STATE OF NEW YORK ________________________________________________________________________ 3588 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. CARROLL, SIMON -- read once and referred to the Committee on Election Law 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 25 contained in envelopes showing a cancellation mark of the United States 26 postal service or a foreign country's postal service, or showing a dated 27 endorsement of receipt by another agency of the United States govern- 28 ment, with a date which is ascertained to be not later than the day EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02081-01-9

A. 3588 2 1 before election and received by such board of elections not later than 2 seven days following the day of election, or fourteen days following the 3 day of the general election in the city of New York in any year in which 4 there has been a run-off election, to be cast and counted except that 5 the absentee ballot of a voter who requested such ballot by letter, 6 rather than application, shall not be counted unless a valid application 7 form, signed by such voter, is received by the board of elections with 8 such ballot. 9 § 4. Section 9-214 of the election law, the section heading and first 10 undesignated paragraph as amended by chapter 286 of the laws of 1983, 11 and the second undesignated paragraph as amended by chapter 4 of the 12 laws of 2011, is amended to read as follows: 13 § 9-214. Transmission of statements of canvassing boards to state 14 board of elections and secretary of state. The board of elections shall 15 transmit by mail or cause to be delivered personally to the state board 16 of elections, a certified copy of the statement of the canvassing board 17 relating to the offices of electors of president and vice-president of 18 the United States, United States senator, representatives in congress 19 and state offices, including members of the state senate and assembly, 20 and to the votes cast on any ballot proposal submitted to all the voters 21 of the state, within twenty-five days after the election. If any certi- 22 fied copy shall not be received by the state board on or before the 23 twenty-fifth day following a general election, or a special election, it 24 shall dispatch a special messenger to obtain such certified copy, and 25 the board of elections, immediately upon demand of such messenger at its 26 office, shall make and deliver a certified copy to such messenger who 27 shall deliver it forthwith to the state board. 28 The board of elections shall transmit to the secretary of state within 29 twenty-five days after a general election, and within twenty days after 30 a special election, a list of the names and residences of all persons 31 determined by the canvassing board to be elected to any county office. 32 Notwithstanding the foregoing provisions of this section, in any year in 33 which there has been a run-off election in the city of New York, the 34 board of elections in the city of New York shall transmit to the secre- 35 tary of state not later than thirty days after the general election in 36 that year a list of the names and residences of all persons determined 37 by the canvassing board to be elected to any county office. 38 The board of elections shall transmit to the state board, on or before 39 the tenth day of December following an election for governor, a certi- 40 fied tabulated statement, by election districts, of the official canvass 41 of the votes cast for candidates for governor, to include, in the case 42 of a candidate who was nominated by two or more parties or independent 43 bodies, a separate statement of the number of votes cast for him as the 44 candidate of each party or independent body by which he was nominated 45 and if the county contains more than one assembly district or parts of 46 more than one assembly district, a statement of the number of votes cast 47 for governor by assembly district. 48 § 5. Paragraph (a) of subdivision 1 of section 10-108 of the election 49 law, as amended by chapter 4 of the laws of 2011, is amended to read as 50 follows: 51 (a) Ballots for military voters shall be mailed or otherwise distrib- 52 uted by the board of elections, in accordance with the preferred method 53 of transmission designated by the voter pursuant to section 10-107 of 54 this article, as soon as practicable but in any event not later than 55 thirty-two days before a primary or general election; twenty-five days 56 before a New York city community school board district or city of

A. 3588 3 1 Buffalo school district election; fourteen days before a village 2 election conducted by the board of elections; and forty-five days before 3 a special election. Notwithstanding the foregoing provisions of this 4 section, in any year in which there has been a run-off election in the 5 city of New York, ballots for military voters shall be mailed or other- 6 wise distributed by the board of elections of such city in accordance 7 with the preferred method of transmission designated by the voter pursu- 8 ant to section 10-107 of this article, as soon as practicable but in any 9 event not later than twenty-five days before a general election in that 10 year. A voter who submits a military ballot application shall be enti- 11 tled to a military ballot thereafter for each subsequent election 12 through and including the next two regularly scheduled general elections 13 held in even numbered years, including any run-offs which may occur; 14 provided, however, such application shall not be valid for any election 15 held within seven days after its receipt. Ballots shall also be mailed 16 to any qualified military voter who is already registered and who 17 requests such military ballot from such board of elections in a letter, 18 which is signed by the voter and received by the board of elections not 19 later than the seventh day before the election for which the ballot is 20 requested and which states the address where the voter is registered and 21 the address to which the ballot is to be mailed. The board of elections 22 shall enclose with such ballot a form of application for military 23 ballot. In the case of a primary election, the board shall deliver only 24 the ballot of the party with which the military voter is enrolled 25 according to the military voter's registration records. In the event a 26 primary election is uncontested in the military voter's election 27 district for all offices or positions except the party position of 28 member of the ward, town, city or county committee, no ballot shall be 29 delivered to such military voter for such election; and the military 30 voter shall be advised of the reason why he or she will not receive a 31 ballot. 32 § 6. Subdivision 1 of section 10-114 of the election law, as amended 33 by chapter 165 of the laws of 2009, is amended to read as follows: 34 1. The board of elections shall cause all military ballots received by 35 it before the close of the polls on election day and all ballots 36 contained in envelopes showing a cancellation mark of the United States 37 postal service or a foreign country's postal service, or showing a dated 38 endorsement of receipt by another agency of the United States government 39 or are signed and dated by the voter and one witness thereto, with a 40 date which is ascertained to be not later than the day before election 41 and received by such board of elections not later than seven days 42 following the day of a primary election and not later than thirteen days 43 following the day of a general or special election to be cast and count- 44 ed. Notwithstanding the foregoing provisions of this section, in any 45 year in which there has been a run-off election in the city of New York, 46 the board of elections of such city shall cause all military ballots 47 received by it before the close of the polls on election day and all 48 ballots contained in envelopes showing a cancellation mark of the United 49 States postal service or foreign country's postal service, or showing a 50 dated endorsement of receipt by another agency of the United States 51 government or are signed and dated by the voter and one witness thereto, 52 with a date which is ascertained to be not later than the day before 53 election day and received by such board of elections not later than 54 twenty days following the day of a general election in that year to be 55 cast and counted. 56 § 7. This act shall take effect immediately.

Relates to run-off primary elections

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