Bill Text: NY A08785 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to special elections to fill vacancies in the state senate and assembly and certain deadlines with regard to such special elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-20 - substituted by s7819 [A08785 Detail]
Download: New_York-2021-A08785-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8785 IN ASSEMBLY January 12, 2022 ___________ Introduced by M. of A. WALKER -- read once and referred to the Committee on Election Law AN ACT to amend the public officers law and the election law, in relation to special elections to fill vacancies in the state senate and assembly The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 42 of the public officers law, as 2 amended by a chapter of the laws of 2021, amending the public officers 3 law relating to the dates by which the governor may make proclamation of 4 a special election to fill certain offices, as proposed in legislative 5 bills numbers S. 7227 and A. 8028, is amended to read as follows: 6 3. Upon the failure to elect to any office, except that of governor or 7 lieutenant-governor, at a general or special election, at which such 8 office is authorized to be filled, or upon the death or disqualification 9 of a person elected to office before the commencement of his or her 10 official term, or upon the occurrence of a vacancy in any elective 11 office which cannot be filled by appointment for a period extending to 12 or beyond the next general election at which a person may be elected 13 thereto, the governor shall, unless otherwise provided for by authorized 14 local law, resolution or ordinance, make proclamation of a special 15 election to fill such office within ten days of the occurrence of a 16 vacancy, specifying the district or county in which the election is to 17 be held, and the day thereof, which shall be: a. not less than seventy 18 nor more than eighty days from the date of the proclamation to fill a 19 vacancy in the office of a representative in congress or for a vacancy 20 in any other office that is not in the state senate or assembly; and b. 21 not less than forty days nor more than fifty days from the date of the 22 proclamation to fill a vacancy in [any other office] the state senate or 23 assembly, provided, however, that the governor may issue a proclamation 24 to fill any subsequent vacancy in the state senate or assembly for the 25 same date as any previously scheduled special election as long as the 26 proclamation is issued at least thirty days before the occurrence of the 27 special election. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11710-03-2A. 8785 2 1 § 2. Subdivision 1 of section 4-112 of the election law, as amended by 2 chapter 5 of the laws of 2019, is amended to read as follows: 3 1. The state board of elections, not later than fifty-five days before 4 a general election, [or] fifty-three days before a special election, or 5 twenty-four days before a special election held pursuant to paragraph b 6 of subdivision three of section forty-two of the public officers law, 7 shall certify to each county board of elections the name and residence 8 of each candidate nominated in any valid certificate filed with it or by 9 the returns canvassed by it, the title of the office for which nomi- 10 nated; the name of the party or body specified of which he or she is a 11 candidate; [the emblem chosen to distinguish the candidates of the party12or body;] and a notation as to whether or not any litigation is pending 13 concerning the candidacy. Upon the completion of any such litigation, 14 the state board of elections shall forthwith notify the appropriate 15 county boards of elections of the results of such litigation. 16 § 3. Section 4-114 of the election law, as amended by chapter 5 of the 17 laws of 2019, is amended to read as follows: 18 § 4-114. Determination of candidates and questions; county board of 19 elections. The county board of elections, not later than the fifty- 20 fourth day before the day of a primary or general election, [or] the 21 fifty-third day before a special election, or twenty-four days before a 22 special election held pursuant to paragraph b of subdivision three of 23 section forty-two of the public officers law, shall determine the candi- 24 dates duly nominated for public office and the questions that shall 25 appear on the ballot within the jurisdiction of that board of elections. 26 § 4. Subdivision 3 of section 6-120 of the election law, as amended by 27 chapter 226 of the laws of 1982, is amended to read as follows: 28 3. The members of the party committee representing the political 29 subdivision of the office for which a designation or nomination is to be 30 made, unless the rules of the party provide for another committee, in 31 which case the members of such other committee, and except as hereinaft- 32 er in this subdivision provided with respect to certain offices in the 33 city of New York, may, by a majority vote of those present at such meet- 34 ing provided a quorum is present, authorize the designation or nomi- 35 nation of a person as candidate for any office who is not enrolled as a 36 member of such party as provided in this section. In the event that such 37 designation or nomination is for an office to be filled by all the 38 voters of the city of New York, such authorization must be by a majority 39 vote of those present at a joint meeting of the executive committees of 40 each of the county committees of the party within the city of New York, 41 provided a quorum is present at such meeting. The certificate of author- 42 ization shall be filed not later than four days after the last day to 43 file the designating petition, certificate of nomination or certificate 44 of substitution to which such authorization relates, provided, however, 45 such certificate shall be filed not later than nine days following the 46 issuance of a proclamation of a special election held pursuant to para- 47 graph b of subdivision three of section forty-two of the public officers 48 law. The certificate of authorization shall be signed and acknowledged 49 by the presiding officer and the secretary of the meeting at which such 50 authorization was given. 51 § 5. Subdivision 3 of section 6-154 of the election law is amended to 52 read as follows: 53 3. Written objections to any certificate of nomination or to a certif- 54 icate of acceptance, a certificate of authorization, a certificate of 55 declination or a certificate of substitution relating to a special 56 election held pursuant to paragraph b of subdivision three of sectionA. 8785 3 1 forty-two of the public officers law may be filed by any voter regis- 2 tered to vote for such public office. Such objections shall be filed 3 with the officer or board with whom the original certificate is filed 4 within one day after the filing of the certificate to which objection is 5 made, or within one day after the last day to file such a certificate, 6 if no such certificate is filed. When such objections are filed, spec- 7 ifications of the grounds of the objections shall be filed within three 8 days thereafter with the same officer or board and if specifications are 9 not timely filed, the objections shall be null and void. 10 4. When a determination is made that a certificate or petition is 11 insufficient, such officer or board shall give notice of the determi- 12 nation forthwith by mail to each candidate named in the petition or 13 certificate, and, if the determination is made upon specified 14 objections, the objector shall be notified. 15 § 6. Subdivision 6 of section 6-158 of the election law, as amended by 16 chapter 290 of the laws of 2019, is amended to read as follows: 17 6. (a) A certificate of a party nomination made other than at the 18 primary election for an office to be filled at the time of a general 19 election shall be filed not later than thirty days after the June prima- 20 ry election, (b) except that a certificate of nomination for an office 21 which becomes vacant after the seventh day preceding such primary 22 election shall be filed not later than thirty days after the primary 23 election or ten days after the creation of such vacancy, whichever is 24 later, and (c) except, further, that a certificate of party nomination 25 of candidates for elector of president and vice-president of the United 26 States shall be filed not later than seventy-three days after the June 27 primary election, and (d) except still further that a certificate of 28 party nomination made at a judicial district convention shall be filed 29 not later than the day after the last day to hold such convention and 30 the minutes of such convention, duly certified by the chairman and 31 secretary, shall be filed within seventy-two hours after adjournment of 32 the convention. A certificate of party nomination for an office to be 33 filled at a special election shall be filed not later than ten days 34 following the issuance of a proclamation of such election, provided, 35 however, such certificate shall be filed not later than seven days 36 following the issuance of a proclamation for a special election held 37 pursuant to paragraph b of subdivision three of section forty-two of the 38 public officers law. 39 § 7. Subdivision 6 of section 6-158 of the election law, as amended by 40 chapter 5 of the laws of 2019, is amended to read as follows: 41 6. (a) A certificate of a party nomination made other than at the 42 primary election for an office to be filled at the time of a general 43 election shall be filed not later than thirty days after the primary 44 election, (b) except that a certificate of nomination for an office 45 which becomes vacant after the seventh day preceding such primary 46 election shall be filed not later than thirty days after the primary 47 election or ten days after the creation of such vacancy, whichever is 48 later, and (c) except, further, that a certificate of party nomination 49 of candidates for elector of president and vice-president of the United 50 States shall be filed not later than seventy-four days after the primary 51 election, and (d) except still further that a certificate of party nomi- 52 nation made at a judicial district convention shall be filed not later 53 than the day after the last day to hold such convention and the minutes 54 of such convention, duly certified by the chairman and secretary, shall 55 be filed within seventy-two hours after adjournment of the convention. A 56 certificate of party nomination for an office to be filled at a specialA. 8785 4 1 election shall be filed not later than ten days following the issuance 2 of a proclamation of such election, provided, however, such certificate 3 shall be filed not later than seven days following the issuance of a 4 proclamation for a special election held pursuant to paragraph b of 5 subdivision three of section forty-two of the public officers law. 6 § 8. Subdivisions 7, 8, 9, 11 and 12 of section 6-158 of the election 7 law, subdivision 8 as amended by chapter 703 of the laws of 1982 and 8 subdivisions 9, 11 and 12 as amended by chapter 5 of the laws of 2019, 9 are amended to read as follows: 10 7. A certificate of acceptance or declination of a party nomination 11 made other than at a primary election for an office to be filled at the 12 time of a general election shall be filed not later than the third day 13 after the last day to file the certificate of such party nomination. A 14 certificate of acceptance or declination of a party nomination for an 15 office to be filled at a special election shall be filed not later than 16 twelve days following the issuance of a proclamation of such election, 17 provided however, such certificate shall be filed not later than nine 18 days following the issuance of a proclamation of a special election held 19 pursuant to paragraph b of subdivision three of section forty-two of the 20 public officers law. 21 8. A certificate to fill a vacancy caused by a declination of a party 22 nomination for an office to be filled at the time of a general election 23 shall be filed not later than four days after the last day to file such 24 declination, except that if such nomination was made at the primary 25 election, such certificate shall be filed not later than ten days after 26 the last day to file such declination. A certificate to fill a vacancy 27 caused by a declination of a party nomination for an office to be filled 28 at a special election shall be filed not later than fourteen days 29 following the issuance of a proclamation of such election, provided 30 however, such certificate shall be filed not later than eleven days 31 following the issuance of a proclamation of a special election held 32 pursuant to paragraph b of subdivision three of section forty-two of the 33 public officers law. A certificate to fill a vacancy in a nomination 34 caused by death or disqualification shall be filed not later than ten 35 days after such death or disqualification or four days before the 36 election, whichever is earlier. 37 9. A petition for an independent nomination for an office to be filled 38 at the time of a general election shall be filed not earlier than twen- 39 ty-four weeks and not later than twenty-three weeks preceding such 40 election. A petition for an independent nomination for an office to be 41 filled at a special election shall be filed not later than twelve days 42 following the issuance of a proclamation of such election, provided 43 however, such certificate shall be filed not later than nine days 44 following the issuance of a proclamation of a special election held 45 pursuant to paragraph b of subdivision three of section forty-two of the 46 public officers law. 47 11. A certificate of acceptance or declination of an independent nomi- 48 nation for an office to be filled at the time of a general election 49 shall be filed not later than the third day after the twenty-third Tues- 50 day preceding such election except that a candidate who files such a 51 certificate of acceptance for an office for which there have been filed 52 certificates or petitions designating more than one candidate for the 53 nomination of any party, may thereafter file a certificate of declina- 54 tion not later than the third day after the primary election. A certif- 55 icate of acceptance or declination of an independent nomination for an 56 office to be filled at a special election shall be filed not later thanA. 8785 5 1 fourteen days following the issuance of a proclamation of such election, 2 provided however, such certificate shall be filed not later than eleven 3 days following the issuance of a proclamation of a special election held 4 pursuant to paragraph b of subdivision three of section forty-two of the 5 public officers law. 6 12. A certificate to fill a vacancy caused by a declination of an 7 independent nomination for an office to be filled at the time of a 8 general election shall be filed not later than the sixth day after the 9 twenty-third Tuesday preceding such election. A certificate to fill a 10 vacancy caused by a declination of an independent nomination for an 11 office to be filled at a special election shall be filed not later than 12 sixteen days following the issuance of a proclamation of such election, 13 provided however, such certificate shall be filed not later than thir- 14 teen days following the issuance of a proclamation of a special election 15 held pursuant to paragraph b of subdivision three of section forty-two 16 of the public officers law. 17 § 9. Paragraph (e) of subdivision 4 of section 8-600 of the election 18 law, as added by chapter 6 of the laws of 2019, is amended to read as 19 follows: 20 (e) Early voting polling places and their hours of operation for early 21 voting at a general election shall be designated by May first of each 22 year pursuant to subdivision one of section 4-104 of this chapter. 23 Notwithstanding the provisions of subdivision one of section 4-104 of 24 this chapter early voting polling places and their hours of operation 25 for early voting for: (i) a primary or special election shall be made 26 not later than forty-five days before such primary or special election; 27 [and] (ii) thirty days before a special election held pursuant to para- 28 graph b of subdivision three of section forty-two of the public officers 29 law; and (iii) a run-off primary pursuant to subdivision one of section 30 6-162 of this chapter shall be made as soon as practicable. 31 § 10. Paragraph (a) of subdivision 1 of section 10-108 of the election 32 law, as amended by chapter 5 of the laws of 2019, is amended to read as 33 follows: 34 (a) Ballots for military voters shall be mailed or otherwise distrib- 35 uted by the board of elections, in accordance with the preferred method 36 of transmission designated by the voter pursuant to section 10-107 of 37 this article, as soon as practicable but in any event not later than 38 forty-six days before a primary or general election; twenty-five days 39 before a New York city community school board district or city of 40 Buffalo school district election; fourteen days before a village 41 election conducted by the board of elections; [and] forty-five days 42 before a special election; and twenty-three days before a special 43 election held pursuant to paragraph b of subdivision three of section 44 forty-two of the public officers law. A voter who submits a military 45 ballot application shall be entitled to a military ballot thereafter for 46 each subsequent election through and including the next two regularly 47 scheduled general elections held in even numbered years, including any 48 run-offs which may occur; provided, however, such application shall not 49 be valid for any election held within seven days after its receipt. 50 Ballots shall also be mailed to any qualified military voter who is 51 already registered and who requests such military ballot from such board 52 of elections in a letter, which is signed by the voter and received by 53 the board of elections not later than the seventh day before the 54 election for which the ballot is requested and which states the address 55 where the voter is registered and the address to which the ballot is to 56 be mailed. The board of elections shall enclose with such ballot a formA. 8785 6 1 of application for military ballot. In the case of a primary election, 2 the board shall deliver only the ballot of the party with which the 3 military voter is enrolled according to the military voter's registra- 4 tion records. In the event a primary election is uncontested in the 5 military voter's election district for all offices or positions except 6 the party position of member of the ward, town, city or county commit- 7 tee, no ballot shall be delivered to such military voter for such 8 election; and the military voter shall be advised of the reason why he 9 or she will not receive a ballot. 10 § 11. Subdivision 2 of section 16-102 of the election law, as amended 11 by chapter 79 of the laws of 1992, is amended to read as follows: 12 2. A proceeding with respect to a petition shall be instituted within 13 fourteen days after the last day to file the petition, or within three 14 business days after the officer or board with whom or which such peti- 15 tion was filed, makes a determination of invalidity with respect to such 16 petition, whichever is later; except that a proceeding with respect to a 17 petition for a village election or [an independent] a nomination for a 18 special election shall be instituted within seven days after the last 19 day to file the certificate or petition for such village election or 20 [independent] nomination or within three business days after the officer 21 or board with whom or which such certificate or petition was filed, 22 makes a determination of invalidity with respect to such certificate or 23 petition, whichever is later. A proceeding with respect to a primary, 24 convention, meeting of a party committee, or caucus shall be instituted 25 within ten days after the holding of such primary or convention or the 26 filing of the certificate of nominations made at such caucus or meeting 27 of a party committee. 28 § 12. This act shall take effect immediately, provided, however, that: 29 (a) section one of this act shall take effect on the same date and in 30 the same manner as a chapter of the laws of 2021 amending the public 31 officers law relating to the dates by which the governor may make proc- 32 lamation of a special election to fill certain offices, as proposed in 33 legislative bills numbers S. 7227 and A. 8028, takes effect; and 34 (b) the amendments to subdivision 6 of section 6-158 of the election 35 law made by section six of this act shall be subject to the expiration 36 and reversion of such subdivision pursuant to section 8 of chapter 290 37 of the laws of 2019, as amended, when upon such date the provisions of 38 section seven of this act shall take effect.
