S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5959
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the election law, in relation to amending certain  dead-
         lines  to  facilitate  the  timely transmission of ballots to military
         voters stationed overseas;  to  amend  the  public  officers  law,  in
         relation  to  filling  vacancies  in  elective  offices;  to amend the
         election law, in relation to the conducting of the presidential prima-
         ry, to provide for the election  of  delegates  to  a  national  party
         convention  or a national party conference in 2016, and the "Presiden-
         tial" and local and  federal  primary  in  such  year;  to  amend  the
         election  law,  in  relation to electing delegates to a national party
         convention; and providing for the repeal of such provisions upon expi-
         ration thereof
         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 4-108 of the
    2  election law, as amended by chapter 117 of the laws of 1985, is  amended
    3  to read as follows:
    4    b. Whenever any proposal, proposition or referendum as provided by law
    5  is  to  be  submitted  to  a vote of the people of a county, city, town,
    6  village or special district, at an election conducted by  the  board  of
    7  elections, the clerk of such political subdivision, at least [thirty-six
    8  days]  THREE MONTHS prior to the election at which such proposal, propo-
    9  sition or referendum is to be submitted, shall transmit to each board of
   10  elections a certified copy of the text of such proposal, proposition  or
   11  referendum  and  a statement of the form in which it is to be submitted.
   12  If a special election is to be held, such transmittal  shall  also  give
   13  the date of such election.
   14    S  2.  Section 4-110 of the election law, as amended by chapter 434 of
   15  the laws of 1984, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11652-02-5
       S. 5959                             2
    1    S 4-110. Certification of primary election candidates; state board  of
    2  elections.    The  state  board of elections not later than [thirty-six]
    3  FIFTY-FOUR days before a primary election, shall certify to each  county
    4  board of elections: The name and residence of each candidate to be voted
    5  for  within  the  political  subdivision of such board for whom a desig-
    6  nation has been filed with the state board; the title of the  office  or
    7  position  for  which  the candidate is designated; the name of the party
    8  upon whose primary ballot his name is to be placed;  and  the  order  in
    9  which the names of the candidates are to be printed as determined by the
   10  state  board.   Where an office or position is uncontested, such certif-
   11  ication shall state such fact.
   12    S 3. Subdivision 1 of section 4-112 of the election law, as amended by
   13  chapter 4 of the laws of 2011, is amended to read as follows:
   14    1.  The  state  board  of  elections,  not  later  than   [thirty-six]
   15  FIFTY-FOUR  days before a general election, or fifty-three days before a
   16  special election, shall certify to each county board  of  elections  the
   17  name  and residence of each candidate nominated in any valid certificate
   18  filed with it or by the returns canvassed by it, the title of the office
   19  for which nominated; the name of the party or body specified of which he
   20  is a candidate; the emblem chosen to distinguish the candidates  of  the
   21  party  or  body;  and  a notation as to whether or not any litigation is
   22  pending concerning the candidacy. Upon the completion of any such  liti-
   23  gation,  the  state board of elections shall forthwith notify the appro-
   24  priate county boards of elections of the results of such litigation.
   25    S 4. Section 4-114 of the election law, as amended by chapter 4 of the
   26  laws of 2011, is amended to read as follows:
   27    S 4-114. Determination of candidates and questions;  county  board  of
   28  elections.  The  county  board of elections, not later than the [thirty-
   29  fifth] FIFTY-THIRD day before the day of  a  primary  [or],  general  OR
   30  SPECIAL  election,  [or  the fifty-third day before a special election,]
   31  shall determine the candidates duly nominated for public office and  the
   32  questions  that  shall  appear  on the ballot within the jurisdiction of
   33  that board of elections.
   34    S 5. Subdivision 1 of section 4-117 of the election law, as amended by
   35  chapter 288 of the laws of 2009, is amended to read as follows:
   36    1. The board of elections, [between August first and August  fifth  of
   37  each year] NOT LESS THAN FORTY DAYS NOR MORE THAN FORTY-FIVE DAYS BEFORE
   38  THE  PRIMARY  ELECTION  IN  EACH YEAR, shall send by first class mail on
   39  which is endorsed "ADDRESS CORRECTION REQUESTED" and  which  contains  a
   40  request  that  any  such  mail  received for persons not residing at the
   41  address be dropped back in the mail, a communication, in a form approved
   42  by the state board of elections, to every registered voter who has  been
   43  registered without a change of address since the beginning of such year,
   44  except  that  the  board of elections shall not be required to send such
   45  communications to voters in inactive  status.  The  communication  shall
   46  notify the voter of the days and hours of the ensuing primary and gener-
   47  al  elections, the place where he OR SHE appears by his OR HER registra-
   48  tion records to be entitled to vote, the fact that voters who have moved
   49  or will have moved from the address where they were last registered must
   50  re-register or, that if such move was to another  address  in  the  same
   51  county or city, that such voter may either notify the board of elections
   52  of  his  OR HER new address or vote by paper ballot at the polling place
   53  for his OR HER new address even if such voter has not re-registered,  or
   54  otherwise  notified  the board of elections of the change of address. If
   55  the location of the polling place for the voter's election district  has
   56  been moved, the communication shall contain the following legend in bold
       S. 5959                             3
    1  type:  "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE AT..........".
    2  The communication shall also  indicate  whether  the  polling  place  is
    3  accessible  to  physically disabled voters, that a voter who will be out
    4  of the city or county on the day of the primary or general election or a
    5  voter  who  is ill or physically disabled may obtain an absentee ballot,
    6  that a physically disabled voter whose polling place is  not  accessible
    7  may  request that his OR HER registration record be moved to an election
    8  district which has a polling place which is accessible, the phone number
    9  to call for applications to move a registration record or  for  absentee
   10  ballot applications, the phone number to call for the location of regis-
   11  tration  and  polling  places, the phone number to call to indicate that
   12  the voter is willing to serve on election day as an election  inspector,
   13  poll clerk, interpreter or in other capacities, the phone number to call
   14  to obtain an application for registration by mail, and such other infor-
   15  mation  concerning  the  elections  or  registration  as  the  board may
   16  include. In lieu of  sending  such  communication  to  every  registered
   17  voter,  the  board  of  elections  may  send a single communication to a
   18  household containing more than one registered voter, provided  that  the
   19  names  of all such voters appear as part of the address on such communi-
   20  cation.
   21    S 6. Subdivision 1 of section 6-108 of the election law, as amended by
   22  chapter 160 of the laws of 1996, is amended to read as follows:
   23    1. In any town in a county having a population of over  seven  hundred
   24  fifty  thousand inhabitants, as shown by the latest federal decennial or
   25  special population census, party  nominations  of  candidates  for  town
   26  offices  shall  be  made  at  the primary preceding the election. In any
   27  other town, nominations of candidates for town offices shall be made  by
   28  caucus  or  primary  election as the rules of the county committee shall
   29  provide, except that the members of the county committee from a town may
   30  adopt by a two-thirds vote, a rule providing that the  party  candidates
   31  for  town  offices shall be nominated at the primary election. If a rule
   32  adopted by the county committee of a political party or by  the  members
   33  of  the county committee from a town, provides that party candidates for
   34  town offices, shall be nominated at a primary election, such rule  shall
   35  not  apply  to  nor  affect a primary held less than four months after a
   36  certified copy of the rule shall have  been  filed  with  the  board  of
   37  elections.  After  the filing of such a rule, the rule shall continue in
   38  force until a certified copy of a rule revoking the same shall have been
   39  filed with such board at least four months before a subsequent  primary.
   40  Such  a  caucus  shall  be  held  no earlier than the first day on which
   41  designating petitions for the [fall] LOCAL AND FEDERAL primary  election
   42  may be signed.
   43    S  7.  Subdivisions  1  and 2 of section 6-147 of the election law, as
   44  amended by chapter 434 of the laws of  1984,  are  amended  to  read  as
   45  follows:
   46    1.    The  name  of a person designated on more than one petition as a
   47  candidate for a party position to be filled by two or more persons shall
   48  be printed on the ballot with the group of candidates designated by  the
   49  petition  first filed unless such person, in a certificate duly acknowl-
   50  edged by him OR HER and filed with the board of elections not later than
   51  the [eighth] TENTH Tuesday preceding the primary election or  five  days
   52  after the board of elections mails such person notice of his designation
   53  in  more  than one group, whichever is later, specifies another group in
   54  which his OR HER name shall be printed.
   55    2. A person designated as a candidate for the position  of  member  of
   56  the  county committee in more than one election district shall be deemed
       S. 5959                             4
    1  to have been designated in the lowest numbered election district  unless
    2  such person, in a certificate duly acknowledged by him OR HER, and filed
    3  with  the  board  of elections not later than the [eighth] TENTH Tuesday
    4  preceding the primary election or five days after the board of elections
    5  mails  such  person  notice  of  his OR HER designation in more than one
    6  election district whichever is later, specifies that he OR SHE wishes to
    7  be deemed designated in a different election district.
    8    S 8. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of section 6-158 of the
    9  election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434  of
   10  the  laws of 1984, subdivision 6 as amended by chapter 79 of the laws of
   11  1992, and subdivision 9 as amended by chapter 517 of the laws  of  1986,
   12  are amended to read as follows:
   13    1.  A  designating petition shall be filed not earlier than the [tenth
   14  Monday] THIRTEENTH FRIDAY before, and not later than the  [ninth  Thurs-
   15  day] TWELFTH WEDNESDAY preceding the primary election.
   16    4. A petition of enrolled members of a party requesting an opportunity
   17  to write in the name of an undesignated candidate for a public office or
   18  party  position  at a primary election shall be filed not later than the
   19  [eighth Thursday] ELEVENTH WEDNESDAY  preceding  the  primary  election.
   20  However,  where  a  designating  petition  has been filed and the person
   21  named therein has declined such designation and another person has  been
   22  designated  to  fill  the vacancy, then in that event, a petition for an
   23  opportunity to ballot in a primary election shall  be  filed  not  later
   24  than  the  [seventh  Thursday]  TENTH  WEDNESDAY  preceding such primary
   25  election.
   26    5. A judicial district convention shall be held not earlier  than  the
   27  [Tuesday  following  the  third  Monday]  FOURTH  TUESDAY in [September]
   28  AUGUST preceding the general election and not  later  than  the  [fourth
   29  Monday] FOURTH THURSDAY in [September] AUGUST preceding such election.
   30    6.  A certificate of a party nomination made other than at the primary
   31  election for an office to be filled at the time of  a  general  election
   32  shall  be  filed  not  later  than seven days after the [fall] LOCAL AND
   33  FEDERAL primary election, except that a certificate of nomination for an
   34  office which becomes vacant after the seventh day preceding such primary
   35  election shall be filed not later than fourteen days after the  creation
   36  of  such  vacancy and except, further, that a certificate of party nomi-
   37  nation of candidates for elector of president and vice-president of  the
   38  United  States  shall  be  filed  not later than fourteen days after the
   39  [fall] LOCAL AND FEDERAL primary election, and except still further that
   40  a certificate of party nomination made at a judicial district convention
   41  shall be filed not later than the day after the last day  to  hold  such
   42  convention  and  the  minutes  of such convention, duly certified by the
   43  chairman and secretary, shall be filed within  seventy-two  hours  after
   44  adjournment of the convention.  A certificate of party nomination for an
   45  office  to be filled at a special election shall be filed not later than
   46  ten days following the issuance of a proclamation of such election.
   47    9. A petition for an independent nomination for an office to be filled
   48  at the time of a general  election  shall  be  filed  not  earlier  than
   49  [twelve]  FOURTEEN  weeks  and  not  later  than [eleven] THIRTEEN weeks
   50  preceding such election. A petition for an independent nomination for an
   51  office to be filled at a special election shall be filed not later  than
   52  twelve days following the issuance of a proclamation of such election. A
   53  petition  for  trustee of the Long Island Power Authority shall be filed
   54  not earlier than seven weeks and not later than six weeks preceding  the
   55  day of the election of such trustees.
       S. 5959                             5
    1    11. A certificate of acceptance or declination of an independent nomi-
    2  nation  for  an  office  to  be filled at the time of a general election
    3  shall be filed not later than the third day after the  [eleventh]  THIR-
    4  TEENTH Tuesday preceding such election except that a candidate who files
    5  such a certificate of acceptance for an office for which there have been
    6  filed  certificates or petitions designating more than one candidate for
    7  the nomination of any party, may thereafter file a certificate of decli-
    8  nation not later than the third day  after  the  primary  election.    A
    9  certificate  of  acceptance  or declination of an independent nomination
   10  for an office to be filled at a special  election  shall  be  filed  not
   11  later  than  fourteen  days  following the issuance of a proclamation of
   12  such election.
   13    12. A certificate to fill a vacancy caused  by  a  declination  of  an
   14  independent  nomination  for  an  office  to  be filled at the time of a
   15  general election shall be filed not later than the sixth day  after  the
   16  [eleventh]  THIRTEENTH Tuesday preceding such election. A certificate to
   17  fill a vacancy caused by a declination of an independent nomination  for
   18  an  office  to  be filled at a special election shall be filed not later
   19  than sixteen days following the  issuance  of  a  proclamation  of  such
   20  election.
   21    14.  A vacancy occurring [before September twentieth of] NOT LESS THAN
   22  THREE MONTHS BEFORE THE NEXT GENERAL ELECTION IN any year in any  office
   23  authorized  to be filled at a general election, except in the offices of
   24  governor, lieutenant-governor, or United States senator shall be  filled
   25  at  the general election held next thereafter, unless otherwise provided
   26  by the constitution, or unless previously filled at a special election.
   27    S 9. Paragraph (a) of subdivision 1 of section 8-100 of  the  election
   28  law, as amended by chapter 17 of the laws of 2007, is amended to read as
   29  follows:
   30    (a) A primary election[, to be known as the fall primary], TO BE KNOWN
   31  AS  THE  LOCAL  AND FEDERAL PRIMARY, shall be held on the [first Tuesday
   32  after the second Monday] THIRD  TUESDAY  in  [September]  AUGUST  before
   33  every  general election unless otherwise changed by an act of the legis-
   34  lature.  MEMBERS OF STATE AND COUNTY COMMITTEES  AND  ASSEMBLY  DISTRICT
   35  LEADERS  AND  ASSOCIATE  ASSEMBLY  DISTRICT  LEADERS AND ALL OTHER PARTY
   36  POSITIONS TO BE ELECTED SHALL BE ELECTED AT THE LOCAL AND FEDERAL PRIMA-
   37  RY AND ALL NOMINATIONS FOR STATE AND LOCAL PUBLIC OFFICE REQUIRED TO  BE
   38  MADE  AT  A PRIMARY ELECTION IN SUCH YEAR SHALL BE MADE AT THE LOCAL AND
   39  FEDERAL PRIMARY. In [each] THE year TWO THOUSAND SIXTEEN in which  elec-
   40  tors  of  president  and  vice  president of the United States are to be
   41  elected, an additional primary election, to be  known  as  the  [spring]
   42  PRESIDENTIAL  primary,  shall be held on [the first Tuesday in February]
   43  APRIL TWENTY-SIXTH, TWO THOUSAND SIXTEEN, unless otherwise changed by an
   44  act of the legislature, for the purpose of electing delegates OR  ALTER-
   45  NATE  DELEGATES to the national convention[, members of state and county
   46  committees and assembly district leaders and associate assembly district
   47  leaders].
   48    S 10. Subdivision 1 of section 9-211 of the election law, as added  by
   49  chapter 181 of the laws of 2005, is amended to read as follows:
   50    1.  Within  fifteen  days  after each general or special election, and
   51  within [seven] FIFTEEN days after  every  primary  or  village  election
   52  conducted  by the board of elections, the board of elections or a bipar-
   53  tisan committee appointed by such board shall manually audit  the  voter
   54  verifiable  audit  records  from  three  percent  of  voting machines or
   55  systems within the  jurisdiction  of  such  board.  Voting  machines  or
   56  systems shall be selected for audit through a random, manual process. At
       S. 5959                             6
    1  least  five days prior to the time fixed for such selection process, the
    2  board of elections shall send notice by first class mail to each  candi-
    3  date, political party and independent body entitled to have had watchers
    4  present  at the polls in any election district in such board's jurisdic-
    5  tion. Such notice shall state the time and place fixed for  such  random
    6  selection  process.  The audit shall be conducted in the same manner, to
    7  the extent applicable, as a canvass of paper  ballots.  Each  candidate,
    8  political  party  or  independent  body  entitled to appoint watchers to
    9  attend at a polling place shall be entitled to appoint  such  number  of
   10  watchers to observe the audit.
   11    S 11. Paragraph (a) of subdivision 1 of section 10-108 of the election
   12  law,  as amended by chapter 4 of the laws of 2011, is amended to read as
   13  follows:
   14    (a) Ballots for military voters shall be mailed or otherwise  distrib-
   15  uted  by the board of elections, in accordance with the preferred method
   16  of transmission designated by the voter pursuant to  section  10-107  of
   17  this  article,  as  soon  as practicable but in any event not later than
   18  [thirty-two] FORTY-FIVE days before  a  primary  or  general  election[;
   19  twenty-five  days  before],  a  New  York  city  community  school board
   20  district or city of Buffalo school  district  election[;  fourteen  days
   21  before],  OR a village election conducted by the board of elections; and
   22  forty-five days before a special election. A voter who submits  a  mili-
   23  tary ballot application shall be entitled to a military ballot thereaft-
   24  er for each subsequent election through and including the next two regu-
   25  larly scheduled general elections held in even numbered years, including
   26  any  run-offs which may occur; provided, however, such application shall
   27  not be valid for any election held within seven days after its  receipt.
   28  Ballots  shall  also  be  mailed  to any qualified military voter who is
   29  already registered and who requests such military ballot from such board
   30  of elections in a letter, which is signed by the voter and  received  by
   31  the  board  of  elections  not  later  than  the  seventh day before the
   32  election for which the ballot is requested and which states the  address
   33  where  the voter is registered and the address to which the ballot is to
   34  be mailed. The board of elections shall enclose with such ballot a  form
   35  of  application  for military ballot. In the case of a primary election,
   36  the board shall deliver only the ballot of  the  party  with  which  the
   37  military  voter  is enrolled according to the military voter's registra-
   38  tion records. In the event a primary  election  is  uncontested  in  the
   39  military  voter's  election district for all offices or positions except
   40  the party position of member of the ward, town, city or  county  commit-
   41  tee,  no  ballot  shall  be  delivered  to  such military voter for such
   42  election; and the military voter shall be advised of the reason  why  he
   43  or she will not receive a ballot.
   44    S  12. Subdivision 4 of section 11-204 of the election law, as amended
   45  by chapter 4 of the laws of 2011, is amended to read as follows:
   46    4. If the board of elections shall determine that the applicant making
   47  the application provided for in this section is qualified to receive and
   48  vote a special federal ballot, it shall, as soon as practicable after it
   49  shall have so determined, or not later than [thirty-two] FORTY-FIVE days
   50  before each general or primary  [election  and  forty-five  days  before
   51  each]  OR special election in which such applicant is qualified to vote,
   52  or three days after receipt of such an application, whichever is  later,
   53  mail  to  him  or her at the residence address outside the United States
   54  shown in his or her application, a  special  federal  ballot,  an  inner
   55  affirmation envelope and an outer envelope, or otherwise distribute same
   56  to  the  voter  in  accordance with the preferred method of transmission
       S. 5959                             7
    1  designated by the voter pursuant to section 11-203 of  this  title.  The
    2  board  of  elections shall also mail, or otherwise distribute in accord-
    3  ance with the preferred method of transmission designated by  the  voter
    4  pursuant  to  section  11-203 of this title, a special federal ballot to
    5  every qualified special federal voter who is already registered and  who
    6  requests  such  special federal ballot from such board of elections in a
    7  letter, which is signed by the  voter  and  received  by  the  board  of
    8  elections  not  later than the seventh day before the election for which
    9  the ballot is first requested and which states  the  address  where  the
   10  voter is registered and the address to which the ballot is to be mailed.
   11  The board of elections shall enclose with such ballot a form of applica-
   12  tion for a special federal ballot.
   13    S  13.  Subdivisions 1 and 4 of section 42 of the public officers law,
   14  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
   15  sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
   16  read as follows:
   17    1.  A  vacancy occurring [before September twentieth of] NOT LESS THAN
   18  THREE MONTHS BEFORE THE NEXT GENERAL ELECTION IN any year in any  office
   19  authorized  to be filled at a general election, except in the offices of
   20  governor or lieutenant-governor, shall be filled at the general election
   21  held next thereafter, unless otherwise provided by the constitution,  or
   22  unless previously filled at a special election.
   23    4.  A  special  election  shall  not  be held to fill a vacancy in the
   24  office of a representative in congress unless such vacancy occurs on  or
   25  before  the first day of July of the last year of the term of office, or
   26  unless it occurs thereafter and a special session of congress is  called
   27  to meet before the next general election, or be called after [September]
   28  AUGUST  nineteenth  of such year; nor to fill a vacancy in the office of
   29  state senator or in the office of member of assembly, unless the vacancy
   30  occurs before the first day of April of the last year  of  the  term  of
   31  office, or unless the vacancy occurs in either such office of senator or
   32  member  of  assembly after such first day of April and a special session
   33  of the legislature be called to meet between such first day of April and
   34  the next general election or be called after  [September]  AUGUST  nine-
   35  teenth  in  such year. If a special election to fill an office shall not
   36  be held as required by law, the office  shall  be  filled  at  the  next
   37  general election.
   38    S 14. Notwithstanding any inconsistent provisions of the election law,
   39  a rule or resolution of a state committee providing for the selection of
   40  delegates  and  alternate  delegates  to  a national party convention or
   41  national party conference in the year 2016 shall select  either  section
   42  fifteen  or section sixteen of this act in order to conform to the rules
   43  of a national committee.  A certified copy of such  rule  or  resolution
   44  shall be filed with the state board of elections no later than the first
   45  day of November, 2015.
   46    S  15.  The election law is amended by adding a new section 2-122-a to
   47  read as follows:
   48    S 2-122-A. NATIONAL CONVENTION; NATIONAL PARTY  CONFERENCE.    1.  THE
   49  RULES  OF  THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT THE DELEGATES
   50  AND ALTERNATE DELEGATES TO  A  NATIONAL  CONVENTION  OR  NATIONAL  PARTY
   51  CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
   52    A.  BY  VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE OFFICE
   53  OF PRESIDENT OF THE UNITED STATES IN WHICH THE NAMES OF  CANDIDATES  FOR
   54  SUCH OFFICE APPEAR ON THE BALLOT;
       S. 5959                             8
    1    B.  BY  VOTES  CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE POSI-
    2  TIONS OF DELEGATE AND ALTERNATE DELEGATE TO  A  NATIONAL  CONVENTION  IN
    3  DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
    4    C.  BY  THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE AT A
    5  MEETING OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE  PARTY
    6  MAY PROVIDE.
    7    2.  IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
    8  PROVISIONS OF THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN  WHICH  THE
    9  OFFICE  OF  PRESIDENT OF THE UNITED STATES APPEARS ON THE BALLOT, DESIG-
   10  NATION OF CANDIDATES FOR SUCH OFFICE  SHALL  BE  MADE  PURSUANT  TO  THE
   11  PROVISIONS  OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH CANDIDATES
   12  NEED NOT BE CITIZENS OF  NEW  YORK  BUT  ONLY  CITIZENS  OF  THE  UNITED
   13  STATES),  6-130,  6-132  (EXCEPT  THAT REFERENCES TO A COMMITTEE TO FILL
   14  VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
   15  6-134, 6-144, THE PROVISIONS WITH RESPECT TO  DECLINATIONS  IN  SUBDIVI-
   16  SIONS  ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A COMMIT-
   17  TEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES  TO  A  COMMITTEE  TO
   18  RECEIVE  NOTICES),  6-154,  AND  SUBDIVISION  ONE AND THE PROVISION WITH
   19  RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
   20  SUCH CANDIDATES MAY DECLINE SUCH DESIGNATIONS NOT  LATER  THAN  FEBRUARY
   21  SIXTEENTH,  TWO  THOUSAND  SIXTEEN)  OF THIS CHAPTER. THE STATE BOARD OF
   22  ELECTIONS SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS  OF
   23  ELECTIONS OF ANY SUCH DECLINATION FILED.
   24    3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
   25  OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
   26  STATE  IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE THOU-
   27  SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   28    4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
   29  WHICH THE OFFICE OF THE PRESIDENT OF THE UNITED STATES  APPEARS  ON  THE
   30  BALLOT,  IN  ADDITION  TO THE SPACES ON THE BALLOT WITH THE NAMES OF THE
   31  CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
   32  "UNCOMMITTED".  THE "UNCOMMITTED" SPACE SHALL BE LISTED  ON  THE  BALLOT
   33  PROVIDED  THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE WHICH
   34  MEETS THE SAME REQUIREMENTS AS A PETITION DESIGNATING  A  CANDIDATE  FOR
   35  THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
   36  AS IS REQUIRED FOR SUCH A PETITION.
   37    5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
   38  LISTED  ON  THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE OF PRESIDENT
   39  OF THE UNITED STATES HELD PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION
   40  SHALL BE SUBSTANTIALLY AS FOLLOWS:
   41    I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF
   42  THE .................... PARTY  AND ENTITLED TO VOTE AT THE NEXT PRIMARY
   43  ELECTION   OF   SUCH   PARTY   TO   BE   HELD   ON   THE ...... DAY   OF
   44  ............... 20...,  THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO-
   45  SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN  "UNCOMMITTED"
   46  SPACE  BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR
   47  THE OFFICE OF PRESIDENT OF THE UNITED STATES.
   48    B. THE APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE  IN  THE
   49  FORM PRESCRIBED FOR A PETITION FOR AN OPPORTUNITY TO BALLOT.  THE SIGNA-
   50  TURES  ON  THE PETITION WITH ALL THE REQUIRED INFORMATION AND THE SIGNED
   51  STATEMENT OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO  TAKE
   52  OATHS  SHALL  BE  IN  THE FORM PRESCRIBED FOR A DESIGNATING PETITION FOR
   53  SUCH OFFICE.
   54    6. A. IF THE RULES OF A  STATE  COMMITTEE,  ADOPTED  PURSUANT  TO  THE
   55  PROVISIONS  OF  THIS SECTION, PROVIDE THAT THE POSITIONS OF DELEGATE AND
   56  ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
       S. 5959                             9
    1  NATION OF CANDIDATES FOR SUCH POSITIONS SHALL BE MADE  PURSUANT  TO  THE
    2  PROVISIONS  OF  SECTIONS  6-100, 6-118, 6-122, 6-130, 6-132 (EXCEPT THAT
    3  REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES
    4  TO  A  COMMITTEE  TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH
    5  RESPECT TO DECLINATIONS IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  6-146
    6  (EXCEPT  THAT    REFERENCES  TO  A  COMMITTEE TO FILL VACANCIES SHALL BE
    7  DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154,  AND
    8  SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
    9  VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
   10    B.  CANDIDATES  FOR  THE  POSITIONS OF DISTRICT DELEGATE AND ALTERNATE
   11  DISTRICT DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO  THE
   12  PROVISIONS  OF  THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH PARTY AND
   13  RESIDENTS OF THE DISTRICT IN WHICH THEY ARE CANDIDATES.    THE  CONGRES-
   14  SIONAL  DISTRICTS  USED FOR THE ELECTION OF SUCH DELEGATES AND ALTERNATE
   15  DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND  FOUR-
   16  TEEN CONGRESSIONAL ELECTIONS.
   17    C.  DESIGNATING  PETITIONS  FOR  CANDIDATES FOR SUCH POSITIONS MUST BE
   18  SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN
   19  THE DISTRICT IN WHICH SUCH CANDIDATES ARE DESIGNATED,  OR  BY  AT  LEAST
   20  ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY
   21  IN SUCH DISTRICT, WHICHEVER IS LESS. SUCH PETITION SIGNATURE REQUIREMENT
   22  SHALL  BE  COMPUTED USING THE OFFICIAL APRIL FIRST, TWO THOUSAND FIFTEEN
   23  ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
   24    D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL
   25  HAVE PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO,  A
   26  LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  SUCH  CANDIDATES ARE
   27  PLEDGED TO SUPPORT, OR A LEGEND THAT SUCH  CANDIDATES  ARE  UNCOMMITTED.
   28  SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION.
   29    E.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
   30  CANDIDATE FOR EITHER SUCH POSITION SHALL BE VALID  UNDER  THIS  SECTION,
   31  FOR  PURPOSES  OF  DELEGATES  AND  ALTERNATE  DELEGATES, UNLESS ALL SUCH
   32  CANDIDATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION  THE  LEGEND
   33  THAT  THEY  ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR UNLESS ALL
   34  SUCH CANDIDATES FOR SUCH POSITIONS HAVE PRINTED  ON  SUCH  PETITION  THE
   35  LEGEND THAT THEY ARE UNCOMMITTED.
   36    F.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
   37  CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY  VALID  UNLESS
   38  THE  CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE
   39  AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH  A  VARI-
   40  ANCE NO GREATER THAN ONE.
   41    G.  IN  THE  EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES
   42  FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE
   43  OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE,  OR  THE
   44  WORD  UNCOMMITTED,  WILL  NOT  APPEAR  ON THE BALLOT AT THE PRESIDENTIAL
   45  PRIMARY ELECTION IN TWO THOUSAND SIXTEEN, THEN THE PETITION  DESIGNATING
   46  SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
   47  OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
   48    H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
   49  PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
   50  DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
   51  BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
   52  COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
   53  TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
   54  CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
   55  PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
   56  ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
       S. 5959                            10
    1  TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
    2  SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
    3  ELECTIONS BY ELECTRONIC TRANSMISSION.
    4    7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
    5  PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
    6  TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
    7  PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
    8  TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
    9  CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
   10  HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
   11  OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
   12  IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
   13  PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
   14  DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH  SUCH
   15  CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH
   16  SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
   17    B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
   18  COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
   19  PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
   20  FILED, NOT LATER THAN FEBRUARY TWENTY-THIRD, TWO THOUSAND SIXTEEN.
   21    C.  IN  THE  EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH
   22  POSITIONS, LISTED  AS  PLEDGED  TO  SUPPORT  A  PRESIDENTIAL  CANDIDATE,
   23  CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY
   24  SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU-
   25  ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES
   26  SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH
   27  PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR
   28  ON  THE  BALLOT  SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI-
   29  DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID.
   30    D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF  THE  CERTIFICATE
   31  REQUIRED  BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE
   32  COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE  PROVISIONS
   33  OF  THIS SECTION NOT LATER THAN MARCH THIRD, TWO THOUSAND SIXTEEN. EVERY
   34  OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS  FOR  DELEGATE
   35  AND  ALTERNATE  DELEGATE  WERE  FILED PURSUANT TO THE PROVISIONS OF THIS
   36  SECTION SHALL, NOT LATER THAN MARCH FOURTH, TWO THOUSAND SIXTEEN, SEND A
   37  LIST OF THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO WILL  APPEAR  ON
   38  THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.
   39    8.  A.  IF  THE  RULES  OF  A  STATE COMMITTEE ADOPTED PURSUANT TO THE
   40  PROVISIONS OF THIS SECTION PROVIDE FOR AN ELECTION IN  WHICH  CANDIDATES
   41  FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT-
   42  TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE
   43  TO  A  NATIONAL  CONVENTION  APPEAR  ON THE BALLOT, SUCH BALLOT SHALL BE
   44  ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION.
   45    B. THE NAME OF EACH CANDIDATE FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
   46  UNITED  STATES  WHO  HAS  QUALIFIED TO APPEAR ON THE BALLOT AND THE WORD
   47  "UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE
   48  BALLOT WAS FILED WITH THE STATE BOARD OF ELECTIONS, SHALL  APPEAR  IN  A
   49  SEPARATE  ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE TO
   50  A NATIONAL CONVENTION  WHO  FILED  DESIGNATING  PETITIONS  CONTAINING  A
   51  LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE PLEDGED TO
   52  SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW
   53  OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL
   54  CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI-
   55  DATES  FOR  ALTERNATE  DELEGATE  TO  SUCH  CONVENTION  WHO  FILED   SUCH
   56  PETITIONS.  IF  THE  NUMBER  OF  CANDIDATES, OR GROUPS OF CANDIDATES FOR
       S. 5959                            11
    1  DELEGATE AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A  PARTICULAR
    2  PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER
    3  WHO  MAY  BE  LISTED  IN ONE ROW OR COLUMN AND IF THERE ARE MORE ROWS OR
    4  COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR
    5  PRESIDENT  WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD OF
    6  ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES
    7  OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE.
    8    C. THE ORDER OF THE NAMES OF CANDIDATES FOR THE  OFFICE  OF  PRESIDENT
    9  AND  THE  WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE NAMES OF
   10  CANDIDATES FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN  A
   11  PARTICULAR  ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE PROVISIONS
   12  OF SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT  NAMES
   13  OF  CANDIDATES  FOR  SUCH  POSITIONS  WHO  ARE  DESIGNATED BY INDIVIDUAL
   14  PETITIONS AND NOT IN A GROUP SHALL HAVE THEIR  POSITIONS  DETERMINED  BY
   15  LOT  IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES OR
   16  GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY
   17  THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH
   18  DETERMINATION BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH  SECTION
   19  7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT
   20  TO THE PROVISIONS OF THIS SECTION.
   21    D.  IMMEDIATELY  FOLLOWING THE NAME OF EACH CANDIDATE FOR DELEGATE AND
   22  ALTERNATE DELEGATE ON THE  BALLOT  SHALL  APPEAR,  IN  PARENTHESIS,  THE
   23  LETTER  (M)  IF SUCH CANDIDATE IS MALE AND THE LETTER (F) IF SUCH CANDI-
   24  DATE IS FEMALE.
   25    9. ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF  THIS
   26  SECTION SHALL USE ONLY VOTING SYSTEMS AUTHORIZED BY TITLE TWO OF ARTICLE
   27  SEVEN OF THIS CHAPTER.
   28    10.  PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS CHAP-
   29  TER SHALL BE ENTITLED TO SIGN DESIGNATING PETITIONS FOR,  AND  VOTE  IN,
   30  ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION.
   31    11.  IF  THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION
   32  IN WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE  POSITIONS
   33  OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON
   34  THE BALLOT PURSUANT TO THE PROVISIONS OF THIS SECTION, THE  STATE  BOARD
   35  OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL
   36  CANVASS  THE  RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE AND POSI-
   37  TIONS PURSUANT TO THE PROVISIONS OF SECTIONS 9-200  AND  9-202  OF  THIS
   38  CHAPTER,  AND  SHALL  CERTIFY TO THE SECRETARY OF THE STATE COMMITTEE OF
   39  SUCH PARTY THE VOTES CAST FOR EACH CANDIDATE FOR SUCH OFFICE  AND  POSI-
   40  TIONS  IN SUCH PRIMARY ELECTION AND THE VOTES CAST FOR THE "UNCOMMITTED"
   41  PREFERENCE, TALLIED SEPARATELY BY CONGRESSIONAL DISTRICTS,  EXCEPT  THAT
   42  NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED
   43  OR ELECTED TO ANY SUCH OFFICE OR POSITION.
   44    12.  EXCEPT  AS  PROVIDED  IN  THIS  SECTION AND PARTY RULES AND REGU-
   45  LATIONS, ALL PROVISIONS OF THE ELECTION LAW, EXCEPT  ANY  PROVISIONS  OF
   46  SECTION  2-122  OF THIS ARTICLE WHICH ARE INCONSISTENT WITH THIS SECTION
   47  AND THOSE SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS  CHAPTER  NOT
   48  SPECIFIED  IN  THIS SECTION, SHALL APPLY TO ELECTIONS CONDUCTED PURSUANT
   49  TO THIS SECTION.
   50    S 16. The election law is amended by adding a new section  2-122-b  to
   51  read as follows:
   52    S  2-122-B.  PRESIDENTIAL  PRIMARY. 1. APPLICABILITY. THE SELECTION OF
   53  DELEGATES AND ALTERNATE DELEGATES FROM NEW YORK STATE  TO  THE  NATIONAL
   54  CONVENTION  OF  THE  REPUBLICAN  PARTY IN EACH YEAR IN WHICH ELECTORS OF
   55  PRESIDENT AND VICE-PRESIDENT OF THE UNITED  STATES  ARE  TO  BE  ELECTED
   56  SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
       S. 5959                            12
    1  COMMITTEE  OF  ANY OTHER POLITICAL PARTY MAY, BY RULE OR RESOLUTION, OPT
    2  TO CONDUCT THE SELECTION OF DELEGATES AND  ALTERNATE  DELEGATES  IN  ANY
    3  SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
    4  COPY  OF  SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE BOARD OF
    5  ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
    6    2. GENERAL PROVISIONS. THE AWARDING OF DELEGATES AND ALTERNATE  DELEG-
    7  ATES  TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY PURSU-
    8  ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
    9  PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
   10  UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
   11  THE  BALLOT  AND  THE  NAMES OF DELEGATES AND ALTERNATE DELEGATES DO NOT
   12  APPEAR ON SUCH BALLOT.   THE TOTAL NUMBER  OF  DELEGATES  AND  ALTERNATE
   13  DELEGATES  SHALL  BE DETERMINED BY THE CALL FOR THE NATIONAL CONVENTION.
   14  THREE DELEGATES AND THREE ALTERNATE  DELEGATES  SHALL  BE  AWARDED  FROM
   15  EVERY  CONGRESSIONAL  DISTRICT  IN  THE  STATE,  UNLESS THE RULES OF THE
   16  NATIONAL REPUBLICAN PARTY AND/OR THE CALL FOR  THE  NATIONAL  CONVENTION
   17  PROVIDE DIFFERENTLY.  THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEG-
   18  ATES  AS  ESTABLISHED  BY THE CALL FOR THE NATIONAL CONVENTION MINUS THE
   19  NUMBER OF DELEGATES AND ALTERNATE  DELEGATES  TO  BE  AWARDED  FROM  THE
   20  CONGRESSIONAL  DISTRICTS  SHALL  BE  DESIGNATED  AT-LARGE  DELEGATES AND
   21  AT-LARGE ALTERNATE DELEGATES.
   22    A POLITICAL PARTY SHALL CERTIFY TO THE STATE BOARD  OF  ELECTIONS,  AT
   23  LEAST  TWELVE  WEEKS  PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THE
   24  NUMBER OF DELEGATES TO WHICH SUCH PARTY  IS  ENTITLED  PURSUANT  TO  ITS
   25  RULES.
   26    CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES SHALL BE
   27  AWARDED  BASED  UPON  THE  RESULTS  OF  SEPARATE  AND  DISTINCT  PRIMARY
   28  ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRES-
   29  SIONAL  DISTRICT  DELEGATES  AND ALTERNATE DELEGATES SHALL BE AWARDED TO
   30  PRESIDENTIAL CANDIDATES PURSUANT TO PARAGRAPH B OF SUBDIVISION  FOUR  OF
   31  THIS  SECTION AND ELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF
   32  THIS SECTION.  AT-LARGE  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
   33  ELECTED  BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL CANDIDATES
   34  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   35    3. BALLOT ACCESS METHODS. CANDIDATES SHALL BE ELIGIBLE  TO  APPEAR  ON
   36  THE  BALLOT IN A PRIMARY ELECTION OF A POLITICAL PARTY FOR THE OFFICE OF
   37  PRESIDENT OF  THE  UNITED  STATES  PURSUANT  TO  ANY  OF  THE  FOLLOWING
   38  PROVISIONS:
   39    A.  ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE PRESI-
   40  DENTIAL PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF  11
   41  CODE  OF  FEDERAL  REGULATIONS PART 9033, OR ANY CANDIDATE WHO MEETS THE
   42  ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11
   43  CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH
   44  CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST,
   45  BY CERTIFICATE FILED AND RECEIVED BY THE STATE  BOARD  OF  ELECTIONS  NO
   46  SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE
   47  OF  THE  PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE APPEAR ON
   48  THE BALLOT AT THE PRIMARY OF SUCH PARTY IN THE STATE  OF  NEW  YORK  FOR
   49  THAT YEAR.
   50    B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE
   51  STATE  BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER THAN
   52  NINE WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE  NAME
   53  OF  SUCH  CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH PARTY IN
   54  THE STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE UNITED  STATES.
   55  SUCH  CANDIDATE  SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT OF SUCH PARTY
   56  IN THE STATE OF NEW YORK AT THE PRIMARY ELECTION FOR THAT  YEAR  IF  THE
       S. 5959                            13
    1  STATE  BOARD  OF  ELECTIONS  DETERMINES  THAT THE PERSON IS A NATIONALLY
    2  KNOWN AND RECOGNIZED CANDIDATE AND THE CANDIDACY OF SUCH PERSON FOR  THE
    3  PARTY  NOMINATION  FOR PRESIDENT IS GENERALLY AND SERIOUSLY ADVOCATED OR
    4  RECOGNIZED  ACCORDING  TO  REPORTS  IN THE NATIONAL OR STATE NEWS MEDIA.
    5  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW  TO  THE  CONTRARY,  A
    6  REQUEST BY A CANDIDATE TO APPEAR ON THE PRESIDENTIAL PRIMARY BALLOT OF A
    7  MAJOR  POLITICAL PARTY SHALL BE DETERMINED SOLELY UPON A JOINT RECOMMEN-
    8  DATION BY THE COMMISSIONERS OF THE STATE BOARD  OF  ELECTIONS  WHO  HAVE
    9  BEEN  APPOINTED  ON  THE  RECOMMENDATION  OF SUCH POLITICAL PARTY OR THE
   10  LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY, AND NO  OTHER  COMMISSIONER
   11  OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION.
   12  THE  STATE  BOARD  OF ELECTIONS SHALL ACT UPON ANY SUCH REQUEST NO LATER
   13  THAN FIFTY-FIVE DAYS BEFORE THE PRESIDENTIAL PRIMARY.
   14    C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO
   15  THE PROVISIONS OF ARTICLE SIX OF  THIS  CHAPTER.  DESIGNATING  PETITIONS
   16  SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV-
   17  ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   18    D.    PRESIDENTIAL  CANDIDATES  DETERMINED  ELIGIBLE  TO APPEAR ON THE
   19  PRIMARY BALLOT MAY HAVE THEIR NAME REMOVED FROM SUCH PRIMARY  BALLOT  BY
   20  FILING  A  CERTIFICATE WITH THE STATE BOARD OF ELECTIONS AND RECEIVED NO
   21  LATER THAN TWENTY-EIGHT DAYS BEFORE SUCH PRIMARY  ELECTION.  AFTER  SUCH
   22  DATE  BUT  BEFORE  THE  DATE OF THE PRIMARY, PRESIDENTIAL CANDIDATES MAY
   23  FILE A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS  DEEMING  ANY  VOTE
   24  FOR SUCH PRESIDENTIAL CANDIDATE TO BE A VOID VOTE.
   25    4.  ELECTION  OF  DELEGATES AND ALTERNATE DELEGATES FROM CONGRESSIONAL
   26  DISTRICTS. A. EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A  SEPARATE  AND
   27  DISTINCT  PRIMARY  ELECTION.  ENROLLED REPUBLICAN VOTERS FROM A CONGRES-
   28  SIONAL DISTRICT SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO  HAS  QUALI-
   29  FIED  FOR  THE  PRIMARY  BALLOT  PURSUANT  TO  SUBDIVISION THREE OF THIS
   30  SECTION.
   31    B. ALL THREE DELEGATES  AND  ALL  THREE  ALTERNATE  DELEGATES  FROM  A
   32  CONGRESSIONAL  DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO
   33  RECEIVES A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL  CANDIDATES
   34  IN  SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES A
   35  MAJORITY OF THE VOTES IN  A  CONGRESSIONAL  DISTRICT,  THE  PRESIDENTIAL
   36  CANDIDATE  RECEIVING  THE MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL
   37  BE AWARDED TWO DELEGATES AND TWO ALTERNATE DELEGATES AND  THE  PRESIDEN-
   38  TIAL  CANDIDATE  WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL
   39  DISTRICT SHALL BE AWARDED  ONE  DELEGATE  AND  ONE  ALTERNATE  DELEGATE,
   40  PROVIDED  HOWEVER,  THAT  A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST
   41  TWENTY PERCENT OF THE TOTAL VOTES CAST FOR  PRESIDENTIAL  CANDIDATES  IN
   42  THE  CONGRESSIONAL  DISTRICT  IN  ORDER  TO BE AWARDED ANY DELEGATES AND
   43  ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI-
   44  DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE  OF  THE  TOTAL  VOTES
   45  CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES-
   46  IDENTIAL  CANDIDATE  SHALL  BE AWARDED ALL THREE DELEGATES AND ALL THREE
   47  ALTERNATE DELEGATES.   IF  NO  PRESIDENTIAL  CANDIDATE  RECEIVES  TWENTY
   48  PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
   49  CONGRESSIONAL  DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE
   50  POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED  PURSUANT
   51  TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
   52    C.  ALL CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL
   53  BE ELECTED BY THE MEMBERS OF THE NEW  YORK  REPUBLICAN  STATE  COMMITTEE
   54  REPRESENTING  EACH  SUCH CONGRESSIONAL DISTRICT AND AWARDED TO PRESIDEN-
   55  TIAL CANDIDATES  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION.  THE
   56  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
       S. 5959                            14
    1  ELECTED BY THE MEMBERS  OF  THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE
    2  REPRESENTING  EACH SUCH CONGRESSIONAL DISTRICT AT MEETINGS CALLED BY THE
    3  STATE CHAIRMAN AND SCHEDULED IN COMPLIANCE WITH RULE 20 OF THE RULES  OF
    4  THE  REPUBLICAN  PARTY  (NATIONAL)  BUT,  IF  PRACTICABLE, FOLLOWING THE
    5  CERTIFICATION OF THE RESULTS OF THE PRESIDENTIAL PRIMARY BY THE NEW YORK
    6  STATE BOARD OF ELECTIONS. THE NOTICES OF CALL ISSUED BY THE STATE CHAIR-
    7  MAN SHALL DESIGNATE NEW YORK REPUBLICAN STATE COMMITTEE MEMBERS TO SERVE
    8  AS CHAIRS AND SECRETARIES OF THE  CONGRESSIONAL  DISTRICT  MEETINGS.  AT
    9  THESE  CONGRESSIONAL  DISTRICT  MEETINGS,  THE  MEMBERS  OF THE NEW YORK
   10  REPUBLICAN STATE COMMITTEE SHALL EACH CAST VOTES EQUAL TO THE REPUBLICAN
   11  ENROLLMENT FOR THEIR UNIT OF REPRESENTATION THAT IS WITHIN THE  CONGRES-
   12  SIONAL  DISTRICT.  VOTING BY PROXY AT THE CONGRESSIONAL DISTRICT MEETING
   13  SHALL BE VALID. THE CHAIR AND SECRETARY OF EACH  CONGRESSIONAL  DISTRICT
   14  MEETING  SHALL  FILE  A  CERTIFICATE  WITH  THE  NEW YORK STATE BOARD OF
   15  ELECTIONS STATING THE NAMES AND ADDRESSES OF THE INDIVIDUALS ELECTED  AS
   16  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE DELEGATES WITHIN FIVE
   17  DAYS OF THE MEETING.
   18    5. ELECTION OF AT LARGE DELEGATES AND AT  LARGE  ALTERNATE  DELEGATES.
   19  AT-LARGE  DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED BY
   20  THE NEW YORK REPUBLICAN STATE  COMMITTEE  AND  AWARDED  TO  PRESIDENTIAL
   21  CANDIDATES  BASED  UPON  THE  STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL
   22  PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE  ALTERNATE  DELEG-
   23  ATES SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI-
   24  TY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES.  IF NO
   25  PRESIDENTIAL  CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL VOTES
   26  CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND AT-LARGE ALTER-
   27  NATE DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED  ON  THE
   28  RATIO  OF  THE TOTAL STATEWIDE VOTE RECEIVED BY EACH PRESIDENTIAL CANDI-
   29  DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI-
   30  DATES RECEIVING AT LEAST TWENTY PERCENT OF THE  STATEWIDE  VOTE  IN  THE
   31  PRESIDENTIAL  PRIMARY  ELECTION, THE NEW YORK REPUBLICAN STATE COMMITTEE
   32  SHALL APPORTION PRO-RATA THE NUMBER OF AT-LARGE DELEGATES  AND  AT-LARGE
   33  ALTERNATE  DELEGATES  THAT  EACH  PRESIDENTIAL  CANDIDATE IS ENTITLED TO
   34  RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED  HOWEVER,  THAT  A
   35  PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL
   36  STATEWIDE  VOTE  OF  THE  PRESIDENTIAL  PRIMARY  ELECTION IN ORDER TO BE
   37  AWARDED ANY AT-LARGE DELEGATES BY THE NEW YORK REPUBLICAN STATE  COMMIT-
   38  TEE.  IN THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES ONE OR
   39  MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL  DISTRIBUTION,  THEN
   40  ANY  SUCH  DELEGATE  OR  DELEGATES, SHALL BE AWARDED TO THE PRESIDENTIAL
   41  CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES.
   42  IN THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES  BY
   43  PROCESS  OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE AUTHOR-
   44  IZED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY AND THE CALL
   45  FOR THE NATIONAL CONVENTION, THEN THE NUMBER OF  DELEGATES  AWARDED  FOR
   46  THE  CANDIDATE RECEIVING THE LEAST STATEWIDE VOTES AMONG THOSE PRESIDEN-
   47  TIAL CANDIDATES OTHERWISE ENTITLED TO BE  AWARDED  DELEGATES,  SHALL  BE
   48  DECREASED TO THE EXTENT NECESSARY TO CONFORM TO THE NUMBER OF AUTHORIZED
   49  DELEGATE POSITIONS.
   50    6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS
   51  SECTION  SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT TO
   52  THIS SECTION.
   53    S 17. Section 6-158 of the election law is amended  by  adding  a  new
   54  subdivision 1-a to read as follows:
       S. 5959                            15
    1    1-A.  A DESIGNATING PETITION FOR A PRESIDENTIAL PRIMARY ELECTION SHALL
    2  BE FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER  THAN
    3  THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
    4    S  18.  Subdivision 6 of section 6-158 of the election law, as amended
    5  by chapter 79 of the laws of 1992, is amended to read as follows:
    6    6. A certificate of a party nomination made other than at the  primary
    7  election  for  an  office to be filled at the time of a general election
    8  shall be filed not later than seven days  after  the  [fall]  LOCAL  AND
    9  FEDERAL primary election, except that a certificate of nomination for an
   10  office which becomes vacant after the seventh day preceding such primary
   11  election  shall be filed not later than fourteen days after the creation
   12  of such vacancy and except, further, that a certificate of  party  nomi-
   13  nation  of candidates for elector of president and vice-president of the
   14  United States shall be filed not later than  [fourteen  days  after  the
   15  fall primary election] SIXTY DAYS BEFORE THE TWO THOUSAND SIXTEEN GENER-
   16  AL  ELECTION, and except still further that a certificate of party nomi-
   17  nation made at a judicial district convention shall be filed  not  later
   18  than  the day after the last day to hold such convention and the minutes
   19  of such convention, duly certified by the chairman and secretary,  shall
   20  be filed within seventy-two hours after adjournment of the convention. A
   21  certificate  of party nomination for an office to be filled at a special
   22  election shall be filed not later than ten days following  the  issuance
   23  of a proclamation of such election.
   24    S  19. Section 4-110 of the election law, as amended by chapter 434 of
   25  the laws of 1984, is amended to read as follows:
   26    S 4-110. Certification of primary election candidates; state board  of
   27  elections.   The state board of elections not later than thirty-six days
   28  before a primary election  OR  FIFTY-FOUR  DAYS  BEFORE  A  PRESIDENTIAL
   29  PRIMARY  ELECTION,  shall certify to each county board of elections: The
   30  name and residence of each candidate to be voted for  within  the  poli-
   31  tical  subdivision  of  such board for whom a designation has been filed
   32  with the state board; the title of the office or position for which  the
   33  candidate is designated; the name of the party upon whose primary ballot
   34  his name is to be placed; and the order in which the names of the candi-
   35  dates  are  to  be  printed  as determined by the state board.  Where an
   36  office or position is uncontested, such certification shall  state  such
   37  fact.
   38    S  20.  Section  4-114 of the election law, as amended by chapter 4 of
   39  the laws of 2011, is amended to read as follows:
   40    S 4-114. Determination of candidates and questions;  county  board  of
   41  elections.  The  county  board  of elections, not later than the thirty-
   42  fifth day before the day of  a  primary  or  general  election,  or  the
   43  fifty-third  day  before  a  special  election  OR  PRESIDENTIAL PRIMARY
   44  ELECTION, shall determine  the  candidates  duly  nominated  for  public
   45  office  and  the  questions  that  shall appear on the ballot within the
   46  jurisdiction of that board of elections.
   47    S 21. Paragraph (a) of subdivision 1 of section 10-108 of the election
   48  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
   49  follows:
   50    (a)  Ballots for military voters shall be mailed or otherwise distrib-
   51  uted by the board of elections, in accordance with the preferred  method
   52  of  transmission  designated  by the voter pursuant to section 10-107 of
   53  this article, as soon as practicable but in any  event  not  later  than
   54  thirty-two  days  before a primary or general election; twenty-five days
   55  before a New York city  community  school  board  district  or  city  of
   56  Buffalo  school  district  election;  fourteen  days  before  a  village
       S. 5959                            16
    1  election conducted by the board of elections; and forty-five days before
    2  a special election OR PRESIDENTIAL PRIMARY ELECTION. A voter who submits
    3  a military ballot application shall be entitled  to  a  military  ballot
    4  thereafter  for  each subsequent election through and including the next
    5  two regularly scheduled general elections held in even  numbered  years,
    6  including any run-offs which may occur; provided, however, such applica-
    7  tion  shall  not  be valid for any election held within seven days after
    8  its receipt. Ballots shall also be  mailed  to  any  qualified  military
    9  voter  who  is  already registered and who requests such military ballot
   10  from such board of elections in a letter, which is signed by  the  voter
   11  and  received  by  the board of elections not later than the seventh day
   12  before the election for which the ballot is requested and  which  states
   13  the  address  where the voter is registered and the address to which the
   14  ballot is to be mailed. The board of elections shall enclose  with  such
   15  ballot  a  form  of  application  for  military ballot. In the case of a
   16  primary election, the board shall deliver only the ballot of  the  party
   17  with  which  the  military  voter  is enrolled according to the military
   18  voter's registration records. In the event a primary election is  uncon-
   19  tested  in  the  military  voter's  election district for all offices or
   20  positions except the party position of member of the ward, town, city or
   21  county committee, no ballot shall be delivered to  such  military  voter
   22  for such election; and the military voter shall be advised of the reason
   23  why he or she will not receive a ballot.
   24    S  22. Subdivision 4 of section 11-204 of the election law, as amended
   25  by chapter 4 of the laws of 2011, is amended to read as follows:
   26    4. If the board of elections shall determine that the applicant making
   27  the application provided for in this section is qualified to receive and
   28  vote a special federal ballot, it shall, as soon as practicable after it
   29  shall have so determined, or not later than thirty-two days before  each
   30  general  or  primary  election  and  forty-five days before each special
   31  election OR PRESIDENTIAL PRIMARY ELECTION in  which  such  applicant  is
   32  qualified  to  vote, or three days after receipt of such an application,
   33  whichever is later, mail to him or her at the residence address  outside
   34  the  United  States  shown  in his or her application, a special federal
   35  ballot, an inner affirmation envelope and an outer envelope,  or  other-
   36  wise distribute same to the voter in accordance with the preferred meth-
   37  od of transmission designated by the voter pursuant to section 11-203 of
   38  this  title.  The  board  of  elections  shall  also  mail, or otherwise
   39  distribute in accordance  with  the  preferred  method  of  transmission
   40  designated  by  the  voter  pursuant  to section 11-203 of this title, a
   41  special federal ballot to every qualified special federal voter  who  is
   42  already  registered  and  who  requests such special federal ballot from
   43  such board of elections in a letter, which is signed by  the  voter  and
   44  received by the board of elections not later than the seventh day before
   45  the  election  for  which the ballot is first requested and which states
   46  the address where the voter is registered and the address to  which  the
   47  ballot  is to be mailed.  The board of elections shall enclose with such
   48  ballot a form of application for a special federal ballot.
   49    S 23. Section 1-106 of the election law is amended  by  adding  a  new
   50  subdivision 1-a to read as follows:
   51    1-A.  THE FILING BY MAIL PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
   52  SHALL NOT APPLY TO THE PRESIDENTIAL PRIMARY. FOR SUCH PRIMARY FILINGS OF
   53  CERTIFICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
   54  ACCEPTANCE OR DECLINATION OF SUCH DESIGNATIONS AND NOMINATIONS,  CERTIF-
   55  ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS, CERTIFICATES OF DISQUALI-
   56  FICATION,  CERTIFICATES  OF  SUBSTITUTION FOR SUCH DESIGNATIONS OR NOMI-
       S. 5959                            17
    1  NATIONS, AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS TO CERTIFICATES
    2  AND PETITIONS REQUIRED TO BE FILED WITH THE STATE BOARD OF ELECTIONS  OR
    3  A  BOARD  OF  ELECTIONS  OUTSIDE OF THE CITY OF NEW YORK SHALL BE DEEMED
    4  TIMELY  FILED  BY  MAIL  AND ACCEPTED FOR FILING IF (I) SENT BY MAIL, OR
    5  OVERNIGHT DELIVERY SERVICE AS DEFINED BY PARAGRAPH  SIX  OF  SUBDIVISION
    6  (B)  OF  RULE  TWENTY-ONE  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND
    7  RULES, IN AN ENVELOPE POSTMARKED OR SHOWING  RECEIPT  BY  THE  OVERNIGHT
    8  DELIVERY  SERVICE, PRIOR TO MIDNIGHT OF THE LAST DAY OF FILING, AND (II)
    9  IF RECEIVED NO LATER THAN ONE BUSINESS DAY AFTER THE LAST  DAY  TO  FILE
   10  SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICATIONS.
   11    S  24.  Subdivision 22 of section 1-104 of the election law is amended
   12  to read as follows:
   13    22. The term "residence" shall be deemed to mean that  place  where  a
   14  person  IS  DOMICILED UNDER THE TERMS OF THE NEW YORK STATE TAX LAW, AND
   15  WHERE HE OR SHE maintains a fixed, permanent and principal home [and] to
   16  which he OR SHE, wherever temporarily located, always intends to return.
   17    S 25. Subdivisions 3 and 6 of section 16-108 of the election  law  are
   18  amended and a new subdivision 3-a is added to read as follows:
   19    3.  Such  court,  in  a  proceeding instituted by any voter unlawfully
   20  denied the right to vote by the inspectors, shall, by order, direct that
   21  he OR SHE be allowed to vote at his OR HER polling place and within  the
   22  hours established by law.  Such order shall, where necessary, direct the
   23  board  of  elections to complete the voter's registration and enrollment
   24  records.
   25    3-A. SUCH COURT IN A PROCEEDING BY ANY  VOTER  CHALLENGING  A  VOTER'S
   26  REGISTRATION,  OR  BY  A CANDIDATE CHALLENGING A VOTER'S REGISTRATION IN
   27  THE COURSE OF A PROCEEDING PURSUANT TO THE TERMS OF THIS CHAPTER REVIEW-
   28  ING THE CANVASS OR RECANVASS OF VOTES IN ANY ELECTION,  SHALL  DETERMINE
   29  THE  VALIDITY  OF THE RESIDENCE CLAIMED BY ANY SUCH CHALLENGED VOTER WHO
   30  HAS REGISTERED WITH A LOCAL BOARD OF ELECTIONS.
   31    6. For each primary,  special  and  general  election,  the  presiding
   32  justice  of  the appellate division of the first [and], second [judicial
   33  department shall, and the presiding justice of the appellate division of
   34  the], third, and fourth judicial departments [may] SHALL assign  one  or
   35  more  justices  of the supreme court to sit at such offices of the board
   36  of elections and such other locations as may be designated to  hear  and
   37  determine  all  cases arising under this chapter relating to eligibility
   38  for voting of such election.
   39    S 26. Separability.  If any sentence, clause, subparagraph, paragraph,
   40  subdivision, section or other part of this act, or the application ther-
   41  eof to any party, person or circumstances shall be held or  adjudged  by
   42  any court of competent jurisdiction to be invalid, such holding or judg-
   43  ment shall not affect, impair or invalidate the remainder or any portion
   44  of the remainder of this act, or the application of such section or part
   45  of  a  section  held  or  adjudged to be invalid, to any other person or
   46  circumstances, but shall be confined in its operation to  the  sentence,
   47  clause,  subparagraph,  paragraph, subdivision, section or other part of
   48  this act directly involved in the controversy in which such  holding  or
   49  judgment  shall  have been rendered, or to the party, person and circum-
   50  stances therein involved.
   51    S 27. This act shall take effect immediately;  provided,  however,  if
   52  this act shall become law after July 1, 2015, it shall take effect imme-
   53  diately and shall be deemed to have been in full force and effect on and
   54  after  July  1, 2015; provided further that sections eighteen, nineteen,
   55  twenty, twenty-one, twenty-two and twenty-three of this act  shall  take
   56  effect  December  15,  2015; and provided further, this act shall expire
       S. 5959                            18
    1  December 31, 2016 when upon such date the provisions of this  act  shall
    2  be deemed repealed.