|SAME AS||SAME AS S05753|
|Amd SS8-100, 6-158, 4-110, 4-114, 10-108 & 11-204, add SS2-122-a & 2-122-b, El L|
|Provides for the election of delegates to a national party convention or a national party conference; relates to electing delegates to a national party convention or conference.|
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STATE OF NEW YORK ________________________________________________________________________ 8363 2011-2012 Regular Sessions IN ASSEMBLY June 14, 2011 ___________ Introduced by M. of A. SILVER, CUSICK -- (at request of the Governor) -- 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 2012, and the "Presidential" 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 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 (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 public office required to be made at a primary election in such year 11 shall be made at the fall primary. In [ each] the year two thousand 12 twelve in which electors of president and vice president of the United 13 States are to be elected, an additional primary election, to be known as 14 the [ spring] presidential primary, shall be held on [ the first Tuesday15 in February] April twenty-fourth, two thousand twelve, unless otherwise 16 changed by an act of the legislature, for the purpose of electing deleg- 17 ates to the national convention[ , members of state and county committees18 and assembly district leaders and associate assembly district leaders]. 19 § 2. Notwithstanding any inconsistent provisions of the election law, 20 a rule or resolution of a state committee providing for the selection of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12063-03-1A. 8363 2 1 delegates and alternate delegates to a national party convention or 2 national party conference in the year 2012 shall select either section 3 three or section four of this act in order to conform to the rules of a 4 national committee. A certified copy of such rule or resolution shall 5 be filed with the state board of elections no later than the first day 6 of November, 2011. 7 § 3. The election law is amended by adding a new section 2-122-a to 8 read as follows: 9 § 2-122-a. National convention; national party conference. 1. The 10 rules of the state committee of a party may provide that the delegates 11 and alternate delegates to a national convention or national party 12 conference be elected by a combination of all of the following methods: 13 a. By votes cast at a primary election for candidates for the office 14 of president of the United States in which the names of candidates for 15 such office appear on the ballot; 16 b. By votes cast at a primary election for candidates for the posi- 17 tions of delegate and alternate delegate to a national convention in 18 districts no larger than congressional districts; and 19 c. By the state committee or a committee of the state committee at a 20 meeting or convention called for such purpose as the rules of the party 21 may provide. 22 2. If the rules of a state committee adopted pursuant to the 23 provisions of this section provide for a primary election in which the 24 office of president of the United States appears on the ballot, desig- 25 nation of candidates for such office shall be made pursuant to the 26 provisions of sections 6-100, 6-118, 6-122 (except that such candidates 27 need not be citizens of New York but only citizens of the United 28 States), 6-130, 6-132 (except that references to a committee to fill 29 vacancies shall be deemed references to a committee to receive notices), 30 6-134, 6-144, the provisions with respect to declinations in subdivi- 31 sions one and two of section 6-146 (except that references to a commit- 32 tee to fill vacancies shall be deemed references to a committee to 33 receive notices), 6-154, and subdivision one and the provision with 34 respect to declinations in subdivision two of section 6-158 (except that 35 such candidates may decline such designations not later than February 36 thirteenth, two thousand twelve) of this chapter. The state board of 37 elections shall forthwith notify the appropriate county boards of 38 elections of any such declination filed. 39 3. Designating petitions, where required for candidates for the office 40 of president of the United States to be voted on by voters of the entire 41 state in a primary election, must be signed by not less than five thou- 42 sand of the then enrolled voters of the party in the state. 43 4. If the rules of a state committee provide for a primary election in 44 which the office of the president of the United States appears on the 45 ballot, in addition to the spaces on the ballot with the names of the 46 candidates designated for such office there may be a space with the word 47 "uncommitted." The "uncommitted" space shall be listed on the ballot 48 provided that a designating petition for such "uncommitted" space which 49 meets the same requirements as a petition designating a candidate for 50 the office of president of the United States is filed in the same manner 51 as is required for such a petition. 52 5. a. The form of a petition requesting that an "uncommitted" space be 53 listed on the ballot at a primary election for the office of president 54 of the United States held pursuant to the provisions of this section 55 shall be substantially as follows:A. 8363 3 1 I, the undersigned, do hereby state that I am a duly enrolled voter of 2 the .................... Party and entitled to vote at the next primary 3 election of such party to be held on the ...... day of 4 ............... 20..., that my place of residence is truly stated oppo- 5 site my signature hereto, and I do hereby request that an "uncommitted" 6 space be listed on the ballot at the primary election of such party for 7 the office of president of the United States. 8 b. The appointment of a committee to receive notices shall be in the 9 form prescribed for a petition for a opportunity to ballot. The signa- 10 tures on the petition with all the required information and the signed 11 statement of a witness or authentication by a person authorized to take 12 oaths shall be in the form prescribed for a designating petition for 13 such office. 14 6. a. If the rules of a state committee, adopted pursuant to the 15 provisions of this section, provide that the positions of delegate and 16 alternate delegate to a national convention appear on the ballot, desig- 17 nation of candidates for such positions shall be made pursuant to the 18 provisions of sections 6-100, 6-118, 6-122, 6-130, 6-132 (except that 19 references to a committee to fill vacancies shall be deemed references 20 to a committee to receive notices), 6-134, 6-144, the provisions with 21 respect to declinations in subdivisions one and two of section 6-146 22 (except that references to a committee to fill vacancies shall be 23 deemed references to a committee to receive notices), 6-147, 6-154, and 24 subdivision one and the provision with respect to declinations in subdi- 25 vision two and subdivision three of section 6-158 of this chapter. 26 b. Candidates for the positions of district delegate and alternate 27 district delegate to a national party convention pursuant to the 28 provisions of this section shall be enrolled members of such party and 29 residents of the district in which they are candidates. The congres- 30 sional districts used for the election of such delegates and alternate 31 delegates shall be those districts in effect for the two thousand ten 32 congressional elections unless new district lines developed pursuant to 33 the state's congressional redistricting based upon the two thousand ten 34 federal census have been enacted into law at least nineteen weeks before 35 the date of the presidential primary. 36 c. Designating petitions for candidates for such positions must be 37 signed by at least five hundred enrolled voters of the party residing in 38 the district in which such candidates are designated, or by at least 39 one-half of one percent (0.5%) of the then enrolled voters of such party 40 in such district, whichever is less. 41 d. The designating petition for any such candidate or candidates shall 42 have printed thereon prior to the affixing of any signatures thereto, a 43 legend naming the presidential candidate whom such candidates are 44 pledged to support, or a legend that such candidates are uncommitted. 45 Such legend shall be part of the title of such position. 46 e. No designating petition containing the names of more than one 47 candidate for either such position shall be valid unless all such candi- 48 dates for such positions have printed on such petition the legend that 49 they are pledged to the same presidential candidate or unless all such 50 candidates for such positions have printed on such petition the legend 51 that they are uncommitted. 52 f. No designating petition containing the names of more than one 53 candidate for either such position shall be presumptively valid unless 54 the candidates for delegate as a group and the candidates for alternate 55 as a group are equally divided between males and females, with a vari- 56 ance no greater than one.A. 8363 4 1 g. In the event that a designating petition is filed for candidates 2 for such positions listed as pledged to support a presidential candidate 3 or as uncommitted, and the name of such presidential candidate, or the 4 word uncommitted, will not appear on the ballot at the presidential 5 primary election in two thousand twelve, then the petition designating 6 such candidates for such positions shall be null and void and the names 7 of such candidates for such positions shall not appear on the ballot. 8 h. Every board of elections with which designating petitions are filed 9 pursuant to the provisions of this section shall, not later than four 10 days after the last day to file such petitions, file with the state 11 board of elections by express mail or by electronic transmission, a 12 complete list of all candidates for delegate and alternate delegate 13 together with their residence addresses, the districts in which they are 14 candidates and the name of the presidential candidate whom they are 15 pledged to support or that they are uncommitted. Such boards of 16 elections shall, not later than the day after a certificate of declina- 17 tion or substitution is filed with respect to any such candidate, file 18 such information with respect to such candidate with the state board of 19 elections by electronic transmission. 20 7. a. The rules of a state committee adopted pursuant to the 21 provisions of this section may provide that no candidate for the posi- 22 tions of delegate and alternate delegate may appear on the ballot as 23 pledged to support a particular presidential candidate, or as uncommit- 24 ted, unless the name of such candidate for such position appears on a 25 certificate listing the names of those candidates for such positions who 26 have filed statements of candidacy for such positions with the secretary 27 of the state committee within the time prescribed by such rules and who, 28 if their statements of candidacy contained a pledge of support of a 29 presidential candidate, were not rejected by such presidential candi- 30 date. Such certificate shall also list the address and sex of each such 31 candidate for delegate and alternate delegate and the district in which 32 such candidate may appear on the ballot. 33 b. Such certificate shall be filed by the secretary of such state 34 committee, with the board of elections with which the designating 35 petitions for such candidates for such positions are required to be 36 filed, not later than February twenty-first, two thousand twelve. 37 c. In the event that a designating petition for candidates for such 38 positions, listed as pledged to support a presidential candidate, 39 contains the names of one or more persons who have not been permitted by 40 such presidential candidate to appear on the ballot as so pledged pursu- 41 ant to the provisions of this section, then the names of such candidates 42 shall not appear on the ballot but the names of other candidates on such 43 petition who have been permitted by the presidential candidate to appear 44 on the ballot shall be placed on the ballot provided that such candi- 45 dates are otherwise eligible and that such petition is otherwise valid. 46 d. The state board of elections shall send a copy of the certificate 47 required by section 4-110 of this chapter to the secretary of the state 48 committee of each party conducting a primary pursuant to the provisions 49 of this section. Every other board of elections with which designating 50 petitions for delegate and alternate delegate were filed pursuant to the 51 provisions of this section shall, not later than March second, two thou- 52 sand twelve, send a list of the names and addresses of those candidates 53 who will appear on the ballot to the secretary of each such state 54 committee. 55 8. a. If the rules of a state committee adopted pursuant to the 56 provisions of this section provide for an election in which candidatesA. 8363 5 1 for the office of president of the United States and the word "uncommit- 2 ted" and candidates for the positions of delegate and alternate delegate 3 to a national convention appear on the ballot, such ballot shall be 4 arranged in the manner prescribed by this section. 5 b. The name of each candidate for the office of president of the 6 United States who has qualified to appear on the ballot and the word 7 "uncommitted," if a valid designating petition to place such word on the 8 ballot was filed with the state board of elections, shall appear in a 9 separate row or column. The names of all the candidates for delegate to 10 a national convention who filed designating petitions containing a 11 legend naming the presidential candidate whom they are pledged to 12 support or stating that they are uncommitted shall be listed in such row 13 or column immediately under or adjacent to the name of such presidential 14 candidate or the word "uncommitted," followed by the names of all candi- 15 dates for alternate delegate to such convention who filed such 16 petitions. If the number of candidates, or groups of candidates for 17 delegate and alternate delegate who are pledged to support a particular 18 presidential candidate or who are uncommitted is greater than the number 19 who may be listed in one row or column and if there are more rows or 20 columns available on the ballot than are required for the candidates for 21 president who have qualified to appear on the ballot, then the board of 22 elections shall use two rows or columns on such ballot to list the names 23 of such candidates for delegate and alternate delegate. 24 c. The order of the names of candidates for the office of president 25 and the word "uncommitted" on the ballot and the order of the names of 26 candidates for the positions of delegate or alternate delegate within a 27 particular row or column shall be determined pursuant to the provisions 28 of subdivision three of section 7-116 of this chapter except that names 29 of candidates for such positions who are designated by individual 30 petitions and not in a group shall have their positions determined by 31 lot in the same drawing as groups and except further that candidates or 32 groups of candidates for delegates and alternate delegates designated by 33 the same petition shall be treated as one group for the purposes of such 34 determination by lot. The provisions of subdivision six of such section 35 7-116 of this chapter shall not apply to any election conducted pursuant 36 to the provisions of this section. 37 d. Immediately following the name of each candidate for delegate and 38 alternate delegate on the ballot shall appear, in parenthesis, the 39 letter (M) if such candidate is male and the letter (F) if such candi- 40 date is female. 41 9. All primary elections conducted pursuant to the provisions of this 42 section shall be on voting machines. 43 10. Persons entitled to vote pursuant to section 11-200 of this chap- 44 ter shall be entitled to sign designating petitions for, and vote in, 45 any election held pursuant to the provisions of this section. 46 11. If the rules of a state committee provide for a primary election 47 in which the office of president of the United States and the positions 48 of delegate and alternate delegate to a national convention appear on 49 the ballot pursuant to the provisions of this section, the state board 50 of elections and the county boards of elections as the case may be shall 51 canvass the results of such primary election for such office and posi- 52 tions pursuant to the provisions of sections 9-200 and 9-202 of this 53 chapter, and shall certify to the secretary of the state committee of 54 such party the vote cast for each candidate for such office and posi- 55 tions in such primary election and the vote cast for the "uncommitted" 56 preference, tallied separately by congressional districts, except thatA. 8363 6 1 no candidate or "uncommitted" preference shall be certified as nominated 2 or elected to any such office or position. 3 12. Except as provided in this section and party rules and regu- 4 lations, all provisions of the election law, except any provisions of 5 section 2-122 of this article which are inconsistent with this section 6 and those sections and subdivisions of article six of this chapter not 7 specified in this section, shall apply to elections conducted pursuant 8 to this section. 9 § 4. The election law is amended by adding a new section 2-122-b to 10 read as follows: 11 § 2-122-b. Presidential primary. 1. Applicability. The selection of 12 delegates and alternate delegates from New York state to the national 13 convention of the Republican party in each year in which electors of 14 president and vice-president of the United States are to be elected 15 shall be conducted pursuant to the provisions of this section. The state 16 committee of any other political party may, by rule or resolution, opt 17 to conduct the selection of delegates and alternate delegates in any 18 such year in accordance with the provisions of this section. A certified 19 copy of such rule or resolution shall be filed with the state board of 20 elections no later than twenty weeks prior to the date of such election. 21 2. General provisions. The selection of delegates and alternate deleg- 22 ates to a national convention or conference of a political party pursu- 23 ant to this section shall be determined by the votes cast at a statewide 24 primary election for candidates for the office of president of the 25 United States in which the names of candidates for such office appear on 26 the ballot and the names of delegates and alternate delegates do not 27 appear on such ballot. The total number of delegates and alternate 28 delegates shall be determined by the call for the national convention. 29 Three delegates and three alternate delegates shall be elected from 30 every congressional district in the state, unless the rules of the 31 national Republication party and/or the call for the national convention 32 provide differently. The total number of delegates and alternate deleg- 33 ates as established by the call for the national convention minus the 34 number of delegates and alternate delegates to be elected from the 35 congressional districts shall be designated at-large delegates and 36 at-large alternate delegates. 37 A political party shall certify to the state board of elections, at 38 least twelve weeks prior to the date of the presidential primary, the 39 number of delegates to which such party is entitled pursuant to its 40 rules. 41 Congressional district delegates and alternate delegates shall be 42 elected at separate and distinct primary elections held within each 43 congressional district of the state. Congressional district delegates 44 shall be allocated to presidential candidates pursuant to subdivision 45 four of this section. At-Large delegates and alternate delegates shall 46 be elected by the state committee and allocated to presidential candi- 47 dates pursuant to subdivision five of this section. 48 3. Ballot access methods. Candidates shall be eligible to appear on 49 the ballot in a primary election of a political party for the office of 50 president of the United States pursuant to any of the following 51 provisions: 52 a. Any candidate who has been certified as eligible to receive presi- 53 dential primary matching fund payments pursuant to the provisions of 11 54 Code of Federal Regulations Part 9033, or any candidate who meets the 55 eligibility criteria regarding matchable contributions established in 11 56 Code of Federal Regulations Part 9033.2(b)(3) regardless of whether suchA. 8363 7 1 candidate actually applied for such matching fund payments, may request, 2 by certificate filed and received by the state board of elections no 3 sooner than twelve weeks and not later than nine weeks prior to the date 4 of the presidential primary, that the name of such candidate appear on 5 the ballot at the primary of such party in the state of New York for 6 that year. 7 b. Any candidate may request, by certificate filed and received by the 8 state board of elections no sooner than twelve weeks and not later than 9 nine weeks prior to the date of the presidential primary, that the name 10 of such candidate appear on the ballot at the primary of such party in 11 the state of New York for the office of president of the United States. 12 Such candidate shall be eligible to appear on the ballot of such party 13 in the state of New York at the primary election for that year if the 14 state board of elections determines that the person is a nationally 15 known and recognized candidate and the candidacy of such person for the 16 party nomination for president is generally and seriously advocated or 17 recognized according to reports in the national or state news media. 18 Notwithstanding any inconsistent provision of law to the contrary, a 19 request by a candidate to appear on the presidential primary ballot of a 20 major political party shall be determined solely upon a joint recommen- 21 dation by the commissioners of the state board of elections who have 22 been appointed on the recommendation of such political party or the 23 legislative leaders of such political party, and no other commissioner 24 of the state board of elections shall participate in such determination. 25 The state board of elections shall act upon any such request within two 26 weeks of its receipt by the state board. 27 c. Any candidate shall be eligible to appear on the ballot pursuant to 28 the provisions of article six of this chapter. Designating petitions 29 shall be signed by not less than five thousand or five percent, whichev- 30 er is less, of the then enrolled voters of the party in the state. 31 d. Any candidate meeting the requirements of paragraph a, b or c of 32 this subdivision, shall file a certificate with and have such certif- 33 icate received by the state board of elections no sooner than twelve 34 weeks and no later than nine weeks prior to the date of the primary 35 election on which their name will appear, providing a complete election 36 prioritized list of proposed congressional district delegates and 37 congressional district alternate delegates supporting and committed to 38 their presidential candidacy for each such position from the congres- 39 sional districts to be elected at the primary election. Each such 40 proposed congressional district delegate and congressional district 41 alternate delegate must be an enrolled member of the Republican party 42 and reside in the congressional district which they seek to represent. 43 The state board of elections shall review each such slate and if it 44 determines that such slate is not complete or is not otherwise in 45 compliance with the provisions of this paragraph, it shall notify the 46 presidential candidate of any defects forthwith and provide such presi- 47 dential candidate with five business days to cure any defects. A presi- 48 dential candidate eligible to appear on the primary ballot pursuant to 49 the provisions of paragraph a, b or c of this subdivision shall appear 50 on such primary ballot only upon the filing of a certificate in compli- 51 ance with the provisions of this paragraph. 52 e. Presidential candidates determined eligible to appear on the prima- 53 ry ballot may, by filing a certificate with the state board of elections 54 received no later than seven days before such primary election, invali- 55 date their candidacy thereby rendering any votes cast for such candi- 56 dates null and void and such votes shall not be counted toward statewideA. 8363 8 1 or congressional district vote totals for purposes of allocating deleg- 2 ates and alternate delegates pursuant to subdivisions four and five of 3 this section. 4 4. Election of delegates and alternate delegates from congressional 5 districts. a. Each congressional district shall conduct a separate and 6 distinct primary election. Enrolled Republican voters from a congres- 7 sional district shall vote for a presidential candidate who has quali- 8 fied for the primary ballot pursuant to subdivision three of this 9 section. 10 b. All three delegates and all three alternate delegates from a 11 congressional district shall be awarded to a presidential candidate who 12 receives a majority of the total votes cast for presidential candidates 13 in such congressional district. If no presidential candidate receives a 14 majority of the votes in a congressional district, the presidential 15 candidate receiving the most votes in the congressional district shall 16 be awarded two delegates and two alternate delegates and the presiden- 17 tial candidate who receives the second most votes in the congressional 18 district shall be awarded one delegate and one alternate delegate, 19 provided however, that a presidential candidate must receive at least 20 twenty percent of the total votes cast for presidential candidates in 21 the congressional district in order to be awarded any delegates and 22 alternate delegates from that congressional district. If only one presi- 23 dential candidate receives twenty percent or more of the total votes 24 cast for presidential candidates in a congressional district, such pres- 25 idential candidate shall be awarded all three delegates and all three 26 alternate delegates. If no presidential candidate receives twenty 27 percent or more of the total votes cast for presidential candidates in a 28 congressional district, the three delegate and three alternate delegate 29 positions from such district shall be deemed vacant and filled pursuant 30 to the rules of the national Republican party. 31 c. (i) If the rules of the national Republican party or the call for 32 the national convention permit and if state congressional redistricting 33 is not enacted prior to twelve weeks before the date of the presidential 34 primary and the state has a net loss of congressional districts follow- 35 ing reapportionment, two delegates and two alternate delegates shall be 36 elected from each of the pre-apportionment congressional districts. The 37 two delegates and the two alternate delegates from a congressional 38 district shall be awarded to the presidential candidate receiving the 39 most votes in the congressional district provided, however, that a pres- 40 idential candidate must receive at least twenty percent of the total 41 votes cast for presidential candidates in the congressional district in 42 order to be awarded any delegates and alternate delegates from that 43 congressional district. If no presidential candidate receives twenty 44 percent or more of the total votes cast for presidential candidates in a 45 congressional district, the two delegate and two alternate delegate 46 positions from such district shall be deemed vacant and filled pursuant 47 to the rules of the national Republican party. 48 (ii) If the provisions of subparagraph (i) of this paragraph are not 49 permitted by the rules of the national Republican party or the call for 50 the national convention, the New York Republican state committee may 51 adopt a party rule regarding the election of congressional district 52 delegates and congressional district alternate delegates to take effect 53 in the event that state congressional redistricting based upon the two 54 thousand ten congressional reapportionment is not enacted prior to 55 twelve weeks before the date of the two thousand twelve presidential 56 primary.A. 8363 9 1 5. Election of at large delegates and at large alternate delegates. 2 At-large delegates and at-large alternate delegates shall be elected by 3 the New York Republican state committee and awarded to presidential 4 candidates based upon the statewide vote results of the presidential 5 primary election. All at-large delegates and at-large alternate deleg- 6 ates shall be awarded to a presidential candidate who receives a majori- 7 ty of the statewide total votes cast for presidential candidates. If no 8 presidential candidate receives a majority of the statewide total votes 9 cast for presidential candidates, at-large delegates and at-large alter- 10 nate delegates shall be allocated and awarded as follows: based on the 11 ratio of the total statewide vote received by each presidential candi- 12 date in relation to the total statewide vote for all presidential candi- 13 dates receiving at least twenty percent of the statewide vote in the 14 presidential primary election, the New York Republican state committee 15 shall apportion pro-rata the number of at-large delegates and at-large 16 alternate delegates that each presidential candidate is entitled to 17 receive rounded to the nearest whole number: provided however, that a 18 presidential candidate must receive at least twenty percent of the total 19 statewide vote of the presidential primary election in order to be 20 awarded any at-large delegates by the New York Republican state commit- 21 tee. In the event the pro-rata apportionment of delegates leaves one or 22 more delegates unawarded by process of mathematical distribution, then 23 any such delegate or delegates, shall be awarded to the presidential 24 candidate with the most statewide votes for all presidential candidates. 25 In the event pro-rata apportionment entitles presidential candidates by 26 process of mathematical distribution to more delegates than are author- 27 ized pursuant to the rules of the national Republican party and the call 28 for the national convention, then the number of delegates awarded for 29 the candidate receiving the least statewide votes among those presiden- 30 tial candidates otherwise entitled to be awarded delegates, shall be 31 decreased to the extent necessary to conform to the number of authorized 32 delegate positions. 33 6. All provisions of this chapter which are not inconsistent with this 34 section shall be applicable to a primary election conducted pursuant to 35 this section. 36 § 5. Section 6-158 of the election law is amended by adding a new 37 subdivision 1-a to read as follows: 38 1-a. A designating petition filed for a presidential primary election 39 shall be filed not earlier than the twelfth Monday before, and not later 40 than the eleventh Thursday preceding the presidential primary election. 41 § 6. Section 4-110 of the election law, as amended by chapter 434 of 42 the laws of 1984, is amended to read as follows: 43 § 4-110. Certification of primary election candidates; state board of 44 elections. The state board of elections not later than thirty-six days 45 before a primary election or fifty-four days before a presidential 46 primary election, shall certify to each county board of elections: The 47 name and residence of each candidate to be voted for within the poli- 48 tical subdivision of such board for whom a designation has been filed 49 with the state board; the title of the office or position for which the 50 candidate is designated; the name of the party upon whose primary ballot 51 his name is to be placed; and the order in which the names of the candi- 52 dates are to be printed as determined by the state board. Where an 53 office or position is uncontested, such certification shall state such 54 fact. 55 § 7. Section 4-114 of the election law, as amended by chapter 4 of the 56 laws of 2011, is amended to read as follows:A. 8363 10 1 § 4-114. Determination of candidates and questions; county board of 2 elections. The county board of elections, not later than the thirty- 3 fifth day before the day of a primary or general election, or the 4 fifty-third day before a special election or presidential primary 5 election, shall determine the candidates duly nominated for public 6 office and the questions that shall appear on the ballot within the 7 jurisdiction of that board of elections. 8 § 8. Paragraph (a) of subdivision 1 of section 10-108 of the election 9 law, as amended by chapter 4 of the laws of 2011, is amended to read as 10 follows: 11 (a) Ballots for military voters shall be mailed or otherwise distrib- 12 uted by the board of elections, in accordance with the preferred method 13 of transmission designated by the voter pursuant to section 10-107 of 14 this article, as soon as practicable but in any event not later than 15 thirty-two days before a primary or general election; twenty-five days 16 before a New York city community school board district or city of 17 Buffalo school district election; fourteen days before a village 18 election conducted by the board of elections; and forty-five days before 19 a special election or presidential primary election. A voter who submits 20 a military ballot application shall be entitled to a military ballot 21 thereafter for each subsequent election through and including the next 22 two regularly scheduled general elections held in even numbered years, 23 including any run-offs which may occur; provided, however, such applica- 24 tion shall not be valid for any election held within seven days after 25 its receipt. Ballots shall also be mailed to any qualified military 26 voter who is already registered and who requests such military ballot 27 from such board of elections in a letter, which is signed by the voter 28 and received by the board of elections not later than the seventh day 29 before the election for which the ballot is requested and which states 30 the address where the voter is registered and the address to which the 31 ballot is to be mailed. The board of elections shall enclose with such 32 ballot a form of application for military ballot. In the case of a 33 primary election, the board shall deliver only the ballot of the party 34 with which the military voter is enrolled according to the military 35 voter's registration records. In the event a primary election is uncon- 36 tested in the military voter's election district for all offices or 37 positions except the party position of member of the ward, town, city or 38 county committee, no ballot shall be delivered to such military voter 39 for such election; and the military voter shall be advised of the reason 40 why he or she will not receive a ballot. 41 § 9. Subdivision 4 of section 11-204 of the election law, as amended 42 by chapter 4 of the laws of 2011, is amended to read as follows: 43 4. If the board of elections shall determine that the applicant making 44 the application provided for in this section is qualified to receive and 45 vote a special federal ballot, it shall, as soon as practicable after it 46 shall have so determined, or not later than thirty-two days before each 47 general or primary election and forty-five days before each special 48 election or presidential primary election in which such applicant is 49 qualified to vote, or three days after receipt of such an application, 50 whichever is later, mail to him or her at the residence address outside 51 the United States shown in his or her application, a special federal 52 ballot, an inner affirmation envelope and an outer envelope, or other- 53 wise distribute same to the voter in accordance with the preferred meth- 54 od of transmission designated by the voter pursuant to section 11-203 of 55 this title. The board of elections shall also mail, or otherwise 56 distribute in accordance with the preferred method of transmissionA. 8363 11 1 designated by the voter pursuant to section 11-203 of this title, a 2 special federal ballot to every qualified special federal voter who is 3 already registered and who requests such special federal ballot from 4 such board of elections in a letter, which is signed by the voter and 5 received by the board of elections not later than the seventh day before 6 the election for which the ballot is first requested and which states 7 the address where the voter is registered and the address to which the 8 ballot is to be mailed. The board of elections shall enclose with such 9 ballot a form of application for a special federal ballot. 10 § 10. Separability. If any sentence, clause, subparagraph, paragraph, 11 subdivision, section or other part of this act, or the application ther- 12 eof to any party, person or circumstances shall be held or adjudged by 13 any court of competent jurisdiction to be invalid, such holding or judg- 14 ment shall not affect, impair or invalidate the remainder or any portion 15 of the remainder of this act, or the application of such section or part 16 of a section held or adjudged to be invalid, to any other person or 17 circumstances, but shall be confined in its operation to the sentence, 18 clause, subparagraph, paragraph, subdivision, section or other part of 19 this act directly involved in the controversy in which such holding or 20 judgment shall have been rendered, or to the party, person and circum- 21 stances therein involved. 22 § 11. This act shall take effect immediately; except that if this act 23 shall become a law after July 1, 2011, it shall take effect immediately 24 and shall be deemed to have been in full force and effect on and after 25 July 1, 2011; and shall expire December 31, 2012 when upon such date the 26 provisions of this act shall be deemed repealed.