STATE OF NEW YORK ________________________________________________________________________ 7745--A 2017-2018 Regular Sessions IN ASSEMBLY May 11, 2017 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to run-off primary elections The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 1 of section 8-100 of the 2 election law, as added by chapter 373 of the laws of 1978, is amended to 3 read as follows: 4 (b) In the event a run-off primary election is required in the city of 5 New York, it shall be held on the [~~second~~] third Tuesday next succeeding 6 the date on which the initial primary election was held. 7 § 2. Section 4-114 of the election law, as amended by chapter 4 of the 8 laws of 2011, is amended to read as follows: 9 § 4-114. Determination of candidates and questions; county board of 10 elections. The county board of elections, not later than the thirty- 11 fifth day before the day of a primary or general election, or the 12 fifty-third day before a special election, shall determine the candi- 13 dates duly nominated for public office and the questions that shall 14 appear on the ballot within the jurisdiction of that board of elections. 15 Provided, however, in any year in which there has been a run-off 16 election in the city of New York, the board of elections of such city 17 shall, not later than the twenty-eighth day before the general election 18 in that year, determine the candidates duly nominated for public office 19 and the questions that shall appear on the ballot within the jurisdic- 20 tion of the board of elections of the city of New York. 21 § 3. Subdivision 1 of section 8-412 of the election law, as amended by 22 chapter 155 of the laws of 1994, is amended to read as follows: 23 1. The board of elections shall cause all absentee ballots received by 24 it before the close of the polls on election day and all ballots EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11560-02-7

A. 7745--A 2 1 contained in envelopes showing a cancellation mark of the United States 2 postal service or a foreign country's postal service, or showing a dated 3 endorsement of receipt by another agency of the United States govern- 4 ment, with a date which is ascertained to be not later than the day 5 before election and received by such board of elections not later than 6 seven days following the day of election, or fourteen days following the 7 day of the general election in the city of New York in any year in which 8 there has been a run-off election, to be cast and counted except that 9 the absentee ballot of a voter who requested such ballot by letter, 10 rather than application, shall not be counted unless a valid application 11 form, signed by such voter, is received by the board of elections with 12 such ballot. 13 § 4. Section 9-214 of the election law, the section heading and first 14 undesignated paragraph as amended by chapter 286 of the laws of 1983, 15 and the second undesignated paragraph as amended by chapter 4 of the 16 laws of 2011, is amended to read as follows: 17 § 9-214. Transmission of statements of canvassing boards to state 18 board of elections and secretary of state. The board of elections shall 19 transmit by mail or cause to be delivered personally to the state board 20 of elections, a certified copy of the statement of the canvassing board 21 relating to the offices of electors of president and vice-president of 22 the United States, United States senator, representatives in congress 23 and state offices, including members of the state senate and assembly, 24 and to the votes cast on any ballot proposal submitted to all the voters 25 of the state, within twenty-five days after the election. If any certi- 26 fied copy shall not be received by the state board on or before the 27 twenty-fifth day following a general election, or a special election, it 28 shall dispatch a special messenger to obtain such certified copy, and 29 the board of elections, immediately upon demand of such messenger at its 30 office, shall make and deliver a certified copy to such messenger who 31 shall deliver it forthwith to the state board. 32 The board of elections shall transmit to the secretary of state within 33 twenty-five days after a general election, and within twenty days after 34 a special election, a list of the names and residences of all persons 35 determined by the canvassing board to be elected to any county office. 36 Notwithstanding the foregoing provisions of this section, in any year in 37 which there has been a run-off election in the city of New York, the 38 board of elections in the city of New York shall transmit to the secre- 39 tary of state not later than thirty days after the general election in 40 that year a list of the names and residences of all persons determined 41 by the canvassing board to be elected to any county office. 42 The board of elections shall transmit to the state board, on or before 43 the tenth day of December following an election for governor, a certi- 44 fied tabulated statement, by election districts, of the official canvass 45 of the votes cast for candidates for governor, to include, in the case 46 of a candidate who was nominated by two or more parties or independent 47 bodies, a separate statement of the number of votes cast for him as the 48 candidate of each party or independent body by which he was nominated 49 and if the county contains more than one assembly district or parts of 50 more than one assembly district, a statement of the number of votes cast 51 for governor by assembly district. 52 § 5. Paragraph (a) of subdivision 1 of section 10-108 of the election 53 law, as amended by chapter 4 of the laws of 2011, is amended to read as 54 follows: 55 (a) Ballots for military voters shall be mailed or otherwise distrib- 56 uted by the board of elections, in accordance with the preferred method

A. 7745--A 3 1 of transmission designated by the voter pursuant to section 10-107 of 2 this article, as soon as practicable but in any event not later than 3 thirty-two days before a primary or general election; twenty-five days 4 before a New York city community school board district or city of 5 Buffalo school district election; fourteen days before a village 6 election conducted by the board of elections; and forty-five days before 7 a special election. Notwithstanding the foregoing provisions of this 8 section, in any year in which there has been a run-off election in the 9 city of New York, ballots for military voters shall be mailed or other- 10 wise distributed by the board of elections of such city in accordance 11 with the preferred method of transmission designated by the voter pursu- 12 ant to section 10-107 of this article, as soon as practicable but in any 13 event not later than twenty-five days before a general election in that 14 year. A voter who submits a military ballot application shall be enti- 15 tled to a military ballot thereafter for each subsequent election 16 through and including the next two regularly scheduled general elections 17 held in even numbered years, including any run-offs which may occur; 18 provided, however, such application shall not be valid for any election 19 held within seven days after its receipt. Ballots shall also be mailed 20 to any qualified military voter who is already registered and who 21 requests such military ballot from such board of elections in a letter, 22 which is signed by the voter and received by the board of elections not 23 later than the seventh day before the election for which the ballot is 24 requested and which states the address where the voter is registered and 25 the address to which the ballot is to be mailed. The board of elections 26 shall enclose with such ballot a form of application for military 27 ballot. In the case of a primary election, the board shall deliver only 28 the ballot of the party with which the military voter is enrolled 29 according to the military voter's registration records. In the event a 30 primary election is uncontested in the military voter's election 31 district for all offices or positions except the party position of 32 member of the ward, town, city or county committee, no ballot shall be 33 delivered to such military voter for such election; and the military 34 voter shall be advised of the reason why he or she will not receive a 35 ballot. 36 § 6. Subdivision 1 of section 10-114 of the election law, as amended 37 by chapter 165 of the laws of 2009, is amended to read as follows: 38 1. The board of elections shall cause all military ballots received by 39 it before the close of the polls on election day and all ballots 40 contained in envelopes showing a cancellation mark of the United States 41 postal service or a foreign country's postal service, or showing a dated 42 endorsement of receipt by another agency of the United States government 43 or are signed and dated by the voter and one witness thereto, with a 44 date which is ascertained to be not later than the day before election 45 and received by such board of elections not later than seven days 46 following the day of a primary election and not later than thirteen days 47 following the day of a general or special election to be cast and count- 48 ed. Notwithstanding the foregoing provisions of this section, in any 49 year in which there has been a run-off election in the city of New York, 50 the board of elections of such city shall cause all military ballots 51 received by it before the close of the polls on election day and all 52 ballots contained in envelopes showing a cancellation mark of the United 53 States postal service or foreign country's postal service, or showing a 54 dated endorsement of receipt by another agency of the United States 55 government or are signed and dated by the voter and one witness thereto, 56 with a date which is ascertained to be not later than the day before

A. 7745--A 4 1 election day and received by such board of elections not later than 2 twenty days following the day of a general election in that year to be 3 cast and counted. 4 § 7. This act shall take effect immediately.

Relates to run-off primary elections

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