S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8256
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 15, 2015
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Election Law
       AN  ACT  to amend the election law, in relation to the conducting of the
         presidential primary, to provide for the election of  delegates  to  a
         national  party convention or a national party conference in 2016, and
         the "Spring" and "Fall" 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 expiration there-
         of
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1  of  section  8-100  of  the
    2  election  law,  as amended by chapter 17 of the laws of 2007, is amended
    3  to read as follows:
    4    (a) A primary election, to be known as the fall primary, shall be held
    5  on the first Tuesday after the second Monday in September  before  every
    6  general  election unless otherwise changed by an act of the legislature.
    7  MEMBERS OF STATE AND COUNTY COMMITTEES AND ASSEMBLY DISTRICT LEADERS AND
    8  ASSOCIATE ASSEMBLY DISTRICT LEADERS AND ALL OTHER PARTY POSITIONS TO  BE
    9  ELECTED  SHALL  BE  ELECTED  AT THE FALL PRIMARY AND ALL NOMINATIONS FOR
   10  STATE AND LOCAL PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
   11  IN SUCH YEAR SHALL BE MADE AT THE FALL PRIMARY, EXCEPT A VILLAGE PRIMARY
   12  PURSUANT  TO  EITHER ARTICLE FIFTEEN OR TITLE TWO OF ARTICLE SIX OF THIS
   13  CHAPTER. In [each] THE year TWO THOUSAND SIXTEEN in  which  electors  of
   14  president  and vice president of the United States are to be elected, an
   15  additional primary election, to be known as the spring primary, shall be
   16  held on [the first Tuesday in February] APRIL TWENTY-SIXTH, TWO THOUSAND
   17  SIXTEEN, unless otherwise changed by an act of the legislature, for  the
   18  purpose  of  MAKING ALL PARTY NOMINATIONS FOR FEDERAL OFFICE REQUIRED TO
   19  BE MADE AT A PRIMARY  ELECTION  AND  electing  delegates  AND  ALTERNATE
   20  DELEGATES  to  the  national  convention[,  members  of state and county
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11690-01-5
       A. 8256                             2
    1  committees and assembly district leaders and associate assembly district
    2  leaders].
    3    S  2. Notwithstanding any inconsistent provisions of the election law,
    4  a rule or resolution of a state committee providing for the selection of
    5  delegates and alternate delegates to  a  national  party  convention  or
    6  national  party  conference in the year 2016 shall select either section
    7  three or section four of this act in order to conform to the rules of  a
    8  national  committee.   A certified copy of such rule or resolution shall
    9  be filed with the state board of elections no later than the  first  day
   10  of November, 2015.
   11    S  3.  The  election law is amended by adding a new section 2-122-a to
   12  read as follows:
   13    S 2-122-A. NATIONAL CONVENTION; NATIONAL PARTY  CONFERENCE.    1.  THE
   14  RULES  OF  THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT THE DELEGATES
   15  AND ALTERNATE DELEGATES TO  A  NATIONAL  CONVENTION  OR  NATIONAL  PARTY
   16  CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
   17    A.  BY  VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE OFFICE
   18  OF PRESIDENT OF THE UNITED STATES IN WHICH THE NAMES OF  CANDIDATES  FOR
   19  SUCH OFFICE APPEAR ON THE BALLOT;
   20    B.  BY  VOTES  CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE POSI-
   21  TIONS OF DELEGATE AND ALTERNATE DELEGATE TO  A  NATIONAL  CONVENTION  IN
   22  DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
   23    C.  BY  THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE AT A
   24  MEETING OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE  PARTY
   25  MAY PROVIDE.
   26    2.  IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
   27  PROVISIONS OF THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN  WHICH  THE
   28  OFFICE  OF  PRESIDENT OF THE UNITED STATES APPEARS ON THE BALLOT, DESIG-
   29  NATION OF CANDIDATES FOR SUCH OFFICE  SHALL  BE  MADE  PURSUANT  TO  THE
   30  PROVISIONS  OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH CANDIDATES
   31  NEED NOT BE CITIZENS OF  NEW  YORK  BUT  ONLY  CITIZENS  OF  THE  UNITED
   32  STATES),  6-130,  6-132  (EXCEPT  THAT REFERENCES TO A COMMITTEE TO FILL
   33  VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
   34  6-134, 6-144, THE PROVISIONS WITH RESPECT TO  DECLINATIONS  IN  SUBDIVI-
   35  SIONS  ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A COMMIT-
   36  TEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES  TO  A  COMMITTEE  TO
   37  RECEIVE  NOTICES),  6-154,  AND  SUBDIVISION  ONE AND THE PROVISION WITH
   38  RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
   39  SUCH CANDIDATES MAY DECLINE SUCH DESIGNATIONS NOT  LATER  THAN  FEBRUARY
   40  SIXTEENTH,  TWO  THOUSAND  SIXTEEN)  OF THIS CHAPTER. THE STATE BOARD OF
   41  ELECTIONS SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS  OF
   42  ELECTIONS OF ANY SUCH DECLINATION FILED.
   43    3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
   44  OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
   45  STATE  IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE THOU-
   46  SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   47    4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
   48  WHICH THE OFFICE OF THE PRESIDENT OF THE UNITED STATES  APPEARS  ON  THE
   49  BALLOT,  IN  ADDITION  TO THE SPACES ON THE BALLOT WITH THE NAMES OF THE
   50  CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
   51  "UNCOMMITTED".  THE "UNCOMMITTED" SPACE SHALL BE LISTED  ON  THE  BALLOT
   52  PROVIDED  THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE WHICH
   53  MEETS THE SAME REQUIREMENTS AS A PETITION DESIGNATING  A  CANDIDATE  FOR
   54  THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
   55  AS IS REQUIRED FOR SUCH A PETITION.
       A. 8256                             3
    1    5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
    2  LISTED  ON  THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE OF PRESIDENT
    3  OF THE UNITED STATES HELD PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION
    4  SHALL BE SUBSTANTIALLY AS FOLLOWS:
    5    I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF
    6  THE .................... PARTY  AND ENTITLED TO VOTE AT THE NEXT PRIMARY
    7  ELECTION   OF   SUCH   PARTY   TO   BE   HELD   ON   THE ...... DAY   OF
    8  ............... 20...,  THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO-
    9  SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN  "UNCOMMITTED"
   10  SPACE  BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR
   11  THE OFFICE OF PRESIDENT OF THE UNITED STATES.
   12    B. THE APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE  IN  THE
   13  FORM PRESCRIBED FOR A PETITION FOR AN OPPORTUNITY TO BALLOT.  THE SIGNA-
   14  TURES  ON  THE PETITION WITH ALL THE REQUIRED INFORMATION AND THE SIGNED
   15  STATEMENT OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO  TAKE
   16  OATHS  SHALL  BE  IN  THE FORM PRESCRIBED FOR A DESIGNATING PETITION FOR
   17  SUCH OFFICE.
   18    6. A. IF THE RULES OF A  STATE  COMMITTEE,  ADOPTED  PURSUANT  TO  THE
   19  PROVISIONS  OF  THIS SECTION, PROVIDE THAT THE POSITIONS OF DELEGATE AND
   20  ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
   21  NATION OF CANDIDATES FOR SUCH POSITIONS SHALL BE MADE  PURSUANT  TO  THE
   22  PROVISIONS  OF  SECTIONS  6-100, 6-118, 6-122, 6-130, 6-132 (EXCEPT THAT
   23  REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES
   24  TO  A  COMMITTEE  TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH
   25  RESPECT TO DECLINATIONS IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  6-146
   26  (EXCEPT  THAT    REFERENCES  TO  A  COMMITTEE TO FILL VACANCIES SHALL BE
   27  DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154,  AND
   28  SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
   29  VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
   30    B.  CANDIDATES  FOR  THE  POSITIONS OF DISTRICT DELEGATE AND ALTERNATE
   31  DISTRICT DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO  THE
   32  PROVISIONS  OF  THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH PARTY AND
   33  RESIDENTS OF THE DISTRICT IN WHICH THEY ARE CANDIDATES.    THE  CONGRES-
   34  SIONAL  DISTRICTS  USED FOR THE ELECTION OF SUCH DELEGATES AND ALTERNATE
   35  DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND  FOUR-
   36  TEEN CONGRESSIONAL ELECTIONS.
   37    C.  DESIGNATING  PETITIONS  FOR  CANDIDATES FOR SUCH POSITIONS MUST BE
   38  SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN
   39  THE DISTRICT IN WHICH SUCH CANDIDATES ARE DESIGNATED,  OR  BY  AT  LEAST
   40  ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY
   41  IN SUCH DISTRICT, WHICHEVER IS LESS. SUCH PETITION SIGNATURE REQUIREMENT
   42  SHALL  BE  COMPUTED USING THE OFFICIAL APRIL FIRST, TWO THOUSAND FIFTEEN
   43  ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
   44    D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL
   45  HAVE PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO,  A
   46  LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  SUCH  CANDIDATES ARE
   47  PLEDGED TO SUPPORT, OR A LEGEND THAT SUCH  CANDIDATES  ARE  UNCOMMITTED.
   48  SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION.
   49    E.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
   50  CANDIDATE FOR EITHER SUCH POSITION SHALL BE VALID  UNDER  THIS  SECTION,
   51  FOR  PURPOSES  OF  DELEGATES  AND  ALTERNATE  DELEGATES, UNLESS ALL SUCH
   52  CANDIDATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION  THE  LEGEND
   53  THAT  THEY  ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR UNLESS ALL
   54  SUCH CANDIDATES FOR SUCH POSITIONS HAVE PRINTED  ON  SUCH  PETITION  THE
   55  LEGEND THAT THEY ARE UNCOMMITTED.
       A. 8256                             4
    1    F.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
    2  CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY  VALID  UNLESS
    3  THE  CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE
    4  AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH  A  VARI-
    5  ANCE NO GREATER THAN ONE.
    6    G.  IN  THE  EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES
    7  FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE
    8  OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE,  OR  THE
    9  WORD  UNCOMMITTED,  WILL  NOT  APPEAR  ON THE BALLOT AT THE PRESIDENTIAL
   10  PRIMARY ELECTION IN TWO THOUSAND SIXTEEN, THEN THE PETITION  DESIGNATING
   11  SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
   12  OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
   13    H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
   14  PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
   15  DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
   16  BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
   17  COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
   18  TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
   19  CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
   20  PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
   21  ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
   22  TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
   23  SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
   24  ELECTIONS BY ELECTRONIC TRANSMISSION.
   25    7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
   26  PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
   27  TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
   28  PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
   29  TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
   30  CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
   31  HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
   32  OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
   33  IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
   34  PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
   35  DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH  SUCH
   36  CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH
   37  SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
   38    B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
   39  COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
   40  PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
   41  FILED, NOT LATER THAN FEBRUARY TWENTY-THIRD, TWO THOUSAND SIXTEEN.
   42    C.  IN  THE  EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH
   43  POSITIONS, LISTED  AS  PLEDGED  TO  SUPPORT  A  PRESIDENTIAL  CANDIDATE,
   44  CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY
   45  SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU-
   46  ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES
   47  SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH
   48  PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR
   49  ON  THE  BALLOT  SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI-
   50  DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID.
   51    D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF  THE  CERTIFICATE
   52  REQUIRED  BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE
   53  COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE  PROVISIONS
   54  OF  THIS SECTION NOT LATER THAN MARCH THIRD, TWO THOUSAND SIXTEEN. EVERY
   55  OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS  FOR  DELEGATE
   56  AND  ALTERNATE  DELEGATE  WERE  FILED PURSUANT TO THE PROVISIONS OF THIS
       A. 8256                             5
    1  SECTION SHALL, NOT LATER THAN MARCH FOURTH, TWO THOUSAND SIXTEEN, SEND A
    2  LIST OF THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO WILL  APPEAR  ON
    3  THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.
    4    8.  A.  IF  THE  RULES  OF  A  STATE COMMITTEE ADOPTED PURSUANT TO THE
    5  PROVISIONS OF THIS SECTION PROVIDE FOR AN ELECTION IN  WHICH  CANDIDATES
    6  FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT-
    7  TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE
    8  TO  A  NATIONAL  CONVENTION  APPEAR  ON THE BALLOT, SUCH BALLOT SHALL BE
    9  ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION.
   10    B. THE NAME OF EACH CANDIDATE FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
   11  UNITED  STATES  WHO  HAS  QUALIFIED TO APPEAR ON THE BALLOT AND THE WORD
   12  "UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE
   13  BALLOT WAS FILED WITH THE STATE BOARD OF ELECTIONS, SHALL  APPEAR  IN  A
   14  SEPARATE  ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE TO
   15  A NATIONAL CONVENTION  WHO  FILED  DESIGNATING  PETITIONS  CONTAINING  A
   16  LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE PLEDGED TO
   17  SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW
   18  OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL
   19  CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI-
   20  DATES  FOR  ALTERNATE  DELEGATE  TO  SUCH  CONVENTION  WHO  FILED   SUCH
   21  PETITIONS.  IF  THE  NUMBER  OF  CANDIDATES, OR GROUPS OF CANDIDATES FOR
   22  DELEGATE AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A  PARTICULAR
   23  PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER
   24  WHO  MAY  BE  LISTED  IN ONE ROW OR COLUMN AND IF THERE ARE MORE ROWS OR
   25  COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR
   26  PRESIDENT WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD  OF
   27  ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES
   28  OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE.
   29    C.  THE  ORDER  OF THE NAMES OF CANDIDATES FOR THE OFFICE OF PRESIDENT
   30  AND THE WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE  NAMES  OF
   31  CANDIDATES  FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN A
   32  PARTICULAR ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE  PROVISIONS
   33  OF  SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT NAMES
   34  OF CANDIDATES FOR  SUCH  POSITIONS  WHO  ARE  DESIGNATED  BY  INDIVIDUAL
   35  PETITIONS  AND  NOT  IN A GROUP SHALL HAVE THEIR POSITIONS DETERMINED BY
   36  LOT IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES  OR
   37  GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY
   38  THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH
   39  DETERMINATION  BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH SECTION
   40  7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT
   41  TO THE PROVISIONS OF THIS SECTION.
   42    D. IMMEDIATELY FOLLOWING THE NAME OF EACH CANDIDATE FOR  DELEGATE  AND
   43  ALTERNATE  DELEGATE  ON  THE  BALLOT  SHALL  APPEAR, IN PARENTHESIS, THE
   44  LETTER (M) IF SUCH CANDIDATE IS MALE AND THE LETTER (F) IF  SUCH  CANDI-
   45  DATE IS FEMALE.
   46    9.  ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF THIS
   47  SECTION SHALL USE ONLY VOTING SYSTEMS AUTHORIZED BY TITLE TWO OF ARTICLE
   48  SEVEN OF THIS CHAPTER.
   49    10. PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS  CHAP-
   50  TER  SHALL  BE  ENTITLED TO SIGN DESIGNATING PETITIONS FOR, AND VOTE IN,
   51  ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION.
   52    11. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A  PRIMARY  ELECTION
   53  IN  WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE POSITIONS
   54  OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL  CONVENTION  APPEAR  ON
   55  THE  BALLOT  PURSUANT TO THE PROVISIONS OF THIS SECTION, THE STATE BOARD
   56  OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL
       A. 8256                             6
    1  CANVASS THE RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE  AND  POSI-
    2  TIONS  PURSUANT  TO  THE  PROVISIONS OF SECTIONS 9-200 AND 9-202 OF THIS
    3  CHAPTER, AND SHALL CERTIFY TO THE SECRETARY OF THE  STATE  COMMITTEE  OF
    4  SUCH  PARTY  THE VOTES CAST FOR EACH CANDIDATE FOR SUCH OFFICE AND POSI-
    5  TIONS IN SUCH PRIMARY ELECTION AND THE VOTES CAST FOR THE  "UNCOMMITTED"
    6  PREFERENCE,  TALLIED  SEPARATELY BY CONGRESSIONAL DISTRICTS, EXCEPT THAT
    7  NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED
    8  OR ELECTED TO ANY SUCH OFFICE OR POSITION.
    9    12. EXCEPT AS PROVIDED IN THIS  SECTION  AND  PARTY  RULES  AND  REGU-
   10  LATIONS,  ALL  PROVISIONS  OF THE ELECTION LAW, EXCEPT ANY PROVISIONS OF
   11  SECTION 2-122 OF THIS ARTICLE WHICH ARE INCONSISTENT WITH  THIS  SECTION
   12  AND  THOSE  SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS CHAPTER NOT
   13  SPECIFIED IN THIS SECTION, SHALL APPLY TO ELECTIONS  CONDUCTED  PURSUANT
   14  TO THIS SECTION.
   15    S  4.  The  election law is amended by adding a new section 2-122-b to
   16  read as follows:
   17    S 2-122-B. PRESIDENTIAL PRIMARY. 1. APPLICABILITY.  THE  SELECTION  OF
   18  DELEGATES  AND  ALTERNATE  DELEGATES FROM NEW YORK STATE TO THE NATIONAL
   19  CONVENTION OF THE REPUBLICAN PARTY IN EACH YEAR  IN  WHICH  ELECTORS  OF
   20  PRESIDENT  AND  VICE-PRESIDENT  OF  THE  UNITED STATES ARE TO BE ELECTED
   21  SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
   22  COMMITTEE OF ANY OTHER POLITICAL PARTY MAY, BY RULE OR  RESOLUTION,  OPT
   23  TO  CONDUCT  THE  SELECTION  OF DELEGATES AND ALTERNATE DELEGATES IN ANY
   24  SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
   25  COPY OF SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE  BOARD  OF
   26  ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
   27    2.  GENERAL PROVISIONS. THE AWARDING OF DELEGATES AND ALTERNATE DELEG-
   28  ATES TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY  PURSU-
   29  ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
   30  PRIMARY  ELECTION  FOR  CANDIDATES  FOR  THE  OFFICE OF PRESIDENT OF THE
   31  UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
   32  THE BALLOT AND THE NAMES OF DELEGATES AND  ALTERNATE  DELEGATES  DO  NOT
   33  APPEAR  ON  SUCH  BALLOT.    THE TOTAL NUMBER OF DELEGATES AND ALTERNATE
   34  DELEGATES SHALL BE DETERMINED BY THE CALL FOR THE  NATIONAL  CONVENTION.
   35  THREE  DELEGATES  AND  THREE  ALTERNATE  DELEGATES SHALL BE AWARDED FROM
   36  EVERY CONGRESSIONAL DISTRICT IN THE  STATE,  UNLESS  THE  RULES  OF  THE
   37  NATIONAL  REPUBLICAN  PARTY  AND/OR THE CALL FOR THE NATIONAL CONVENTION
   38  PROVIDE DIFFERENTLY.  THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEG-
   39  ATES AS ESTABLISHED BY THE CALL FOR THE NATIONAL  CONVENTION  MINUS  THE
   40  NUMBER  OF  DELEGATES  AND  ALTERNATE  DELEGATES  TO BE AWARDED FROM THE
   41  CONGRESSIONAL DISTRICTS  SHALL  BE  DESIGNATED  AT-LARGE  DELEGATES  AND
   42  AT-LARGE ALTERNATE DELEGATES.
   43    A  POLITICAL  PARTY  SHALL CERTIFY TO THE STATE BOARD OF ELECTIONS, AT
   44  LEAST TWELVE WEEKS PRIOR TO THE DATE OF THE  PRESIDENTIAL  PRIMARY,  THE
   45  NUMBER  OF  DELEGATES  TO  WHICH  SUCH PARTY IS ENTITLED PURSUANT TO ITS
   46  RULES.
   47    CONGRESSIONAL DISTRICT DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
   48  AWARDED  BASED  UPON  THE  RESULTS  OF  SEPARATE  AND  DISTINCT  PRIMARY
   49  ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRES-
   50  SIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL  BE  AWARDED  TO
   51  PRESIDENTIAL  CANDIDATES  PURSUANT TO PARAGRAPH B OF SUBDIVISION FOUR OF
   52  THIS SECTION AND ELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR  OF
   53  THIS  SECTION.  AT-LARGE  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL BE
   54  ELECTED BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL  CANDIDATES
   55  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
       A. 8256                             7
    1    3.  BALLOT  ACCESS  METHODS. CANDIDATES SHALL BE ELIGIBLE TO APPEAR ON
    2  THE BALLOT IN A PRIMARY ELECTION OF A POLITICAL PARTY FOR THE OFFICE  OF
    3  PRESIDENT  OF  THE  UNITED  STATES  PURSUANT  TO  ANY  OF  THE FOLLOWING
    4  PROVISIONS:
    5    A.  ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE PRESI-
    6  DENTIAL PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF  11
    7  CODE  OF  FEDERAL  REGULATIONS PART 9033, OR ANY CANDIDATE WHO MEETS THE
    8  ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11
    9  CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH
   10  CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST,
   11  BY CERTIFICATE FILED AND RECEIVED BY THE STATE  BOARD  OF  ELECTIONS  NO
   12  SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE
   13  OF  THE  PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE APPEAR ON
   14  THE BALLOT AT THE PRIMARY OF SUCH PARTY IN THE STATE  OF  NEW  YORK  FOR
   15  THAT YEAR.
   16    B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE
   17  STATE  BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER THAN
   18  NINE WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE  NAME
   19  OF  SUCH  CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH PARTY IN
   20  THE STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE UNITED  STATES.
   21  SUCH  CANDIDATE  SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT OF SUCH PARTY
   22  IN THE STATE OF NEW YORK AT THE PRIMARY ELECTION FOR THAT  YEAR  IF  THE
   23  STATE  BOARD  OF  ELECTIONS  DETERMINES  THAT THE PERSON IS A NATIONALLY
   24  KNOWN AND RECOGNIZED CANDIDATE AND THE CANDIDACY OF SUCH PERSON FOR  THE
   25  PARTY  NOMINATION  FOR PRESIDENT IS GENERALLY AND SERIOUSLY ADVOCATED OR
   26  RECOGNIZED ACCORDING TO REPORTS IN THE NATIONAL  OR  STATE  NEWS  MEDIA.
   27  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW TO THE CONTRARY, A
   28  REQUEST BY A CANDIDATE TO APPEAR ON THE PRESIDENTIAL PRIMARY BALLOT OF A
   29  MAJOR POLITICAL PARTY SHALL BE DETERMINED SOLELY UPON A JOINT  RECOMMEN-
   30  DATION  BY  THE  COMMISSIONERS  OF THE STATE BOARD OF ELECTIONS WHO HAVE
   31  BEEN APPOINTED ON THE RECOMMENDATION OF  SUCH  POLITICAL  PARTY  OR  THE
   32  LEGISLATIVE  LEADERS  OF SUCH POLITICAL PARTY, AND NO OTHER COMMISSIONER
   33  OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION.
   34  THE STATE BOARD OF ELECTIONS SHALL ACT UPON ANY SUCH  REQUEST  NO  LATER
   35  THAN FIFTY-FIVE DAYS BEFORE THE PRESIDENTIAL PRIMARY.
   36    C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO
   37  THE  PROVISIONS  OF  ARTICLE  SIX OF THIS CHAPTER. DESIGNATING PETITIONS
   38  SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV-
   39  ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   40    D.   PRESIDENTIAL CANDIDATES DETERMINED  ELIGIBLE  TO  APPEAR  ON  THE
   41  PRIMARY  BALLOT  MAY HAVE THEIR NAME REMOVED FROM SUCH PRIMARY BALLOT BY
   42  FILING A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS AND  RECEIVED  NO
   43  LATER  THAN  TWENTY-EIGHT  DAYS BEFORE SUCH PRIMARY ELECTION. AFTER SUCH
   44  DATE BUT BEFORE THE DATE OF THE  PRIMARY,  PRESIDENTIAL  CANDIDATES  MAY
   45  FILE  A  CERTIFICATE  WITH THE STATE BOARD OF ELECTIONS DEEMING ANY VOTE
   46  FOR SUCH PRESIDENTIAL CANDIDATE TO BE A VOID VOTE.
   47    4. ELECTION OF DELEGATES AND ALTERNATE  DELEGATES  FROM  CONGRESSIONAL
   48  DISTRICTS.  A.  EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A SEPARATE AND
   49  DISTINCT PRIMARY ELECTION. ENROLLED REPUBLICAN VOTERS  FROM  A  CONGRES-
   50  SIONAL  DISTRICT  SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO HAS QUALI-
   51  FIED FOR THE PRIMARY  BALLOT  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
   52  SECTION.
   53    B.  ALL  THREE  DELEGATES  AND  ALL  THREE  ALTERNATE DELEGATES FROM A
   54  CONGRESSIONAL DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE  WHO
   55  RECEIVES  A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES
   56  IN SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES  A
       A. 8256                             8
    1  MAJORITY  OF  THE  VOTES  IN  A CONGRESSIONAL DISTRICT, THE PRESIDENTIAL
    2  CANDIDATE RECEIVING THE MOST VOTES IN THE CONGRESSIONAL  DISTRICT  SHALL
    3  BE  AWARDED  TWO DELEGATES AND TWO ALTERNATE DELEGATES AND THE PRESIDEN-
    4  TIAL  CANDIDATE  WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL
    5  DISTRICT SHALL BE AWARDED  ONE  DELEGATE  AND  ONE  ALTERNATE  DELEGATE,
    6  PROVIDED  HOWEVER,  THAT  A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST
    7  TWENTY PERCENT OF THE TOTAL VOTES CAST FOR  PRESIDENTIAL  CANDIDATES  IN
    8  THE  CONGRESSIONAL  DISTRICT  IN  ORDER  TO BE AWARDED ANY DELEGATES AND
    9  ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI-
   10  DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE  OF  THE  TOTAL  VOTES
   11  CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES-
   12  IDENTIAL  CANDIDATE  SHALL  BE AWARDED ALL THREE DELEGATES AND ALL THREE
   13  ALTERNATE DELEGATES.   IF  NO  PRESIDENTIAL  CANDIDATE  RECEIVES  TWENTY
   14  PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
   15  CONGRESSIONAL  DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE
   16  POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED  PURSUANT
   17  TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
   18    C.  ALL CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL
   19  BE ELECTED BY THE MEMBERS OF THE NEW  YORK  REPUBLICAN  STATE  COMMITTEE
   20  REPRESENTING  EACH  SUCH CONGRESSIONAL DISTRICT AND AWARDED TO PRESIDEN-
   21  TIAL CANDIDATES  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION.  THE
   22  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
   23  ELECTED BY THE MEMBERS  OF  THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE
   24  REPRESENTING  EACH SUCH CONGRESSIONAL DISTRICT AT MEETINGS CALLED BY THE
   25  STATE CHAIRMAN AND SCHEDULED IN COMPLIANCE WITH RULE 20 OF THE RULES  OF
   26  THE  REPUBLICAN  PARTY  (NATIONAL)  BUT,  IF  PRACTICABLE, FOLLOWING THE
   27  CERTIFICATION OF THE RESULTS OF THE PRESIDENTIAL PRIMARY BY THE NEW YORK
   28  STATE BOARD OF ELECTIONS. THE NOTICES OF CALL ISSUED BY THE STATE CHAIR-
   29  MAN SHALL DESIGNATE NEW YORK REPUBLICAN STATE COMMITTEE MEMBERS TO SERVE
   30  AS CHAIRS AND SECRETARIES OF THE  CONGRESSIONAL  DISTRICT  MEETINGS.  AT
   31  THESE  CONGRESSIONAL  DISTRICT  MEETINGS,  THE  MEMBERS  OF THE NEW YORK
   32  REPUBLICAN STATE COMMITTEE SHALL EACH CAST VOTES EQUAL TO THE REPUBLICAN
   33  ENROLLMENT FOR THEIR UNIT OF REPRESENTATION THAT IS WITHIN THE  CONGRES-
   34  SIONAL  DISTRICT.  VOTING BY PROXY AT THE CONGRESSIONAL DISTRICT MEETING
   35  SHALL BE VALID. THE CHAIR AND SECRETARY OF EACH  CONGRESSIONAL  DISTRICT
   36  MEETING  SHALL  FILE  A  CERTIFICATE  WITH  THE  NEW YORK STATE BOARD OF
   37  ELECTIONS STATING THE NAMES AND ADDRESSES OF THE INDIVIDUALS ELECTED  AS
   38  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE DELEGATES WITHIN FIVE
   39  DAYS OF THE MEETING.
   40    5. ELECTION OF AT LARGE DELEGATES AND AT  LARGE  ALTERNATE  DELEGATES.
   41  AT-LARGE  DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED BY
   42  THE NEW YORK REPUBLICAN STATE  COMMITTEE  AND  AWARDED  TO  PRESIDENTIAL
   43  CANDIDATES  BASED  UPON  THE  STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL
   44  PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE  ALTERNATE  DELEG-
   45  ATES SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI-
   46  TY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES.  IF NO
   47  PRESIDENTIAL  CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL VOTES
   48  CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND AT-LARGE ALTER-
   49  NATE DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED  ON  THE
   50  RATIO  OF  THE TOTAL STATEWIDE VOTE RECEIVED BY EACH PRESIDENTIAL CANDI-
   51  DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI-
   52  DATES RECEIVING AT LEAST TWENTY PERCENT OF THE  STATEWIDE  VOTE  IN  THE
   53  PRESIDENTIAL  PRIMARY  ELECTION, THE NEW YORK REPUBLICAN STATE COMMITTEE
   54  SHALL APPORTION PRO-RATA THE NUMBER OF AT-LARGE DELEGATES  AND  AT-LARGE
   55  ALTERNATE  DELEGATES  THAT  EACH  PRESIDENTIAL  CANDIDATE IS ENTITLED TO
   56  RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED  HOWEVER,  THAT  A
       A. 8256                             9
    1  PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL
    2  STATEWIDE  VOTE  OF  THE  PRESIDENTIAL  PRIMARY  ELECTION IN ORDER TO BE
    3  AWARDED ANY AT-LARGE DELEGATES BY THE NEW YORK REPUBLICAN STATE  COMMIT-
    4  TEE.  IN THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES ONE OR
    5  MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL  DISTRIBUTION,  THEN
    6  ANY  SUCH  DELEGATE  OR  DELEGATES, SHALL BE AWARDED TO THE PRESIDENTIAL
    7  CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES.
    8  IN THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES  BY
    9  PROCESS  OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE AUTHOR-
   10  IZED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY AND THE CALL
   11  FOR THE NATIONAL CONVENTION, THEN THE NUMBER OF  DELEGATES  AWARDED  FOR
   12  THE  CANDIDATE RECEIVING THE LEAST STATEWIDE VOTES AMONG THOSE PRESIDEN-
   13  TIAL CANDIDATES OTHERWISE ENTITLED TO BE  AWARDED  DELEGATES,  SHALL  BE
   14  DECREASED TO THE EXTENT NECESSARY TO CONFORM TO THE NUMBER OF AUTHORIZED
   15  DELEGATE POSITIONS.
   16    6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS
   17  SECTION  SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT TO
   18  THIS SECTION.
   19    S 5. Subdivision 4 of section 6-158 of the election law, as amended by
   20  chapter 434 of the laws of 1984, is amended and a new subdivision 1-a is
   21  added to read as follows:
   22    1-A. A DESIGNATING PETITION FOR A SPRING  PRIMARY  ELECTION  SHALL  BE
   23  FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER THAN THE
   24  ELEVENTH THURSDAY PRECEDING THE SPRING PRIMARY ELECTION.
   25    4. A petition of enrolled members of a party requesting an opportunity
   26  to write in the name of an undesignated candidate for a public office or
   27  party  position  at a primary election shall be filed not later than the
   28  eighth Thursday preceding the primary election, EXCEPT THAT SUCH A PETI-
   29  TION FILED FOR THE TWO THOUSAND SIXTEEN SPRING PRIMARY  SHALL  BE  FILED
   30  NOT  LATER THAN THE TENTH THURSDAY PRECEDING THE SPRING PRIMARY.  Howev-
   31  er, where a designating petition has been filed  and  the  person  named
   32  therein has declined such designation and another person has been desig-
   33  nated  to fill the vacancy, then in that event, a petition for an oppor-
   34  tunity to ballot in a primary election shall be filed not later than the
   35  seventh Thursday preceding such primary election,  EXCEPT  THAT  SUCH  A
   36  PETITION  FILED  FOR  THE  TWO  THOUSAND SIXTEEN SPRING PRIMARY SHALL BE
   37  FILED NOT LATER THAN THE NINTH THURSDAY PRECEDING THE SPRING PRIMARY.
   38    S 6. Subdivisions 6, 9, 11, and 12 of section 6-158  of  the  election
   39  law,  subdivision 6 as amended by chapter 79 of the laws of 1992, subdi-
   40  vision 9 as amended by chapter 517 of the laws of 1986, and subdivisions
   41  11 and 12 as amended by chapter 434 of the laws of 1984, are amended  to
   42  read as follows:
   43    6.  A certificate of a party nomination made other than at the primary
   44  election for an office to be filled at the time of  a  general  election
   45  shall  be  filed  not  later  than  seven  days  after  the fall primary
   46  election, except that a certificate of nomination for  an  office  which
   47  becomes  vacant  after  the  seventh day preceding such primary election
   48  shall be filed not later than fourteen days after the creation  of  such
   49  vacancy  and  except, further, that a certificate of party nomination of
   50  candidates for elector of president and  vice-president  of  the  United
   51  States  shall  be  filed  not  later  than [fourteen days after the fall
   52  primary election] SIXTY DAYS BEFORE THE  TWO  THOUSAND  SIXTEEN  GENERAL
   53  ELECTION,  and  except  still  further that a certificate of party nomi-
   54  nation made at a judicial district convention shall be filed  not  later
   55  than  the day after the last day to hold such convention and the minutes
   56  of such convention, duly certified by the chairman and secretary,  shall
       A. 8256                            10
    1  be filed within seventy-two hours after adjournment of the convention. A
    2  certificate  of party nomination for an office to be filled at a special
    3  election shall be filed not later than ten days following  the  issuance
    4  of a proclamation of such election.
    5    9. A petition for an independent nomination for an office to be filled
    6  at the time of a general election shall be filed not earlier than twelve
    7  weeks  and  not  later than eleven weeks preceding such election, EXCEPT
    8  THAT AN INDEPENDENT NOMINATION FOR A FEDERAL OFFICE TO BE FILLED AT  THE
    9  TIME  OF  THE  TWO  THOUSAND SIXTEEN GENERAL ELECTION SHALL BE FILED NOT
   10  EARLIER THAN THE FIFTEENTH AND  NOT  LATER  THAN  THE  FOURTEENTH  WEEKS
   11  PRECEDING SUCH ELECTION. A petition for an independent nomination for an
   12  office  to be filled at a special election shall be filed not later than
   13  twelve days following the issuance of a proclamation of such election. A
   14  petition for trustee of the Long Island Power Authority shall  be  filed
   15  not  earlier than seven weeks and not later than six weeks preceding the
   16  day of the election of such trustees.
   17    11. A certificate of acceptance or declination of an independent nomi-
   18  nation for [an] A STATE OR LOCAL office to be filled at the  time  of  a
   19  general  election  shall be filed not later than the third day after the
   20  eleventh Tuesday preceding such election, AND A CERTIFICATE  OF  ACCEPT-
   21  ANCE OR DECLINATION OF AN INDEPENDENT NOMINATION FOR A FEDERAL OFFICE TO
   22  BE FILLED AT THE TIME OF THE TWO THOUSAND SIXTEEN GENERAL ELECTION SHALL
   23  BE  FILED  NOT  LATER  THAN  THE  THIRD DAY AFTER THE FOURTEENTH TUESDAY
   24  PRECEDING SUCH ELECTION, except  that  a  candidate  who  files  such  a
   25  certificate  of  acceptance  for  [an] A STATE OR LOCAL office for which
   26  there have been filed certificates or petitions  designating  more  than
   27  one  candidate  for  the  nomination of any party, may thereafter file a
   28  certificate of declination FOR SUCH STATE OR LOCAL OFFICE not later than
   29  the third day after the primary election. A certificate of acceptance or
   30  declination of an independent nomination for an office to be filled at a
   31  special election shall be filed not later than fourteen  days  following
   32  the issuance of a proclamation of such election.
   33    12.  A  certificate  to  fill  a vacancy caused by a declination of an
   34  independent nomination for an office to be  filled  at  the  time  of  a
   35  general  election  shall be filed not later than the sixth day after the
   36  eleventh Tuesday preceding such election, EXCEPT THAT A  CERTIFICATE  TO
   37  FILL  A VACANCY CAUSED BY A DECLINATION OF AN INDEPENDENT NOMINATION FOR
   38  A FEDERAL OFFICE TO BE FILLED AT THE TIME OF A GENERAL ELECTION SHALL BE
   39  FILED NOT LATER THAN THE SIXTH DAY AFTER THE FOURTEENTH TUESDAY  PRECED-
   40  ING  SUCH ELECTION. A certificate to fill a vacancy caused by a declina-
   41  tion of an independent nomination for  an  office  to  be  filled  at  a
   42  special  election  shall  be filed not later than sixteen days following
   43  the issuance of a proclamation of such election.
   44    S 7. Section 4-110 of the election law, as amended by chapter  434  of
   45  the laws of 1984, is amended to read as follows:
   46    S  4-110. Certification of primary election candidates; state board of
   47  elections.  The state board of elections not later than thirty-six  days
   48  before  a  primary  election  OR FIFTY-FOUR DAYS BEFORE A SPRING PRIMARY
   49  ELECTION, shall certify to each county board of elections: The name  and
   50  residence  of each candidate to be voted for within the political subdi-
   51  vision of such board for whom a designation  has  been  filed  with  the
   52  state board; the title of the office or position for which the candidate
   53  is  designated; the name of the party upon whose primary ballot his name
   54  is to be placed; and the order in which the names of the candidates  are
   55  to  be  printed  as  determined by the state board.   Where an office or
   56  position is uncontested, such certification shall state such fact.
       A. 8256                            11
    1    S 8. Subdivision 1 of section 4-112 of the election law, as amended by
    2  chapter 4 of the laws of 2011, is amended to read as follows:
    3    1.  The state board of elections not later than thirty-six days before
    4  a general election, or fifty-three days before a special election,    OR
    5  FIFTY-FOUR DAYS BEFORE THE GENERAL ELECTION WITH RESPECT ONLY TO FEDERAL
    6  CANDIDATES, shall certify to each county board of elections the name and
    7  residence  of  each  candidate  nominated in any valid certificate filed
    8  with it or by the returns canvassed by it, the title of the  office  for
    9  which  nominated; the name of the party or body specified of which he is
   10  a candidate; the emblem chosen to  distinguish  the  candidates  of  the
   11  party  or  body;  and  a notation as to whether or not any litigation is
   12  pending concerning the candidacy. Upon the completion of any such  liti-
   13  gation,  the  state board of elections shall forthwith notify the appro-
   14  priate county boards of elections of the results of such litigation.
   15    S 9. Section 4-114 of the election law, as amended by chapter 4 of the
   16  laws of 2011, is amended to read as follows:
   17    S 4-114. Determination of candidates and questions;  county  board  of
   18  elections.  The  county  board  of elections, not later than the thirty-
   19  fifth day before the day of  a  primary  or  general  election,  or  the
   20  fifty-third  day  before a special election, SPRING PRIMARY ELECTION, OR
   21  THE GENERAL ELECTION WITH RESPECT  ONLY  TO  FEDERAL  CANDIDATES,  shall
   22  determine  the candidates duly nominated for public office and the ques-
   23  tions that shall appear on the ballot within the  jurisdiction  of  that
   24  board of elections.
   25    S 10. Paragraph (a) of subdivision 1 of section 10-108 of the election
   26  law,  as amended by chapter 4 of the laws of 2011, is amended to read as
   27  follows:
   28    (a) Ballots for military voters shall be mailed or otherwise  distrib-
   29  uted  by the board of elections, in accordance with the preferred method
   30  of transmission designated by the voter pursuant to  section  10-107  of
   31  this  article,  as  soon  as practicable but in any event not later than
   32  thirty-two days before a primary or general election;  twenty-five  days
   33  before  a  New  York  city  community  school  board district or city of
   34  Buffalo  school  district  election;  fourteen  days  before  a  village
   35  election conducted by the board of elections; and forty-five days before
   36  a special election, SPRING PRIMARY ELECTION OR THE GENERAL ELECTION WITH
   37  RESPECT ONLY TO THE BALLOT FOR FEDERAL CANDIDATES. A voter who submits a
   38  military ballot application shall be entitled to a military ballot ther-
   39  eafter  for  each subsequent election through and including the next two
   40  regularly scheduled general  elections  held  in  even  numbered  years,
   41  including any run-offs which may occur; provided, however, such applica-
   42  tion  shall  not  be valid for any election held within seven days after
   43  its receipt. Ballots shall also be  mailed  to  any  qualified  military
   44  voter  who  is  already registered and who requests such military ballot
   45  from such board of elections in a letter, which is signed by  the  voter
   46  and  received  by  the board of elections not later than the seventh day
   47  before the election for which the ballot is requested and  which  states
   48  the  address  where the voter is registered and the address to which the
   49  ballot is to be mailed. The board of elections shall enclose  with  such
   50  ballot  a  form  of  application  for  military ballot. In the case of a
   51  primary election, the board shall deliver only the ballot of  the  party
   52  with  which  the  military  voter  is enrolled according to the military
   53  voter's registration records. In the event a primary election is  uncon-
   54  tested  in  the  military  voter's  election district for all offices or
   55  positions except the party position of member of the ward, town, city or
   56  county committee, no ballot shall be delivered to  such  military  voter
       A. 8256                            12
    1  for such election; and the military voter shall be advised of the reason
    2  why he or she will not receive a ballot.
    3    S  11. Section 6-116 of the election law, as amended by chapter 373 of
    4  the laws of 1978, is amended to read as follows:
    5    S 6-116. Party nominations; election to fill a vacancy. A party  nomi-
    6  nation  of  a  candidate  for  election to fill a vacancy in an elective
    7  office required to be filled at the  next  general  election,  occurring
    8  after  seven  days  before  the  last  day  for  circulating designating
    9  petitions or after the holding of the meeting or convention to  nominate
   10  or  designate  candidates  for such, shall be made, after the day of the
   11  primary election, by a majority vote of a quorum of the state  committee
   12  if  the  vacancy  occurs  in an office to be filled by all voters of the
   13  state, and otherwise by a majority vote of a quorum of the members of  a
   14  county committee or committees last elected in the political subdivision
   15  in  which  such  vacancy is to be filled, or by a majority of such other
   16  committee as the rules of the party may provide.    NOTWITHSTANDING  ANY
   17  OTHER  PROVISION  OF  THIS SECTION, UPON A VACANCY IN A FEDERAL ELECTIVE
   18  OFFICE FOR WHICH A WRIT OF ELECTION IS ISSUED FOR THE  GENERAL  ELECTION
   19  TO BE HELD IN TWO THOUSAND SIXTEEN, A CERTIFICATE OF NOMINATION FOR SUCH
   20  OFFICE SHALL BE FILED NO LATER THAN NINETY DAYS AFTER THE SPRING PRIMARY
   21  ELECTION.  A  certificate  of  nomination shall be filed as provided for
   22  herein.
   23    S 12. Subdivision 4 of section 11-204 of the election law, as  amended
   24  by chapter 4 of the laws of 2011, is amended to read as follows:
   25    4. If the board of elections shall determine that the applicant making
   26  the application provided for in this section is qualified to receive and
   27  vote a special federal ballot, it shall, as soon as practicable after it
   28  shall have so determined, or not later than [thirty-two] FORTY-FIVE days
   29  before  each  general  or  SPRING  primary [election and forty-five days
   30  before each], OR special election in which such applicant  is  qualified
   31  to  vote,  or three days after receipt of such an application, whichever
   32  is later, mail to him or her at the residence address outside the United
   33  States shown in his or her application, a  special  federal  ballot,  an
   34  inner  affirmation envelope and an outer envelope, or otherwise distrib-
   35  ute same to the voter in accordance with the preferred method of  trans-
   36  mission  designated  by  the  voter  pursuant  to section 11-203 of this
   37  title. The board of elections shall also mail, or  otherwise  distribute
   38  in  accordance  with  the preferred method of transmission designated by
   39  the voter pursuant to section 11-203 of this title,  a  special  federal
   40  ballot  to  every  qualified special federal voter who is already regis-
   41  tered and who requests such special federal ballot from  such  board  of
   42  elections  in a letter, which is signed by the voter and received by the
   43  board of elections not later than the seventh day  before  the  election
   44  for  which  the  ballot  is first requested and which states the address
   45  where the voter is registered and the address to which the ballot is  to
   46  be mailed.  The board of elections shall enclose with such ballot a form
   47  of application for a special federal ballot.
   48    S  13.  Section  1-106  of the election law is amended by adding a new
   49  subdivision 1-a to read as follows:
   50    1-A. THE FILING BY MAIL PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
   51  SHALL  NOT APPLY TO THE SPRING PRIMARY OR FEDERAL OFFICES ON THE GENERAL
   52  ELECTION BALLOT. FOR SUCH PRIMARY AND THE GENERAL ELECTION WITH  RESPECT
   53  TO FEDERAL OFFICES, FILINGS OF CERTIFICATES AND PETITIONS OF DESIGNATION
   54  OR  NOMINATION, CERTIFICATES OF ACCEPTANCE OR DECLINATION OF SUCH DESIG-
   55  NATIONS AND NOMINATIONS, CERTIFICATES OF AUTHORIZATION FOR  SUCH  DESIG-
   56  NATIONS,  CERTIFICATES OF DISQUALIFICATION, CERTIFICATES OF SUBSTITUTION
       A. 8256                            13
    1  FOR SUCH DESIGNATIONS OR NOMINATIONS, AND OBJECTIONS AND  SPECIFICATIONS
    2  OF  OBJECTIONS  TO  CERTIFICATES AND PETITIONS REQUIRED TO BE FILED WITH
    3  THE STATE BOARD OF ELECTIONS OR A BOARD OF ELECTIONS OUTSIDE OF THE CITY
    4  OF NEW YORK SHALL BE DEEMED TIMELY FILED BY MAIL AND ACCEPTED FOR FILING
    5  IF  (I)  SENT BY MAIL, OR OVERNIGHT DELIVERY SERVICE AS DEFINED BY PARA-
    6  GRAPH SIX OF SUBDIVISION (B) OF RULE TWENTY-ONE  HUNDRED  THREE  OF  THE
    7  CIVIL  PRACTICE  LAW  AND  RULES,  IN  AN ENVELOPE POSTMARKED OR SHOWING
    8  RECEIPT BY THE OVERNIGHT DELIVERY SERVICE, PRIOR TO MIDNIGHT OF THE LAST
    9  DAY OF FILING, AND (II) IF RECEIVED NO LATER THAN ONE BUSINESS DAY AFTER
   10  THE LAST DAY TO FILE SUCH CERTIFICATES, PETITIONS, OBJECTIONS  OR  SPEC-
   11  IFICATIONS.
   12    S 14. Separability.  If any sentence, clause, subparagraph, paragraph,
   13  subdivision, section or other part of this act, or the application ther-
   14  eof  to  any party, person or circumstances shall be held or adjudged by
   15  any court of competent jurisdiction to be invalid, such holding or judg-
   16  ment shall not affect, impair or invalidate the remainder or any portion
   17  of the remainder of this act, or the application of such section or part
   18  of a section held or adjudged to be invalid,  to  any  other  person  or
   19  circumstances,  but  shall be confined in its operation to the sentence,
   20  clause, subparagraph, paragraph, subdivision, section or other  part  of
   21  this  act  directly involved in the controversy in which such holding or
   22  judgment shall have been rendered, or to the party, person  and  circum-
   23  stances therein involved.
   24    S  15.  This  act shall take effect immediately; provided, however, if
   25  this act shall become law after July 1, 2015, it shall take effect imme-
   26  diately and shall be deemed to have been in full force and effect on and
   27  after July 1, 2015; provided further that sections  six,  seven,  eight,
   28  nine,  ten,  eleven,  twelve  and thirteen of this act shall take effect
   29  December 15, 2015; and provided further, this act shall expire  December
   30  31,  2016 when upon such date the provisions of this act shall be deemed
   31  repealed.