapter; a proceeding relating to the wording of an abstract, or form of submission of a proposed amendment, proposition or question must be made within 7 days of last day to certify the wording of such abstract;

Section 11: sets the effective date (immediately)

Justification

There currently exists in election law a number of deadlines relating to the printing or inspection of ballots, Board of Elections determinations, and the filing of objections and judicial proceedings relating to the form of the ballot. Such deadlines are often difficult, if not impossible for boards of election, candidates, or courts to meet under State and Federal requirements. This can lead to delays in the printing of ballots and/or the printing and distribution of ballots with incorrect or disordered in formation.

This bill would address such delays by establishing more uniform and organized deadlines relating to the printing of, inspection of, and challenge of election ballots, ensuring the State Board of Elections and/or County boards of election have the appropriate time to print and distribute an accurate election ballot.

Additionally, in instances where it is too late to make complete adjustments to the ballot in time for an election, this bill would assure the integrity of such election results.

Legislative history

A new bill.

Fiscal implications

None to the state

Effective date

Immediately.