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A02010 Summary:

BILL NOA02010
 
SAME ASSAME AS UNI. S01510
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2019-2020 state fiscal year; requires that candidates for governor, lieutenant governor, attorney general and comptroller file with the state board of elections a copy of the ten most recent income tax returns and that candidates for state senate and assembly file the five most recent income tax returns (Part A); establishes contribution limits and a public campaign financing system, establishes the New York state campaign finance fund and establishes a New York state campaign finance fund check-off (Part B); enacts the "Voter Enfranchisement Modernization Act of 2019"; relates to establishing the electronic personal voter registration process; provides for online voter registration (Part C); implements early voting and accessibility to polling places (Part D); combines primary elections and amends certain deadlines to facilitate the timely transmission of ballots to military voters stationed overseas; relates to filling vacancies in elective offices; relates to the date of primary elections (Subpart A); relates to primary election vacancies in elective offices and judicial proceedings for designating or nominating petitions (Subpart B) (Part E); includes limited liability companies on the list of organizations not permitted to provide money or property to assist a political party, committee or organization (Part F); provides for integrated personal voter registration applications (Part G); relates to time allowed for employees to vote (Part H); provides uniform polling hours during primary elections (Part I); provides for the pre-registration of voters (Part J); prohibits vendors engaged in procurements with the state from making campaign contributions to elected officials (Part K); provides for automatic voter registration updates for any voter who moves anywhere within New York state (Part L); prohibits certain loans to be made to candidates on political committees (Part M); authorizes counties to employ computer generated registration lists; updates the list of supplies to be delivered to poll sites (Part N); requires lobbyists to file fundraising reports disclosing any fundraising activities which the lobbyist participates in (Part O); prohibits certain lobbyists from engaging in political consulting for state public officials or candidates for office, and prohibits political consultants or anyone they are affiliated with from lobbying state officers; requires election financial disclosure statements to include a listing of all political consulting services provided to a campaign (Part P); requires disclosures for certain nonprofits (Part Q); lowers the monetary disclosure threshold to a value in excess of $500 for lobbyists to report prior relationships with agencies or elected officials and to lowering the monetary disclosure threshold to a value in excess of $500 for lobbyists to biennially file statements of registration (Part R); increases penalties for lobbyists who are convicted of a crime (Part S); increases the length of the existing bar on the appearance and practice of former state officers or employees, members of the legislature and members of the executive chamber (Part T); prohibits staff of elected state officials including state senators and members of the assembly to perform volunteer services for the election campaigns of such officials (Part U); relates to advisory opinions on outside income of members of the legislature and financial disclosures of certain municipal officers (Part V); creates a lobbyist code of conduct and provides for enforcement of such code (Part W); relates to motor vehicle voter registration and repeals section 5-212 of the election law relating thereto (Part X).
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A02010 Actions:

BILL NOA02010
 
01/18/2019referred to ways and means
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A02010 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1510                                                  A. 2010
 
                SENATE - ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means

        AN  ACT  to  amend  the  election  law, in relation to requiring certain
          candidates to disclose tax returns (Part A);  to  amend  the  election
          law,  in  relation  to  establishing  contribution limits and a public
          campaign financing system; to amend the state finance law, in relation
          to establishing the New York state campaign finance fund; and to amend
          the tax law, in relation to establishing a  New  York  state  campaign
          finance fund checkoff (Part B); to amend the election law, in relation
          to  enacting  the  Voter Enfranchisement Modernization Act of 2019; in
          relation to establishing the electronic  personal  voter  registration
          process  (Part  C);  to  amend  the election law, in relation to early
          voting implementation (Part D); to amend the election law, in relation
          to primary elections and amending certain deadlines to facilitate  the
          timely  transmission of ballots to military voters stationed overseas;
          to amend the election law, in relation to date of  primary  elections;
          to  amend  the  election  law,  in  relation  to  canvass and audit of
          returns; and to amend the public officers law, in relation to  filling
          vacancies  in elective offices (Subpart A); to amend the election law,
          in relation to vacancies for elective offices; to judicial proceedings
          for designating or nominating petitions and to ballots for primary and
          general elections (Subpart B)(Part E); to amend the election  law,  in
          relation  to  political  contributions  by limited liability companies
          (Part F); to  amend  the  election  law,  in  relation  to  integrated
          personal  voter  registration  applications  (Part  G);  to  amend the
          election law, in relation to time allowed for employees to vote  (Part
          H);  to amend the election law, in relation to providing uniform poll-
          ing hours during primary elections (Part I);  to  amend  the  election
          law, in relation to providing for the pre-registration of voters (Part
          J);  to  amend  the  election  law, in relation to prohibiting vendors
          engaged in procurements with the state from making  campaign  contrib-
          utions  to  elected  officials (Part K); to amend the election law, in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12575-01-9

        S. 1510                             2                            A. 2010
 
          relation to implementing automatic voter registration updates for  any
          voter  who  moves  anywhere  within  the  state (Part L); to amend the
          election law, in relation to prohibiting certain loans to be  made  to
          candidates  or  political  committees  (Part M); to amend the election
          law, in relation to authorizing computer generated registration lists;
          in relation to the list of supplies to  be  delivered  to  poll  sites
          (Part  N);  to  amend  the  legislative law, in relation to disclosing
          lobbyist filing of campaign contributions, solicitations  of  contrib-
          utions, and political consulting reports (Part O); to amend the legis-
          lative  law,  in  relation  to  prohibiting lobbyists from engaging in
          political consulting for candidates for and holders  of  state  office
          and  prohibiting certain political consultants from engaging in lobby-
          ing; and to amend the election  law,  in  relation  to  requiring  the
          reporting  of the provision of political consulting services (Part P);
          to amend the executive law, in relation to disclosure requirements for
          certain nonprofits (Part Q); to amend the legislative law, in relation
          to lowering the monetary disclosure threshold for lobbyists to  report
          prior  relationships  with  agencies  or elected officials and to file
          statements of registration (Part R); to amend the legislative  law  to
          increase  penalties  for  lobbyists who are convicted of a crime (Part
          S); to amend the public officers law, in relation  to  increasing  the
          length  of  the  existing bar on the appearance and practice of former
          state officers or employees, members of the legislature and members of
          the executive chamber (Part T); to amend the  civil  service  law,  in
          relation  to  prohibiting  staff of elected state officials to perform
          volunteer services for the election campaigns of such officials  (Part
          U);  to  amend  the  executive  law  and the general municipal law, in
          relation to requiring the financial disclosures of certain local offi-
          cials (Part V); to amend the legislative law, in relation to  creating
          and  enforcing  a code of conduct for lobbyists (Part W); and to amend
          the election law, in relation to motor vehicle voter registration; and
          to repeal section 5-212 of the election law relating thereto (Part X)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through X. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part.   Any provision in  any  section  contained  within  a  Part,
     7  including  the  effective  date  of the Part, which makes reference to a
     8  section "of this act", when used  in  connection  with  that  particular
     9  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1.  The election law is amended by adding a new section  6-170
    14  to read as follows:
    15    § 6-170. Disclosure of tax returns by candidates for public office. 1.
    16  Not  later  than sixty days before a general election, any candidate for
    17  the office of governor, lieutenant  governor,  attorney  general,  comp-

        S. 1510                             3                            A. 2010
 
     1  troller,  state senator, and member of the assembly, other than a write-
     2  in candidate, shall:
     3    (a)  file  with the state board of elections copies of the federal and
     4  New York state income tax returns, of such candidate for  at  least  the
     5  ten  most recent taxable years for which such returns have been filed if
     6  such candidate is a candidate for statewide office, and for at least the
     7  five most recent taxable years for which such returns have been filed if
     8  such candidate is a candidate for state senator or member of the  assem-
     9  bly; and
    10    (b) provide written consent to the commissioners of the state board of
    11  elections,  in  such  form  as shall be prescribed by the state board of
    12  elections, for the public disclosure of such returns pursuant to  subdi-
    13  vision two of this section.
    14    2.  Income  tax  returns  filed with the state board of elections by a
    15  candidate pursuant to subdivision one of  this  section  shall  be  made
    16  publicly  available  on  the  website of the state board of elections no
    17  later than seven days after such income tax  returns  have  been  filed,
    18  subject  to  such  redaction as may be warranted pursuant to subdivision
    19  three of this section.
    20    3. Prior to making any income tax return filed pursuant to subdivision
    21  one of this section public, the state board of  elections  shall  redact
    22  such  information as the board, in consultation with the commissioner of
    23  taxation and finance or  his  or  her  delegate,  deems  appropriate  or
    24  required  by  law.  The  candidate shall be entitled to request that the
    25  board make particular redactions at the time that  the  candidate  files
    26  the  returns with the board pursuant to paragraph (a) of subdivision one
    27  of this section.
    28    4. Notwithstanding any other section of law  to  the  contrary,  if  a
    29  candidate  has  not  timely  filed with the state board of elections the
    30  income tax returns and written consent required by  subdivision  one  of
    31  this  section,  the name of such candidate shall not be printed upon the
    32  official ballot for the general election.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART B
 
    35    Section 1. Section 14-100 of the election law is amended by adding two
    36  new subdivisions 18 and 19 to read as follows:
    37    18. "Intermediary" shall mean an individual, corporation, partnership,
    38  political  committee,  employee  organization  or  other  entity   which
    39  bundles,  causes  to be delivered or otherwise delivers any contribution
    40  from another person or entity to a candidate  or  authorized  committee,
    41  other  than  in  the regular course of business as a postal, delivery or
    42  messenger service. Provided, however, that an "intermediary"  shall  not
    43  include spouses, domestic partners, parents, children or siblings of the
    44  person  making  such  contribution or a staff member or volunteer of the
    45  campaign identified in writing to the state board of elections. As  used
    46  in  this  subdivision  "causes  to be delivered" shall include providing
    47  postage, envelopes or other shipping materials for the use of delivering
    48  the contribution to the ultimate recipient.
    49    19. "authorized committee" means the single political committee desig-
    50  nated by a candidate to receive all  contributions  authorized  by  this
    51  title.
    52    §  2.  Subdivision 1 of section 14-102 of the election law, as amended
    53  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
    54  amended to read as follows:

        S. 1510                             4                            A. 2010

     1    1.  The  treasurer of every political committee which, or any officer,
     2  member or agent of any  such  committee  who,  in  connection  with  any
     3  election,  receives  or  expends  any  money  or other valuable thing or
     4  incurs any liability to pay money or its equivalent  shall  file  state-
     5  ments  sworn,  or subscribed and bearing a form notice that false state-
     6  ments made therein are punishable as a class A misdemeanor  pursuant  to
     7  section  210.45 of the penal law, at the times prescribed by this [arti-
     8  cle] title setting forth all the  receipts,  contributions  to  and  the
     9  expenditures  by  and liabilities of the committee, and of its officers,
    10  members and agents in its behalf.  Such  statements  shall  include  the
    11  dollar  amount  of  any  receipt,  contribution or transfer, or the fair
    12  market value of any receipt, contribution or transfer,  which  is  other
    13  than  of  money,  the  name  and address of the transferor, contributor,
    14  intermediary, or person from  whom  received,  and  if  the  transferor,
    15  contributor,  intermediary, or person is a political committee; the name
    16  of and the political unit represented by the committee, the date of  its
    17  receipt, the dollar amount of every expenditure, the name and address of
    18  the  person  to  whom  it was made or the name of and the political unit
    19  represented by the committee to which it was made and the date  thereof,
    20  and shall state clearly the purpose of such expenditure. An intermediary
    21  need  not  be  reported  for  a  contribution  that was collected from a
    22  contributor in connection with a party or other candidate-related  event
    23  held  at the residence of the person delivering the contribution, unless
    24  the expenses of such event at such residence for such  candidate  exceed
    25  five  hundred  dollars or the aggregate contributions received from that
    26  contributor at such event exceed five  hundred  dollars.  Any  statement
    27  reporting  a  loan  shall  have attached to it a copy of the evidence of
    28  indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
    29  specifically  accounted  for  by  separate items in said statements, and
    30  receipts  and  contributions  aggregating  not  more  than   ninety-nine
    31  dollars, from any one contributor need not be specifically accounted for
    32  by  separate  items  in  said  statements,  provided  however, that such
    33  expenditures, receipts and contributions shall be subject to  the  other
    34  provisions of section 14-118 of this [article] title.
    35    §  3.  Subdivision 3 of section 14-124 of the election law, as amended
    36  by section 1 of part B of chapter 286 of the laws of 2016, is amended to
    37  read as follows:
    38    3. The contribution and receipt limits of this article shall not apply
    39  to monies received and expenditures made by a party committee or consti-
    40  tuted committee to maintain a permanent headquarters and staff and carry
    41  on ordinary activities which are not for the express purpose of  promot-
    42  ing the candidacy of specific candidates, except that contributions made
    43  for  such activities to a party committee or constituted committee shall
    44  be limited to twenty-five thousand dollars in the  aggregate  from  each
    45  contributor  in  each  year; provided that such monies described in this
    46  subdivision shall be deposited in a segregated account.
    47    § 4. Subdivision 2 of section 14-108 of the election law,  as  amended
    48  by chapter 109 of the laws of 1997, is amended to read as follows:
    49    2.  Each  statement  shall  cover  the  period up to and including the
    50  fourth day next preceding the day specified  for  the  filing  thereof[;
    51  provided,  however,  that].  The  receipt of any contribution or loan in
    52  excess of one thousand dollars shall be disclosed within sixty  days  of
    53  receipt.  If  such  contribution or loan would not otherwise be reported
    54  within sixty days of receipt on the next applicable statement, then  the
    55  contribution  or  loan shall be separately reported within sixty days of
    56  receipt in the same manner as any other contribution or loan.   However,

        S. 1510                             5                            A. 2010
 
     1  any  contribution or loan in excess of one thousand dollars, if received
     2  after the close of the period to be covered in the last statement  filed
     3  before  any  primary,  general  or  special  election  but  before  such
     4  election,  shall be reported, in the same manner as other contributions,
     5  within twenty-four hours after receipt.
     6    § 5. The article heading of article 14 of the election law is  amended
     7  to read as follows:
     8            CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
     9    §  6.  Subdivisions  1  and  10 of section 14-114 of the election law,
    10  subdivision 1 as amended and subdivision 10 as added by  chapter  79  of
    11  the  laws  of 1992 and paragraphs a and b of subdivision 1 as amended by
    12  chapter 659 of the laws of 1994, are amended to read as follows:
    13    1. The following limitations apply to all contributions to  candidates
    14  for election to any public office or for nomination for any such office,
    15  or  for  election  to  any  party positions, and to all contributions to
    16  political committees working directly or indirectly with  any  candidate
    17  to  aid or participate in such candidate's nomination or election, other
    18  than any contributions to any party committee or constituted committee:
    19    a. In any election for a public office to be voted on by the voters of
    20  the entire state, or for nomination to any such office,  no  contributor
    21  may  make a contribution to any candidate or political committee partic-
    22  ipating in the state's public  campaign  financing  system  pursuant  to
    23  title  two of this article, and no such candidate or political committee
    24  may accept any contribution from any contributor, which is in the aggre-
    25  gate amount greater than:  (i) in the case of any nomination  to  public
    26  office, the product of the total number of enrolled voters in the candi-
    27  date's  party  in the state, excluding voters in inactive status, multi-
    28  plied by $.005, but such amount shall be not [less  than  four  thousand
    29  dollars  nor]  more  than [twelve] six thousand dollars [as increased or
    30  decreased by the cost of living adjustment described in paragraph  c  of
    31  this  subdivision,]  and  (ii)  in  the case of any election to [a] such
    32  public office, [twenty-five]  six  thousand  dollars  [as  increased  or
    33  decreased  by  the cost of living adjustment described in paragraph c of
    34  this subdivision]; provided however, that the maximum amount  which  may
    35  be  so  contributed  or accepted, in the aggregate, from any candidate's
    36  child, parent, grandparent, brother and sister, and the  spouse  of  any
    37  such  persons,  shall not exceed in the case of any nomination to public
    38  office an amount equivalent to the product of  the  number  of  enrolled
    39  voters  in the candidate's party in the state, excluding voters in inac-
    40  tive status, multiplied by $.025, and in the case of any election for  a
    41  public  office,  an  amount  equivalent  to the product of the number of
    42  registered voters in the state  excluding  voters  in  inactive  status,
    43  multiplied by $.025.
    44    b.  In  any  other  election  for  party position or for election to a
    45  public office or for nomination for any such office, no contributor  may
    46  make  a contribution to any candidate or political committee participat-
    47  ing in the state's public campaign financing system  pursuant  to  title
    48  two  of  this  article  (for  those offices or positions covered by that
    49  system) and no such candidate or  political  committee  may  accept  any
    50  contribution  from  any  contributor,  which  is in the aggregate amount
    51  greater than: (i) in the case of any election for party position, or for
    52  nomination to public office, the product of the total number of enrolled
    53  voters in the candidate's party in the district in which he is a  candi-
    54  date,  excluding voters in inactive status, multiplied by $.05, and (ii)
    55  in the case of any election for a public  office,  the  product  of  the
    56  total  number  of registered voters in the district, excluding voters in

        S. 1510                             6                            A. 2010
 
     1  inactive status, multiplied by $.05, [however in the  case  of  a  nomi-
     2  nation within the city of New York for the office of mayor, public advo-
     3  cate  or  comptroller,  such amount shall be not less than four thousand
     4  dollars  nor more than twelve thousand dollars as increased or decreased
     5  by the cost of living adjustment described in paragraph [c]  e  of  this
     6  subdivision;  in the case of an election within the city of New York for
     7  the office of mayor, public advocate or comptroller,  twenty-five  thou-
     8  sand  dollars as increased or decreased by the cost of living adjustment
     9  described in paragraph [c] e of this subdivision;]  in  the  case  of  a
    10  nomination  or  election  for  state  senator, four thousand dollars [as
    11  increased or decreased by the cost of  living  adjustment  described  in
    12  paragraph  c  of  this subdivision; in the case of an election for state
    13  senator,  six  thousand  two  hundred  fifty  dollars  as  increased  or
    14  decreased  by  the cost of living adjustment described in paragraph c of
    15  this subdivision]; in the case of an election or nomination for a member
    16  of  the  assembly,  [twenty-five  hundred]  two  thousand  dollars   [as
    17  increased  or  decreased  by  the cost of living adjustment described in
    18  paragraph c of this subdivision; but in no event shall any such  maximum
    19  exceed  fifty  thousand  dollars  or be less than one thousand dollars];
    20  provided however, that the maximum amount which may be so contributed or
    21  accepted, in the aggregate, from any candidate's child,  parent,  grand-
    22  parent,  brother  and  sister, and the spouse of any such persons, shall
    23  not exceed in the case of any election for party position or  nomination
    24  for  public office an amount equivalent to the number of enrolled voters
    25  in the candidate's party in the district in which  he  is  a  candidate,
    26  excluding  voters in inactive status, multiplied by $.25 and in the case
    27  of any election to public office, an amount equivalent to the number  of
    28  registered  voters in the district, excluding voters in inactive status,
    29  multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
    30  er, or in the case of a nomination or election of a state senator, twen-
    31  ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
    32  nation  or  election  of  a member of the assembly, twelve thousand five
    33  hundred dollars, whichever is greater, but in no event  shall  any  such
    34  maximum exceed one hundred thousand dollars.
    35    c.    In any election for a public office to be voted on by the voters
    36  of the entire state, or for nomination to any such office, no  contribu-
    37  tor  may  make a contribution to any candidate or political committee in
    38  connection with a candidate who is  not  a  participating  candidate  as
    39  defined in subdivision fourteen of section 14-200-a of this article, and
    40  no  such  candidate  or  political committee may accept any contribution
    41  from any contributor, which is in the  aggregate  amount  greater  than:
    42  (i)  in  the case of any nomination to public office, the product of the
    43  total number of enrolled voters in the candidate's party in  the  state,
    44  excluding  voters  in  inactive  status,  multiplied  by $.005, but such
    45  amount shall be not less than four thousand dollars nor  more  than  ten
    46  thousand  dollars,  and  (ii)  in  the  case of any election to a public
    47  office, fifteen thousand dollars; provided  however,  that  the  maximum
    48  amount  which  may be so contributed or accepted, in the aggregate, from
    49  any candidate's child, parent, grandparent, brother and sister, and  the
    50  spouse  of  any  such persons, shall not exceed in the case of any nomi-
    51  nation to public office an amount  equivalent  to  the  product  of  the
    52  number of enrolled voters in the candidate's party in the state, exclud-
    53  ing  voters  in inactive status, multiplied by $.025, and in the case of
    54  any election for a public office, an amount equivalent to the product of
    55  the number of registered voters in the state excluding voters  in  inac-
    56  tive status, multiplied by $.025.

        S. 1510                             7                            A. 2010
 
     1    d.  In  any  other  election  for  party position or for election to a
     2  public office or for nomination for any such office, no contributor  may
     3  make   a  contribution  to  any  candidate  or  political  committee  in
     4  connection with a candidate who is  not  a  participating  candidate  as
     5  defined  in subdivision fourteen of section 14-200-a of this article and
     6  no such candidate or political committee  may  accept  any  contribution
     7  from any contributor, which is in the aggregate amount greater than: (i)
     8  in  the  case  of  any election for party position, or for nomination to
     9  public office, the product of the total number of enrolled voters in the
    10  candidate's party in the district in which he is a candidate,  excluding
    11  voters  in  inactive status, multiplied by $.05, and (ii) in the case of
    12  any election for a public office, the product of  the  total  number  of
    13  registered  voters in the district, excluding voters in inactive status,
    14  multiplied by $.05, however in the case of a nomination within the  city
    15  of  New  York  for  the office of mayor, public advocate or comptroller,
    16  such amount shall be not less than four thousand dollars nor  more  than
    17  twelve  thousand dollars as increased or decreased by the cost of living
    18  adjustment described in paragraph e of this subdivision; in the case  of
    19  an  election within the city of New York for the office of mayor, public
    20  advocate or comptroller, twenty-five thousand dollars  as  increased  or
    21  decreased  by  the cost of living adjustment described in paragraph e of
    22  this subdivision; in the case of a  nomination  or  election  for  state
    23  senator, five thousand dollars; in the case of an election or nomination
    24  for  a member of the assembly, three thousand dollars; provided however,
    25  that the maximum amount which may be so contributed or accepted, in  the
    26  aggregate,  from any candidate's child, parent, grandparent, brother and
    27  sister, and the spouse of any such persons, shall not exceed in the case
    28  of any election for party position or nomination for  public  office  an
    29  amount  equivalent  to  the number of enrolled voters in the candidate's
    30  party in the district in which he is a candidate,  excluding  voters  in
    31  inactive  status,  multiplied by $.25 and in the case of any election to
    32  public office, an amount equivalent to the number of  registered  voters
    33  in  the  district,  excluding  voters  in inactive status, multiplied by
    34  $.25; or twelve hundred fifty dollars, whichever is greater, or  in  the
    35  case  of  a  nomination  or election of a state senator, twenty thousand
    36  dollars, whichever is greater,  or  in  the  case  of  a  nomination  or
    37  election  of  a  member  of  the  assembly, twelve thousand five hundred
    38  dollars, whichever is greater, but in no event shall  any  such  maximum
    39  exceed one hundred thousand dollars.
    40    e. At the beginning of each fourth calendar year, commencing in [nine-
    41  teen hundred ninety-five] two thousand twenty-two, the state board shall
    42  determine  the  percentage  of  the  difference  between the most recent
    43  available monthly consumer price index for all urban consumers published
    44  by the United States bureau of labor statistics and such consumer  price
    45  index  published for the same month four years previously. The amount of
    46  each contribution limit fixed and expressly identified for adjustment in
    47  this subdivision shall be adjusted by  the  amount  of  such  percentage
    48  difference  to the closest one hundred dollars by the state board which,
    49  not later than the first day of February in each such year, shall  issue
    50  a regulation publishing the amount of each such contribution limit. Each
    51  contribution  limit  as  so  adjusted shall be the contribution limit in
    52  effect for any election held before the next such adjustment.
    53    f. Each party or constituted committee may transfer to,  or  spend  to
    54  elect or oppose a candidate, or transfer to another party or constituted
    55  committee,  no more than five thousand dollars per election, except that
    56  such committee may in addition to such transfers or expenditures:

        S. 1510                             8                            A. 2010
 
     1    (i) in a general or special election transfer to, or spend to elect or
     2  oppose a candidate, no more than five hundred dollars received from each
     3  contributor; and
     4    (ii)  in  any  election  spend  without  limitation  for non-candidate
     5  expenditures not designed or intended to elect a particular candidate or
     6  candidates.
     7    g. Notwithstanding any  other  contribution  limit  in  this  section,
     8  participating  candidates  as defined in subdivision fourteen of section
     9  14-200-a of this article may contribute, out of their own  money,  three
    10  times  the applicable contribution limit to their own authorized commit-
    11  tee.
    12    10. [a.] No contributor may make a contribution to a party or  consti-
    13  tuted committee and no such committee may accept a contribution from any
    14  contributor which, in the aggregate, is greater than [sixty-two thousand
    15  five hundred] twenty-five thousand dollars per annum.
    16    [b. At the beginning of each fourth calendar year, commencing in nine-
    17  teen hundred ninety-five, the state board shall determine the percentage
    18  of  the  difference  between  the most recent available monthly consumer
    19  price index for all urban  consumers  published  by  the  United  States
    20  bureau  of  labor statistics and such consumer price index published for
    21  the same month four years previously. The amount  of  such  contribution
    22  limit  fixed in paragraph a of this subdivision shall be adjusted by the
    23  amount of such percentage difference to the closest one hundred  dollars
    24  by  the  state  board which, not later than the first day of February in
    25  each such year, shall issue a regulation publishing the amount  of  such
    26  contribution  limit. Such contribution limit as so adjusted shall be the
    27  contribution limit in effect for any election held before the next  such
    28  adjustment.]
    29    §  7. Sections 14-100 through 14-132 of article 14 of the election law
    30  are designated title I and a new title  heading  is  added  to  read  as
    31  follows:
 
    32                     CAMPAIGN RECEIPTS AND EXPENDITURES

    33    §  8.  Article 14 of the election law is amended by adding a new title
    34  II to read as follows:
    35                                  TITLE II
    36                              PUBLIC FINANCING
    37  Section 14-200.   Legislative findings and intent.
    38          14-200-a. Definitions.
    39          14-201.   Reporting requirements.
    40          14-202.   Contributions.
    41          14-203.   Proof of compliance.
    42          14-204.   Eligibility.
    43          14-205.   Limits on public financing.
    44          14-206.   Payment of public matching funds.
    45          14-207.   Use  of  public  matching  funds;  qualified  campaign
    46                      expenditures.
    47          14-208.   Powers and duties of the board.
    48          14-209.   Audits and repayments.
    49          14-210.   Enforcement  and  penalties  for  violations and other
    50                      proceedings.
    51          14-211.   Reports.
    52          14-212.   Debates for candidates for statewide office.
    53          14-213.   Severability.

        S. 1510                             9                            A. 2010
 
     1    § 14-200. Legislative findings and intent.  The legislature finds that
     2  reform of New York state's campaign finance system is crucial to improv-
     3  ing public confidence in the state's democratic processes and continuing
     4  to ensure a government that is accountable to all of the voters  of  the
     5  state  regardless  of wealth or position. The legislature finds that New
     6  York's current system of campaign finance, with its large  contributions
     7  to candidates for office and party committees, has created the potential
     8  for  and  the  appearance of corruption.   The legislature further finds
     9  that, whether or not this system creates actual corruption, the  appear-
    10  ance  of  such  corruption can give rise to a distrust in government and
    11  citizen apathy that undermine the democratic operation of the  political
    12  process.
    13    The legislature also finds that the high cost of running for office in
    14  New  York  discourages  qualified candidates from running for office and
    15  creates an electoral system that encourages candidates to spend too much
    16  time raising money rather than attending to the duties of their  office,
    17  representing  the  needs  of  their constituents, and communicating with
    18  voters.
    19    The legislature amends this chapter creating a new title two to  arti-
    20  cle  fourteen  of  this chapter to reduce the possibility and appearance
    21  that special interests exercise undue influence over state officials; to
    22  increase the actual and apparent responsiveness of elected officials  to
    23  all  voters; to encourage qualified candidates to run for office; and to
    24  reduce the pressure on candidates to spend large amounts of time raising
    25  large contributions for their campaigns.
    26    The legislature finds that this article's limitations on contributions
    27  further  the  government's  interest  in  reducing  real  and   apparent
    28  corruption  and  in  building trust in government. The legislature finds
    29  that the contribution levels are sufficiently high to  allow  candidates
    30  and  political parties to raise enough money to run effective campaigns.
    31  In addition, the legislature finds that graduated  contribution  limita-
    32  tions reflect the campaign needs of candidates for different offices.
    33    The legislature also finds that the system of voluntary public financ-
    34  ing  furthers  the government's interest in encouraging qualified candi-
    35  dates to run for office. The legislature finds that the voluntary public
    36  funding program will enlarge the  public  debate  and  increase  partic-
    37  ipation  in  the  democratic process. In addition, the legislature finds
    38  that the voluntary expenditure limitations  and  matching  fund  program
    39  reduce  the burden on candidates and officeholders to spend time raising
    40  money for their campaigns.
    41    Therefore, the legislature declares that these amendments further  the
    42  important  and  valid  government  interests  of  reducing voter apathy,
    43  building confidence in government, reducing the reality  and  appearance
    44  of  corruption,  and encouraging qualified candidates to run for office,
    45  while reducing candidates' and officeholders' fundraising burdens.
    46    § 14-200-a. Definitions.  For the purposes of this title, the  follow-
    47  ing terms shall have the following meanings:
    48    1.  The  term  "authorized  committee" shall mean the single committee
    49  designated by a candidate pursuant to section 14-201 of  this  title  to
    50  receive  contributions  and  make  expenditures in support of the candi-
    51  date's campaign.
    52    2. The term "board" shall mean the state board of elections.
    53    3. The term "contribution" shall have the same meaning as  appears  in
    54  subdivision nine of section 14-100 of this article.
    55    4. The term "contributor" shall mean any person or entity that makes a
    56  contribution.

        S. 1510                            10                            A. 2010
 
     1    5.  The  term  "covered  election" shall mean any primary, general, or
     2  special election for nomination for election, or election, to the office
     3  of governor, lieutenant governor, attorney general,  state  comptroller,
     4  state senator, or member of the assembly.
     5    6.  The  term "election cycle" shall mean the two year period starting
     6  the day after the last general election for  candidates  for  the  state
     7  legislature  and  shall mean the four year period starting after the day
     8  after the last general election for candidates for statewide office.
     9    7. The term "expenditure" shall mean any gift, subscription,  advance,
    10  payment, or deposit of money or anything of value, or a contract to make
    11  any  gift,  subscription,  payment,  or  deposit of money or anything of
    12  value, made in connection with the nomination for election, or election,
    13  of any candidate.  Expenditures made by contract are  deemed  made  when
    14  such funds are obligated.
    15    8.  The  term  "fund"  shall  mean the New York state campaign finance
    16  fund.
    17    9. The term "immediate family" shall mean a spouse, child, sibling  or
    18  parent.
    19    10.  The  term  "intermediary"  shall mean an individual, corporation,
    20  partnership, political committee, employee organization or other  entity
    21  which bundles, causes to be delivered or otherwise delivers any contrib-
    22  ution from another person or entity to a candidate or authorized commit-
    23  tee,  other than in the regular course of business as a postal, delivery
    24  or messenger service.  Provided, however, that an  "intermediary"  shall
    25  not include spouses, domestic partners, parents, children or siblings of
    26  the  person  making  such contribution or a staff member or volunteer of
    27  the campaign identified in writing to the state board of elections. Here
    28  "causes to be delivered" shall include providing postage,  envelopes  or
    29  other  shipping  materials for the use of delivering the contribution to
    30  the ultimate recipient.
    31    11. The term "item with  significant  intrinsic  and  enduring  value"
    32  shall  mean  any item, including tickets to an event, that are valued at
    33  twenty-five dollars or more.
    34    12. (a) The term "matchable contribution" shall mean  a  contribution,
    35  contributions  or  a  portion of a contribution or contributions for any
    36  covered elections held in the same election cycle,  made  by  a  natural
    37  person  who  is  a  resident in the state of New York to a participating
    38  candidate, that has been reported in full to  the  board  in  accordance
    39  with  sections  14-102  and  14-104  of  this article by the candidate's
    40  authorized committee and has been contributed on or before  the  day  of
    41  the  applicable  primary,  general,  runoff  or  special  election.  Any
    42  contribution, contributions, or a portion of a  contribution  determined
    43  to  be  invalid  for matching funds by the board may not be treated as a
    44  matchable contribution for any purpose.
    45    (b) The following contributions are not matchable:
    46    (i) loans;
    47    (ii) in-kind contributions of property, goods, or services;
    48    (iii) contributions in the form of the purchase price paid for an item
    49  with significant intrinsic and enduring value;
    50    (iv) transfers from a party or constituted committee;
    51    (v) anonymous contributions or contributions whose source is not item-
    52  ized as required by section 14-201 of this title;
    53    (vi) contributions gathered during a previous election cycle;
    54    (vii) illegal contributions;
    55    (viii) contributions from minors;
    56    (ix) contributions from vendors for campaigns; and

        S. 1510                            11                            A. 2010

     1    (x) contributions from lobbyists registered  pursuant  to  subdivision
     2  (a) of section one-c of the legislative law.
     3    13. The term "nonparticipating candidate" shall mean a candidate for a
     4  covered  election  who fails to file a written certification in the form
     5  of an affidavit under section 14-204 of this  title  by  the  applicable
     6  deadline.
     7    14.  The  term  "participating candidate" shall mean any candidate for
     8  nomination for election, or election, to the office of  governor,  lieu-
     9  tenant  governor, attorney general, state comptroller, state senator, or
    10  member of the assembly, who files a written certification in the form of
    11  an affidavit pursuant to section 14-204 of this title.
    12    15. The term "post-election period" shall mean the five years  follow-
    13  ing an election when a candidate is subject to an audit.
    14    16.  The  term "qualified campaign expenditure" shall mean an expendi-
    15  ture for which public matching funds may be used.
    16    17. The term "threshold for eligibility"  shall  mean  the  amount  of
    17  matchable  contributions  that  a  candidate's authorized committee must
    18  receive in total in order for such candidate to  qualify  for  voluntary
    19  public financing under this title.
    20    18.  The  term  "transfer"  shall mean any exchange of funds between a
    21  party or constituted committee and a candidate or  any  of  his  or  her
    22  authorized committees.
    23    §  14-201.  Reporting requirements.   1. Political committee registra-
    24  tion. Political committees as defined pursuant  to  subdivision  one  of
    25  section  14-100  of  this  article  shall register with the board before
    26  making any contribution or expenditure.  The board shall publish a cumu-
    27  lative list of political committees that have registered,  including  on
    28  its webpage, and regularly update it.
    29    2.  Only  one  authorized  committee per candidate per elective office
    30  sought.  Before receiving any contribution or making any expenditure for
    31  a covered election, each candidate shall notify  the  board  as  to  the
    32  existence  of  his or her authorized committee that has been approved by
    33  such candidate. Each candidate shall have one and  only  one  authorized
    34  committee  per  elective  office sought. Each authorized committee shall
    35  have a treasurer and is subject to the  restrictions  found  in  section
    36  14-112 of this article.
    37    3.  (a)  Detailed  reporting. In addition to each authorized and poli-
    38  tical committee reporting to  the  board  every  contribution  and  loan
    39  received and every expenditure made in the time and manner prescribed by
    40  sections  14-102, 14-104 and 14-108 of this article, each authorized and
    41  political committee  shall  also  submit  disclosure  reports  on  March
    42  fifteenth and May fifteenth of each election year reporting to the board
    43  every  contribution  and  loan received and every expenditure made.  For
    44  contributors who make contributions of five  hundred  dollars  or  more,
    45  each  authorized  and  political committee shall report to the board the
    46  occupation, and business address of each contributor, lender, and inter-
    47  mediary. The board shall revise, prepare and post forms on  its  webpage
    48  that facilitate compliance with the requirements of this section.
    49    (b)  Board review. The board shall review each disclosure report filed
    50  and shall inform authorized and political committees of  relevant  ques-
    51  tions  it has concerning: (i) compliance with requirements of this title
    52  and of the rules issued by the board; and (ii) qualification for receiv-
    53  ing public matching funds pursuant to this title. In the course of  this
    54  review, it shall give authorized and political committees an opportunity
    55  to  respond  to  and correct potential violations and give candidates an
    56  opportunity to address  questions  it  has  concerning  their  matchable

        S. 1510                            12                            A. 2010
 
     1  contribution claims or other issues concerning eligibility for receiving
     2  public  matching funds pursuant to this title. Nothing in this paragraph
     3  shall preclude the chief enforcement counsel from subsequently reviewing
     4  such disclosure reports and taking any action otherwise authorized under
     5  this title.
     6    (c)  Itemization. Contributions that are not itemized in reports filed
     7  with the board shall not be matchable.
     8    (d) Option to file more frequently. Participating candidates may  file
     9  reports  of contributions as frequently as once a week on Monday so that
    10  their matching funds may be paid at the earliest allowable date.
    11    § 14-202. Contributions.  Recipients of funds pursuant to  this  title
    12  shall  be  subject  to  the  applicable contribution limits set forth in
    13  section 14-114 of this article.
    14    § 14-203. Proof of compliance.  Authorized  and  political  committees
    15  shall  maintain  such records of receipts and expenditures for a covered
    16  election as required by the board. Authorized and  political  committees
    17  shall  obtain  and  furnish  to the board any information it may request
    18  relating to financial transactions or  contributions  and  furnish  such
    19  documentation  and  other  proof of compliance with this title as may be
    20  requested. In compliance with section 14-108 of this article, authorized
    21  and political committees shall maintain copies of  such  records  for  a
    22  period of five years.
    23    §  14-204.  Eligibility.   1. Terms and conditions. To be eligible for
    24  voluntary public financing under this title, a candidate must:
    25    (a) be a candidate in a covered election;
    26    (b) meet all the requirements of law to have his or her  name  on  the
    27  ballot;
    28    (c)  in  the case of a covered general or special election, be opposed
    29  by another candidate on the ballot who is not a write-in candidate;
    30    (d) submit a certification in the form of an affidavit, in  such  form
    31  as may be prescribed by the board, that sets forth his or her acceptance
    32  of  and  agreement  to  comply  with  the  terms  and conditions for the
    33  provision of such funds in each covered election and such  certification
    34  shall  be submitted at least four months before the election pursuant to
    35  a schedule promulgated by the board;
    36    (e) be certified as a participating candidate by the board;
    37    (f) not make, and not have made, expenditures from or use his  or  her
    38  personal  funds  or  property  or the personal funds or property jointly
    39  held with his or her spouse, or  unemancipated  children  in  connection
    40  with his or her nomination election or election to a covered office, but
    41  may  make a contribution to his or her authorized committee in an amount
    42  that does not exceed three times the applicable contribution limit  from
    43  an individual contributor to candidates for the office that he or she is
    44  seeking;
    45    (g) meet the threshold for eligibility set forth in subdivision two of
    46  this section;
    47    (h)  continue  to  abide  by all requirements during the post-election
    48  period;
    49    (i) agree not to expend for campaign purposes any portion of any  pre-
    50  existing  funds  raised for any public office or party position prior to
    51  the first day of the  election  cycle  for  which  the  candidate  seeks
    52  certification. Nothing in this paragraph shall be construed to limit, in
    53  any  way, any candidate or public official from expending any portion of
    54  pre-existing campaign funds for any  lawful  purpose  other  than  those
    55  related to his or her campaign; and

        S. 1510                            13                            A. 2010
 
     1    (j)  not have accepted contributions in amounts exceeding the contrib-
     2  ution limits set forth for participating candidates in paragraphs a  and
     3  b  of  subdivision  one  of  section  14-114  of this article during the
     4  election cycle for which the candidate seeks certification;
     5    (i)  Provided  however,  that,  if  a candidate accepted contributions
     6  exceeding such limits before certification, such  acceptance  shall  not
     7  prevent the candidate from being certified by the board if the candidate
     8  immediately  pays  to the fund or returns to the contributor the portion
     9  of any contribution that exceeded the applicable contribution limit.
    10    (ii) If the candidate is  unable  to  return  such  funds  immediately
    11  because  they  have  already  been  spent,  acceptance  of contributions
    12  exceeding the limits shall not prevent the candidate from  being  certi-
    13  fied  by the board if the candidate submits an affidavit agreeing to pay
    14  to the fund all portions of any contributions that exceeded the limit no
    15  later than thirty days before  the  general  election.  If  a  candidate
    16  provides  the  board  with such an affidavit, any disbursement of public
    17  funds to the candidate made under section 14-206 of this title shall  be
    18  reduced  by no more than twenty-five percent until the total amount owed
    19  by the candidate is repaid.
    20    (iii) Nothing in this section shall be interpreted to require a candi-
    21  date who retains funds  raised  during  a  previous  election  cycle  to
    22  forfeit such funds. Funds raised during a previous election cycle may be
    23  retained, but only if the candidate places the funds in escrow.
    24    (iv)  Contributions received and expenditures made by the candidate or
    25  an authorized committee of the candidate prior to the effective date  of
    26  this  title  shall not constitute a violation of this title.  Unexpended
    27  contributions shall be treated the  same  as  campaign  surpluses  under
    28  subparagraph (iii) of this paragraph.
    29    2.  Threshold  for  eligibility. (a) The threshold for eligibility for
    30  public funding for participating candidates shall be in the case of:
    31    (i) Governor, not less than six  hundred  fifty  thousand  dollars  in
    32  matchable  contributions  including  at  least six thousand five hundred
    33  matchable contributions comprised of sums between ten  and  one  hundred
    34  seventy-five dollars per contributor, from residents of New York state;
    35    (ii)  Lieutenant governor, attorney general, and comptroller, not less
    36  than two hundred thousand dollars in matchable  contributions  including
    37  at  least two thousand matchable contributions comprised of sums between
    38  ten and one hundred seventy-five dollars per contributor, from residents
    39  of New York state;
    40    (iii) State senator, not less than twenty thousand dollars in  matcha-
    41  ble contributions including at least two hundred matchable contributions
    42  comprised  of  sums between ten and one hundred seventy-five dollars per
    43  contributor, from residents of the district in which the seat is  to  be
    44  filled; and
    45    (iv)  Member  of  the  assembly, not less than ten thousand dollars in
    46  matchable  contributions  including  at  least  one  hundred   matchable
    47  contributions comprised of sums between ten and one hundred seventy-five
    48  dollars  per  contributor,  from  residents of the district in which the
    49  seat is to be filled.
    50    (b) Any participating candidate meeting the threshold for  eligibility
    51  in  a  primary election for one of the foregoing offices shall be deemed
    52  to have met the threshold for eligibility for such office in  any  other
    53  subsequent election held in the same calendar year.
    54    (c)  The  board  shall  adjust the dollar amount of each threshold for
    55  eligibility fixed in this  section  by  the  amount  of  the  percentage
    56  difference  in  the consumer price index calculated and published by the

        S. 1510                            14                            A. 2010
 
     1  board pursuant to paragraph e of subdivision one of  section  14-114  of
     2  this  article  to  the  closest  one hundred dollars. Not later than the
     3  first day of March in each such year, the board shall issue a regulation
     4  publishing  the  amount  of  each  such  threshold for eligibility. Each
     5  threshold for eligibility as so adjusted  shall  be  the  threshold  for
     6  eligibility in effect for any election held before the next such adjust-
     7  ment. The one hundred seventy-five dollar maximum amount for the matcha-
     8  ble  contributions  that  funds  raised must be comprised of to meet the
     9  thresholds for eligibility for candidates fixed in this section shall be
    10  adjusted by the amount of  percentage  difference  to  the  closest  one
    11  dollar by the board which, not later than the first day of March in each
    12  such year, shall issue a regulation publishing such maximum amounts. The
    13  one  hundred seventy-five dollar maximum amounts as so adjusted shall be
    14  in effect for the next election cycle after the year the board publishes
    15  the contribution limit adjustment and until the next adjustment pursuant
    16  to this paragraph.
    17    § 14-205. Limits on public financing. The following limitations  apply
    18  to  the  total amounts of public funds that may be provided to a partic-
    19  ipating candidate's authorized committee for an election cycle:
    20    1. In any primary election, receipt of public funds  by  participating
    21  candidates and by their participating committees shall not exceed:
    22    (i) for governor, the sum of eight million dollars;
    23    (ii) for lieutenant governor, comptroller or attorney general, the sum
    24  of four million dollars;
    25    (iii)  for  senator,  the  sum  of three hundred seventy-five thousand
    26  dollars;
    27    (iv) for member of the assembly, the sum of one  hundred  seventy-five
    28  thousand dollars.
    29    2.  In  any  general or special election, receipt of public funds by a
    30  participating candidate's authorized committees  shall  not  exceed  the
    31  following amounts:
    32  Candidates for election to the office of:
    33  Governor and lieutenant governor (combined)                  $10,000,000
    34  Attorney general                                             $4,000,000
    35  Comptroller                                                  $4,000,000
    36  Member of senate                                             $375,000
    37  Member of assembly                                           $175,000
    38    3.  No participating candidate for nomination for an office who is not
    39  opposed by a candidate on the ballot in  a  primary  election  shall  be
    40  entitled  to  payment of public matching funds, except that, where there
    41  is a contest in such primary election for the nomination of at least one
    42  of the two political parties with the highest and second highest  number
    43  of  enrolled  members  for such office, a participating candidate who is
    44  unopposed in the primary election may receive public  funds  before  the
    45  primary  election,  for  expenses incurred on or before the date of such
    46  primary election, in an amount equal to up to half the sum set forth  in
    47  paragraph one of this section.
    48    4.  Nothing  in this section shall be construed to limit the amount of
    49  private funds a participating  candidate  may  receive  subject  to  the
    50  contribution  limits  for  participating candidates contained in section
    51  14-114 of this article.
    52    5. The board shall adjust the amount  of  each  public  funds  receipt
    53  limit  fixed  in this section by the amount of the percentage difference
    54  in the consumer price index calculated and published by the board pursu-
    55  ant to paragraph e of subdivision one of section 14-114 of this  article
    56  to  the  closest  one  hundred  dollars. Not later than the first day of

        S. 1510                            15                            A. 2010
 
     1  March in each such year, the board shall issue a  regulation  publishing
     2  the  amount of such limit. Each public fund receipt limit as so adjusted
     3  shall be the public funds receipt limit in effect for any election  held
     4  before the next such adjustment.
     5    § 14-206. Payment of public matching funds. 1. Determination of eligi-
     6  bility.  No public matching funds shall be paid to an authorized commit-
     7  tee unless the board determines that the participating candidate has met
     8  the eligibility requirements of this title. Payment shall not exceed the
     9  amounts specified in subdivision two of this section, and shall be  made
    10  only  in  accordance with the provisions of this title. Such payment may
    11  be made only to the participating candidate's authorized  committee.  No
    12  public  matching  funds shall be used except as reimbursement or payment
    13  for qualified campaign expenditures actually and lawfully incurred or to
    14  repay loans used to pay qualified campaign expenditures.
    15    2. Calculation of payment. If the threshold for  eligibility  is  met,
    16  the participating candidate's authorized committee shall receive payment
    17  for  qualified  campaign  expenditures of six dollars of public matching
    18  funds for each one dollar of matchable contributions, for the first  one
    19  hundred  seventy-five dollars of eligible private funds per contributor,
    20  obtained and reported to the board in accordance with the provisions  of
    21  this title. The maximum payment of public matching funds shall be limit-
    22  ed  to  the  amounts  set  forth in section 14-205 of this title for the
    23  covered election.
    24    The board  shall  adjust  the  maximum  dollar  amount  for  matchable
    25  contributions  fixed in this subdivision by the amount of the percentage
    26  difference in the consumer price index calculated by the board  pursuant
    27  to  paragraph  e of subdivision one of section 14-114 of this article to
    28  the closest one dollar. Not later than the first day of  March  in  each
    29  year the board makes the contribution limit adjustment pursuant to para-
    30  graph  e of subdivision one of section 14-114 of this article, the board
    31  shall issue a regulation publishing the  amount  of  each  such  maximum
    32  dollar  amount.  The  maximum  dollar amount as so adjusted shall be the
    33  maximum dollar amount in effect for the next election  cycle  after  the
    34  year the board publishes such contribution limit adjustment.
    35    3.  Timing  of  payment.  The  board  shall make any payment of public
    36  matching funds to participating candidates as soon  as  is  practicable.
    37  But  in all cases, it shall verify eligibility for public matching funds
    38  within four days,  excluding  weekends  and  holidays,  of  receiving  a
    39  campaign  contribution report filed in compliance with section 14-104 of
    40  this article. Within two days of determining  that  a  candidate  for  a
    41  covered office is eligible for public matching funds, it shall authorize
    42  payment of the applicable matching funds owed to the candidate. However,
    43  it shall not make any payments of public money earlier than the earliest
    44  dates  for  making  such  payments as provided by this title.  If any of
    45  such payments would require payment on a  weekend  or  federal  holiday,
    46  payment shall be made on the next business day.
    47    4.  Electronic  funds  transfer. The board shall, in consultation with
    48  the office of the comptroller, promulgate rules to facilitate electronic
    49  funds transfers directly from the campaign finance fund into an  author-
    50  ized committee's bank account.
    51    5.   Irregularly   scheduled   elections.  Notwithstanding  any  other
    52  provision of this title, the board shall promulgate rules to provide for
    53  the prompt issuance of public matching funds to  eligible  participating
    54  candidates  for qualified campaign expenditures in the case of any other
    55  covered election held on a day different from the day originally  sched-
    56  uled  including special elections. But in all cases, the board shall (a)

        S. 1510                            16                            A. 2010
 
     1  within four days, excluding weekends and holidays, of receiving a report
     2  of contributions from a candidate for a covered office  claiming  eligi-
     3  bility for public matching funds verify that candidate's eligibility for
     4  public  matching  funds; and (b) within two days of determining that the
     5  candidate for a covered office is eligible for public matching funds, it
     6  shall authorize payment of the applicable matching  funds  owed  to  the
     7  candidate.
     8    §  14-207.  Use  of public matching funds; qualified campaign expendi-
     9  tures.  1. Public matching funds provided under the provisions  of  this
    10  title  may  be  used only by an authorized committee for expenditures to
    11  further  the  participating  candidate's  nomination  for  election   or
    12  election,  including  paying for debts incurred within one year prior to
    13  an election to further  the  participating  candidate's  nomination  for
    14  election or election.
    15    2. Such public matching funds may not be used for:
    16    (a) an expenditure in violation of any law;
    17    (b)  an  expenditure  in  excess of the fair market value of services,
    18  materials, facilities or other things of value received in exchange;
    19    (c) an expenditure made after the candidate has been finally disquali-
    20  fied from the ballot;
    21    (d) an expenditure made after  the  only  remaining  opponent  of  the
    22  candidate  has  been  finally  disqualified  from the general or special
    23  election ballot;
    24    (e) an expenditure made by cash payment;
    25    (f) a contribution or loan or  transfer  made  to  or  expenditure  to
    26  support  another candidate or political committee or party, committee or
    27  constituted committee;
    28    (g) an expenditure to support or oppose  a  candidate  for  an  office
    29  other than that which the participating candidate seeks;
    30    (h) gifts, except brochures, buttons, signs and other printed campaign
    31  material;
    32    (i) legal fees to defend against a criminal charge;
    33    (j)  payments  to immediate family members of the participating candi-
    34  date; or
    35    (k) any expenditure made to challenge the validity of any petition  of
    36  designation  or nomination or any certificate of nomination, acceptance,
    37  authorization, declination or substitution.
    38    § 14-208. Powers and duties of the board.  1. Advisory  opinions.  The
    39  board  shall  render advisory opinions with respect to questions arising
    40  under this title upon the written request of a candidate, an officer  of
    41  a  political  committee  or member of the public, or upon its own initi-
    42  ative.  The board shall promulgate rules regarding reasonable  times  to
    43  respond  to  such requests. The board shall make public the questions of
    44  interpretation for which advisory opinions will  be  considered  by  the
    45  board and its advisory opinions, including by publication on its webpage
    46  with  identifying  information  redacted  as  the board determines to be
    47  appropriate.
    48    2. Public information and candidate education. The board shall develop
    49  a program for informing candidates and the public as to the purpose  and
    50  effect of the provisions of this title, including by means of a webpage.
    51  The board shall prepare in plain language and make available educational
    52  materials,  including  compliance manuals and summaries and explanations
    53  of the purposes and provisions of this title. The board shall prepare or
    54  have prepared and make available materials,  including,  to  the  extent
    55  feasible,  computer  software, to facilitate the task of compliance with
    56  the disclosure and record-keeping requirements of this title.

        S. 1510                            17                            A. 2010
 
     1    3. Rules and regulations.  The  board  shall  have  the  authority  to
     2  promulgate such rules and regulations and provide such forms as it deems
     3  necessary for the administration of this title.
     4    4.  Database.  The  board  shall  develop  an  interactive, searchable
     5  computer database that shall contain all information necessary  for  the
     6  proper  administration  of  this title including information on contrib-
     7  utions to and expenditures by candidates and their authorized committee,
     8  independent expenditures in support  or  opposition  of  candidates  for
     9  covered  offices,  and distributions of moneys from the fund. Such data-
    10  base shall be accessible to the public on the board's webpage.
    11    5. The board shall work with the chief enforcement counsel to  enforce
    12  this section.
    13    § 14-209. Audits and repayments.  1. Audits. (a) The board shall audit
    14  and  examine  all  matters relating to the proper administration of this
    15  title and shall complete such audit no later than  one  year  after  the
    16  election  in question.  This deadline shall not apply in cases involving
    17  potential campaign-related fraud,  knowing  and  willful  violations  of
    18  article fourteen of this chapter, or criminal activity.
    19    (b)  Every  participating  candidate for statewide office who receives
    20  public funds under this title shall be audited by the board.
    21    (c) Except as provided in paragraph (b) of this subdivision, the board
    22  shall select not more than fifty percent of all participating candidates
    23  in covered elections for audit through a  lottery.  A  separate  lottery
    24  shall  be  conducted  for each office. The board shall select senate and
    25  assembly districts to be audited, auditing every participating candidate
    26  in each selected district, while ensuring that  the  number  of  audited
    27  candidates  within  those districts does not exceed fifty percent of all
    28  participating candidates for the relevant office. The lottery for senate
    29  and assembly elections shall be weighted to increase the likelihood that
    30  a district for the relevant office is audited based on how frequently it
    31  has not been selected  for  auditing  during  the  past  three  election
    32  cycles.  The  board  shall  promulgate  rules  concerning  the method of
    33  weighting the senate and assembly lotteries,  including  provisions  for
    34  the first three election cycles for each office.
    35    (d) The cost of complying with a post-election audit shall be borne by
    36  the  candidate's  authorized committee using public funds, private funds
    37  or any combination of such funds. Candidates who run in any  primary  or
    38  general  election must maintain a reserve of three percent of the public
    39  funds received to comply with the post-election audit.
    40    (e) The board shall issue to  each  campaign  audited  a  final  audit
    41  report that details its findings.
    42    2.  Repayments.  (a)  If  the board determines that any portion of the
    43  payment made to a candidate's authorized committee from the fund was  in
    44  excess  of  the  aggregate  amount  of  payments that such candidate was
    45  eligible to receive pursuant to this title, it shall notify such commit-
    46  tee and such committee shall pay to the board an  amount  equal  to  the
    47  amount  of  excess  payments.  Provided,  however, that if the erroneous
    48  payment was the result of an error by  the  board,  then  the  erroneous
    49  payment  will  be  deducted  from  any future payment, if any, and if no
    50  payment is to be made then neither the candidate nor the committee shall
    51  be liable to repay the excess amount to the board.  The  candidate,  the
    52  treasurer  and  the  candidate's  authorized  committee  are jointly and
    53  severally liable for any repayments to the board.
    54    (b) If the board determines that any portion of the payment made to  a
    55  candidate's  authorized  committee  from  the fund was used for purposes
    56  other than qualified campaign expenditures and  such  expenditures  were

        S. 1510                            18                            A. 2010

     1  not  approved by the board, it shall notify such committee of the amount
     2  so disqualified and such committee shall pay  to  the  board  an  amount
     3  equal  to such disqualified amount. The candidate, the treasurer and the
     4  candidate's  authorized  committee  are jointly and severally liable for
     5  any repayments to the board.
     6    (c) If the total of payments from the fund received by a participating
     7  candidate and his or her authorized committee exceed the total  campaign
     8  expenditures  of such candidate and authorized committee for all covered
     9  elections held in the same calendar year or for a  special  election  to
    10  fill a vacancy, such candidate and committee shall use such excess funds
    11  to reimburse the fund for payments received by such authorized committee
    12  from  the  fund  during such calendar year or for such special election.
    13  Participating candidates shall pay to the board unspent public  campaign
    14  funds  from  an  election  not  later  than  twenty-seven days after all
    15  liabilities for the election have been paid and in any event, not  later
    16  than  the  day  on which the board issues its final audit report for the
    17  participating candidate's authorized committee; provided, however,  that
    18  all unspent public campaign funds for a participating candidate shall be
    19  immediately  due  and  payable  to the board upon a determination by the
    20  board that the  participant  has  delayed  the  post-election  audit.  A
    21  participating  candidate may make post-election expenditures with public
    22  funds only for routine activities involving nominal cost associated with
    23  winding up a campaign and responding to the post-election audit.   Noth-
    24  ing  in  this  title shall be construed to prevent a candidate or his or
    25  her authorized committee from using campaign contributions received from
    26  private contributors for otherwise lawful expenditures.
    27    3. Rules and regulations.  The board shall promulgate regulations  for
    28  the  certification  of  the  amount of funds payable by the comptroller,
    29  from the fund established pursuant to section ninety-two-t of the  state
    30  finance  law, to a participating candidate that has qualified to receive
    31  such payment. These  regulations  shall  include  the  promulgation  and
    32  distribution  of forms on which contributions and expenditures are to be
    33  reported, the periods during which such reports must be  filed  and  the
    34  verification  required.  The board shall institute procedures which will
    35  make possible payment by  the  fund  within  four  business  days  after
    36  receipt of the required forms and verifications.
    37    §   14-210.   Enforcement  and  penalties  for  violations  and  other
    38  proceedings.  1. Civil penalties. Violations of any  provision  of  this
    39  title  or  rule promulgated pursuant to this title shall be subject to a
    40  civil penalty in an amount not in excess of fifteen thousand dollars.
    41    2. Notice of violation and opportunity to contest. The board shall:
    42    (a) determine whether a violation of any provision of  this  title  or
    43  rule promulgated hereunder has been committed;
    44    (b) give written notice and the opportunity to contest before an inde-
    45  pendent  hearing  officer  to  each  person  or  entity it has reason to
    46  believe has committed a violation;
    47    (c) if appropriate, assess penalties for  violations,  following  such
    48  notice and opportunity to contest; and
    49    (d)  any formal or informal advisory opinion issued by a majority vote
    50  of the commissioners of the state board of elections to a  participating
    51  candidate  in  connection  with any action under this title, when relied
    52  upon in good faith, shall be presumptive evidence that such candidate or
    53  his or  her  committee  did  not  knowingly  or  willfully  violate  the
    54  provisions of this title.
    55    3.  Criminal conduct. Any person who knowingly and willfully furnishes
    56  or submits false statements or information to the  board  in  connection

        S. 1510                            19                            A. 2010
 
     1  with  its administration of this title, shall be guilty of a misdemeanor
     2  in addition to any other penalty as may be imposed under this chapter or
     3  pursuant to any other law. The chief enforcement counsel shall  seek  to
     4  recover  any public matching funds obtained as a result of such criminal
     5  conduct.
     6    4. Proceedings as to public financing. (a) The determination of eligi-
     7  bility pursuant to this title and any  question  or  issue  relating  to
     8  payments  for  campaign  expenditures  pursuant  to  this  title  may be
     9  contested in a proceeding instituted in the Supreme court, Albany  coun-
    10  ty, by any aggrieved candidate.
    11    (b)  A  proceeding with respect to such a determination of eligibility
    12  or payment for qualified campaign expenditures pursuant to this  chapter
    13  shall  be  instituted  within fourteen days after such determination was
    14  made. The board shall be made a party to any such proceeding.
    15    (c) Upon the board's failure to receive the amount due from a  partic-
    16  ipating  candidate  or  such  candidate's authorized committee after the
    17  issuance of written notice of such  amount  due,  as  required  by  this
    18  title,  the  chief  enforcement  counsel  is  authorized  to institute a
    19  special proceeding or civil action in Supreme Court, Albany  county,  to
    20  obtain  a judgment for any amounts determined to be payable to the board
    21  as a result of an examination and audit made pursuant to this  title  or
    22  to obtain such amounts directly from the candidate or authorized commit-
    23  tee after a hearing at the board.
    24    (d) The chief enforcement counsel is authorized to institute a special
    25  proceeding  or civil action in Supreme Court, Albany county, to obtain a
    26  judgment for civil penalties determined  to  be  payable  to  the  board
    27  pursuant  to this title or to impose such penalty directly after a hear-
    28  ing at the board.
    29    § 14-211. Reports. The board shall review and evaluate the  effect  of
    30  this  title  upon  the  conduct of election campaigns and shall submit a
    31  report to the legislature on or before January first, two thousand twen-
    32  ty-one, and every third year thereafter, and at any other time upon  the
    33  request  of  the  governor  and  at  such other times as the board deems
    34  appropriate. These reports shall include:
    35    1. a list of the  participating  and  nonparticipating  candidates  in
    36  covered  elections  and  the  votes  received by each candidate in those
    37  elections;
    38    2. the amount of contributions and loans  received,  and  expenditures
    39  made, on behalf of these candidates;
    40    3.  the  amount  of public matching funds each participating candidate
    41  received, spent, and repaid pursuant to this title;
    42    4. analysis of the  effect  of  this  title  on  political  campaigns,
    43  including  its  effect  on the sources and amounts of private financing,
    44  the level of campaign expenditures, voter participation, the  number  of
    45  candidates,  the  candidates' ability to campaign effectively for public
    46  office, and the diversity of candidates seeking and elected  to  office;
    47  and
    48    5.  recommendations for amendments to this title, including changes in
    49  contribution limits, thresholds for eligibility, and any other  features
    50  of the system.
    51    §  14-212.  Debates  for  candidates for statewide office.   The board
    52  shall promulgate regulations to facilitate debates  among  participating
    53  candidates  who seek election to statewide office.  Participating candi-
    54  dates are required to participate in one debate before each election for
    55  which the candidate receives  public  funds,  unless  the  participating

        S. 1510                            20                            A. 2010
 
     1  candidate  is running unopposed. Nonparticipating candidates may partic-
     2  ipate in such debates.
     3    §  14-213. Severability.   If any clause, sentence, subdivision, para-
     4  graph, section or part of this title be adjudged by any court of  compe-
     5  tent  jurisdiction to be invalid, such judgment shall not affect, impair
     6  or invalidate the remainder thereof, but shall be confined in its opera-
     7  tion to the clause, sentence, subdivision, paragraph,  section  or  part
     8  thereof  directly  involved  in  the  controversy in which such judgment
     9  shall have been rendered.
    10    § 9. The state finance law is amended by adding a new section 92-t  to
    11  read as follows:
    12    §  92-t.  New  York  state  campaign  finance fund. 1. There is hereby
    13  established in the joint  custody  of  the  state  comptroller  and  the
    14  commissioner  of taxation and finance a fund to be known as the New York
    15  state campaign finance fund.
    16    2. Such fund shall consist of all revenues received from the New  York
    17  state  campaign  finance  fund  check-off  pursuant to subsection (h) of
    18  section six hundred fifty-eight of the tax law, from the abandoned prop-
    19  erty fund pursuant to section ninety-five  of  this  article,  from  the
    20  general  fund, and from all other moneys credited or transferred thereto
    21  from any other fund or source pursuant to law.   Such  fund  shall  also
    22  receive  contributions from private individuals, organizations, or other
    23  persons to fulfill the purposes of the public financing system.
    24    3. Moneys of the fund, following appropriation by the legislature, may
    25  be expended for the purposes of making payments to  candidates  pursuant
    26  to title two of article fourteen of the election law and for administra-
    27  tive  expenses  related to the implementation of article fourteen of the
    28  election law. Moneys shall be paid out of the fund by  the  state  comp-
    29  troller  on  vouchers  certified  or  approved  by  the  state  board of
    30  elections,  or  its  duly  designated  representative,  in  the   manner
    31  prescribed by law, not more than five working days after such voucher is
    32  received by the state comptroller.
    33    4.  Notwithstanding  any  provision of law to the contrary, if, in any
    34  state fiscal year, the state campaign finance fund lacks the  amount  of
    35  money  to  pay all claims vouchered by eligible candidates and certified
    36  or approved by the state board of elections, any such  deficiency  shall
    37  be  paid  by  the state comptroller, from funds deposited in the general
    38  fund of the state not more than four working days after such voucher  is
    39  received by the state comptroller.
    40    5.  Commencing  in  two thousand twenty, if the surplus in the fund on
    41  April first of the year after a year in  which  a  governor  is  elected
    42  exceeds  twenty-five percent of the disbursements from the fund over the
    43  previous four years, the excess shall revert to the general fund of  the
    44  state.
    45    6.  No public funds shall be paid to any participating candidates in a
    46  primary  election  any  earlier  than  thirty  days  after   designating
    47  petitions  or  certificates  of nomination have been filed and not later
    48  than thirty days after such primary election.
    49    7. No public funds shall be paid to any participating candidates in  a
    50  general  election  any earlier than the day after the day of the primary
    51  election held to nominate candidates for such election.
    52    8. No public funds shall be paid to any participating candidates in  a
    53  special  election  any  earlier  than the day after the last day to file
    54  certificates of party nomination for such special election.
    55    9. No public funds shall be paid to any  participating  candidate  who
    56  has  been disqualified or whose designating petitions have been declared

        S. 1510                            21                            A. 2010
 
     1  invalid by the appropriate board of elections or a  court  of  competent
     2  jurisdiction until and unless such finding is reversed by a higher court
     3  in a final judgment.  No payment from the fund in the possession of such
     4  a  candidate  or such candidate's participating committee on the date of
     5  such disqualification or invalidation may thereafter be expended for any
     6  purpose except the payment of liabilities  incurred  before  such  date.
     7  All such moneys shall be repaid to the fund.
     8    §  10.  Section 95 of the state finance law is amended by adding a new
     9  subdivision 5 to read as follows:
    10    5. (a) As often as necessary, the co-chairs  of  the  state  board  of
    11  elections shall certify the amount such co-chairs have determined neces-
    12  sary  to  fund  estimated  payments from the fund established by section
    13  ninety-two-t of  this  article  for  the  primary,  general  or  special
    14  election.
    15    (b)  Notwithstanding  any  provision  of  this section authorizing the
    16  transfer of any moneys in the abandoned property  fund  to  the  general
    17  fund, the comptroller, after receiving amounts  sufficient to pay claims
    18  against  the  abandoned property fund, shall, based upon a certification
    19  of the state board of elections pursuant to paragraph (a) of this subdi-
    20  vision, and at the direction of the director of the budget, transfer the
    21  requested amount from remaining available monies in the abandoned  prop-
    22  erty  fund  to  the campaign finance fund established by section ninety-
    23  two-t of this article.
    24    § 11. Section 658 of the tax law is amended by adding a new subsection
    25  (h) to read as follows:
    26    (h) New York state campaign finance fund check-off. (1) For each taxa-
    27  ble year beginning on and after January first,  two  thousand  nineteen,
    28  every  resident  taxpayer  whose New York state income tax liability for
    29  the taxable year for which the return is filed is forty dollars or  more
    30  may  designate  on  such  return that forty dollars be paid into the New
    31  York state campaign finance fund established by section ninety-two-t  of
    32  the  state finance law. Where a husband and wife file a joint return and
    33  have a New York state income tax liability  for  the  taxable  year  for
    34  which  the  return  is filed is eighty dollars or more, or file separate
    35  returns on a single form, each such taxpayer may  make  separate  desig-
    36  nations  on  such  return  of forty dollars to be paid into the New York
    37  state campaign finance fund.
    38    (2) The commissioner shall transfer to the  New  York  state  campaign
    39  finance  fund, established pursuant to section ninety-two-t of the state
    40  finance law, an amount equal to forty dollars multiplied by  the  number
    41  of designations.
    42    (3)  For  purposes  of this subsection, the income tax liability of an
    43  individual for any taxable year is the amount of tax imposed under  this
    44  article  reduced  by  the  sum  of  the  credits (as shown in his or her
    45  return) allowable under this article.
    46    (4) The department shall include a place on every personal income  tax
    47  return  form to be filed by an individual for a tax year beginning on or
    48  after January first, two thousand nineteen, for such  taxpayer  to  make
    49  the  designations  described  in  paragraph one of this subsection. Such
    50  return form shall contain a concise explanation of the purpose  of  such
    51  optional designations.
    52    §  12.  Severability. If any clause, sentence, subdivision, paragraph,
    53  section or part of title II of article 14 of the election law, as  added
    54  by  section  three  of  this  act  be adjudged by any court of competent
    55  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
    56  invalidate the remainder thereof, but shall be confined in its operation

        S. 1510                            22                            A. 2010
 
     1  to the clause, sentence, subdivision, paragraph, section or part thereof
     2  directly  involved  in the controversy in which such judgment shall have
     3  been rendered.
     4    §  13.  This act shall take effect immediately; provided, however, all
     5  affected candidates will be eligible to participate in voluntary  public
     6  financing beginning with the 2020 primary election.
 
     7                                   PART C
 
     8    Section 1. Short title. This act shall be known as and may be cited as
     9  the "Voter Enfranchisement Modernization Act of 2019 (VEMA)".
    10    §  2. Declaration of Legislative Intent. The right to vote is a funda-
    11  mental right, the well-spring of all others, secured by the federal  and
    12  state constitutions. On-line forms of communication and conducting tran-
    13  sactions  did  not exist at the time New York's paper-based voter regis-
    14  tration system was enacted. In the last twenty years,  many  paper-based
    15  processes  have  migrated  to  on-line  processes,  including filing tax
    16  returns, applying for social security benefits, routine  banking  trans-
    17  actions, official communications and purchase transactions of all types.
    18  This  on-line migration has improved cost efficiency, increased accessi-
    19  bility and provided greater convenience to the public in many  contexts.
    20  The  predominantly paper-based voter registration application process in
    21  New York is antiquated and  must  be  supplemented  with  on-line  voter
    22  registration.  To remove unnecessary burdens to the fundamental right of
    23  the  people  to  vote,  the State Board of Elections shall establish the
    24  Voter Enfranchisement Modernization Program for the purpose of  increas-
    25  ing  opportunities for voter registration by any person who is qualified
    26  to be a voter under Article II of the New York State Constitution.  This
    27  effort  modernizes  voter  registration  and  supplements the methods of
    28  voter registration provided under current law.
    29    § 3. Article 5 of the election law is amended by adding a new title  8
    30  to read as follows:
    31                                 TITLE VIII
    32               ELECTRONIC PERSONAL VOTER REGISTRATION PROCESS
    33  Section 5-800. Electronic voter registration transmittal system.
    34          5-802. Online voter registration application.
    35          5-804. Failure  to  provide  exemplar  signature  not to prevent
    36                   registration.
    37    § 5-800. Electronic voter registration transmittal system. In addition
    38  to any other means of voter registration provided for by  this  chapter,
    39  the  state board of elections shall establish and maintain an electronic
    40  voter registration transmittal system through which applicants may apply
    41  to register to vote online.  The state board of  elections  shall  elec-
    42  tronically  transmit  such  applications  to  the  applicable  board  of
    43  elections of each county or the city of New York for filing,  processing
    44  and  verification consistent with this chapter. In accordance with tech-
    45  nical specifications provided by the  state  board  of  elections,  each
    46  board of elections shall maintain a voter registration system capable of
    47  receiving  and  processing  voter  registration application information,
    48  including electronic signatures, from the electronic voter  registration
    49  transmittal system established by the state board of elections. Notwith-
    50  standing  any other inconsistent provision of this chapter, applications
    51  filed using such system shall be considered filed  with  the  applicable
    52  board  of  elections  on  the calendar date the application is initially
    53  transmitted by the voter through the electronic voter registration tran-
    54  smittal system.

        S. 1510                            23                            A. 2010
 
     1    § 5-802. Online voter registration application. 1. A  voter  shall  be
     2  able  to  apply to register to vote using a personal online voter regis-
     3  tration application submitted through the electronic voter  registration
     4  transmittal system when the voter:
     5    (a) completes an electronic voter registration application promulgated
     6  by  the  state  board  of elections which shall include all of the voter
     7  registration information required by section 5-210 of this article; and
     8    (b) affirms, subject to penalty of perjury, by means of electronic  or
     9  manual  signature, that the information contained in the voter registra-
    10  tion application is true and that the applicant meets all of the  quali-
    11  fications to become a registered voter; and
    12    (c)  consents  to  the  use  of an electronic copy of the individual's
    13  manual signature that is in the custody of the department of motor vehi-
    14  cles, the state board  of  elections,  or  other  agency  designated  by
    15  sections  5-211  or  5-212  of  this  article, as the individual's voter
    16  registration exemplar signature, or provides such a signature by  direct
    17  upload  in  a  manner  that  complies with the New York state electronic
    18  signature and records act and the rules and regulations  promulgated  by
    19  the state board of elections.
    20    2.  The  board  of  elections  shall provide the personal online voter
    21  registration application in any language required by the federal  Voting
    22  Rights Act of 1965 (52 U.S.C. Sec. 10503) in any county in the state.
    23    3.  The  online  voter  registration application process shall provide
    24  reasonable accommodations to  improve  accessibility  for  persons  with
    25  disabilities,  and  shall  be  compatible  for  use with standard online
    26  accessibility assistance tools for  persons  with  visual,  physical  or
    27  perceptive disabilities.
    28    4. The state board of elections shall promulgate rules and regulations
    29  for  the  creation  and  administration  of an online voter registration
    30  system pursuant to this section.
    31    § 5-804. Failure to provide exemplar signature not to  prevent  regis-
    32  tration.  1.  If a voter registration exemplar signature is not provided
    33  by an applicant who submits a voter registration application pursuant to
    34  this title, the local board shall seek to obtain such exemplar signature
    35  from the statewide voter  registration  database,  the  state  board  of
    36  elections,  or  a  state  or local agency designated by section 5-211 or
    37  5-212 of this article.
    38    2. If such exemplar signature is  not  available  from  the  statewide
    39  voter registration database, the state board of elections, or a state or
    40  local  agency  designated by section 5-211 or 5-212 of this article, the
    41  local board of elections shall, absent  another  reason  to  reject  the
    42  application,  proceed  to register and, as applicable, enroll the appli-
    43  cant. Within ten days of such action, the board of elections shall  send
    44  a standard form promulgated by the state board of elections to the voter
    45  whose record lacks an exemplar signature, requiring such voter to submit
    46  a  signature for identification purposes.  The voter shall submit to the
    47  board of elections a voter registration exemplar signature by any one of
    48  the following methods: in person,  by  mail  with  return  postage  paid
    49  provided by the board of elections, by electronic mail, or by electronic
    50  upload  to the board of elections through the electronic voter registra-
    51  tion transmittal system. If such voter does  not  provide  the  required
    52  exemplar  signature,  when  the voter appears to vote the voter shall be
    53  entitled to vote in the same manner as a voter with a notation  indicat-
    54  ing  the  voter's  identity  has  not  yet  been  verified in the manner
    55  provided by section 8-302 of this chapter.

        S. 1510                            24                            A. 2010

     1    § 4.  This act shall take effect on the earlier occurrence  of:    (i)
     2  two years after it shall have become a law; provided, however, the state
     3  board  of elections shall be authorized to implement necessary rules and
     4  regulations and to take steps required to implement this act  immediate-
     5  ly; or (ii) five days after the date of certification by the state board
     6  of  elections that the information technology infrastructure to substan-
     7  tially implement this act is functional.   Provided,  further  that  the
     8  state  board  of  elections  shall  notify the legislative bill drafting
     9  commission upon the occurrence  of  the  enactment  of  the  legislation
    10  provided  for  in  this act in order that the commission may maintain an
    11  accurate and timely effective data base of the official text of the laws
    12  of the state of New York in furtherance of effectuating  the  provisions
    13  of  section  44  of  the  legislative law and section 70-b of the public
    14  officers law.
 
    15                                   PART D
 
    16    Section 1.  Section 3-400 of the election law is amended by  adding  a
    17  new subdivision 9 to read as follows:
    18    9.  Notwithstanding  any  inconsistent  provisions  of  this  article,
    19  election inspectors or poll clerks, if any, at polling places for  early
    20  voting,  shall  consist of either board of elections employees who shall
    21  be appointed by the commissioners of such board or duly qualified  indi-
    22  viduals, appointed in the manner set forth in this section. Appointments
    23  to the offices of election inspector or poll clerk in each polling place
    24  for  early  voting  shall be equally divided between the major political
    25  parties. The board of elections  shall  assign  staff  and  provide  the
    26  resources they require to ensure wait times at early voting sites do not
    27  exceed thirty minutes.
    28    §  2.  Section  4-117  of  the election law is amended by adding a new
    29  subdivision 1-a to read as follows:
    30    1-a. The notice required by subdivision  one  of  this  section  shall
    31  include  the  dates, hours and locations of early voting for the general
    32  and primary election. The board of  elections  may  satisfy  the  notice
    33  requirement  of this subdivision by providing in the notice instructions
    34  to obtain the required early voting information from a  website  of  the
    35  board  of elections and providing a phone number to call for such infor-
    36  mation.
    37    § 3. Subdivision 2 of section 8-100 of the election law, as amended by
    38  chapter 367 of the laws of 2017, is amended to read as follows:
    39    2. Polls shall be open for voting during the following hours: a prima-
    40  ry election from twelve o'clock noon until nine o'clock in the  evening,
    41  except  in  the  city  of  New York and the counties of Nassau, Suffolk,
    42  Westchester, Rockland, Orange, Putnam, Dutchess and Erie,  and  in  such
    43  city or county from six o'clock in the morning until nine o'clock in the
    44  evening; the general election from six o'clock in the morning until nine
    45  o'clock in the evening; a special election called by the governor pursu-
    46  ant  to  the  public  officers law, and, except as otherwise provided by
    47  law, every other election, from six o'clock in the  morning  until  nine
    48  o'clock  in  the  evening;  early  voting  hours shall be as provided in
    49  section 8-600 of this article.
    50    § 4. Subdivision 1 of section 8-102 of the election law is amended  by
    51  adding a new paragraph (k) to read as follows:
    52    (k)  Voting  at each polling place for early voting shall be conducted
    53  in a manner consistent with the provisions of  this  article,  with  the
    54  exception  of  the tabulation and proclamation of election results which

        S. 1510                            25                            A. 2010
 
     1  shall be completed according to subdivisions eight and nine  of  section
     2  8-600 of this article.
     3    §  5.  Section  8-104  of  the election law is amended by adding a new
     4  subdivision 7 to read as follows:
     5    7. This section shall apply on all early voting days as  provided  for
     6  in section 8-600 of this article.
     7    §  6.  Paragraph (b) of subdivision 2 of section 8-508 of the election
     8  law, as amended by chapter 200 of the laws of 1996, is amended  to  read
     9  as follows:
    10    (b)  The second section of such report shall be reserved for the board
    11  of inspectors to enter the name, address and registration serial  number
    12  of each person who is challenged on the day of election or on any day in
    13  which  there  is early voting pursuant to section 8-600 of this article,
    14  together with the reason for the challenge.   If  no  voters  are  chal-
    15  lenged,  the  board  of inspectors shall enter the words "No Challenges"
    16  across the space reserved for such names. In lieu of  preparing  section
    17  two of the challenge report, the board of elections may provide, next to
    18  the  name  of  each voter on the computer generated registration list, a
    19  place for the inspectors of election to record the information  required
    20  to be entered in such section two, or provide at the end of such comput-
    21  er  generated  registration list, a place for the inspectors of election
    22  to enter such information.
    23    § 7. Article 8 of the election law is amended by adding a new title  6
    24  to read as follows:
    25                                  TITLE VI
    26                                EARLY VOTING
    27  Section 8-600. Early voting.
    28          8-602. State  board  of  elections;  powers and duties for early
    29                   voting.
    30    § 8-600. Early voting. 1. Beginning the thirteenth day  prior  to  any
    31  general, primary or special election for any public or party office, and
    32  ending on and including the second day prior to such general, primary or
    33  special  election  for  such public or party office, persons duly regis-
    34  tered and eligible to vote at such election shall be permitted  to  vote
    35  as  provided  in  this  title.    The board of elections shall establish
    36  procedures, which shall be consistent with this chapter  and  the  regu-
    37  lations of the state board of elections, to ensure that persons who vote
    38  during  the  early  voting  period shall not be permitted to vote subse-
    39  quently in the same election.
    40    2. (a) The board of elections shall designate polling places for early
    41  voting in each county, which may include the offices  of  the  board  of
    42  elections,  for  persons  to  vote early pursuant to this section. There
    43  shall be so designated at least one early voting polling place for every
    44  full increment of fifty  thousand  registered  voters  in  each  county;
    45  provided, however, the number of early voting polling places in a county
    46  shall  not be required to be greater than seven, and a county with fewer
    47  than fifty thousand voters shall have at least one early voting  polling
    48  place.
    49    (b) The board of elections may establish additional polling places for
    50  early  voting  in excess of the minimum number required by this subdivi-
    51  sion for the convenience of eligible voters wishing to vote  during  the
    52  early voting period.
    53    (c)  Notwithstanding  the  minimum  number  of early voting poll sites
    54  otherwise required by this  subdivision,  for  any  primary  or  special
    55  election,  upon  majority  vote of the board of elections, the number of
    56  early voting sites may be reduced if the board of  elections  reasonably

        S. 1510                            26                            A. 2010
 
     1  determines  a  lesser number of sites is sufficient to meet the needs of
     2  early voters.
     3    (d) Polling places for early voting shall be located to ensure, to the
     4  extent  practicable,  that eligible voters have equitable access to such
     5  polling places, taking into  consideration  population  density,  travel
     6  time to the polling place, proximity to other early voting polling plac-
     7  es, commonly used transportation routes, public transportation, and such
     8  other  factors  the board of elections deems appropriate. The provisions
     9  of section 4-104 of this chapter, except subdivisions four and  five  of
    10  such section, shall apply to the designation of polling places for early
    11  voting  except  to the extent such provisions are inconsistent with this
    12  section.
    13    3. Any person permitted to vote early may do so at any  polling  place
    14  for early voting established pursuant to subdivision two of this section
    15  in the county where such voter is registered to vote. Provided, however,
    16  (i)  if it is impractical to provide each polling place for early voting
    17  all appropriate ballots for each election to be voted on in the  county,
    18  or  (ii)  if  permitting such persons to vote early at any polling place
    19  established for early voting would make it impractical  to  ensure  that
    20  such  voter  has  not  previously  voted early during such election, the
    21  board of elections may designate each polling  place  for  early  voting
    22  only  for  those voters registered to vote in a portion of the county to
    23  be served by such polling place for  early  voting,  provided  that  all
    24  voters  in  each  county  shall have one or more polling places at which
    25  they are eligible to vote  throughout  the  early  voting  period  on  a
    26  substantially equal basis.
    27    4.  (a)  Polls shall be open for early voting for at least eight hours
    28  between seven o'clock in the morning and eight o'clock  in  the  evening
    29  each week day during the early voting period.
    30    (b)  At  least  one  polling  place for early voting shall remain open
    31  until eight o'clock in the evening on at least two  week  days  in  each
    32  calendar  week  during  the early voting period.   If polling places for
    33  early voting are limited to voters from certain areas pursuant to subdi-
    34  vision three of this section, polling  places  that  remain  open  until
    35  eight  o'clock shall be designated such that any person entitled to vote
    36  early may vote until eight o'clock in the evening on at least  two  week
    37  days during the early voting period.
    38    (c)  Polls  shall  be  open  for  early voting for at least five hours
    39  between nine o'clock in the morning and six o'clock in  the  evening  on
    40  each Saturday, Sunday and legal holiday during the early voting period.
    41    (d)  Nothing  in this section shall be construed to prohibit any board
    42  of elections from establishing a greater  number  of  hours  for  voting
    43  during  the  early  voting period beyond the number of hours required in
    44  this subdivision.
    45    (e) Early voting polling places and their hours of operation for early
    46  voting at a general election shall be designated pursuant to subdivision
    47  one of section 4-104 of this chapter. Notwithstanding the provisions  of
    48  subdivision  one  of  section  4-104 of this chapter requiring poll site
    49  designation by May first, early voting polling places and their hours of
    50  operation for early voting for a primary or special  election  shall  be
    51  made  not  later  than  forty-five  days  before such primary or special
    52  election.
    53    5. Each board of elections shall create a communication plan to inform
    54  eligible voters of the opportunity to vote early.  Such plan may utilize
    55  any and all media outlets, including social media, and shall  publicize:
    56  the  location and dates and hours of operation of all polling places for

        S. 1510                            27                            A. 2010
 
     1  early voting; an indication of whether each polling place is  accessible
     2  to  voters with physical disabilities; a clear and unambiguous notice to
     3  voters that if they cast a ballot during the early  voting  period  they
     4  will  not  be  allowed  to  vote election day; and if polling places for
     5  early voting are limited to voters from certain areas pursuant to subdi-
     6  vision three of this section, the location of  the  polling  places  for
     7  early  voting  serving the voters of each particular city, town or other
     8  political subdivision.
     9    6. The form of paper ballots used in early voting  shall  comply  with
    10  the  provisions  of article seven of this chapter that are applicable to
    11  voting by paper ballot on election day and such ballot shall be cast  in
    12  the  same  manner  as  provided  for  in  section 8-312 of this article,
    13  provided, however, that ballots cast  during  the  early  voting  period
    14  shall be secured in the manner of voted ballots cast on election day and
    15  such ballots shall not be canvassed or examined until after the close of
    16  the  polls  on  election  day, and no unofficial tabulations of election
    17  results shall be printed or viewed in any manner until after  the  close
    18  of polls on election day.
    19    7.  Voters  casting ballots pursuant to this title shall be subject to
    20  challenge as provided in sections 8-500, 8-502 and 8-504 of  this  arti-
    21  cle.
    22    8. Notwithstanding any other provisions of this chapter, at the end of
    23  each  day  of  early voting, any early voting ballots that have not been
    24  scanned because a ballot scanner was not available or because the ballot
    25  has been abandoned by the voter at the ballot scanner shall be cast in a
    26  manner consistent with section 9-110 of this chapter,  except  that  any
    27  ballots that would otherwise be scanned at the close of the polls pursu-
    28  ant  to  such  section shall be scanned at the close of each day's early
    29  voting.
    30    9. The board of elections shall secure all ballots and  scanners  used
    31  for  early  voting from the beginning of the early voting period through
    32  the close of the polls of the election on election day. As soon  as  the
    33  polls  of  the  election  are  closed  on  election day, and not before,
    34  inspectors or board of elections employees  shall  follow  all  relevant
    35  provisions  of  article  nine  of this chapter that are not inconsistent
    36  with this section, for canvassing, processing, recording, and announcing
    37  results of voting at polling  places  for  early  voting,  and  securing
    38  ballots, scanners, and other election materials.
    39    10. This title shall not apply to village elections conducted pursuant
    40  to article fifteen and title two of article six of this chapter.
    41    § 8-602. State board of elections; powers and duties for early voting.
    42  Any   rule  or  regulation  necessary  for  the  implementation  of  the
    43  provisions of this title shall be promulgated  by  the  state  board  of
    44  elections  provided  that  such  rules  and  regulations  shall  include
    45  provisions to ensure that ballots cast  early,  by  any  method  allowed
    46  under  law,  are  counted  and canvassed as if cast on election day. The
    47  state board of elections shall promulgate  any  other  rules  and  regu-
    48  lations  necessary  to ensure an efficient and fair early voting process
    49  that respects the privacy of the voter.  Provided,  further,  that  such
    50  rules  and  regulations shall require that the voting history record for
    51  each voter be continually updated to  reflect  each  instance  of  early
    52  voting by such voter.
    53    §  8. This act shall take effect on the first of January next succeed-
    54  ing the date on which it shall have become a law and shall apply to  any
    55  election held 120 days or more after it shall have taken effect.

        S. 1510                            28                            A. 2010

     1                                   PART E
 
     2  Section  1.  This  part  enacts into law major components of legislation
     3  relating to elections. Each  component  is  wholly  contained  within  a
     4  Subpart  identified as Subparts A through B. The effective date for each
     5  particular provision contained within such Subpart is set forth  in  the
     6  last  section  of  such  Subpart. Any provision in any section contained
     7  within a Subpart, including the effective date  of  the  Subpart,  which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Subpart in which it is found. Section three
    11  of this part sets forth the general effective date of this part.
 
    12                                  SUBPART A
 
    13    Section 1. Subdivision 1 of section 1-106  of  the  election  law,  as
    14  amended  by  chapter  700  of  the  laws  of 1977, is amended to read as
    15  follows:
    16    1. All papers required to be filed pursuant to the provisions of  this
    17  chapter  shall, unless otherwise provided, be filed between the hours of
    18  nine A.M. and five P.M. If the last day  for  filing  shall  fall  on  a
    19  Saturday,  Sunday  or  legal holiday, the next business day shall become
    20  the last day for filing. All papers sent by mail in  an  envelope  post-
    21  marked prior to midnight of the last day of filing shall be deemed time-
    22  ly  filed and accepted for filing when received, except that all certif-
    23  icates and petitions  of  designation  or  nomination,  certificates  of
    24  acceptance  or  declination of such designations or nominations, certif-
    25  icates of authorization for such designations  or  nominations,  certif-
    26  icates of disqualification, certificates of substitution for such desig-
    27  nations  or  nominations and objections and specifications of objections
    28  to such certificates and petitions required to be filed with  the  state
    29  board  of  elections  or a board of elections outside of the city of New
    30  York shall be deemed timely filed and accepted for  filing  if  sent  by
    31  mail or overnight delivery service pursuant to subdivision three of this
    32  section, and received no later than two business days after the last day
    33  to  file  such  certificates,  petitions,  objections or specifications.
    34  Failure of the post office or any other person or entity to deliver  any
    35  such  petition,  certificate  or  objection  to  such board of elections
    36  outside the city of New York no later than two business days  after  the
    37  last  day to file such certificates, petitions, objections or specifica-
    38  tions shall be a fatal defect. Excepted further  that  all  certificates
    39  and  petitions  of designation or nomination, certificates of acceptance
    40  or declination of such designations  and  nominations,  certificates  of
    41  substitution  for  such  designations  or nominations and objections and
    42  specifications of objections to such certificates and petitions required
    43  to be filed with the board of elections of the city of New York must  be
    44  actually  received by such city board of elections on or before the last
    45  day to file any such petition, certificate or objection and such  office
    46  shall  be  open  for  the  receipt  of  such petitions, certificates and
    47  objections until midnight on the last day to  file  any  such  petition,
    48  certificate or objection. Failure of the post office or any other person
    49  or entity to deliver any such petition, certificate or objection to such
    50  city  board  of  elections  on  or before such last day shall be a fatal
    51  defect.
    52    § 2. Subdivision 1 of section 4-104 of the election law, as amended by
    53  chapter 180 of the laws of 2005, is amended to read as follows:

        S. 1510                            29                            A. 2010
 
     1    1. Every board of elections shall, in  consultation  with  each  city,
     2  town and village, designate the polling places in each election district
     3  in  which  the  meetings  for  the  registration  of voters, and for any
     4  election may be held. The board of trustees of  each  village  in  which
     5  general  and  special  village  elections  conducted  by  the  board  of
     6  elections are held at a time other than the time of a  general  election
     7  shall submit such a list of polling places for such village elections to
     8  the  board  of  elections.  A polling place may be located in a building
     9  owned by a religious organization or used by it as a place  of  worship.
    10  If  such  a  building  is designated as a polling place, it shall not be
    11  required to be open for voter registration on any Saturday  if  this  is
    12  contrary to the religious beliefs of the religious organization. In such
    13  a  situation,  the  board  of  elections  shall  designate  an alternate
    14  location to be used for voter registration. Such polling places must  be
    15  designated  by  [May  first] March fifteenth, of each year, and shall be
    16  effective for one year thereafter. Such a list required to be  submitted
    17  by  a  village  board of trustees must be submitted at least four months
    18  before each general village election and shall be effective  until  four
    19  months before the subsequent general village election. No place in which
    20  a business licensed to sell alcoholic beverages for on premises consump-
    21  tion is conducted on any day of local registration or of voting shall be
    22  so  designated.  If,  within  the discretion of the board of elections a
    23  particular polling place so  designated  is  subsequently  found  to  be
    24  unsuitable  or  unsafe  or should circumstances arise that make a desig-
    25  nated polling place unsuitable or unsafe, then the board of elections is
    26  empowered to select an alternative meeting place. In  the  city  of  New
    27  York,  the  board  of  elections shall designate such polling places and
    28  alternate registration places if the polling place cannot  be  used  for
    29  voter registration on Saturdays.
    30    § 3. Subdivisions 1 and 2 of section 4-106 of the election law, subdi-
    31  vision  2  as amended by chapter 635 of the laws of 1990, are amended to
    32  read as follows:
    33    1. The state board of elections shall, [at least eight  months  before
    34  each]  by  February first in the year of each general election, make and
    35  transmit to the board of elections of each county, a certificate stating
    36  each office, except county, city, village and town offices to  be  voted
    37  for at such election in such county.
    38    2.  Each  county, city, village and town clerk, [at least eight months
    39  before each] by February first in the year  of  each  general  election,
    40  shall  make and transmit to the board of elections a certificate stating
    41  each county, city, village or town office, respectively to be voted  for
    42  at  each  such election. Each village clerk, at least five months before
    43  each general village election conducted by the board of elections, shall
    44  make, and transmit to such board, a  certificate  stating  each  village
    45  office to be filled at such election.
    46    §  4.    Paragraph b of subdivision 1 of section 4-108 of the election
    47  law, as amended by chapter 117 of the laws of 1985, is amended  to  read
    48  as follows:
    49    b. Whenever any proposal, proposition or referendum as provided by law
    50  is  to  be  submitted  to  a vote of the people of a county, city, town,
    51  village or special district, at an election conducted by  the  board  of
    52  elections, the clerk of such political subdivision, at least [thirty-six
    53  days] three months prior to the general election at which such proposal,
    54  proposition  or  referendum  is  to be submitted, shall transmit to each
    55  board of elections a certified copy of the text of such proposal, propo-
    56  sition or referendum and a statement of the form in which it  is  to  be

        S. 1510                            30                            A. 2010
 
     1  submitted.  If  a special election is to be held, such transmittal shall
     2  also give the date of such election.
     3    §  5.  Section 4-110 of the election law, as amended by chapter 434 of
     4  the laws of 1984, is amended to read as follows:
     5    § 4-110. Certification of primary election candidates; state board  of
     6  elections.  The  state  board  of elections, not later than [thirty-six]
     7  fifty-five days before a primary election, shall certify to each  county
     8  board of elections: The name and residence of each candidate to be voted
     9  for  within  the  political  subdivision of such board for whom a desig-
    10  nation has been filed with the state board; the title of the  office  or
    11  position  for  which  the candidate is designated; the name of the party
    12  upon whose primary ballot his or her name is to be placed; and the order
    13  in which the names of the candidates are to be printed as determined  by
    14  the  state  board.  Where  an  office  or  position is uncontested, such
    15  certification shall state such fact.
    16    § 6. Subdivision 1 of section 4-112 of the election law, as amended by
    17  chapter 4 of the laws of 2011, is amended to read as follows:
    18    1. The state board of elections, not later  than  [thirty-six]  fifty-
    19  five  days  before  a  general  election,  or  fifty-three days before a
    20  special election, shall certify to each county board  of  elections  the
    21  name  and residence of each candidate nominated in any valid certificate
    22  filed with it or by the returns canvassed by it, the title of the office
    23  for which nominated; the name of the party or body specified of which he
    24  or she is a candidate; the emblem chosen to distinguish  the  candidates
    25  of the party or body; and a notation as to whether or not any litigation
    26  is  pending  concerning  the  candidacy. Upon the completion of any such
    27  litigation, the state board of  elections  shall  forthwith  notify  the
    28  appropriate  county  boards  of  elections  of the results of such liti-
    29  gation.
    30    § 7. Section 4-114 of the election law, as amended by chapter 4 of the
    31  laws of 2011, is amended to read as follows:
    32    § 4-114. Determination of candidates and questions;  county  board  of
    33  elections.  The  county  board of elections, not later than the [thirty-
    34  fifth] fifty-fourth day before the day of a primary or general election,
    35  or the fifty-third day before a special election,  shall  determine  the
    36  candidates duly nominated for public office and the questions that shall
    37  appear on the ballot within the jurisdiction of that board of elections.
    38    § 8. Subdivision 1 of section 4-117 of the election law, as amended by
    39  chapter 3 of the laws of 2018, is amended to read as follows:
    40    1.  The  board of elections,[ between August first and August fifth of
    41  each year] not less than sixty-five days  nor  more  than  seventy  days
    42  before the primary election in each year, shall send by mail on which is
    43  endorsed  such  language  designated  by the state board of elections to
    44  ensure postal authorities do not forward such mail but return it to  the
    45  board of elections with forwarding information, when it cannot be deliv-
    46  ered  as  addressed  and  which  contains  a  request that any such mail
    47  received for persons not residing at the address be dropped back in  the
    48  mail,  a  communication,  in  a  form  approved  by  the  state board of
    49  elections, to every registered voter who has been registered  without  a
    50  change  of  address  since  the  beginning of such year, except that the
    51  board of elections shall not be required to send such communications  to
    52  voters  in  inactive status. The communication shall notify the voter of
    53  the days and hours of the ensuing primary  and  general  elections,  the
    54  place  where  he or she appears by his or her registration records to be
    55  entitled to vote, the fact that voters who have moved or will have moved
    56  from the address where they were last registered  must  re-register  or,

        S. 1510                            31                            A. 2010
 
     1  that  if  such  move  was to another address in the same county or city,
     2  that such voter may either notify the board of elections of his  or  her
     3  new  address or vote by paper ballot at the polling place for his or her
     4  new address even if such voter has not re-registered, or otherwise noti-
     5  fied  the  board  of  elections of the change of address. If the primary
     6  will not be held on the first Tuesday after the second Monday in Septem-
     7  ber, the communication shall contain a conspicuous notice in all capital
     8  letters and bold font notifying the voter of the primary  date.  If  the
     9  location of the polling place for the voter's election district has been
    10  moved,  the  communication  shall  contain  the following legend in bold
    11  type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU NOW VOTE  AT..........".
    12  The  communication  shall  also  indicate  whether  the polling place is
    13  accessible to physically disabled voters, that a voter who will  be  out
    14  of the city or county on the day of the primary or general election or a
    15  voter  who  is ill or physically disabled may obtain an absentee ballot,
    16  that a physically disabled voter whose polling place is  not  accessible
    17  may  request  that  his  registration  record  be  moved  to an election
    18  district which has a polling place which is accessible, the phone number
    19  to call for applications to move a registration record or  for  absentee
    20  ballot applications, the phone number to call for the location of regis-
    21  tration  and  polling  places, the phone number to call to indicate that
    22  the voter is willing to serve on election day as an election  inspector,
    23  poll clerk, interpreter or in other capacities, the phone number to call
    24  to obtain an application for registration by mail, and such other infor-
    25  mation  concerning  the  elections  or  registration  as  the  board may
    26  include. In lieu of  sending  such  communication  to  every  registered
    27  voter,  the  board  of  elections  may  send a single communication to a
    28  household containing more than one registered voter, provided  that  the
    29  names  of all such voters appear as part of the address on such communi-
    30  cation.
    31    § 9. Subdivision 1 of section 5-604 of the election law, as amended by
    32  chapter 28 of the laws of 2010, is amended to read as follows:
    33    1. The board of elections shall also cause to be  published  for  each
    34  election  district  a  complete  list  of  the registered voters of each
    35  election district. Such list  shall,  in  addition  to  the  information
    36  required  for  registration  lists, include the party enrollment of each
    37  voter. At least as many copies of such list shall  be  prepared  as  the
    38  required minimum number of registration lists.
    39    Lists  for  all  the election districts in a ward or assembly district
    40  may be bound together in one volume. The board of elections  shall  also
    41  cause  to  be published a complete list of names and residence addresses
    42  of the registered voters, including the party enrollment of each  voter,
    43  for  each town and city over which the board has jurisdiction. The names
    44  for each town and city may be arranged according to street and number or
    45  alphabetically. Such lists shall be published before the  first  day  of
    46  [April]  February.  The board shall keep at least five copies for public
    47  inspection at each main office or branch office of  the  board.  Surplus
    48  copies  of the lists shall be sold at a charge not exceeding the cost of
    49  publication.
    50    § 10. Paragraph a of subdivision 5 of section 5-708  of  the  election
    51  law,  as added by chapter 659 of the laws of 1994, is amended to read as
    52  follows:
    53    a. At least once each year during the month of  [May]  February,  each
    54  board  of  elections shall obtain through the National Change of Address
    55  System, the forwarding address for  every  voter  registered  with  such
    56  board  of elections for whom the United States Postal Service has such a

        S. 1510                            32                            A. 2010

     1  forwarding address together with the name of each such  voter  whom  the
     2  Postal  Service  records indicate has moved from the address at which he
     3  is registered without leaving a forwarding address.
     4    §  11.  Subdivision 1 of section 6-108 of the election law, as amended
     5  by chapter 160 of the laws of 1996, is amended to read as follows:
     6    1. In any town in a county having a population of over  seven  hundred
     7  fifty  thousand inhabitants, as shown by the latest federal decennial or
     8  special population census, party  nominations  of  candidates  for  town
     9  offices  shall  be  made  at  the primary preceding the election. In any
    10  other town, nominations of candidates for town offices shall be made  by
    11  caucus  or  primary  election as the rules of the county committee shall
    12  provide, except that the members of the county committee from a town may
    13  adopt by a two-thirds vote, a rule providing that the  party  candidates
    14  for  town  offices shall be nominated at the primary election. If a rule
    15  adopted by the county committee of a political party or by  the  members
    16  of  the county committee from a town, provides that party candidates for
    17  town offices, shall be nominated at a primary election, such rule  shall
    18  not  apply  to  nor  affect a primary held less than four months after a
    19  certified copy of the rule shall have  been  filed  with  the  board  of
    20  elections.  After  the filing of such a rule, the rule shall continue in
    21  force until a certified copy of a rule revoking the same shall have been
    22  filed with such board at least four months before a subsequent  primary.
    23  Such  a  caucus  shall  be  held  no earlier than the first day on which
    24  designating petitions for the [fall] primary election may be signed.
    25    § 12. Subdivisions 1 and 2 of section 6-147 of the  election  law,  as
    26  amended  by  chapter  434  of  the  laws of 1984, are amended to read as
    27  follows:
    28    1. The name of a person designated on more  than  one  petition  as  a
    29  candidate for a party position to be filled by two or more persons shall
    30  be  printed on the ballot with the group of candidates designated by the
    31  petition first filed unless such person, in a certificate duly  acknowl-
    32  edged by him or her and filed with the board of elections not later than
    33  the  [eighth]  tenth Tuesday preceding the primary election or five days
    34  after the board of elections mails such person  notice  of  his  or  her
    35  designation in more than one group, whichever is later, specifies anoth-
    36  er group in which his or her name shall be printed.
    37    2.  A  person  designated as a candidate for the position of member of
    38  the county committee in more than one election district shall be  deemed
    39  to  have been designated in the lowest numbered election district unless
    40  such person, in a certificate duly acknowledged by him or her, and filed
    41  with the board of elections not later than the  [eighth]  tenth  Tuesday
    42  preceding the primary election or five days after the board of elections
    43  mails  such  person  notice  of  his or her designation in more than one
    44  election district whichever is later, specifies that he or she wishes to
    45  be deemed designated in a different election district.
    46    § 13. Subdivisions 1, 4, 5, 6, 9, 11, 12 and 14 of  section  6-158  of
    47  the election law, subdivisions 1, 4, 11 and 12 as amended by chapter 434
    48  of  the laws of 1984, subdivision 6 as amended by chapter 79 of the laws
    49  of 1992, and subdivision 9 as amended by chapter  517  of  the  laws  of
    50  1986, are amended to read as follows:
    51    1.  A designating petition shall be filed not earlier than the [tenth]
    52  thirteenth Monday before, and not later than the [ninth] twelfth  Thurs-
    53  day preceding the primary election.
    54    4. A petition of enrolled members of a party requesting an opportunity
    55  to write in the name of an undesignated candidate for a public office or
    56  party  position  at a primary election shall be filed not later than the

        S. 1510                            33                            A. 2010
 
     1  [eighth] eleventh Thursday  preceding  the  primary  election.  However,
     2  where a designating petition has been filed and the person named therein
     3  has  declined such designation and another person has been designated to
     4  fill  the  vacancy, then in that event, a petition for an opportunity to
     5  ballot in a primary election shall be filed not later than the [seventh]
     6  tenth Thursday preceding such primary election.
     7    5. A judicial district convention shall be held not earlier  than  the
     8  [Tuesday]  Thursday  following  the  [third  Monday  in September] first
     9  Monday in August preceding the general election and not later than  [the
    10  fourth Monday in September preceding such election] six days thereafter.
    11    6.  (a)  A  certificate  of  a party nomination made other than at the
    12  primary election for an office to be filled at the  time  of  a  general
    13  election  shall  be  filed  not later than [seven] thirty days after the
    14  [fall] primary election,  (b) except that a  certificate  of  nomination
    15  for  an office which becomes vacant after the seventh day preceding such
    16  primary election shall be filed not later than  [fourteen]  thirty  days
    17  after the primary election or ten days after the creation of such vacan-
    18  cy,  whichever  is later, and (c) except, further, that a certificate of
    19  party nomination of candidates for elector of president and  vice-presi-
    20  dent  of  the  United  States  shall  be filed not later than [fourteen]
    21  seventy-four days after the [fall]  primary  election,  and  (d)  except
    22  still  further that a certificate of party nomination made at a judicial
    23  district convention shall be filed not later than the day after the last
    24  day to hold such convention and the minutes  of  such  convention,  duly
    25  certified  by the chairman and secretary, shall be filed within seventy-
    26  two hours after adjournment of the convention. A  certificate  of  party
    27  nomination  for  an  office  to be filled at a special election shall be
    28  filed not later than ten days following the issuance of  a  proclamation
    29  of such election.
    30    9. A petition for an independent nomination for an office to be filled
    31  at  the  time  of  a  general  election  shall be filed not earlier than
    32  [twelve] twenty-four weeks and  not  later  than  [eleven]  twenty-three
    33  weeks  preceding such election. A petition for an independent nomination
    34  for an office to be filled at a special  election  shall  be  filed  not
    35  later  than twelve days following the issuance of a proclamation of such
    36  election. [A petition for trustee of the  Long  Island  Power  Authority
    37  shall be filed not earlier than seven weeks and not later than six weeks
    38  preceding the day of the election of such trustees.]
    39    11. A certificate of acceptance or declination of an independent nomi-
    40  nation  for  an  office  to  be filled at the time of a general election
    41  shall be filed not later than the third day after the  [eleventh]  twen-
    42  ty-third  Tuesday  preceding  such  election except that a candidate who
    43  files such a certificate of acceptance for an  office  for  which  there
    44  have  been  filed  certificates  or  petitions designating more than one
    45  candidate for the nomination of any party, may thereafter file a certif-
    46  icate of declination not later than the  third  day  after  the  primary
    47  election.   A certificate of acceptance or declination of an independent
    48  nomination for an office to be filled at a  special  election  shall  be
    49  filed not later than fourteen days following the issuance of a proclama-
    50  tion of such election.
    51    12.  A  certificate  to  fill  a vacancy caused by a declination of an
    52  independent nomination for an office to be  filled  at  the  time  of  a
    53  general  election  shall be filed not later than the sixth day after the
    54  [eleventh] twenty-third Tuesday preceding such election.  A  certificate
    55  to  fill  a vacancy caused by a declination of an independent nomination
    56  for an office to be filled at a special  election  shall  be  filed  not

        S. 1510                            34                            A. 2010
 
     1  later than sixteen days following the issuance of a proclamation of such
     2  election.
     3    14. A vacancy occurring three months or more before [September twenti-
     4  eth  of] the general election in any year in any office authorized to be
     5  filled at a general election, except in the offices of  governor,  lieu-
     6  tenant-governor, or United States senator shall be filled at the general
     7  election  held next thereafter, unless otherwise provided by the consti-
     8  tution, or unless previously filled at a special election.
     9    § 14. Paragraph (a) of subdivision 1 of section 8-100 of the  election
    10  law, as amended by chapter 17 of the laws of 2007, is amended to read as
    11  follows:
    12    (a)  A  primary  election[, to be known as the fall primary,] shall be
    13  held on the [first] fourth Tuesday [after the second Monday] in [Septem-
    14  ber] June before every general election unless otherwise changed  by  an
    15  act  of  the legislature. Members of the state and county committees and
    16  assembly district leaders and associate district leaders and  all  other
    17  party  positions  to be elected shall be elected at such primary and all
    18  nominations for public office required to be made at a primary  election
    19  in  such year shall be made at such primary. In each year in which elec-
    20  tors of president and vice president of the  United  States  are  to  be
    21  elected an additional primary election, to be known as the spring prima-
    22  ry,  shall  be  held  on  the first Tuesday in February unless otherwise
    23  changed by an act of the legislature, for the purpose of electing deleg-
    24  ates to the national convention[, members of state and county committees
    25  and assembly district leaders and associate assembly district leaders].
    26    § 15. Subdivision 1 of section 9-200 of the election law,  as  amended
    27  by chapter 250 of the laws of 1984, is amended to read as follows:
    28    1.  The  board  of  elections  shall  canvass  the  returns of primary
    29  elections filed with it. It shall canvass first the votes of the  deleg-
    30  ates  and  alternates to judicial district conventions and complete such
    31  canvass at the earliest time possible. It  shall  complete  the  canvass
    32  otherwise within [nine] thirteen days from the day upon which the prima-
    33  ry  election is held. Upon the completion of the canvass the board shall
    34  make and file in its office tabulated statements, signed by the  members
    35  of such board or a majority thereof, of the number of votes cast for all
    36  the  candidates  for nomination to each public office or for election to
    37  each party position, and the number of votes cast for each  such  candi-
    38  date. The candidate receiving the highest number of votes for nomination
    39  for a public office or for election to a party position voted for wholly
    40  within  the  political unit for which such board is acting, shall be the
    41  nominee of his party for such office or elected to such  party  position
    42  and  the board, if requested by a candidate elected to a party position,
    43  shall furnish to him a certificate of election.
    44    § 16. Subdivision 1 of section 9-208 of the election law,  as  amended
    45  by chapter 163 of the laws of 2010, is amended to read as follows:
    46    1. Within fifteen days after each general[,] or special [or] election,
    47  and  within  twenty days after a primary election, and within seven days
    48  after every village election conducted by  the  board  of  elections  at
    49  which  ballot scanners are used, the board of elections, or a bipartisan
    50  committee of or appointed by said board  shall,  in  each  county  using
    51  ballot scanners, make a record of the serial number of each ballot scan-
    52  ner  used  in each election district in such general, special or primary
    53  election. No person who was  a  candidate  at  such  election  shall  be
    54  appointed  to  membership  on  the committee. Such board of elections or
    55  bipartisan committee shall recanvass the tabulated result tape from each
    56  ballot scanner used in each election district  by  comparing  such  tape

        S. 1510                            35                            A. 2010
 
     1  with the numbers as recorded on the return of canvass. The said board or
     2  committee  shall also make a recanvass of any election day paper ballots
     3  that have not been scanned and were hand counted pursuant to subdivision
     4  two  of  section  9-110 of this article and compare the results with the
     5  number as recorded on the return of  canvass.  The  board  or  committee
     6  shall  then  recanvass  write-in  votes,  if  any, on ballots which were
     7  otherwise scanned and canvassed at polling places on election night. The
     8  board or committee shall validate and prove  such  sums.  Before  making
     9  such  canvass  the  board  of  elections,  with respect to each election
    10  district to be recanvassed, shall give notice in writing to  the  voting
    11  machine  custodian  thereof, to the state and county chair of each party
    12  or independent body which shall have nominated candidates for  the  said
    13  general  or  special  election or nominated or elected candidates at the
    14  said primary election  and  to  each  individual  candidate  whose  name
    15  appears  on  the office ballot, of the time and place where such canvass
    16  is to be made; and the state and county chair  of  each  such  party  or
    17  independent body and each such individual candidate may send a represen-
    18  tative  to  be  present  at  such  recanvass.  Each candidate whose name
    19  appears on the official ballot, or his or her representative, shall have
    20  the right personally to examine and make a record of the  vote  recorded
    21  on the tabulated result tape and any ballots which were hand counted.
    22    §  17.  Subdivision 1 of section 9-211 of the election law, as amended
    23  by chapter 515 of the laws of 2015, is amended to read as follows:
    24    1. Within fifteen days after each general or special  election,  [and]
    25  within  [seven]  thirteen  days  after  every primary [or] election, and
    26  within seven days after every village election conducted by the board of
    27  elections, the board of elections or a bipartisan committee appointed by
    28  such board shall audit the voter verifiable  audit  records  from  three
    29  percent  of  voting  machines or systems within the jurisdiction of such
    30  board. Such audits may be performed manually or via the use of any auto-
    31  mated tool authorized for such use by the state board of elections which
    32  is independent from the voting system it is being used to audit.  Voting
    33  machines or systems shall be selected for audit through a random, manual
    34  process.  At  least five days prior to the time fixed for such selection
    35  process, the board of elections shall send notice by first class mail to
    36  each candidate, political party and independent body  entitled  to  have
    37  had  watchers  present  at  the  polls  in any election district in such
    38  board's jurisdiction. Such notice shall state the time and  place  fixed
    39  for  such  random selection process. The audit shall be conducted in the
    40  same manner, to the extent applicable, as a canvass  of  paper  ballots.
    41  Each  candidate, political party or independent body entitled to appoint
    42  watchers to attend at a polling place shall be entitled to appoint  such
    43  number of watchers to observe the audit.
    44    § 18. Paragraph (a) of subdivision 1 of section 10-108 of the election
    45  law,  as amended by chapter 4 of the laws of 2011, is amended to read as
    46  follows:
    47    (a) Ballots for military voters shall be mailed or otherwise  distrib-
    48  uted  by the board of elections, in accordance with the preferred method
    49  of transmission designated by the voter pursuant to  section  10-107  of
    50  this  article,  as  soon  as practicable but in any event not later than
    51  [thirty-two] forty-six days before a primary or general election[; twen-
    52  ty-five days before] a New York city community school board district  or
    53  city of Buffalo school district election; fourteen days before a village
    54  election conducted by the board of elections; and forty-five days before
    55  a  special  election.  A voter who submits a military ballot application
    56  shall be entitled to a military ballot thereafter  for  each  subsequent

        S. 1510                            36                            A. 2010
 
     1  election  through and including the next two regularly scheduled general
     2  elections held in even numbered years, including any run-offs which  may
     3  occur;  provided,  however,  such application shall not be valid for any
     4  election  held  within seven days after its receipt.  Ballots shall also
     5  be mailed to any qualified military voter who is already registered  and
     6  who  requests  such  military  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 requested and which states the address where the voter  is
    10  registered  and  the  address  to  which the ballot is to be mailed. The
    11  board of elections shall enclose with such ballot a form of  application
    12  for  military ballot. In the case of a primary election, the board shall
    13  deliver only the ballot of the party with which the  military  voter  is
    14  enrolled  according to the military voter's registration records. In the
    15  event a primary election is uncontested in the military voter's election
    16  district for all offices or  positions  except  the  party  position  of
    17  member  of  the ward, town, city or county committee, no ballot shall be
    18  delivered to such military voter for such  election;  and  the  military
    19  voter  shall  be  advised of the reason why he or she will not receive a
    20  ballot.
    21    § 19. Subdivision 4 of section 11-204 of the election law, as  amended
    22  by chapter 4 of the laws of 2011, is amended to read as follows:
    23    4. If the board of elections shall determine that the applicant making
    24  the application provided for in this section is qualified to receive and
    25  vote a special federal ballot, it shall, as soon as practicable after it
    26  shall  have so determined, or not later than [thirty-two] forty-six days
    27  before each general or primary  election  [and  forty-five  days  before
    28  each]  or special election in which such applicant is qualified to vote,
    29  or three days after receipt of such an application, whichever is  later,
    30  mail  to  him  or her at the residence address outside the United States
    31  shown in his or her application, a  special  federal  ballot,  an  inner
    32  affirmation envelope and an outer envelope, or otherwise distribute same
    33  to  the  voter  in  accordance with the preferred method of transmission
    34  designated by the voter pursuant to section 11-203 of  this  title.  The
    35  board  of  elections shall also mail, or otherwise distribute in accord-
    36  ance with the preferred method of transmission designated by  the  voter
    37  pursuant  to  section  11-203 of this title, a special federal ballot to
    38  every qualified special federal voter who is already registered and  who
    39  requests  such  special federal ballot from such board of elections in a
    40  letter, which is signed by the  voter  and  received  by  the  board  of
    41  elections  not  later than the seventh day before the election for which
    42  the ballot is first requested and which states  the  address  where  the
    43  voter is registered and the address to which the ballot is to be mailed.
    44  The board of elections shall enclose with such ballot a form of applica-
    45  tion for a special federal ballot.
    46    § 20. Subdivision 4 of section 16-102 of the election law, as added by
    47  chapter 135 of the laws of 1986, is amended to read as follows:
    48    4.  A  final  order  including  the  resolution  of any appeals in any
    49  proceeding involving the  names  of  candidates  on  ballots  or  voting
    50  machines  shall be made, if possible, at least five weeks before the day
    51  of the election at which such ballots or voting machines are to be used,
    52  or if such proceeding is commenced within five weeks of  such  election,
    53  no later than the day following the day on which the case is heard.
    54    §  21.  Subdivisions  3  and  4 of section 16-104 of the election law,
    55  subdivision 3 as added by chapter 136 of the laws of 1978  and  subdivi-

        S. 1510                            37                            A. 2010
 
     1  sion  4  as  amended  by chapter 117 of the laws of 1985, are amended to
     2  read as follows:
     3    3.  A  proceeding  pursuant to subdivision two of this section must be
     4  instituted within [fourteen] seven days after the last  day  to  certify
     5  the wording of any such abstract or form of submission.
     6    4.  A  final  order  including  the  resolution  of any appeals in any
     7  proceeding involving the contents of official ballots on voting machines
     8  shall be made, if possible, at least five weeks before the  day  of  the
     9  election  at  which  such  voting  machines  are  to be used, or if such
    10  proceeding is commenced within five weeks of an election, no later  than
    11  the day following the day on which the case is heard.
    12    §  22.  Subdivisions 1 and 4 of section 42 of the public officers law,
    13  subdivision 1 as amended by chapter 878 of the laws of 1946 and subdivi-
    14  sion 4 as amended by chapter 317 of the laws of  1954,  are  amended  to
    15  read as follows:
    16    1.  A vacancy occurring three months or more before [September twenti-
    17  eth of] the general election in any year in any office authorized to  be
    18  filled at a general election, except in the offices of governor or lieu-
    19  tenant-governor, shall be filled at the general election held next ther-
    20  eafter,  unless otherwise provided by the constitution, or unless previ-
    21  ously filled at a special election.
    22    4. A special election shall not be held  to  fill  a  vacancy  in  the
    23  office  of a representative in congress unless such vacancy occurs on or
    24  before the first day of July of the last year of the term of office,  or
    25  unless  it occurs thereafter and a special session of congress is called
    26  to meet before the next general election, or be called after  [September
    27  nineteenth  of]  three  months before the general election in such year;
    28  nor to fill a vacancy in the office of state senator or in the office of
    29  member of assembly, unless the vacancy occurs before the  first  day  of
    30  April  of  the  last  year  of the term of office, or unless the vacancy
    31  occurs in either such office of senator or member of assembly after such
    32  first day of April and a special session of the legislature be called to
    33  meet between such first day of April and the next general election or be
    34  called after three months before the next general election [or be called
    35  after September nineteenth] in such year. If a special election to  fill
    36  an  office  shall  not  be  held as required by law, the office shall be
    37  filled at the next general election.
    38    § 23. This act shall take effect December 31, 2019.
 
    39                                  SUBPART B

    40    Section 1. Section 6-150 of the election law is  amended  to  read  as
    41  follows:
    42    §  6-150.  Nomination;  vacancy  caused  by death or disqualification,
    43  unfilled at time of general or special  election.  If  a  vacancy  shall
    44  occur in a nomination, caused by disqualification or death of the candi-
    45  date subsequent to [noon of the Tuesday] thirty days before a general or
    46  special  election and prior to the closing of the polls on such election
    47  day, such vacancy shall not be filled,  and  the  votes  cast  for  such
    48  [deceased]  candidate  shall  be canvassed and counted, and if he or she
    49  shall receive a plurality of the votes cast, a vacancy  shall  exist  in
    50  the office for which such nomination was made to be filled in the manner
    51  provided  by  law  for  vacancies in office occurring by reason of death
    52  after election.
    53    § 2. Section 6-152 of the election law, as amended by chapter  234  of
    54  the laws of 1976, is amended to read as follows:

        S. 1510                            38                            A. 2010
 
     1    § 6-152. Vacancies caused by death or disqualification and unfilled at
     2  time of primary election. If a vacancy shall occur in a designation of a
     3  candidate  for  nomination  or election at a primary election, caused by
     4  the death or disqualification of a candidate subsequent to [noon of  the
     5  seventh  day]  thirty  days before the primary election and prior to the
     6  closing of the polls, such vacancy shall not be  filled  and  the  votes
     7  cast  for  such  [deceased or disqualified] candidate shall be canvassed
     8  and counted, and, if he or she shall receive a plurality  of  the  votes
     9  cast,  another  candidate  may  thereafter  be  nominated or the vacancy
    10  filled as provided by law or the rules of the party.
    11    § 3. Section 6-154 of the election law is  amended  by  adding  a  new
    12  subdivision 4 to read as follows:
    13    4. Each board of elections or the state board of elections as applica-
    14  ble  shall make any determination required by this section no later than
    15  sixty days before the primary election in  the  case  of  challenges  to
    16  designating or opportunity to ballot petitions and no later than seventy
    17  days before the general election in the case of challenges to nominating
    18  petitions and certificates of designation or nomination.
    19    §  4.  Section  7-116  of  the election law is amended by adding a new
    20  subdivision 8 to read as follows:
    21    8. In cases where a name is added to or removed from the county  board
    22  of  elections' official ballot too late to make a complete compliance to
    23  these requirements feasible, the name may be added at the end of the row
    24  or column of candidates in all election districts, or removed  from  the
    25  ballot  in  all  election  districts  without  changing  the  previously
    26  arranged order of other names and without invalidating the election. Any
    27  inadvertent error in the order of names discovered too late  to  correct
    28  the  order of the names on the ballots concerned shall not invalidate an
    29  election.
    30    Except where a contest or candidate is  removed  from  the  ballot  by
    31  court  order  too  late  to  make  complete compliance with this section
    32  feasible, the title of each public office  or  party  position  and  the
    33  names  of  the  candidates  for such office or position appearing on any
    34  ballot used for elections over which the county board of  elections  has
    35  jurisdiction  shall  appear  on  such ballot immediately adjacent to one
    36  another, either horizontally or vertically; and no  blank  spaces  shall
    37  separate the names of candidates actually running for an office or party
    38  position on such ballot, and no blank spaces shall separate any two such
    39  offices  or  positions which appear on such ballot in the same column or
    40  row.
    41    § 5. Subdivision 3 of section 7-122 of the election law, as amended by
    42  chapter 165 of the laws of 2010, is amended to read as follows:
    43    3. The determination of the appropriate county board of  elections  as
    44  to  the  candidates  duly  designated  or nominated for public office or
    45  party position whose name shall appear on the absentee ballot and as  to
    46  ballot  proposals  to  be  voted  on shall be made no later than the day
    47  after the state board of elections issues  its  certification  of  those
    48  candidates  to be voted for at the general, special or primary election.
    49  The determinations of the state board of elections  and  the  respective
    50  county boards of elections shall be final and conclusive with respect to
    51  such  offices  for  which  petitions  or certificates are required to be
    52  filed with such boards, as the case may be but nothing herein  contained
    53  shall prevent a board of elections, or a court of competent jurisdiction
    54  from  determining  at  a  later date that any such certification, desig-
    55  nation or nomination is invalid and, in the event of such later determi-
    56  nation, no vote cast for any such nominee by any voter shall be  counted

        S. 1510                            39                            A. 2010
 
     1  at  the  election.    Any  order of a court of competent jurisdiction or
     2  determination by the board of elections changing the ballot as previous-
     3  ly determined by  the  board  of  elections  must  be  made  and,  where
     4  required, entered at least twenty days prior to the election.
     5    §  6.  Subdivisions  1  and 2 of section 7-128 of the election law are
     6  amended to read as follows:
     7    1. Each officer or board charged with the duty of  providing  official
     8  ballots  for  an  election  shall  have  sample  ballots  open to public
     9  inspection [five] fifty  days,  except  in  the  case  of  extraordinary
    10  circumstances  in which case on the earliest day practicable, before the
    11  election for which [they were] the ballots have been  prepared  and  the
    12  official  ballots  open  to such inspection [four] fifty days, except in
    13  the case of extraordinary circumstances in which case  on  the  earliest
    14  day  practicable,  before such election except that the sample and offi-
    15  cial ballots for a village election held at  a  different  time  from  a
    16  general  election  shall  be open to public inspection at least two days
    17  before such election. During the times within which the ballots are open
    18  for inspection, such officer or board shall deliver to each voter apply-
    19  ing therefor a sample of the ballot which he or she is entitled to vote.
    20    2. Each officer or board charged with the duty of preparing ballots to
    21  be used [on] with voting machines in any election shall:
    22    a. give written notice, by first class mail, to all candidates, except
    23  candidates for member of the county committee, who are lawfully entitled
    24  to have their names appear thereon, of the  time  when,  and  the  place
    25  where,  they  may  inspect  the [voting machines] ballots to be used for
    26  such election. The candidates or their  designated  representatives  may
    27  appear  at  the  time and place specified in such notice to inspect such
    28  [machines] ballots, provided, however, that the time so specified  shall
    29  [be  not less than two] occur no later than forty-six days [prior to the
    30  date of] before the election at which the  ballots  will  be  used.    A
    31  candidate,  whose  name appears on the ballot [for an election district]
    32  or his or her designated representative, may, in  the  presence  of  the
    33  election  officer  attending  the  [voting  machine] ballot, inspect the
    34  [face of the machine] ballot to see that his or her ballot [label] posi-
    35  tion is in its proper place[, but at no time during the inspection shall
    36  the booth be closed] or places.
    37    b. give written notice, by first class mail, to all candidates, except
    38  candidates for member of the county committee, who are lawfully entitled
    39  to have their names appear thereon, of the  time  when,  and  the  place
    40  where,  they  may  inspect the voting machines or systems to be used for
    41  such election. The candidates or their  designated  representatives  may
    42  appear  at  the  time  and  place  specified  in such notice to view the
    43  conduct of the logic and accuracy testing required to  be  performed  on
    44  such  voting  machines  or  systems,  provided however, that the time so
    45  specified shall be not less than twenty days prior to the  date  of  the
    46  election.
    47    § 7. Section 7-130 of the election law is amended to read as follows:
    48    §  7-130.  Ballots;  examination  by  voters and instruction in use of
    49  voting machines or systems.  One or more voting  machines  [which  shall
    50  contain  the  ballot  labels] or systems on which ballots shall be cast,
    51  showing the party [emblems]  names  and  [title]  titles  of  [officers]
    52  offices  to  be voted for, and which shall so far as practicable contain
    53  the names of the candidates to be voted for, shall be placed  on  public
    54  exhibition  in some suitable place by the board of elections, [in charge
    55  of competent instructors,] for at least three  days  during  the  thirty
    56  days next preceding an election. No voting machine or system which is to

        S. 1510                            40                            A. 2010

     1  be  assigned for use in an election shall be used for such purpose after
     2  having been prepared and sealed for the  election.  During  such  public
     3  exhibition,  the  counting  mechanism  of the machine or system shall be
     4  concealed  from  view  and  the doors, if any, may be temporarily opened
     5  only when authorized by the board or official having charge and  control
     6  of  the  election. Any voter shall be allowed to examine such machine or
     7  system, and upon request shall be instructed in its use.
     8    § 8. Section 16-100 of the election law is amended  by  adding  a  new
     9  subdivision 3 to read as follows:
    10    3.  In  view  of  the time required for boards of elections to reprint
    11  ballots and to conduct logic and accuracy testing required by title  two
    12  of  article  seven of this chapter and regulations of the state board of
    13  elections, no court shall, except in extraordinary circumstances,  enter
    14  a final order including the resolution of any appeals issued pursuant to
    15  subdivision  four  of section 16-102 of this article or subdivision four
    16  of section 16-104 of this article unless  such  order  or  determination
    17  shall  be  made in conformance with the time frame requirements of those
    18  sections.
    19    § 9. Subdivision 4 of section 16-102 of the election law, as added  by
    20  chapter 135 of the laws of 1986, is amended to read as follows:
    21    4.  A  final  order  including  the  resolution  of any appeals in any
    22  proceeding involving the  names  of  candidates  on  ballots  or  voting
    23  [machines]  systems  shall,  except  in  extraordinary circumstances, be
    24  made[, if possible,] at least [five weeks] fifty-five  days  before  the
    25  day  of  the election at which such ballots or voting [machines] systems
    26  are to be used, or if such proceeding is commenced within  [five  weeks]
    27  fifty-five  days  of  such election, no later than the day following the
    28  day on which the case is heard.
    29    § 10. Subdivisions 1, 3 and 4 of section 16-104 of the  election  law,
    30  subdivision  3  as added by chapter 136 of the laws of 1978 and subdivi-
    31  sion 4 as amended by chapter 117 of the laws of  1985,  are  amended  to
    32  read as follows:
    33    1.  The form and content of any ballot, or portion thereof, to be used
    34  in an election, and the right to use any emblem design, color, party  or
    35  independent  body  name,  may be contested in a proceeding instituted in
    36  the supreme court by any aggrieved candidate or by the chairman  of  any
    37  party  committee  or  independent  body.   A proceeding pursuant to this
    38  subdivision must be instituted within five days of the last date of  the
    39  inspection of the ballot pursuant to paragraph (a) of subdivision two of
    40  section 7-128 of this chapter.
    41    3.  A  proceeding  pursuant to subdivision two of this section must be
    42  instituted within [fourteen] seven days after the last  day  to  certify
    43  the wording of any such abstract or form of submission.
    44    4.  A  final  order  including  the  resolution  of any appeals in any
    45  proceeding involving the contents of official  ballots  to  be  used  on
    46  [voting machines] ballot scanners shall, except in extraordinary circum-
    47  stances,  be made[, if possible,] at least [five weeks] twenty-five days
    48  before the day of the election at which such  [voting  machines]  ballot
    49  scanners are to be used[, or if such proceeding is commenced within five
    50  weeks  of  an election, no later than the day following the day on which
    51  the case is heard].
    52    § 11. This act shall take effect December 31, 2019.
    53    § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
    54  section  or part of this act shall be adjudged by any court or competent
    55  jurisdiction to be invalid, such judgement shall not affect, impair,  or
    56  invalidate the remainder thereof, but shall be confined in its operation

        S. 1510                            41                            A. 2010
 
     1  to  the  clause,  sentence,  paragraph,  subdivision, section or subpart
     2  thereof directly involved in the controversy  in  which  such  judgement
     3  shall  have  been  rendered.  It  is hereby declared to be intent of the
     4  legislature  that  this act would have been enacted even if such invalid
     5  provisions had not been included herein.
     6    § 3. This act shall take effect immediately; provided,  however,  that
     7  the applicable effective date of subparts A through B of this part shall
     8  be as specifically set forth in the last section of such subparts.
 
     9                                   PART F

    10    Section  1.    Section  14-116  of  the election law, subdivision 1 as
    11  redesignated by chapter 9 of the laws of 1978, subdivision 2 as  amended
    12  by chapter 260 of the laws of 1981, is amended to read as follows:
    13    §  14-116.  Political  contributions  by certain organizations. 1.  No
    14  corporation or joint-stock association doing  business  in  this  state,
    15  except  a  corporation  or association organized or maintained for poli-
    16  tical purposes only, shall directly or indirectly pay or use  or  offer,
    17  consent  or  agree  to pay or use any money or property for or in aid of
    18  any political party, committee or organization, or for, or  in  aid  of,
    19  any corporation, limited liability company, joint-stock or other associ-
    20  ation  organized or maintained for political purposes, or for, or in aid
    21  of, any candidate for  political  office  or  for  nomination  for  such
    22  office,  or for any political purpose whatever, or for the reimbursement
    23  or indemnification of any person for moneys or  property  so  used.  Any
    24  officer, director, stock-holder, member, owner, attorney or agent of any
    25  corporation, limited liability company, or joint-stock association which
    26  violates  any  of  the  provisions of this section, who participates in,
    27  aids, abets or advises or consents  to  any  such  violations,  and  any
    28  person  who  solicits  or  knowingly  receives  any money or property in
    29  violation of this section, shall be guilty of a misdemeanor.
    30    2. Notwithstanding the provisions of subdivision one of this  section,
    31  any  corporation, limited liability company, joint stock association, or
    32  an organization financially supported in whole or in part[,] by any such
    33  [corporation] entity, may make expenditures[,  including  contributions,
    34  not  otherwise  prohibited  by law, for political purposes, in an amount
    35  not to exceed five thousand dollars in the  aggregate  in  any  calendar
    36  year] not otherwise prohibited by law for political purposes in the form
    37  of  contributions to independent expenditure committees, and in the form
    38  of  independent  expenditures  made  as   an   independent   expenditure
    39  committee;  provided  that no public utility shall use revenues received
    40  from the rendition of public service within the state for  contributions
    41  for  political  purposes unless such cost is charged to the shareholders
    42  of such a public service corporation.
    43    § 2. This act shall take effect immediately.

    44                                   PART G
 
    45    Section 1. Section 5-211 of the election law, as  amended  by  chapter
    46  659  of  the  laws of 1994, the section heading and opening paragraph as
    47  amended by chapter 265 of the laws of 2013, and subdivisions 11  and  14
    48  as  amended  by  chapter  200 of the laws of 1996, is amended to read as
    49  follows:
    50    § 5-211. Agency assisted registration. Each  agency  designated  as  a
    51  participating  agency  under the provisions of this section shall imple-
    52  ment and administer a program of [distribution of]  integrated  personal

        S. 1510                            42                            A. 2010
 
     1  voter  registration  [forms]  applications pursuant to the provisions of
     2  this section. The following  offices  which  provide  public  assistance
     3  and/or  provide  state  funded  programs  primarily engaged in providing
     4  services  to  persons  with  disabilities are hereby designated as voter
     5  registration agencies: designated as the state  agencies  which  provide
     6  public  assistance  are  the office of children and family services, the
     7  office of temporary and disability  assistance  and  the  department  of
     8  health.  Also  designated as public assistance agencies are all agencies
     9  of local government that provide such assistance.  Designated  as  state
    10  agencies  that  provide programs primarily engaged in providing services
    11  to people with disabilities are the department of labor, office for  the
    12  aging, division of veterans' affairs, office of mental health, office of
    13  vocational  and  educational services for individuals with disabilities,
    14  commission on quality of care  for  the  mentally  disabled,  office  of
    15  mental  retardation  and  developmental disabilities, commission for the
    16  blind, office of alcoholism and substance abuse services, the office  of
    17  the  advocate for the disabled and all offices which administer programs
    18  established or funded by such agencies. Additional state agencies desig-
    19  nated as voter registration offices are the department of state and  the
    20  division  of  workers'  compensation. Such agencies shall be required to
    21  offer [voter registration forms] integrated personal voter  registration
    22  applications  to  persons upon initial application for services, renewal
    23  or recertification for services and change of address relating  to  such
    24  services  whether  electronically or on paper.  Such agencies shall also
    25  be responsible for providing  assistance  to  applicants  in  completing
    26  voter  registration  forms,  receiving  and  transmitting  the completed
    27  application form from all applicants who wish to have such  form  trans-
    28  mitted to the appropriate board of elections.  The agency shall transmit
    29  to the state board of elections that portion of each integrated personal
    30  voter  registration application received by the agency, whether received
    31  electronically or on paper, that includes  voter  registration  informa-
    32  tion.  Such  transmittal  by the agency shall occur through an interface
    33  with the electronic voter registration  transmittal  system  established
    34  and  maintained  by  the  state  board  of elections. The state board of
    35  elections shall electronically forward such application to the  applica-
    36  ble  board  of  elections  of  each  county  or the city of New York for
    37  filing, processing and verification consistent with  this  chapter.  The
    38  state  board  of  elections  shall, together with representatives of the
    39  department of defense, develop and implement  procedures  for  including
    40  recruitment  offices  of  the armed forces of the United States as voter
    41  registration offices when such offices are so designated by federal law.
    42  The state board shall also make request of the United States Immigration
    43  and Naturalization Service to include applications for  registration  by
    44  mail  with  any  materials  which  are given to new citizens. All insti-
    45  tutions of the state university of New York and the city  university  of
    46  New York, shall, at the beginning of the school year, and again in Janu-
    47  ary  of  a  year  in  which  the president of the United States is to be
    48  elected, provide an application for registration to each student in each
    49  such institution. The state board of elections may, by regulation, grant
    50  a waiver from any or all of the requirements  of  this  section  to  any
    51  office or program of an agency, if it determines that it is not feasible
    52  for such office or program to administer such requirement.
    53    1. The state board of elections shall adopt such rules and regulations
    54  as  may  be  necessary to carry out the requirements of this section and
    55  shall  prepare  and  distribute  to   participating   agencies   written
    56  instructions  as  to  the  implementation  of  the  program and shall be

        S. 1510                            43                            A. 2010
 
     1  responsible for establishing training programs for employees of  partic-
     2  ipating  agencies involved in such program. The state board of elections
     3  shall provide a toll free telephone to answer registration questions.
     4    2. Strict neutrality with respect to a person's party enrollment shall
     5  be  maintained  and  all  persons  seeking  voter registration forms and
     6  information shall be advised that government  services  are  not  condi-
     7  tioned  on  being registered to vote. No statement shall be made nor any
     8  action taken to discourage the applicant from registering to vote.
     9    3. If a participating agency provides services  to  a  person  with  a
    10  disability  at  the  person's place of residence, the agency shall offer
    11  the opportunity to complete a voter registration form at such  place  of
    12  residence.
    13    4.  Each participating agency shall provide to each applicant who does
    14  not decline to register to vote  the  same  degree  of  assistance  with
    15  regard  to  the  completion  of  the registration application form as is
    16  provided by the agency with regard to the completion  of  its  own  form
    17  unless the applicant refuses such assistance.
    18    5.  Employees  of a voter registration agency who provide voter regis-
    19  tration assistance shall not:
    20    (a) seek to influence an applicant's  political  preference  or  party
    21  designation;
    22    (b) display any political preference or party allegiance;
    23    (c)  make any statement to an applicant or take any action the purpose
    24  or effect of which is to discourage the applicant  from  registering  to
    25  vote; or
    26    (d)  make any statement to an applicant or take any action the purpose
    27  or effect of which is to lead the applicant to believe that  a  decision
    28  to  register  or  not to register has any bearing on the availability of
    29  services or benefits.
    30    6. The state board of  elections  shall  coordinate  and  monitor  the
    31  distribution  of  voter  registration  forms  by  those  state agencies,
    32  departments, divisions  and  offices  selected  to  participate  in  the
    33  program to maximize the efficient and non partisan distribution of voter
    34  registration  information  and  forms.  The  board shall also adopt such
    35  rules and regulations as may be necessary to require county  boards  and
    36  participating  agencies to provide the state board with such information
    37  and data as the board deems necessary to  assess  compliance  with  this
    38  section and to compile such statistics as may be required by the federal
    39  elections commission.
    40    7.  Each  participating  agency,  department, division and office that
    41  makes available integrated personal voter registration [forms]  applica-
    42  tions  shall  prominently  display  promotional  materials  designed and
    43  approved by the state board of elections, informing the  public  of  the
    44  existence of voter registration services.
    45    8.  Each  participating  agency,  department,  division or office that
    46  makes available integrated personal voter registration [forms]  applica-
    47  tions pursuant to this section shall offer with each application for the
    48  services  or  assistance  of such agency, department, division or office
    49  and with each recertification, renewal or change of address form  relat-
    50  ing to such service or assistance, [a registration form together] wheth-
    51  er electronically or on paper, an application with instructions relating
    52  to  eligibility  to  register  and  for completing the form [except that
    53  forms used by the department of social services for the initial applica-
    54  tion for services, renewal or recertification for services and change of
    55  address relating to such services shall physically incorporate  a  voter
    56  registration  application  in a fashion that permits the voter registra-

        S. 1510                            44                            A. 2010

     1  tion portion of the agency form to be detached  therefrom].  Such  voter
     2  registration application shall be designed so as to ensure the confiden-
     3  tiality of the source of the application. [Included on] The voter regis-
     4  tration related portion of each participating agency's integrated appli-
     5  cation for services or assistance [or on a separate form] shall [be]:
     6    (a)  not  require  any  information  that  duplicates  the information
     7  required by the portion of the form related to the application for agen-
     8  cy services or assistance and shall require only such additional  infor-
     9  mation  as  will  enable  election  officials  to assess the applicant's
    10  eligibility to register to vote, prevent duplicate registration  and  to
    11  administer voter registration and other parts of the election process;
    12    (b)  include  a  statement  of  the eligibility requirements for voter
    13  registration and shall require the applicant to attest  by  his  or  her
    14  signature  that  he  or  she  meets  those requirements under penalty of
    15  perjury unless such applicant declines such registration;
    16    (c) inform the applicant, in print  identical  to  that  used  in  the
    17  attestation section of the following:
    18    (i) voter eligibility requirements;
    19    (ii) penalties for submission of false registration application;
    20    (iii)  that  the  office  where the applicant applies for registration
    21  shall remain confidential and the voter registration  information  shall
    22  be used only for voter registration purposes;
    23    (iv) that if the applicant applies to register to vote electronically,
    24  such  applicant thereby consents to the use of an electronic copy of the
    25  individual's manual signature that is in the custody of  the  department
    26  of  motor vehicles, the state board of elections, or other agency desig-
    27  nated by this section or section 5-212 of this title,  as  the  individ-
    28  ual's  voter  registration  exemplar signature if the individual voter's
    29  exemplar signature is not provided with the voter registration  applica-
    30  tion,  or  provides  such  a signature by direct upload in a manner that
    31  complies with the New York state electronic signature  and  records  act
    32  and  the  rules  and  regulations  promulgated  by  the  state  board of
    33  elections; and
    34    (v) if the applicant declines to register, such  applicant's  declina-
    35  tion  shall  remain confidential and be used only for voter registration
    36  purposes;
    37    (d) include a box for the applicant to check to indicate  whether  the
    38  applicant  would  like  to  decline  to  register to vote along with the
    39  statement in prominent type, "IF YOU DO NOT  CHECK  THIS  BOX,  AND  YOU
    40  PROVIDE  YOUR  SIGNATURE  ON  THE SPACE BELOW, YOU WILL HAVE ATTESTED TO
    41  YOUR ELIGIBILITY TO REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGIS-
    42  TER TO VOTE.";
    43    (e) include a space for the applicant to indicate his or her choice of
    44  party enrollment, with a clear alternative provided for the applicant to
    45  decline to affiliate with any party;
    46    [(a) the question, "If you are not registered to vote where  you  live
    47  now, would you like to apply to register here today?"]
    48    [(b)  The  statement,] (f) state "applying to register or declining to
    49  register to vote will not affect the amount of assistance that you  will
    50  be provided by this agency.";
    51    [(c)  boxes  for the applicant to check to indicate whether the appli-
    52  cant would like to register or decline to register to vote.
    53    (d) the statement in prominent type, "IF YOU DO NOT CHECK EITHER  BOX,
    54  YOU  WILL  BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
    55  TIME."]

        S. 1510                            45                            A. 2010
 
     1    [(e) the statement,] (g) state "If you would like help in filling  out
     2  the  voter registration application form, we will help you. The decision
     3  whether to seek or accept help is yours. You may fill out  the  applica-
     4  tion form in private.";
     5    [(f) the statement,] (h) state "If you believe that someone has inter-
     6  fered  with  your right to register or decline to register to vote, your
     7  right to privacy in deciding whether  to  register  or  in  applying  to
     8  register  to  vote,  or your right to choose your own political party or
     9  other political preference, you may file  a  complaint  with  the  state
    10  board of elections (address and toll free telephone number)."; and
    11    [(g)]  (i)  contain a toll free number at the state board of elections
    12  that can be called for answers to registration questions.
    13    9. An integrated personal voter registration application submitted  to
    14  an  agency  in  paper  format shall be transmitted to the state board of
    15  elections through an electronic voter registration transmittal system by
    16  converting the paper form to an image file or a portable document format
    17  file which shall thereafter be deemed the original form for voter regis-
    18  tration and enrollment purposes.  The agency shall retain  the  complete
    19  original  paper  application for no less than two years. The transmittal
    20  of the converted paper application shall include all of the voter regis-
    21  tration data elements, including signature, and record of attestation of
    22  the accuracy of the voter registration information, and may  include  or
    23  be  accompanied by data elements and transmittal information as required
    24  by the rules and regulations of the state board of elections. A  digital
    25  image  of  a  signature  shall  satisfy  the  signature  requirement for
    26  purposes of this subdivision.
    27    10. An integrated personal voter registration application submitted to
    28  an agency in an electronic format shall  be  transmitted  to  the  state
    29  board of elections through the electronic voter registration transmittal
    30  system  and  shall  include all of the voter registration data elements,
    31  including signature, and record of attestation of the  accuracy  of  the
    32  voter  registration  information  and  any  relevant  document images. A
    33  signature may be electronic for purposes of this subdivision.
    34    11. The agency shall redact or remove from  the  completed  integrated
    35  application to be transmitted to the state board of elections any infor-
    36  mation solely applicable to the agency application.
    37    12. Disclosure of voter registration information, including a declina-
    38  tion  to  register,  by a participating agency, its agents or employees,
    39  for other than voter registration purposes, shall be  deemed  an  unwar-
    40  ranted invasion of personal privacy pursuant to the provisions of subdi-
    41  vision  two  of section eighty-nine of the public officers law and shall
    42  constitute a violation of this chapter.
    43    [10.] 13. The form containing the  declination  to  register  to  vote
    44  shall be retained by the recipient agency for the same period of time as
    45  such  agency  retains  the  accompanying application for services or for
    46  such shorter period of time as may be approved by  the  state  board  of
    47  elections.
    48    [11.]  14. The participating agency shall transmit the completed inte-
    49  grated personal voter registration applications [for  registration]  and
    50  change  of  address  forms to the [appropriate] state board of elections
    51  not later than ten days after receipt except  that  all  such  completed
    52  applications  and forms received by the agency between the thirtieth and
    53  twenty-fifth day before an election shall be transmitted in such  manner
    54  and  at  such  time as to assure their receipt by [such] the appropriate
    55  board of  elections  not  later  than  the  twentieth  day  before  such
    56  election.

        S. 1510                            46                            A. 2010
 
     1    [12.]  15.  Completed  [application  forms]  integrated personal voter
     2  registration applications, when received by a participating  agency  not
     3  later than the twenty-fifth day before the next ensuing primary, general
     4  or  special election and transmitted by such agency to the [appropriate]
     5  state  board of elections so that they are received by [such] the appro-
     6  priate board not later than the twentieth day before such election shall
     7  entitle the applicant to vote in such election provided the board deter-
     8  mines that the applicant is otherwise qualified.
     9    [13. The state board of elections shall provide application forms  for
    10  use  pursuant  to  this section except that any agency which uses a form
    11  other than such registration form shall  be  responsible  for  providing
    12  such  form.  Forms  which  vary  in  design and or content from the form
    13  approved by the state board of elections  may  only  be  used  with  the
    14  approval of such board.
    15    14.]  16. Applications shall be processed by the board of elections in
    16  the manner prescribed by section 5-210 of this title or, if  the  appli-
    17  cant is already registered to vote from another address in the county or
    18  city, in the manner prescribed by section 5-208 of this title. The board
    19  shall  send  the appropriate notice of approval or rejection as required
    20  by either subdivision nine of such section 5-210 or subdivision five  of
    21  such section 5-208.
    22    [15.] 17. The head of each participating agency shall take all actions
    23  which  are  necessary and proper for the implementation of this section.
    24  Each agency head shall designate one person within  the  agency  as  the
    25  agency  voter  registration coordinator who will, under the direction of
    26  the state board of elections, be responsible for the voter  registration
    27  program in such agency.
    28    [16.] 18. The state board shall develop and distribute public informa-
    29  tion  and promotional materials relating to the purposes and implementa-
    30  tion of this program.
    31    [17.] 19. Each agency designated as a participating agency under  this
    32  section  shall  conduct  a  study  and prepare a report to determine the
    33  feasibility, practicality  and  cost-effectiveness  of  designing  their
    34  agency  intake  forms  to  serve  also  as voter registration forms that
    35  comply with state and federal  law.  Such  study  and  report  shall  be
    36  completed  by December 1, 1996. Copies of such reports shall be provided
    37  to the governor, the temporary president of the senate, the  speaker  of
    38  the  assembly  and the state board of elections. After submission of the
    39  report, participating agencies that determine that it is feasible, prac-
    40  tical and cost-effective to have such forms also serve as  voter  regis-
    41  tration  forms  shall  do  so  upon  the  approval of the state board of
    42  elections. For each agency that determines it is feasible, practical and
    43  cost effective to use agency intake  forms  that  serve  also  as  voter
    44  registration forms, the state board of elections shall approve or disap-
    45  prove  such use within six months of the submission of the report by the
    46  agency.
    47    20. The voter shall be able to sign the voter registration application
    48  and the agency application by means of a  single  manual  or  electronic
    49  signature  unless  the agency requires more than one signature for other
    50  agency purposes.
    51    21. No application for voter registration shall be  submitted  if  the
    52  applicant declines registration or fails to sign the integrated applica-
    53  tion, whether on paper or online.
    54    22.  (a) If a voter registration exemplar signature is not provided by
    55  an applicant who submits a voter registration  application  pursuant  to
    56  this title, the local board shall seek to obtain such exemplar signature

        S. 1510                            47                            A. 2010
 
     1  from  the  statewide  voter  registration  database,  the state board of
     2  elections, or a state or local agency  designated  by  this  section  or
     3  section 5-212 of this title.
     4    (b)  If  such  exemplar  signature is not available from the statewide
     5  voter registration database, the state board of elections, or a state or
     6  local agency designated by this section or section 5-212 of this  title,
     7  the  local board of elections shall, absent another reason to reject the
     8  application, proceed to register and, as applicable, enroll  the  appli-
     9  cant.  Within ten days of such action, the board of elections shall send
    10  a standard form promulgated by the state board of elections to the voter
    11  whose record lacks an exemplar signature, requiring such voter to submit
    12  a signature for identification purposes. The voter shall submit  to  the
    13  board of elections a voter registration exemplar signature by any one of
    14  the  following  methods:  in  person,  by  mail with return postage paid
    15  provided by the board of elections, by electronic mail, or by electronic
    16  upload to the board of elections through the electronic voter  registra-
    17  tion  transmittal  system.  If  such voter does not provide the required
    18  exemplar signature, when the voter appears to vote the  voter  shall  be
    19  entitled  to vote in the same manner as a voter with a notation indicat-
    20  ing the voter's identity  has  not  yet  been  verified  in  the  manner
    21  provided by section 8-302 of this chapter.
    22    23.  Notwithstanding subdivision six of section 5-210 of this title or
    23  any other law to the contrary, a person who is ineligible  to  vote  who
    24  fails  to  decline to register to vote in accordance with the provisions
    25  of this section and did not willfully or knowingly seek to  register  to
    26  vote knowing that he or she is not eligible to do so:
    27    (a)  shall not be guilty of any crime as the result of the applicant's
    28  failure to make such declination;
    29    (b) shall be deemed to have been  registered  with  official  authori-
    30  zation; and
    31    (c)  such act may not be considered as evidence of a claim to citizen-
    32  ship.
    33    24. Notwithstanding subdivision six of section 5-210 of this title  or
    34  any  other  law  to the contrary, a person who is ineligible to vote who
    35  fails to decline to register to vote in accordance with  the  provisions
    36  of  this  section,  who  then  either  votes  or  attempts to vote in an
    37  election held after the effective date of  that  person's  registration,
    38  and  who did not willfully or knowingly seek to register to vote knowing
    39  that he or she is not eligible to do so, and did not  subsequently  vote
    40  or attempt to vote knowing that he or she is not eligible to do so:
    41    (a)  shall not be guilty of any crime as the result of the applicant's
    42  failure to make such declination and subsequent vote or attempt to vote;
    43    (b) shall be deemed to have been  registered  with  official  authori-
    44  zation; and
    45    (c)  such act may not be considered as evidence of a claim to citizen-
    46  ship.
    47    25. Notwithstanding any other law to the contrary,  no  agency  desig-
    48  nated  under  this  section shall transmit to the board of elections any
    49  application for registration or pre-registration for a person  that  is,
    50  by  virtue  of data maintained by the agency, demonstrably ineligible to
    51  register or pre-register to vote by reason of age or not being a citizen
    52  of the United States.
    53    26. The state board of elections  shall  promulgate  rules  and  regu-
    54  lations  to  implement  this  section.    All  agency  forms and notices
    55  required by this section  shall  be  approved  by  the  state  board  of
    56  elections.  All applications and notices for use by a board of elections

        S. 1510                            48                            A. 2010
 
     1  pursuant to this section shall be promulgated  by  the  state  board  of
     2  elections,  and  no  addition  or alteration to such forms by a board of
     3  elections  shall  be  made  without  approval  of  the  state  board  of
     4  elections.
     5    § 2. This act shall take effect on the earlier occurrence of:  (i) two
     6  years after it shall have become a law; or (ii) five days after the date
     7  of  certification  by  the state board of elections that the information
     8  technology infrastructure to substantially implement this act  is  func-
     9  tional. Provided, further that the state board of elections shall notify
    10  the  legislative  bill  drafting  commission  upon the occurrence of the
    11  enactment of the legislation provided for in this act in order that  the
    12  commission  may  maintain  an accurate and timely effective data base of
    13  the official text of the laws of the state of New York in furtherance of
    14  effectuating the provisions of section 44 of  the  legislative  law  and
    15  section  70-b  of  the  public  officers law. Effective immediately, the
    16  addition, amendment and/or repeal of any rule  or  regulation  necessary
    17  for  the implementation of this act on its effective date are authorized
    18  to be made and completed on or before such date.
 
    19                                   PART H
 
    20    Section 1. Section 3-110 of the election law, as renumbered by chapter
    21  234 of the laws of 1976, is amended to read as follows:
    22    § 3-110. Time allowed employees to vote. 1. [If a] A registered  voter
    23  [does  not  have  sufficient  time  outside of his working hours, within
    24  which to vote at any election, he] may, without loss of pay  for  up  to
    25  [two] three hours, take off so much working time as will[, when added to
    26  his voting time outside his working hours,] enable him or her to vote at
    27  any election.
    28    2. [If an employee has four consecutive hours either between the open-
    29  ing  of the polls and the beginning of his working shift, or between the
    30  end of his working shift and the closing  of  the  polls,  he  shall  be
    31  deemed to have sufficient time outside his working hours within which to
    32  vote. If he has less than four consecutive hours he may take off so much
    33  working  time  as will when added to his voting time outside his working
    34  hours enable him to vote, but not more than two hours of which shall  be
    35  without  loss  of  pay,  provided that he] The employee shall be allowed
    36  time off for voting only at the beginning or end of his or  her  working
    37  shift, as the employer may designate, unless otherwise mutually agreed.
    38    3. If the employee requires working time off to vote [he] the employee
    39  shall  notify  his or her employer not [more than ten nor] less than two
    40  working days before the day of the election that he or she requires time
    41  off to vote in accordance with the provisions of this section.
    42    4. Not less than ten working days before every election, every employ-
    43  er shall post conspicuously in the place of work where it can be seen as
    44  employees come or go to their place of work, a notice setting forth  the
    45  provisions  of this section.  Such notice shall be kept posted until the
    46  close of the polls on election day.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART I
 
    49    Section 1. Subdivision 2 of section 8-100  of  the  election  law,  as
    50  amended  by  chapter  367  of  the  laws  of 2017, is amended to read as
    51  follows:

        S. 1510                            49                            A. 2010
 
     1    2. Polls shall be open for voting during the following hours: a prima-
     2  ry election from [twelve o'clock noon until nine o'clock in the evening,
     3  except in the city of New York and  the  counties  of  Nassau,  Suffolk,
     4  Westchester,  Rockland,  Orange,  Putnam, Dutchess and Erie, and in such
     5  city  or  county  from] six o'clock in the morning until nine o'clock in
     6  the evening; the general election from six o'clock in the morning  until
     7  nine  o'clock  in the evening; a special election called by the governor
     8  pursuant to the public officers law, and, except as  otherwise  provided
     9  by law, every other election, from six o'clock in the morning until nine
    10  o'clock in the evening; early voting hours shall be as provided in title
    11  six of this article.
    12    § 2. This act shall take effect on the first of January after it shall
    13  have become a law and shall apply to any election held 120 days after.
 
    14                                   PART J
 
    15    Section  1. The opening paragraph of paragraph (b) of subdivision 4 of
    16  section 3-212 of the election law, as amended by chapter 79 of the  laws
    17  of 1992, is amended to read as follows:
    18    Said  annual report, as required by paragraph (a) of this subdivision,
    19  shall include a detailed description of existing  programs  designed  to
    20  enhance  voter  registration,  including pre-registration.   Such report
    21  shall include a voter registration action plan which details the various
    22  activities and programs of each board, including a description of  those
    23  steps which shall be taken in the future to increase registration oppor-
    24  tunities,  especially  for  those identifiable groups of persons histor-
    25  ically underrepresented on the rolls of registered voters;  and  coordi-
    26  nate  voter  education  programs  with  school  districts,  colleges and
    27  universities within the board's jurisdiction including  voter  registra-
    28  tion of qualified applicants and instructional or extracurricular activ-
    29  ities promoting participation in the electoral process.
    30    § 2. Paragraph (g) and subparagraphs (vi) and (xi) of paragraph (k) of
    31  subdivision  5 of section 5-210 of the election law, as amended by chap-
    32  ter 179 of the laws of 2005, are amended to read as follows:
    33    (g) Notice that the applicant must be a citizen of the United  States,
    34  is  [or  will  be] at least [eighteen] sixteen years old [not later than
    35  December  thirty-first  of  the  calendar  year  in  which  he  or   she
    36  registers], and is a resident of the county or city to which application
    37  is made.
    38    (vi) A space for the applicant to answer the question ["Will you be 18
    39  years  of  age  on  or before election day?"] "Are you at least 16 years
    40  old?" and the statement "If you checked "no" in response to  this  ques-
    41  tion, do not complete this form [unless you will be 18 by the end of the
    42  year]."
    43    (xi)  A place for the applicant to execute the form on a line which is
    44  clearly labeled "signature  of  applicant"  preceded  by  the  following
    45  specific form of affirmation:
    46    AFFIDAVIT: I swear or affirm that:
    47       * I am a citizen of the United States.
    48       * I will have lived in the county, city, or village for at least 30
    49         days before the election.
    50       * I  meet  all the requirements to register or pre-register to vote
    51         in New York State.
    52       * This is my signature or mark on the line below.

        S. 1510                            50                            A. 2010
 
     1       * All the information contained on  this  application  is  true.  I
     2         understand that if it is not true I can be convicted and fined up
     3         to $5,000 and/or jailed for up to four years.
     4  which  form of affirmation shall be followed by a space for the date and
     5  the aforementioned line for the applicant's signature.
     6    § 3. Paragraph o of subdivision 4 of section  5-500  of  the  election
     7  law, as amended by chapter 659 of the laws of 1994, is amended and a new
     8  paragraph p is added to read as follows:
     9    o.  A space for "remarks" regarding other facts required by this chap-
    10  ter to be recorded or appropriate to identify the voter[.];
    11    p. A space for pre-registering applicants to respond to the  following
    12  question: "Are you at least 16 years of age and understand that you must
    13  be 18 years of age on or before election day to vote, and that until you
    14  reach  the  age  of 18 your registration will be marked as 'pending' and
    15  you will be unable to cast a ballot in any election?".
    16    § 4. Subdivision 1 of section 5-102 of the election law is amended  to
    17  read as follows:
    18    1.  No  person  shall  be  qualified  to  register for and vote at any
    19  election unless he is a citizen of the United States [and is or will be,
    20  on the day of such election], is eighteen years of age or over, and is a
    21  resident of this state and of the county, city or village for a  minimum
    22  of thirty days next preceding such election.
    23    § 5. The election law is amended by adding a new section 5-507 to read
    24  as follows:
    25    §  5-507.  Voter  pre-registration.  A  person who is at least sixteen
    26  years of age and who is otherwise qualified  to  register  to  vote  may
    27  pre-register  to vote, and shall be automatically registered upon reach-
    28  ing the age of eligibility, following verification of the person's qual-
    29  ifications and address.
    30    § 6. This act shall take effect on the first of January next  succeed-
    31  ing the date on which it shall have become a law. Effective immediately,
    32  the addition, amendment and/or repeal of any rules or regulations neces-
    33  sary  for  the  implementation  of  this  act  on its effective date are
    34  authorized to be made and completed on or before such date.
 
    35                                   PART K
 
    36    Section 1. The election law is amended by adding a new section  14-131
    37  to read as follows:
    38    § 14-131. Government vendor contributions. 1. (a) It shall be unlawful
    39  during  the restricted vendor contribution period for any person, organ-
    40  ization, group of persons, or business entity that submits a bid, quota-
    41  tion, offer or response to a state governmental entity posting or solic-
    42  itation for procurement to make a contribution to  any  officeholder  of
    43  the state governmental entity or entities issuing such posting or solic-
    44  itation,  evaluating  such  response  or approving or awarding the final
    45  procurement contract, or to any candidate for an office of such  govern-
    46  mental  entity,  including to such officeholder's or candidate's author-
    47  ized political committees.
    48    (b) For purposes of this section the  assembly  and  senate  shall  be
    49  separate and distinct governmental entities when a particular posting or
    50  solicitation for procurement is issued by only one respective house.
    51    (c)  The  state  governmental  entity directly responsible for issuing
    52  such posting or solicitation for procurement shall include a  notice  of
    53  the  prohibition  established by this section and the state governmental
    54  entity responsible for evaluating responses to such posting or solicita-

        S. 1510                            51                            A. 2010
 
     1  tion shall provide to any person, organization,  group  of  persons,  or
     2  business  entity  that submits a proposal in response to such posting or
     3  solicitation a notice of the prohibition established by this section and
     4  the restricted vendor contribution period commencement date.
     5    2.  As  used in this section "business entity" means a business corpo-
     6  ration, professional services corporation,  limited  liability  company,
     7  partnership,  limited  partnership,  business  trust, association or any
     8  other legal commercial entity organized under the laws of this state  or
     9  any  other  state  or  foreign  jurisdiction,  including  any subsidiary
    10  directly or indirectly controlled by the business entity, and any  poli-
    11  tical organization, including but not limited to any political organiza-
    12  tion  organized  under section 527 of the Internal Revenue Code, that is
    13  directly or indirectly controlled by the business entity.
    14    3. The restricted vendor contribution period described in this section
    15  shall commence, with respect to a specific person,  organization,  group
    16  of  persons,  or business entity that submits a bid, quotation, offer or
    17  response to the state governmental entity posting  or  solicitation,  at
    18  the  earliest  posting,  on  a state governmental entity's website, in a
    19  newspaper of general circulation or  in  the  procurement  opportunities
    20  newsletter in accordance with article four-C of the economic development
    21  law  of  written  notice, advertisement or solicitation of a request for
    22  proposal, invitation for bids, or solicitations  of  proposals,  or  any
    23  other method provided for by law or regulation for soliciting a response
    24  from offerers intending to result in a procurement contract with a state
    25  governmental  entity. The restricted vendor contribution period does not
    26  apply to a person, organization, group of  persons  or  business  entity
    27  that is responding to a state governmental entity's request for informa-
    28  tion  or  other  informational exchanges occurring prior to such govern-
    29  mental entity's posting or solicitation for procurement.
    30    4. The restricted vendor contribution period described in this section
    31  shall end with respect to a  specific  person,  organization,  group  of
    32  persons, or business entity as follows:
    33    (a)  If the person, organization, group of persons, or business entity
    34  is the recipient of the final  contract  award,  the  restricted  vendor
    35  contribution  period  shall  end one year after the final contract award
    36  and approval by the state governmental entity and, where applicable, the
    37  state comptroller.
    38    (b) If the person, organization, group of persons, or business  entity
    39  is  not the recipient of the final contract award, the restricted vendor
    40  contribution period shall end with the final contract award and approval
    41  by the state governmental entity and, where applicable, the state  comp-
    42  troller.
    43    §  2.  Section  14-126  of the election law is amended by adding a new
    44  subdivision 8 to read as follows:
    45    8. (a) Any person, organization, group of persons, or business  entity
    46  as  that  term  is  used  in  section 14-131 of this article, who, under
    47  circumstances evincing an intent to violate such law, makes  a  contrib-
    48  ution  in  contravention  of  section  14-131  of  this article shall be
    49  subject to a civil penalty not to exceed the  greater  of  ten  thousand
    50  dollars  or  an amount equal to two hundred percent of the contribution,
    51  to be recoverable in a special proceeding or civil action to be  brought
    52  by the state board of elections chief enforcement counsel.
    53    (b)  Any person who, acting as or on behalf of an officeholder, candi-
    54  date, or political committee, accepts a contribution in contravention of
    55  section 14-131 of this article shall be required to refund such contrib-
    56  ution.

        S. 1510                            52                            A. 2010
 
     1    § 3. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law.
 
     3                                   PART L
 
     4    Section  1. Section 5-208 of the election law, as added by chapter 659
     5  of the laws of 1994, subdivisions 1, 5 and 8 as amended by  chapter  200
     6  of the laws of 1996, is amended to read as follows:
     7    §  5-208.  Transfer  of  registration  and enrollment. 1. The board of
     8  elections shall transfer the registration and enrollment  of  any  voter
     9  appearing  on  a  statewide  voter  list  pursuant to subdivision one of
    10  section 5-614 of this article for whom it receives a notice of change of
    11  address to another address in [the same county or city] New York  state,
    12  or  for  any  voter  who  casts a ballot in an affidavit ballot envelope
    13  which sets forth such a new address.   Such notices shall  include,  but
    14  not be limited to, notices received from any state agency which conducts
    15  a  voter  registration  program  pursuant  to the provisions of sections
    16  5-211 and 5-212 of this title, that the voter has notified  such  agency
    17  of  a  change  of  address  in  [the same city or county] New York state
    18  unless the voter has indicated that such change of address  is  not  for
    19  voter  registration  purposes,  notices  of  change  of address from the
    20  United States Postal Service through  the  National  Change  of  Address
    21  System,  any  notices of a forwarding address on mail sent to a voter by
    22  the board of elections and returned by the postal service,  national  or
    23  state  voter  registration  forms,  confirmation mailing response cards,
    24  United States Postal Service notices  to  correspondents  of  change  of
    25  address,  applications  for registration from persons already registered
    26  in [such county or city] New York state, or any other notices to  corre-
    27  spondents sent to the board of elections by such voters.
    28    2.  Upon  receipt of such a notice, the board shall compare the signa-
    29  ture (if any) and other information with the signature and other  infor-
    30  mation  on  the registration record on file. If such signature and other
    31  information appears to be correct, the board shall change the address of
    32  the voter in all the records of such board.
    33    3. If such a notice is received at least twenty days before a primary,
    34  special or general election, such change of address  must  be  completed
    35  before such election.
    36    4.  If  such  application for registration from a voter already regis-
    37  tered in [such county or city] New York state also reflects a change  of
    38  enrollment,  the  board  of elections shall treat such application as an
    39  application for change of enrollment pursuant to section 5-304  of  this
    40  article.
    41    5.  As soon as practicable, after it transfers a voter's registration,
    42  the board of elections shall send the voter, by forwardable first  class
    43  or  return  postage guaranteed mail, a notice advising him or her of the
    44  transfer in a form which is similar to the notice  sent  to  new  regis-
    45  trants  pursuant  to  the  provisions of section 5-210 of this title and
    46  which has been approved by the state board of elections.  If the  notice
    47  of  change of address did not contain the voter's signature, such notice
    48  shall include a postage paid return card, in a form  prescribed  by  the
    49  state  board  of  elections,  on which the voter may notify the board of
    50  elections of any correction of address, together  with  a  statement  on
    51  such  notice  and  on  the return card that the voter should return such
    52  card only if the address to which the notice was sent is not the voter's
    53  current address.

        S. 1510                            53                            A. 2010
 
     1    6. If a notice sent pursuant to subdivision five of  this  section  is
     2  returned by the postal service as undeliverable and without a forwarding
     3  address,  the  board  of elections shall return the registration of such
     4  voter to the original address, send such  voter  a  confirmation  notice
     5  pursuant  to  the provisions of subdivision one of section 5-712 of this
     6  [title] article and place such voter in inactive status.
     7    7. The board of elections shall preserve such  notices  of  change  of
     8  address for as long as registration records are otherwise required to be
     9  preserved  or,  if the computer readable records maintained by the board
    10  of elections include a complete copy of such  notice,  the  board  shall
    11  preserve  the original notice for a period of at least two years or such
    12  longer period as the state board of elections may require.
    13    8. If the board of elections receives notice of a  change  of  address
    14  within  [such city or county] New York state from, or with respect to, a
    15  person who it determines is not registered in [such county or city]  New
    16  York  state, it shall forthwith send such person a notice to that effect
    17  in a form approved by the state board of elections at  the  new  address
    18  set  forth  in  such  notice of change of address, together with a voter
    19  registration form.
    20    9. The state board of elections shall promulgate regulations as to the
    21  procedures for transferring a voter's registration and  enrollment  from
    22  one county to another.
    23    §  2.  Subparagraph  (ii) of paragraph (e) of subdivision 3 of section
    24  8-302 of the election law, as amended by chapter  164  of  the  laws  of
    25  2010, is amended to read as follows:
    26    (ii) He or she may swear to and subscribe an affidavit stating that he
    27  or  she  has  duly  registered  to  vote,  the  address in such election
    28  district from which he or she registered, that he or she remains a  duly
    29  qualified  voter in such election district, that his or her registration
    30  poll record appears to be lost or misplaced or  that  his  or  her  name
    31  and/or  his  or  her  signature  was omitted from the computer generated
    32  registration list or that he or she has  moved  within  [the  county  or
    33  city]  New  York state since he or she last registered, the address from
    34  which he or she was previously registered and the address at which he or
    35  she currently resides, and at a primary election, the party in which  he
    36  or she is enrolled. The inspectors of election shall offer such an affi-
    37  davit  to  each  such  voter whose residence address is in such election
    38  district.  Each such affidavit shall be in  a  form  prescribed  by  the
    39  state  board  of  elections, shall be printed on an envelope of the size
    40  and quality used for an absentee ballot envelope, and shall  contain  an
    41  acknowledgment  that  the  affiant  understands that any false statement
    42  made  therein  is  perjury  punishable  according  to  law.  Such   form
    43  prescribed  by  the  state  board of elections shall request information
    44  required to register such voter should the county board  determine  that
    45  such  voter  is  not  registered  and shall constitute an application to
    46  register to vote. The voter's name and the entries required  shall  then
    47  be  entered  without  delay  and  without  further inquiry in the fourth
    48  section of the challenge report or in the place provided at the  end  of
    49  the  computer  generated  registration  list, with the notation that the
    50  voter has executed the affidavit hereinabove  prescribed,  or,  if  such
    51  person's  name  appears on the computer generated registration list, the
    52  board of elections may provide a place to make such entry next to his or
    53  her name on such list.  The voter shall then, without  further  inquiry,
    54  be  permitted  to vote an affidavit ballot provided for by this chapter.
    55  Such ballot shall thereupon be placed in the envelope containing his  or
    56  her  affidavit,  and  the  envelope  sealed and returned to the board of

        S. 1510                            54                            A. 2010
 
     1  elections in the manner provided by this chapter for protested  official
     2  ballots, including a statement of the number of such ballots.
     3    §  3.  This act shall take effect on the first of July next succeeding
     4  the date on which it shall have become a law.
 
     5                                   PART M
 
     6    Section 1. Subdivision 6 of section 14-114  of  the  election  law  is
     7  amended by adding a new paragraph c to read as follows:
     8    c.  Lobbyists,  as  defined by subdivision (a) of section one-c of the
     9  legislative law or by subdivision (a) of section 3-211 of  the  adminis-
    10  trative code of the city of New York, political action committees, labor
    11  unions,  and  any  person  who  has  registered  with the state board of
    12  elections as an independent expenditure committee pursuant  to  subdivi-
    13  sion  three of section 14-107 of this article are prohibited from making
    14  loans to candidates or political committees; provided, however,  that  a
    15  lobbyist  shall  not  be  prohibited  from  making  a loan to himself or
    16  herself or to his or her own political committee when such lobbyist is a
    17  candidate for office.
    18    § 2. This act shall take effect immediately.
 
    19                                   PART N
 
    20    Section 1. Section 1-104 of the election law is amended  by  adding  a
    21  new subdivision 38 to read as follows:
    22    38.  "Computer  generated  registration list" means a printed or elec-
    23  tronic list of voters  in  alphabetical  order  for  a  single  election
    24  district  or  poll site, generated from a computer registration file for
    25  each election and containing for each voter listed, a facsimile  of  the
    26  signature of the voter. Such a list may be in a single volume or in more
    27  than  one volume. The list may be utilized in place of registration poll
    28  records, to establish a person's eligibility  to  vote  in  the  polling
    29  place on election day.
    30    (a)  The  state  board  of elections shall promulgate minimum security
    31  standards for any electronic device, and any network or system to  which
    32  the  electronic  device is connected, that is used to store or otherwise
    33  access a computer generated registration list, and shall also promulgate
    34  a list of devices that are approved for use. No local board of elections
    35  shall be permitted to use such  a  device  unless  the  state  board  of
    36  elections  has  previously approved the device for use and has certified
    37  that the network or system to which the electronic device  is  connected
    38  is compliant with the minimum security standards.
    39    (b) The minimum security standards for such devices shall be commensu-
    40  rate  with  the  level  of  security risk applicable to such devices and
    41  shall specifically take into account any security risk  associated  with
    42  voting equipment-related supply chains in addition to any other applica-
    43  ble security risk.
    44    § 2. Subdivision 1 of section 4-128 of the election law, as amended by
    45  chapter 125 of the laws of 2011, is amended to read as follows:
    46    1.  The  board of elections of each county shall provide the requisite
    47  number of official and facsimile ballots, two cards  of  instruction  to
    48  voters  in the form prescribed by the state board of elections, at least
    49  one copy of the instruction booklet for inspectors, a sufficient  number
    50  of  maps,  street  finders  or  other descriptions of all of the polling
    51  places and election districts within the political subdivision in  which
    52  the  polling place is located to enable the election inspectors and poll

        S. 1510                            55                            A. 2010
 
     1  clerks to determine the correct election district and polling place  for
     2  each  street address within the political subdivision in which the poll-
     3  ing place is located, distance markers, tally sheets and return  blanks,
     4  pens,  [black  ink,  or ball point pens with black ink,] pencils [having
     5  black lead], or other appropriate marking  devices,  envelopes  for  the
     6  ballots  of voters whose registration poll records are not in the ledger
     7  or whose names are not [on] in the computer generated registration list,
     8  envelopes for returns, identification buttons, badges or emblems for the
     9  inspectors and clerks in the form  prescribed  by  the  state  board  of
    10  elections  and such other articles of stationery as may be necessary for
    11  the proper conduct of elections,  except  that  when  a  town,  city  or
    12  village  holds  an election not conducted by the board of elections, the
    13  clerk of such town, city or village, shall  provide  such  official  and
    14  facsimile  ballots and the necessary blanks, supplies and stationery for
    15  such election.
    16    § 3. Subdivision c of section 4-132 of the election law, as amended by
    17  chapter 164 of the laws of 1985, is amended to read as follows:
    18    c. A booth or device in each election district for the use  of  voters
    19  marking  ballots.  Such  booth  or  device shall be so constructed as to
    20  permit the voter to mark his or her  ballot  in  secrecy  and  shall  be
    21  furnished  at all times with [a pencil having black lead only] an appro-
    22  priate marking device.
    23    § 4. Section 4-134 of the election law, the section heading as amended
    24  by chapter 373 of the laws of 1978, subdivisions 1 and 3 as  amended  by
    25  chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
    26  of  the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
    27  of the laws of 1990, is amended to read as follows:
    28    § 4-134. Preparation and delivery of ballots, supplies  and  equipment
    29  for  use  at  elections. 1. The board of elections shall deliver, at its
    30  office, to the clerk of each town or city  in  the  county,  except  the
    31  cities  of  New  York,  Buffalo  and  Rochester and to the clerk of each
    32  village in the county in which elections are conducted by the  board  of
    33  elections, by the Saturday before the primary, general, village or other
    34  election  for  which they are required: the official and sample ballots;
    35  ledgers prepared for delivery in the manner provided in subdivision  two
    36  of  this  section  and  containing  the registration poll records of all
    37  persons entitled to vote at such election in such town, city or village,
    38  or computer generated registration lists containing  the  names  of  all
    39  persons entitled to vote at such election in such town, city or village;
    40  challenge  reports  prepared  as  directed  by  this chapter; sufficient
    41  applications for registration by mail; sufficient ledger seals and other
    42  supplies and equipment required by this article to be  provided  by  the
    43  board of elections for each polling place in such town, city or village.
    44  The  town,  city or village clerk shall call at the office of such board
    45  of elections at such time and receive such ballots, supplies and  equip-
    46  ment.  In  the  cities  of  New York, Buffalo and Rochester the board of
    47  elections shall cause such ballots, supplies and equipment to be  deliv-
    48  ered  to the board of inspectors of each election district approximately
    49  one-half hour before the opening of the polls for voting, and shall take
    50  receipts therefor.
    51    2. The board of elections shall provide for each election  district  a
    52  ledger  or ledgers containing the registration poll records or [printed]
    53  lists with computer generated facsimile signatures, of all persons enti-
    54  tled to vote in such election district at such  election.  Such  ledgers
    55  shall  be  labelled,  sealed,  locked and transported in locked carrying
    56  cases. After leaving the board of elections no such carrying case  shall

        S. 1510                            56                            A. 2010
 
     1  be  unlocked except at the time and in the manner provided in this chap-
     2  ter.
     3    3.  [Any  envelope  containing  absentee  voters' ballots on which the
     4  blanks have not been properly filled in shall be stamped to indicate the
     5  defect and shall be preserved by the board for at least one  year  after
     6  the receipt thereof.
     7    4.] Each kind of official ballot shall be arranged in a package in the
     8  consecutive  order of the numbers printed on the stubs thereof beginning
     9  with number one. All official  and  sample  ballots  for  each  election
    10  district  shall  be  in  separate sealed packages, clearly marked on the
    11  outside thereof, with the number and kind of ballots  contained  therein
    12  and  indorsed  with  the  designation of the election district for which
    13  they were prepared.  The  other  supplies  provided  for  each  election
    14  district also shall be [inclosed] enclosed in a sealed package, or pack-
    15  ages,  with  a label on the outside thereof showing the contents of each
    16  package.
    17    [5. Each town, city and village clerk receiving  such  packages  shall
    18  cause  all] 4. All such packages so received and marked for any election
    19  district [to] shall be delivered unopened and  with  the  seals  thereof
    20  unbroken  to  the  inspectors  of election of such election districts at
    21  least [one-half] one hour before  the  opening  of  the  polls  of  such
    22  election  therein, [and] who shall [take] give a receipt therefor speci-
    23  fying the number and kind of packages delivered. [At the same time  each
    24  such  clerk shall cause to be delivered to such inspectors the equipment
    25  described in subdivision two of this section and shall cause  a  receipt
    26  to be taken therefor.
    27    6.]  5. Town, city and village clerks required to provide official and
    28  sample ballots, registration records, seals, supplies and equipment,  as
    29  described  in  this  section,  for  town, city and village elections not
    30  conducted by the board of elections, shall in like manner, deliver  them
    31  to  the inspectors or presiding officers of the election at each polling
    32  place at which such meetings and elections are  held,  respectively,  in
    33  like  sealed  packages  marked  on the outside in like manner, and shall
    34  take receipts therefor in like manner.
    35    § 5. Subdivision 1 of section 5-302 of the election law, as separately
    36  amended by chapters 164 and 558 of the laws of 1985, is amended to  read
    37  as follows:
    38    1.  Before  placing the registration poll record in the poll ledger or
    39  in the computer generated registration list, the board  shall  enter  in
    40  the  space  provided  therefor  [on  the  back of such registration poll
    41  record] the name of the party designated by the voter on his application
    42  form, provided such party continues to be a party  as  defined  in  this
    43  law.    If such party ceases to be a party at any time, either before or
    44  after such enrollment is so entered, the enrollment of such voter  shall
    45  be  deemed  to  be  blank  and shall be entered as such until such voter
    46  files an application for change of enrollment pursuant to the provisions
    47  of this chapter.  [In the city of New York the board shall also affix  a
    48  gummed  sticker  of  a different color for each party in a place on such
    49  registration poll record immediately adjacent to such entry.] The  board
    50  shall  enter  the  date  of such entry and affix initials thereto in the
    51  space provided.
    52    § 6. Paragraph c of subdivision 3 of section  5-506  of  the  election
    53  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    54  as follows:
    55    c. The computer generated registration list prepared for each election
    56  in each election district shall be [printed by a printer] prepared in  a

        S. 1510                            57                            A. 2010
 
     1  manner  which  meets  or  exceeds  standards  for  clarity  and speed of
     2  [reproduction] production established by the state board  of  elections,
     3  shall  be  in  a form approved by such board, shall include the names of
     4  all  voters  eligible to vote in such election and shall be in alphabet-
     5  ical order, except that, at a primary election, the names of the  voters
     6  enrolled in each political party may be placed in a separate part of the
     7  list or in a separate list, as the board of elections in its discretion,
     8  may  determine.  Such list shall contain, adjacent to each voter's name,
     9  or in a space so designated, at least  the  following:  street  address,
    10  date  of  birth,  party  enrollment,  year  of  registration, a computer
    11  reproduced facsimile of the voter's signature or an indication that  the
    12  voter is unable to sign his name, a place for the voter to sign his name
    13  at  such  election  and  a  place  for the inspectors to mark the voting
    14  machine number, the public counter number [and] if any, or the number of
    15  any paper ballots given the voter.
    16    § 7. Subdivision 2 of section 8-202 of the election law, as amended by
    17  chapter 164 of the laws of 2010, is amended to read as follows:
    18    2. The exterior of any  ballot  scanner,  ballot  marking  device  and
    19  privacy booth and every part of the polling place shall be in plain view
    20  of  the  election  inspectors  and watchers. The ballot scanners, ballot
    21  marking devices, and privacy booths shall be placed at least  four  feet
    22  from  the  table  used  by  the inspectors in charge of the poll [books]
    23  ledger or computer generated registration list. The guard-rail shall  be
    24  at  least  three feet from the machine and the table used by the inspec-
    25  tors. The election inspectors shall not  themselves  be,  or  allow  any
    26  other  person  to  be,  in  any position or near any position, that will
    27  permit one to see or ascertain how a voter votes, or how he or  she  has
    28  voted  nor shall they permit any other person to be less than three feet
    29  from the ballot scanner, ballot marking device, or privacy  booth  while
    30  occupied.  The  election inspectors or clerks attending the ballot scan-
    31  ner, ballot marking device, or privacy booth shall regularly inspect the
    32  face of the ballot scanner, ballot marking device, or  the  interior  of
    33  the privacy booth to see that the ballot scanner, ballot marking device,
    34  or privacy booth has not been damaged or tampered with. During elections
    35  the  door  or  other  covering of the counter compartment of the machine
    36  shall not be unlocked or opened except by  a  member  of  the  board  of
    37  elections,  a  voting  machine  custodian  or  any other person upon the
    38  specific instructions of the board of elections.
    39    § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the  election
    40  law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
    41  visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
    42  ing  paragraph  of  paragraph (e) of subdivision 3 as amended by chapter
    43  125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
    44  vision 3 as amended by chapter 164 of the laws of 2010, are  amended  to
    45  read as follows:
    46    2.  The  voter shall give [his] the voter's name and [his] the voter's
    47  residence address to the inspectors. An inspector shall then loudly  and
    48  distinctly announce the name and residence of the voter.
    49    2-a. (a) If a voter's name appears in the ledger or computer generated
    50  registration  list  with a notation indicating that the voter's identity
    51  was not yet verified as required by the federal Help America  Vote  Act,
    52  the  inspector shall require that the voter produce one of the following
    53  types of identification before permitting the voter to cast his  or  her
    54  vote on the voting machine:
    55    (i)  a  driver's  license  or  department of motor vehicles non-driver
    56  photo ID card or other current and valid photo identification;

        S. 1510                            58                            A. 2010
 
     1    (ii) a copy of a current  utility  bill,  bank  statement,  government
     2  check,  paycheck  or  other  government document that shows the name and
     3  address of the voter.
     4    (b)  If  the voter produces an identification document listed in para-
     5  graph (a) of this subdivision, the inspector shall indicate  so  in  the
     6  ledger or computer generated registration list, the voter will be deemed
     7  verified  as required by the federal Help America Vote Act and the voter
     8  shall be permitted to cast his or her vote on the voting machine.
     9    (c) If the voter does not produce an identification document listed in
    10  paragraph (a) of this subdivision, the voter shall only be  entitled  to
    11  vote by affidavit ballot unless a court order provides otherwise.
    12    3.  (a) If an applicant is challenged, the board, without delay, shall
    13  either enter his name in the second  section  of  the  challenge  report
    14  together  with  the  other  entries  required to be made in such section
    15  opposite the applicant's name or make an entry next to [his] the voter's
    16  name [on] in the computer generated registration list or  in  the  place
    17  provided [at the end of] in the computer generated registration list.
    18    (b)  A  person  who  claims  to have moved to a new address within the
    19  election district in which he or she is  registered  to  vote  shall  be
    20  permitted  to  vote in the same manner as other voters unless challenged
    21  on other grounds. The inspectors shall enter the names and new addresses
    22  of all such persons in either the first section of the challenge  report
    23  or  in  the  place  provided  [at  the end of] in the computer generated
    24  registration list and shall also enter the  new  address  next  to  such
    25  person's  address on such computer generated registration list. When the
    26  registration poll records of persons who have voted from  new  addresses
    27  within  the  same  election  district  are  returned  to  the  board  of
    28  elections, such board shall change the addresses on  the  face  of  such
    29  registration  poll  records  without  completely  obliterating  the  old
    30  addresses and shall enter such new addresses and the new  addresses  for
    31  any  such  persons whose names were [on] in computer generated registra-
    32  tion lists into its computer records for such persons.
    33    (c) A person who claims a changed name shall be permitted to  vote  in
    34  the  same manner as other voters unless challenged on other grounds. The
    35  inspectors shall either enter the names of all such persons in the first
    36  section of the challenge report or in the place provided [at the end of]
    37  in the computer generated registration list, in the form in  which  they
    38  are  registered, followed in parentheses by the name as changed or enter
    39  the name as changed next to such voter's name on the computer  generated
    40  registration  list.  The voter shall sign first on the registration poll
    41  record or [on] in the computer generated  registration  list,  the  name
    42  under  which  the voter is registered and, immediately above it, the new
    43  name, provided that [on] in such  [a  computer  generated]  registration
    44  list,  the  new  name may be signed in the place provided [at the end of
    45  such list].  When the registration poll record of a person who has voted
    46  under a new name is returned to the board of elections, such board shall
    47  change [his] the voter's name on the face of each [of his]  registration
    48  [records] record without completely obliterating the old one, and there-
    49  after  such person shall vote only under his or her new name. If a voter
    50  has signed a new name [on] in a computer  generated  registration  list,
    51  such  board  shall enter such voter's new name and new signature in such
    52  voter's computer record.
    53    (d) If an applicant requests assistance in voting and qualifies there-
    54  for, the board shall provide assistance as directed by this chapter, and
    55  shall without delay either enter such applicant's  name  and  the  other
    56  entries required in the third section of the challenge report or make an

        S. 1510                            59                            A. 2010
 
     1  entry  next  to  such  applicant's  name  [on] in the computer generated
     2  registration list or in the place provided [at the end of  the  computer
     3  generated] in such registration list.
     4    (e)  Whenever a voter presents himself or herself and offers to cast a
     5  ballot, and he or she claims to live in the election district  in  which
     6  he or she seeks to vote but no registration poll record can be found for
     7  him or her in the poll ledger or his or her name does not appear [on] in
     8  the  computer  generated  registration list or his or her signature does
     9  not appear next to his or her name [on]  in  such  [computer  generated]
    10  registration list or his or her registration poll record or the computer
    11  generated  registration  list does not show him or her to be enrolled in
    12  the party in which he or she claims to be  enrolled,  a  poll  clerk  or
    13  election   inspector  shall  consult  a  map,  street  finder  or  other
    14  description of all of the polling places and election  districts  within
    15  the political subdivision in which said election district is located and
    16  if  necessary,  contact  the  board  of elections to obtain the relevant
    17  information and advise the  voter  of  the  correct  polling  place  and
    18  election  district  for  the  residence address provided by the voter to
    19  such poll clerk or election inspector. Thereafter, such voter  shall  be
    20  permitted  to  vote  in  said  election  district  only  as  hereinafter
    21  provided:
    22    (i) He or she may present a court order requiring that he  or  she  be
    23  permitted to vote. At a primary election, such a court order must speci-
    24  fy  the  party  in  which the voter is permitted to vote. [He] The voter
    25  shall be required to sign [his] their full name on top of the first page
    26  of such order, together  with  [his]  the  voter's  registration  serial
    27  number,  if  any,  and  [his]  the  voter's  name  and the other entries
    28  required shall then be entered without delay in the  fourth  section  of
    29  the  challenge  report  or  in the place provided [at the end of] in the
    30  computer generated registration list, or, if such person's name  appears
    31  on  [the  computer  generated]  such  registration  list,  the  board of
    32  elections may provide a place to make such entry next to his or her name
    33  on such list. The voter shall then be permitted to vote  in  the  manner
    34  otherwise  prescribed  for  voters  whose  registration poll records are
    35  found in the ledger or whose names are found on the  computer  generated
    36  registration list; or
    37    (ii) He or she may swear to and subscribe an affidavit stating that he
    38  or  she  has  duly  registered  to  vote,  the  address in such election
    39  district from which he or she registered, that he or she remains a  duly
    40  qualified  voter in such election district, that his or her registration
    41  poll record appears to be lost or misplaced or  that  his  or  her  name
    42  and/or  his  or  her  signature  was omitted from the computer generated
    43  registration list or that he or she has moved within the county or  city
    44  since  he  or  she last registered, the address from which he or she was
    45  previously registered and the address  at  which  he  or  she  currently
    46  resides,  and  at  a  primary  election, the party in which he or she is
    47  enrolled. The inspectors of election shall offer such  an  affidavit  to
    48  each  such  voter  whose residence address is in such election district.
    49  Each such affidavit shall be in a form prescribed by the state board  of
    50  elections,  shall be printed on an envelope of the size and quality used
    51  for an absentee ballot envelope, and  shall  contain  an  acknowledgment
    52  that  the  affiant  understands that any false statement made therein is
    53  perjury punishable according to law. Such form prescribed by  the  state
    54  board  of  elections shall request information required to register such
    55  voter should the county board determine that such voter  is  not  regis-
    56  tered  and  shall  constitute  an  application to register to vote.  The

        S. 1510                            60                            A. 2010
 
     1  voter's name and the entries required  shall  then  be  entered  without
     2  delay and without further inquiry in the fourth section of the challenge
     3  report  or  in the place provided [at the end of] in the computer gener-
     4  ated  registration  list,  with the notation that the voter has executed
     5  the affidavit hereinabove prescribed, or, if such person's name  appears
     6  [on  the  computer  generated]  in  such registration list, the board of
     7  elections may provide a place to make such entry next to his or her name
     8  [on] in such list.  The voter shall then, without  further  inquiry,  be
     9  permitted to vote an affidavit ballot provided for by this chapter. Such
    10  ballot  shall  thereupon be placed in the envelope containing his or her
    11  affidavit, and  the  envelope  sealed  and  returned  to  the  board  of
    12  elections  in the manner provided by this chapter for protested official
    13  ballots, including a statement of the number of such ballots.
    14    4. At a primary election, a voter whose registration poll record is in
    15  the ledger or computer generated registration list shall be permitted to
    16  vote only in the primary of the party in which such record  shows  [him]
    17  the  voter  to  be  enrolled unless [he] the voter shall present a court
    18  order pursuant to the provisions of subparagraph (i) of paragraph (e) of
    19  subdivision three of this section  requiring  that  [he]  the  voter  be
    20  permitted  to  vote  in the primary of another party, or unless [he] the
    21  voter shall present a certificate of enrollment issued by the  board  of
    22  elections,  not  earlier  than  one  month before such primary election,
    23  pursuant to the provisions of this chapter which certifies that [he] the
    24  voter is enrolled in a party other than the one  in  which  such  record
    25  shows  [him]  the  voter  to  be  enrolled,  or  unless  he or she shall
    26  subscribe an affidavit pursuant to the provisions of  subparagraph  (ii)
    27  of paragraph (e) of subdivision three of this section.
    28    5.  Except  for  voters unable to sign their names, no person shall be
    29  permitted to vote  without  first  identifying  himself  or  herself  as
    30  required by this chapter.
    31    §  9.  Subdivisions  1,  2 and 3 of section 8-304 of the election law,
    32  subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986,  are
    33  amended to read as follows:
    34    1.  A person before being allowed to vote shall be required, except as
    35  provided in this chapter, to sign his or her name on the back of his  or
    36  her  registration  poll record on the first line reserved for his or her
    37  signature at the time of election which is not filled  with  a  previous
    38  signature,  or  [on  the  line of] in the space provided in the computer
    39  generated registration list reserved for [his]  the  voter's  signature.
    40  The two inspectors in charge shall satisfy themselves by a comparison of
    41  this  signature  with  [his]  the  voter's registration signature and by
    42  comparison of [his] the voter's appearance with the descriptive material
    43  on the face of the registration poll record that [he] the voter  is  the
    44  person  registered.  If they are so satisfied they shall enter the other
    45  information required for the election on the same line with the  voter's
    46  latest  signature,  shall  sign  their  names  or initials in the spaces
    47  provided therefor, and shall permit the applicant to vote. Any inspector
    48  or inspectors not satisfied shall challenge the applicant forthwith.
    49    2. If a person who alleges [his] an inability to sign his or her  name
    50  presents  himself  or  herself  to  vote,  the board of inspectors shall
    51  permit [him] such person to vote, unless challenged  on  other  grounds,
    52  provided  [he]  the voter had been permitted to register without signing
    53  [his] the voter's name. The board shall enter the words "Unable to Sign"
    54  in the space on [his] the voter's registration poll record reserved  for
    55  [his]  the  voter's  signature or on the line [of] or space the computer
    56  generated registration list reserved for [his] the voter's signature  at

        S. 1510                            61                            A. 2010
 
     1  such  election.  If  [his]  the voter's signature appears upon [his] the
     2  voter's registration record or [upon] in the computer  generated  regis-
     3  tration list the board shall challenge [him] the voter forthwith, except
     4  that if such a person claims that he or she is unable to sign his or her
     5  name by reason of a physical disability incurred since [his] the voter's
     6  registration, the board, if convinced of the existence of such disabili-
     7  ty,  shall  permit  him or her to vote, shall enter the words "Unable to
     8  Sign" and a brief description of such disability in the  space  reserved
     9  for  [his]  the  voter's  signature at such election. At each subsequent
    10  election, if such disability still exists, [he] the voter shall be enti-
    11  tled to vote without signing [his] their name and the board  of  inspec-
    12  tors,  without  further notation, shall enter the words "Unable to Sign"
    13  in the space reserved for [his] the voter's signature at such election.
    14    3. The voter's facsimile signature [made by him upon registration  and
    15  his  signature  made  at  subsequent  elections]  shall  be  effectively
    16  concealed from the voter by a blotter or [piece of opaque  paper]  other
    17  means until after the voter shall have completed [his] the signature.
    18    §  10.  Subdivision 3 of section 8-306 of the election law, as amended
    19  by chapter 154 of the laws of 1991, is amended to read as follows:
    20    3. Any voter who requires assistance to vote by reason  of  blindness,
    21  disability  or  inability  to read or write may be given assistance by a
    22  person of the voter's choice, other than the voter's employer  or  agent
    23  of  the employer or officer or agent of the voter's union. A voter enti-
    24  tled to assistance in voting who does not select a particular person may
    25  be assisted by two election inspectors not of the same political  faith.
    26  The  inspectors  or  person  assisting  a  voter  shall enter the voting
    27  machine or booth with [him] the voter, help [him] the voter in the prep-
    28  aration of [his] the voter's ballot and, if necessary, in the return  of
    29  the  voted  ballot  to the inspectors for deposit in the ballot box. The
    30  inspectors shall enter in the [remarks space on  the  registration  poll
    31  card  of  an  assisted voter, or next to the name of] space provided for
    32  such voter [on] in the computer generated registration list, the name of
    33  each officer or person rendering such assistance.
    34    § 11. Subdivision 2 of section 8-508 of the election law,  as  amended
    35  by chapter 200 of the laws of 1996, is amended to read as follows:
    36    2.  (a)  The  first  section  of such report shall be reserved for the
    37  inspectors of election to enter the name, address and registration seri-
    38  al number of each person who claims a change in name,  or  a  change  of
    39  address  within  the  election  district,  together with the new name or
    40  address of each such person. In lieu of preparing  section  one  of  the
    41  challenge  list, the board of elections may provide, next to the name of
    42  each voter [on] in the computer generated registration list, a place for
    43  the inspectors of election to record  the  information  required  to  be
    44  entered  in  such  section  one, or provide [at the end of such computer
    45  generated] elsewhere in such registration list, a place for the  inspec-
    46  tors of election to enter such information.
    47    (b)  The second section of such report shall be reserved for the board
    48  of inspectors to enter the name, address and registration serial  number
    49  of  each  person who is challenged on the day of election, together with
    50  the reason for the challenge.  If no voters are challenged, the board of
    51  inspectors shall enter  the  words  "No  Challenges"  across  the  space
    52  reserved  for  such names. In lieu of preparing section two of the chal-
    53  lenge report, the board of elections may provide, next to  the  name  of
    54  each voter [on] in the computer generated registration list, a place for
    55  the  inspectors  of  election  to  record the information required to be
    56  entered in such section two, or provide [at the  end  of  such  computer

        S. 1510                            62                            A. 2010

     1  generated]  elsewhere in such registration list, a place for the inspec-
     2  tors of election to enter such information.
     3    (c)  The  third section of such report shall be reserved for the board
     4  of inspectors to enter the name, address and registration serial  number
     5  of  each  voter given assistance, together with the reason the voter was
     6  allowed assistance, the name of the person giving  such  assistance  and
     7  his address if not an inspector.  If no voters are given assistance, the
     8  board  of  inspectors  shall  enter the words "No Assistance" across the
     9  space reserved for such names. In lieu of providing section three of the
    10  challenge report, the board of elections may provide, next to  the  name
    11  of  each voter [on] in the computer generated registration list, a place
    12  for the inspectors of election to record the information required to  be
    13  entered  in  such section three, or provide [at the end of such computer
    14  generated] elsewhere in such registration list, a place for the  inspec-
    15  tors of election to enter such information.
    16    (d)  The fourth section of such report shall be reserved for the board
    17  of inspectors to enter the name, address and registration serial  number
    18  of  each  person who was permitted to vote pursuant to a court order, or
    19  to vote on a paper ballot which was inserted in an  affidavit  envelope.
    20  If  there  are  no  such  names,  such board shall enter the word "None"
    21  across the space provided for such names. In lieu of  providing  section
    22  four  of  such  report,  the board of elections may provide, next to the
    23  name of each voter [on] in the computer generated registration  list,  a
    24  place  for the inspectors of election to record the information required
    25  to be entered in such section four,  or  provide  [at  the  end  of  the
    26  computer generated] elsewhere in such registration list, a place for the
    27  inspectors of election to enter such information.
    28    (e) At the foot of such report [and] or at the end of any such comput-
    29  er  generated  registration  list,  if  applicable, shall be [printed] a
    30  certificate that such report or list contains the names of  all  persons
    31  who  were  challenged  on  the  day  of election, and that each voter so
    32  reported as having been challenged took the oaths as required, that such
    33  report or list contains the names of all voters to whom such board  gave
    34  or  allowed  assistance  and  lists  the  nature of the disability which
    35  required such assistance to be given and the names and family  relation-
    36  ship,  if  any,  to the voter of the persons by whom such assistance was
    37  rendered; that each such assisted voter informed such board  under  oath
    38  that  he  required  such  assistance and that each person rendering such
    39  assistance took the required oath; that such report or list contains the
    40  names of all voters who were permitted to vote although their  registra-
    41  tion  poll records were missing; that the entries made by such board are
    42  a true and accurate record  of  its  proceedings  with  respect  to  the
    43  persons named in such report or list.
    44    (f)  Upon  the  return  of  such report [and] or lists to the board of
    45  elections, it shall complete the investigation of voting  qualifications
    46  of  all  persons named in the second section thereof or for whom entries
    47  were placed [on] in such computer generated registration lists  in  lieu
    48  of  the  preparation  of the second section of the challenge report, and
    49  shall forthwith proceed to cancel the registration of any person who, as
    50  noted upon such report, or in such list, was challenged at such election
    51  and refused either to take a challenge oath or to answer  any  challenge
    52  question.
    53    (g)  The  state board of elections shall prescribe a form of challenge
    54  report for use pursuant to the provisions of this section. Such form may
    55  require the insertion of such other information as the state board shall
    56  deem appropriate.

        S. 1510                            63                            A. 2010
 
     1    § 12. Section 8-510 of  the  election  law,  the  section  heading  as
     2  amended  by chapter 373 of the laws of 1978, subdivision 1 as amended by
     3  chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
     4  43 of the laws of 1988, is amended to read as follows:
     5    §  8-510. Challenge report; completion of and [closing of registration
     6  poll ledgers] procedure after. 1. Immediately after  the  close  of  the
     7  polls the board of inspectors of election shall verify the entries which
     8  it has made on the challenge report or [at the end of the] in the spaces
     9  provided  in  the computer generated registration list by comparing such
    10  entries with the information appearing on the registration poll  records
    11  of  the  affected voters or the information appearing [next to the names
    12  of such voters on] in the spaces  provided  in  the  computer  generated
    13  registration  list.  If  it has made no entries in section two, three or
    14  four of such report it shall write across or note in  such  section  the
    15  words "No challenges", "No assistance" or "None", as the case may be, as
    16  directed in this chapter.
    17    2.  After  completing  such  report  the inspectors shall sign [the] a
    18  certificate [at the end of] in the spaces provided by the  county  board
    19  of elections for such report.
    20    3.  The  inspectors  shall place such completed report, and each court
    21  order, if any, directing that a person be permitted to vote, [inside  a]
    22  in  the  secure  container provided by the county board of elections for
    23  such ledger of registration records or computer  generated  registration
    24  lists  [between  the front cover, and the first registration record] and
    25  then shall close and seal each ledger of registration records or comput-
    26  er generated registration lists, [affix their signature  to  the  seal,]
    27  lock  such  ledger  in  the carrying case furnished for that purpose and
    28  enclose the keys in a sealed package or seal such list in  the  envelope
    29  provided for that purpose.
    30    §  13.  Clauses  (C)  and  (D) of subparagraph (i) of paragraph (a) of
    31  subdivision 2 of section 9-209 of the election law, as amended by  chap-
    32  ter 308 of the laws of 2011, are amended to read as follows:
    33    (C)  If  such  person  is  found to be registered and has not voted in
    34  person, an inspector shall compare the signature, if any, on each envel-
    35  ope with the signature, if any, on the  registration  poll  record,  the
    36  computer  generated  list  of  registered  voters or the list of special
    37  presidential voters, of the person of the same name who registered  from
    38  the  same  address.  If  the  signatures  are  found to correspond, such
    39  inspector shall certify thereto by [signing] placing his or her initials
    40  in the ["Inspector's Initials"  line  on  the]  space  provided  in  the
    41  computer generated list of registered voters [or in the "remarks" column
    42  as appropriate].
    43    (D)  If  such  person  is  found to be registered and has not voted in
    44  person, and if no challenge is made, or  if  a  challenge  made  is  not
    45  sustained, the envelope shall be opened, the ballot or ballots withdrawn
    46  without  unfolding,  and  the  ballot or ballots deposited in the proper
    47  ballot box or boxes, or envelopes, provided however that, in the case of
    48  a primary election, the ballot shall be deposited in the box only if the
    49  ballot is of the party with which the voter is enrolled according to the
    50  entry on the back of his or her registration poll record or [next to his
    51  or her name on] in the computer generated registration list; if not, the
    52  ballot shall be rejected without inspection or unfolding  and  shall  be
    53  returned  to the envelope which shall be endorsed "not enrolled." At the
    54  time of the deposit of such ballot or ballots in the box  or  envelopes,
    55  the  inspectors shall enter the words "absentee vote" or "military vote"
    56  in the space reserved for the voter's signature on the aforesaid list or

        S. 1510                            64                            A. 2010

     1  in the "remarks" [column] space as appropriate, and shall enter the year
     2  and month of the election on the same line in the spaces provided there-
     3  for.
     4    §  14. Subdivision 4 of section 11-206 of the election law, as amended
     5  by chapter 91 of the laws of 1992, is amended to read as follows:
     6    4. The registration poll records of special federal  voters  shall  be
     7  filed, in alphabetical order, by election district.  At each election at
     8  which  [the  ballots  of]  special  federal voters are [delivered to the
     9  inspectors of election in each election district] eligible to vote,  the
    10  registration  poll  records  of  all special federal voters [eligible to
    11  vote at such election] shall be delivered to such inspectors of election
    12  together with the other registration poll records or the names  of  such
    13  voters  shall  be  included  [on] in the computer generated registration
    14  list. Such records shall be delivered either in a separate  poll  ledger
    15  or  a separate, clearly marked section, of the main poll ledger or [in a
    16  separate,] be clearly marked[, section of]  in  the  computer  generated
    17  registration list as the board of elections shall determine.
    18    § 15. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become a law.
 
    20                                   PART O
 
    21    Section  1.  Section 1-c of the legislative law is amended by adding a
    22  new paragraph (x) to read as follows:
    23    (x) The term  "fundraising  activities"  shall  mean  solicitation  or
    24  collection by a lobbyist of contributions for a candidate for nomination
    25  for  election, or election, to the office of governor, lieutenant gover-
    26  nor, comptroller, attorney general, member of the  legislature,  elected
    27  office  in  a  municipality,  or for a political committee for use in an
    28  election campaign of any such candidate.
    29    § 2. Sections 1-u and 1-v of  the  legislative  law,  section  1-v  as
    30  renumbered by chapter 1 of the laws of 2005, are renumbered sections 1-y
    31  and 1-z and a new section 1-u is added to read as follows:
    32    §  1-u. Fundraising reports. (a) (i) For purposes of this section, the
    33  terms "contribution", "political committee", and "candidate" shall  have
    34  the meanings set forth in section 14-100 of the election law.
    35    (ii)  For  purposes  of this section, the term "lobbyist" shall mean a
    36  lobbyist as defined in section one-c of this article.
    37    (b) Any lobbyist required to file a statement of registration pursuant
    38  to section one-e of this article who in any calendar year to  which  the
    39  statement  of  registration relates, or in the six months preceding such
    40  calendar year, engages in fundraising activities, shall file,  with  the
    41  joint  commission  on  public  ethics,  on forms prescribed by the joint
    42  commission on public ethics, a fundraising report. Such report shall  be
    43  filed  in  accordance  with  the  schedule  applicable  to the filing of
    44  bi-monthly reports under section one-h of this  article,  provided  that
    45  the  first  fundraising  report filed in any calendar year shall include
    46  information on fundraising activities that occurred in any period begin-
    47  ning six months preceding the calendar year to which  the  statement  of
    48  registration  relates  through the end of the reporting period for which
    49  the report is filed,  to  the  extent  such  information  has  not  been
    50  reported  in  a  previously  filed  fundraising  report. Each subsequent
    51  fundraising report filed in or with respect  to  the  calendar  year  to
    52  which the statement of registration relates shall include information on
    53  all  fundraising  activities  that  occurred in the reporting period for
    54  which the current report is filed.

        S. 1510                            65                            A. 2010
 
     1    (c) Such fundraising report shall contain: (i) the name,  address  and
     2  telephone  number  of  the  lobbyist and the individuals utilized by the
     3  lobbyist engaged in such fundraising; (ii) the name, address  and  tele-
     4  phone  number  of  the candidate, public servant, or elected official to
     5  whom  or  on  whose  behalf  the lobbyist provided fundraising services;
     6  (iii) (1) the compensation, if any, paid or owed to the lobbyist and any
     7  expenses incurred by the lobbyist for such fundraising activities; (2) a
     8  list of all persons or entities with whom the  lobbyist  contracted  for
     9  the  purpose  of  providing  fundraising services; (iv) the total dollar
    10  amount raised for each candidate or committee for which such  activities
    11  were performed, including contributions made by the lobbyist.
    12    (d)  All  such  fundraising  reports shall be subject to review by the
    13  joint commission on public ethics.
    14    (e) Whenever there is a change in the information filed by a  lobbyist
    15  in  a  report filed pursuant to this section, an amended report shall be
    16  submitted to the joint commission on public ethics on  forms  prescribed
    17  by  the joint commission on public ethics, within ten days of the change
    18  in the information occurring.
    19    (f) Such fundraising reports shall be kept in electronic form  by  the
    20  joint  commission  on  public  ethics  and shall be available for public
    21  inspection pursuant to section one-s of this article.
    22    § 3. This act shall take effect immediately.
 
    23                                   PART P
 
    24    Section 1. Section 1-c of the legislative law is amended by  adding  a
    25  new subdivision (x) to read as follows:
    26    (x)  The  term  "political  consulting"  shall  mean  and  include the
    27  provision, for compensation, to any public official or candidate for  an
    28  elected state office, of advice, services or assistance in securing such
    29  public  office  including,  but  not  limited  to,  campaign management,
    30  fundraising activities, public relations or media  services,  but  shall
    31  exclude  bona  fide  legal  work directly related to litigation or legal
    32  advice with regard to securing a place on the  ballot,  the  petitioning
    33  process, the conduct of an election or which involves the election law.
    34    § 2. Section 1-m of the legislative law, as added by chapter 14 of the
    35  laws of 2007, is amended to read as follows:
    36    § 1-m. Prohibition of gifts and political consulting.  (a) No individ-
    37  ual  or  entity  required  to  be  listed on a statement of registration
    38  pursuant to this article shall offer or give a gift to any public  offi-
    39  cial  as  defined within this article, unless under the circumstances it
    40  is not reasonable to infer that the gift was intended to influence  such
    41  public  official.  No  individual  or  entity required to be listed on a
    42  statement of registration pursuant to this article shall offer or give a
    43  gift to the spouse or unemancipated child  of  any  public  official  as
    44  defined  within  this article under circumstances where it is reasonable
    45  to infer that the gift was intended to influence such  public  official.
    46  No  spouse or unemancipated child of an individual required to be listed
    47  on a statement of registration pursuant to this article shall  offer  or
    48  give a gift to a public official under circumstances where it is reason-
    49  able  to infer that the gift was intended to influence such public offi-
    50  cial. This section shall not apply to  gifts  to  officers,  members  or
    51  directors of boards, commissions, councils, public authorities or public
    52  benefit corporations who receive no compensation or are compensated on a
    53  per  diem  basis, unless the person listed on the statement of registra-

        S. 1510                            66                            A. 2010
 
     1  tion appears or has matters pending  before  the  board,  commission  or
     2  council on which the recipient sits.
     3    (b)  No  person  that is engaged in lobbying an elected official shall
     4  engage in political consulting for that elected official.
     5    (c) No person that is engaged in political consulting for any  elected
     6  official  or  candidate  for  an elected office shall engage in lobbying
     7  that elected official.
     8    § 3. Subdivision (h) of section 1-c of the legislative law,  as  added
     9  by chapter 2 of the laws of 1999, is amended to read as follows:
    10    (h) The term "compensation" shall mean any salary, fee, gift, payment,
    11  benefit,  loan, advance or any other thing of value paid, owed, given or
    12  promised to the lobbyist or  political  consultant  by  the  client  for
    13  lobbying  or  political  consulting  but shall not include contributions
    14  reportable pursuant to article fourteen of the election law.
    15    § 4. Section 14-100 of the election law is amended by adding  two  new
    16  subdivisions 18 and 19 to read as follows:
    17    18.  "political  consulting"  means  and  includes  the  provision for
    18  compensation, to any political committee or  candidate  for  an  elected
    19  office  of  advice,  services  or  assistance  in securing public office
    20  including, but not limited to, campaign management,  fundraising  activ-
    21  ities,  public relations or media services, but shall exclude legal work
    22  directly related to litigation or legal advice with regard to securing a
    23  place on the ballot, the petitioning process, the conduct of an election
    24  or which involves this chapter.
    25    19. "compensation" means any  salary,  fee,  gift,  payment,  benefit,
    26  loan, advance or any other thing of value paid, owed, given or promised,
    27  but shall not include contributions reportable pursuant to this article.
    28    §  5.  Subdivision 1 of section 14-102 of the election law, as amended
    29  by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
    30  laws of 1978, is amended to read as follows:
    31    1. The treasurer of every political committee which, or  any  officer,
    32  member  or  agent  of  any  such  committee  who, in connection with any
    33  election, receives or expends any  money  or  other  valuable  thing  or
    34  incurs  any  liability  to pay money or its equivalent shall file state-
    35  ments sworn, or subscribed and bearing a form notice that  false  state-
    36  ments  made  therein are punishable as a class A misdemeanor pursuant to
    37  section 210.45 of the penal law, at the times prescribed by this article
    38  setting forth all the receipts, contributions to and the expenditures by
    39  and liabilities of the committee,  and  of  its  officers,  members  and
    40  agents in its behalf. Such statements shall include the dollar amount of
    41  any  receipt,  contribution or transfer, or the fair market value of any
    42  receipt, contribution or transfer, which is other  than  of  money,  the
    43  name  and  address  of  the  transferor, contributor or person from whom
    44  received, and if the transferor, contributor or person  is  a  political
    45  committee; the name of and the political unit represented by the commit-
    46  tee,  the  date  of its receipt, the dollar amount of every expenditure,
    47  the name and address of the person to whom it was made or  the  name  of
    48  and the political unit represented by the committee to which it was made
    49  and  the  date  thereof,  and  shall  state  clearly the purpose of such
    50  expenditure.  Furthermore, such statements shall include a list  of  all
    51  persons  which  provided  political  consulting  services,  and the fair
    52  market value of and the actual amount paid to each such person  for  the
    53  provision  of  political  consulting services. Any statement reporting a
    54  loan shall have attached to it a copy of the evidence  of  indebtedness.
    55  Expenditures  in  sums  under  fifty  dollars  need  not be specifically
    56  accounted for by separate items in said  statements,  and  receipts  and

        S. 1510                            67                            A. 2010
 
     1  contributions  aggregating  not  more than ninety-nine dollars, from any
     2  one contributor need not be specifically accounted for by separate items
     3  in said statements, provided however, that such  expenditures,  receipts
     4  and  contributions  shall  be subject to the other provisions of section
     5  14-118 of this article.
     6    § 6. Subdivision 1 of section 14-104 of the election law,  as  amended
     7  by section 1 of part C of chapter 286 of the laws of 2016, is amended to
     8  read as follows:
     9    1.  Any candidate for election to public office, or for nomination for
    10  public office at a contested primary  election  or  convention,  or  for
    11  election  to  a  party position at a primary election, shall file state-
    12  ments sworn, or subscribed and bearing a form notice that  false  state-
    13  ments  made  therein are punishable as a class A misdemeanor pursuant to
    14  section 210.45 of the penal law, at the times prescribed by this article
    15  setting forth the particulars specified by section 14-102 of this  arti-
    16  cle, as to all moneys or other valuable things, paid, given, expended or
    17  promised  by him or her to aid his or her own nomination or election, or
    18  to promote the success or defeat of a political  party,  or  to  aid  or
    19  influence  the  nomination or election or the defeat of any other candi-
    20  date to be voted for at the election or primary election or at a conven-
    21  tion, including contributions to political committees, officers, members
    22  or agents thereof, and transfers, receipts and contributions to  him  or
    23  her to be used for any of the purposes above specified, or in lieu ther-
    24  eof,  any  such  candidate  may file such a sworn statement at the first
    25  filing period, on a form prescribed by the state board of elections that
    26  such candidate has made no such expenditures and does not intend to make
    27  any such expenditures, except through a political  committee  authorized
    28  by  such  candidate  pursuant to this article.  Furthermore, such state-
    29  ments shall include a list  of  all  persons  which  provided  political
    30  consulting  services, and the fair market value of and the actual amount
    31  paid to each such person  for  the  provision  of  political  consulting
    32  services. Such candidate may designate a committee of no less than three
    33  persons  who  shall be authorized to appoint and remove the treasurer of
    34  any authorized committee of the candidate. The designation or revocation
    35  of the committee shall be evidenced in a writing filed  with  the  state
    36  board  of  elections  by  the  candidate  authorizing the committee. The
    37  candidate may revoke such designation at any time. A  committee  author-
    38  ized  by  such a candidate may fulfill all of the filing requirements of
    39  this act on behalf of such candidate.
    40    § 7. This act shall take effect on the thirtieth day  after  it  shall
    41  have become a law.
 
    42                                   PART Q
 
    43    Section  1.  Section 172-e of the executive law, as added by section 1
    44  of part F of chapter 286 of the laws of 2016,  is  amended  to  read  as
    45  follows:
    46    §  172-e.  Disclosure  of  certain  donations by charitable non-profit
    47  entities. 1. Definitions. For the purposes of this section:
    48    (a) "Covered entity" shall mean any  corporation  or  entity  that  is
    49  qualified  as  an  exempt  organization  or  entity by the United States
    50  Department of the Treasury under I.R.C. 501(c)(3) that  is  required  to
    51  report  to  the  [department  of  law] joint commission on public ethics
    52  pursuant to this section.
    53    (b) "In-kind donation" shall  mean  [donations]  any  contribution  or
    54  donation  of  staff,  staff  time,  personnel, offices, office supplies,

        S. 1510                            68                            A. 2010
 
     1  [financial] or other non-monetary support of  any  kind  [or  any  other
     2  resources].
     3    (c) ["Donation"] "Monetary donation" shall mean any financial contrib-
     4  ution,  including  a monetary gift, loan, [in-kind donation,] or advance
     5  [or deposit of money or anything of value].
     6    (d) "Recipient entity" shall mean any corporation or  entity  that  is
     7  qualified  as  an  exempt  organization  or  entity by the United States
     8  Department of the Treasury under I.R.C. 501(c)(4) that  is  required  to
     9  file  a  source  of  funding  report with the joint commission on public
    10  ethics pursuant to sections one-h and one-j of the legislative law.
    11    (e) "Reporting period" shall mean the six month period within a calen-
    12  dar year starting January first and ending June  thirtieth  or  the  six
    13  month  period  within  a  calendar  year  starting July first and ending
    14  December thirty-first.
    15    2. Funding disclosure reports to be filed by covered entities. (a) Any
    16  covered entity that makes a monetary donation or an in-kind donation  in
    17  excess of two thousand five hundred dollars to a recipient entity during
    18  a  [relevant]  reporting  period  shall file a funding disclosure report
    19  with the [department of law] joint commission on  public  ethics.    The
    20  funding disclosure report shall include:
    21    (i)  the name and address of the covered entity that made the monetary
    22  or in-kind donation;
    23    (ii) the name and address of the recipient  entity  that  received  or
    24  benefitted from the monetary or in-kind donation;
    25    (iii)  the  names  of  any persons who exert operational or managerial
    26  control over the covered entity. The disclosures required by this  para-
    27  graph shall include the name of at least one natural person;
    28    (iv) the date the monetary or in-kind donation was made by the covered
    29  entity;
    30    (v)  [any  donation  in excess of two thousand five hundred dollars to
    31  the covered entity during the relevant reporting  period  including  the
    32  identity  of the donor of any such donation] the name and address of any
    33  individual, corporation, association or group that made any monetary  or
    34  in-kind  donation  in excess of two thousand five hundred dollars to the
    35  covered entity during the relevant reporting period; and
    36    (vi) the date of any such monetary or in-kind donation  to  a  covered
    37  entity.
    38    (b) The covered entity shall file a funding disclosure report with the
    39  [department of law] joint commission on public ethics within thirty days
    40  of the close of a reporting period.
    41    (c)  The  recipient  entity  shall  send a written notification to any
    42  covered entity who has made an in-kind or monetary donation in excess of
    43  two thousand five hundred dollars to the recipient entity during a rele-
    44  vant reporting period. Such notification shall advise that the recipient
    45  entity is required to file a source of funding  report  with  the  joint
    46  commission  on public ethics pursuant to sections one-h and one-j of the
    47  legislative law.
    48    (d) A covered entity  that  maintains  one  or  more  segregated  bank
    49  accounts  containing  funds used solely for monetary donations and makes
    50  all of its monetary donations to recipient entities from such an account
    51  and makes no in-kind donations, then with respect to donations  included
    52  in paragraph (a) of this subdivision, the funding disclosure report need
    53  only include monetary donations deposited into such accounts.
    54    3. Public disclosure of funding disclosure reports. The [department of
    55  law]  joint commission on public ethics shall promulgate any regulations
    56  necessary to implement these requirements and shall [forward the disclo-

        S. 1510                            69                            A. 2010

     1  sure reports to the joint commission on public ethics for the purpose of
     2  publishing such] publish the funding disclosure reports on  the  commis-
     3  sion's  website, within thirty days of the close of each reporting peri-
     4  od;  provided  however  that  [the  attorney  general] up to one hundred
     5  eighty days before the start of a reporting period, or at  any  time  if
     6  good  cause  is  shown,  a covered entity may make an application for an
     7  exemption from the  public  disclosure  requirements  outlined  in  this
     8  subdivision.  Exemption  determinations  shall  be made by the executive
     9  director of the joint commission on public ethics, or his or her  desig-
    10  nee, who may determine that disclosure of donations to the covered enti-
    11  ty  shall  not  be  made  public if, based upon a review of the relevant
    12  facts presented by the covered entity, such disclosure may  cause  harm,
    13  threats,  harassment,  or  reprisals to the source of the donation or to
    14  individuals or property affiliated with  the  source  of  the  donation.
    15  With  respect  to future donations and donors, the executive director of
    16  the joint commission on public ethics, or his  or  her  designee,  shall
    17  determine  that  disclosure of donations to the covered entity shall not
    18  be made public if, based upon a review of the relevant  facts  presented
    19  by  the  covered entity, such disclosure is likely to cause future harm,
    20  threats, harassment, or reprisals to future  donors,  or  is  likely  to
    21  dissuade future donors from donating to the covered entity. The determi-
    22  nation  of  the  executive  director  of  the joint commission on public
    23  ethics that certain disclosures shall not be made public shall remain in
    24  effect for two consecutive reporting periods and may be extended by  the
    25  executive  director  of the joint commission on public ethics, or his or
    26  her designee, based upon good cause shown. The covered entity may appeal
    27  the [attorney general's] determination of the executive director of  the
    28  joint  commission  on  public ethics and such appeal shall be heard by a
    29  judicial hearing officer who is independent and not affiliated  with  or
    30  employed  by  the [department of law] joint commission on public ethics,
    31  pursuant to regulations promulgated by the  [department  of  law]  joint
    32  commission  on  public ethics. The covered entity's sources of donations
    33  that are the subject of such appeal shall not  be  made  public  pending
    34  final judgment on appeal.
    35    §  2.  Paragraph  (b) of subdivision 1, paragraph (c) of subdivision 2
    36  and subdivision 3 of section 172-f of the executive  law,  as  added  by
    37  section  1  of part G of chapter 286 of the laws of 2016, are amended to
    38  read as follows:
    39    (b) "Covered communication"  means  a  communication,  that  does  not
    40  require  a  report  pursuant  to article one-A of the legislative law or
    41  article fourteen of the election law,  by  a  covered  entity,  that  is
    42  conveyed to five hundred or more members of a general public audience in
    43  the form of: (i) an audio or video communication via broadcast, cable or
    44  satellite;  (ii)  a written communication via advertisements, pamphlets,
    45  circulars, flyers, brochures,  letterheads;  or  (iii)  other  published
    46  statement  which[:]  refers  to  and advocates for or against: a clearly
    47  identified elected official [or the position of any elected official  or
    48  administrative  or  legislative  body relating to], a declared candidate
    49  for elected office, the outcome of any vote [or substance of any  legis-
    50  lation,  potential  legislation, pending legislation] or decision by any
    51  legislative, executive or administrative body, or the drafting,  passage
    52  or defeat of any legislation, rule, regulation, or hearing[, or decision
    53  by any legislative, executive or administrative body].
    54    Covered  communication  shall  not  include: (i) communications with a
    55  professional journalist or newscaster, including an editorial  board  or
    56  editorial  writer  of  a newspaper, magazine, news agency, press associ-

        S. 1510                            70                            A. 2010
 
     1  ation or wire service, relating to news, as these terms are  defined  in
     2  section  seventy-nine-h  of  the  civil  rights  law, and communications
     3  relating to confidential  and  non-confidential  news  as  described  in
     4  subdivisions  (b)  and (c) of section seventy-nine-h of the civil rights
     5  law respectively and communications made pursuant to community  outreach
     6  efforts for broadcast stations required by federal law; or
     7    (ii) a communication that is: (A) directed, sent or distributed by the
     8  covered  entity  only  to  individuals  who  affirmatively consent to be
     9  members of the covered entity, contribute funds to the  covered  entity,
    10  or,  pursuant to the covered entity's articles or bylaws, have the right
    11  to vote directly or indirectly for the election of  directors  or  offi-
    12  cers,  or  on changes to bylaws, disposition of all or substantially all
    13  of the covered entity's assets or  the  merger  or  dissolution  of  the
    14  covered  entity;  or  (B)  for  the  purpose of promoting or staging any
    15  candidate debate, town hall or similar  forum  to  which  at  least  two
    16  candidates seeking the same office, or two proponents of differing posi-
    17  tions  on  a  referendum or question submitted to voters, are invited as
    18  participants, and which does not promote or  advance  one  candidate  or
    19  position over another.
    20    (c)  [If a] A covered entity [keeps] that maintains one or more segre-
    21  gated bank accounts containing funds used solely  for  covered  communi-
    22  cations  and  makes  all  of its expenditures for covered communications
    23  from such accounts, then with respect to monetary donations included  in
    24  subparagraph  (iv)  of  paragraph (a) of this subdivision, the financial
    25  report  need  only  include  monetary  donations  deposited  into   such
    26  accounts.
    27    3.  The  [department  of  law] joint commission on public ethics shall
    28  make the financial disclosure reports available to  the  public  on  the
    29  [department  of  law]  joint  commission on public ethics website within
    30  thirty days of the close of each reporting period, provided however that
    31  [the attorney general] up to one hundred eighty days before the start of
    32  a reporting period, or at any time if good cause  is  shown,  a  covered
    33  entity  may make an application for an exemption from the public disclo-
    34  sure requirements outlined in subdivision two of this section. Exemption
    35  determinations shall be made by the  executive  director  of  the  joint
    36  commission  on  public ethics, or his or her designee, who may determine
    37  that disclosure of donations shall not be made public if, based  upon  a
    38  review  of  the  relevant  facts  presented  by the covered entity, such
    39  disclosure may cause harm, threats,  harassment,  or  reprisals  to  the
    40  source of the donation or to individuals or property affiliated with the
    41  source  of  the donation.   With respect to future donations and donors,
    42  the executive director of the joint commission on public ethics, or  his
    43  or  her  designee,  shall  determine that disclosure of donations to the
    44  covered entity shall not be made public if, based upon a review  of  the
    45  relevant facts presented by the covered entity, such disclosure is like-
    46  ly  to  cause  future  harm, threats, harassment, or reprisals to future
    47  donors, or is likely to dissuade future  donors  from  donating  to  the
    48  covered entity. The determination of the executive director of the joint
    49  commission  on  public ethics that certain disclosures shall not be made
    50  public shall remain in effect for two consecutive reporting periods  and
    51  may  be  extended  by  the executive director of the joint commission on
    52  public ethics, or his or her designee, based upon good cause shown.  The
    53  covered  entity may appeal the [attorney general's] determination of the
    54  executive director of the joint commission on  public  ethics  and  such
    55  appeal  shall  be heard by a judicial hearing officer who is independent
    56  and not affiliated with or employed by the  [department  of  law]  joint

        S. 1510                            71                            A. 2010
 
     1  commission  on public ethics, pursuant to regulations promulgated by the
     2  [department of law] joint commission on public ethics. The covered enti-
     3  ty shall not be required to disclose the sources of donations  that  are
     4  the subject of such appeal pending final judgment on appeal.
     5    §  3.  This  act shall take effect on the thirtieth day after it shall
     6  have become a law.
 
     7                                   PART R
 
     8    Section 1. Subdivision (w) of section 1-c of the legislative  law,  as
     9  added  by  section  8  of  part A of chapter 399 of the laws of 2011, is
    10  amended to read as follows:
    11    (w) The term "reportable business relationship" shall  mean  either  a
    12  relationship  in which compensation is paid by a lobbyist or by a client
    13  of a lobbyist, in exchange for any goods, services or anything of value,
    14  the total value of which is in excess of  [one  thousand]  five  hundred
    15  dollars  annually,  to  be  performed  or  provided by or intended to be
    16  performed or provided by (i) any statewide elected official, state offi-
    17  cer, state employee, member of the legislature or legislative  employee,
    18  or  (ii)  any  entity  in which the lobbyist or the client of a lobbyist
    19  knows or has reason to know the statewide elected official, state  offi-
    20  cer,  state  employee, member of the legislature or legislative employee
    21  is a proprietor, partner, director,  officer  or  manager,  or  owns  or
    22  controls ten percent or more of the stock of such entity (or one percent
    23  in  the  case  of  a  corporation  whose stock is regularly traded on an
    24  established securities exchange).
    25    § 2. Subdivision (a) of section 1-h of the legislative law, as amended
    26  by chapter 14 of the laws of 2007, is amended to read as follows:
    27    (a) Any lobbyist required to file a statement of registration pursuant
    28  to section one-e of this article who in  any  lobbying  year  reasonably
    29  anticipates  that  during  the  year such lobbyist will expend, incur or
    30  receive combined reportable compensation and expenses in  an  amount  in
    31  excess of five [thousand] hundred dollars, as provided in paragraph five
    32  of  subdivision  (b) of this section, for the purpose of lobbying, shall
    33  file with the commission a bi-monthly written report, on forms  supplied
    34  by  the  commission, by the fifteenth day next succeeding the end of the
    35  reporting period in which the lobbyist was  first  required  to  file  a
    36  statement of registration. Such reporting periods shall be the period of
    37  January  first to the last day of February, March first to April thirti-
    38  eth, May first to June thirtieth, July  first  to  August  thirty-first,
    39  September  first  to October thirty-first and November first to December
    40  thirty-first.
    41    § 3. Subdivision (a) of section 1-j of the legislative law, as amended
    42  by chapter 14 of the laws of 2007, is amended to read as follows:
    43    (a) Semi-annual reports  shall  be  filed  by  any  client  retaining,
    44  employing  or  designating  a  lobbyist or lobbyists, whether or not any
    45  such lobbyist was required to file a bi-monthly report, if  such  client
    46  reasonably  anticipates  that during the year such client will expend or
    47  incur an amount in excess of five [thousand] hundred dollars of combined
    48  reportable compensation and expenses, as provided in paragraph  five  of
    49  subdivision [(c)] (b) of this section, for the purposes of lobbying.
    50    §  4.  Paragraphs  3  and  4  of subdivision (a) of section 1-e of the
    51  legislative law, as amended by chapter  1  of  the  laws  of  2005,  are
    52  amended to read as follows:
    53    (3)  Commencing  calendar  year two thousand five and thereafter every
    54  lobbyist shall biennially file with the commission, on forms provided by

        S. 1510                            72                            A. 2010
 
     1  the commission, a statement of registration  for  each  biennial  period
     2  beginning  with the first year of the biennial cycle commencing calendar
     3  year two thousand five and thereafter; provided, however, that the bien-
     4  nial  filing  of such statement of registration shall not be required of
     5  any lobbyist who (i) in any year prior to calendar year two thousand six
     6  does not expend, incur or receive an amount in excess  of  two  thousand
     7  dollars  of  reportable  compensation and expenses, as provided in para-
     8  graph five of subdivision (b) of section one-h of this article, for  the
     9  purposes  of lobbying and commencing with calendar year two thousand six
    10  does not expend, incur or receive an amount in excess of  five  thousand
    11  dollars  of  reportable  compensation,  as provided in paragraph five of
    12  subdivision (b) of section one-h of this article  for  the  purposes  of
    13  lobbying  [or]  and (ii) starting year two thousand twenty-one, does not
    14  expend, incur or receive an amount in excess of five hundred dollars  of
    15  reportable  compensation  and expenses, as provided in paragraph five of
    16  subdivision (b) of section one-h of this article, for  the  purposes  of
    17  lobbying  commencing with calendar year two thousand twenty-one does not
    18  expend, incur or receive an amount in excess of five hundred dollars  of
    19  reportable  compensation,  as  provided in paragraph five of subdivision
    20  (b) of section one-h of this article for the  purposes  of  lobbying  or
    21  (iii)  is an officer, director, trustee or employee of any public corpo-
    22  ration, when acting in such official capacity;  provided  however,  that
    23  nothing  in this section shall be construed to relieve any public corpo-
    24  ration of the obligation to file such statements and reports as required
    25  by this article.
    26    (4) Such biennial filings shall be  completed  on  or  before  January
    27  first  of the first year of a biennial cycle commencing in calendar year
    28  two thousand five  and  thereafter,  by  those  persons  who  have  been
    29  retained,  employed  or  designated  as  lobbyist  on or before December
    30  fifteenth of the previous calendar year and  who  reasonably  anticipate
    31  that  in  the  coming  year  they will expend, incur or receive combined
    32  reportable compensation and expenses in an amount in excess of two thou-
    33  sand dollars in years prior to calendar year two thousand six  and  five
    34  thousand  dollars  [commencing in] from two thousand six to two thousand
    35  twenty and five hundred dollars commencing in two  thousand  twenty-one;
    36  for  those lobbyists retained, employed or designated after the previous
    37  December fifteenth, and for those  lobbyists  who  subsequent  to  their
    38  retainer,  employment  or  designation  reasonably  anticipate  combined
    39  reportable compensation and expenses in  excess  of  such  amount,  such
    40  filing must be completed within fifteen days thereafter, but in no event
    41  later  than  ten  days  after  the actual incurring or receiving of such
    42  reportable compensation and expenses.
    43    § 5. This act shall take effect on the thirtieth day  after  it  shall
    44  have become a law.
 
    45                                   PART S
 
    46    Section  1.  Subparagraphs  (i) and (ii) of subdivision (a) of section
    47  1-o of the legislative law, as added by chapter 14 of the laws of  2007,
    48  are amended to read as follows:
    49    (i)  Any  lobbyist,  public  corporation,  or client who knowingly and
    50  wilfully fails to file timely a report or  statement  required  by  this
    51  section  or  knowingly and wilfully files false information or knowingly
    52  and wilfully violates section one-m of this article shall be guilty of a
    53  class A misdemeanor and may be barred from engaging in  lobbying  activ-

        S. 1510                            73                            A. 2010
 
     1  ities,  as  the  term  is defined in subdivision (c) of section one-c of
     2  this article, for a period of up to two years; and
     3    (ii)  any  lobbyist,  public  corporation, or client who knowingly and
     4  wilfully fails to file timely a report or  statement  required  by  this
     5  section  or  knowingly and wilfully files false information or knowingly
     6  and wilfully violates section one-m of this article, after having previ-
     7  ously been convicted in the preceding [five]  ten  years  of  the  crime
     8  described  in  paragraph  (i)  of this subdivision, shall be guilty of a
     9  class E felony. Any lobbyist, public corporation or client convicted  of
    10  or  pleading  guilty  to  a  felony under the provisions of this section
    11  [may] shall be barred from [acting as a lobbyist] engaging  in  lobbying
    12  activities,  as  the term is defined in subdivision (c) of section one-c
    13  of this article, for a period of [one year] no less than two  years  and
    14  no more than six years from the date of the conviction. For the purposes
    15  of  this  subdivision, the chief administrative officer of any organiza-
    16  tion required to file a statement or report shall be the person  respon-
    17  sible  for  making and filing such statement or report unless some other
    18  person prior to the due date thereof has been duly  designated  to  make
    19  and file such statement or report.
    20    § 2. Subparagraph (B) of paragraph (iii) of subdivision (b) of section
    21  1-o  of the legislative law, as added by chapter 14 of the laws of 2007,
    22  is amended to read as follows:
    23    (B) If, after a lobbyist or client has been  found  to  have  violated
    24  subdivision  one  of section one-n of this article, a lobbyist or client
    25  knowingly and wilfully violates the provisions  of  subdivision  one  of
    26  section  one-n  of this article within [four] ten years of such finding,
    27  the lobbyist or client shall be subject to a civil penalty not to exceed
    28  twenty-five thousand dollars.
    29    § 3. Paragraph (iv) of subdivision (b) of section 1-o of the  legisla-
    30  tive law, as added by chapter 14 of the laws of 2007, is amended to read
    31  as follows:
    32    (iv)  Any lobbyist or client that knowingly and wilfully fails to file
    33  a statement or report within the time required for the  filing  of  such
    34  report,  knowingly  and  wilfully  files a false statement or report, or
    35  knowingly and wilfully violates section one-m  of  this  article,  after
    36  having been found by the commission to have knowing and wilfully commit-
    37  ted  such conduct or violation in the preceding [five] ten years, may be
    38  subject to a determination that the lobbyist or client  is  [prohibited]
    39  barred  from engaging in lobbying activities, as that term is defined in
    40  [paragraph (v) of] subdivision (c) of section one-c of this article, for
    41  a period of [one year] no less than two  years  and  no  more  than  six
    42  years.
    43    §  4.  Paragraph (v) of subdivision (b) of section 1-o of the legisla-
    44  tive law, as added by chapter 14 of the laws of 2007, is amended to read
    45  as follows:
    46    (v) Any lobbyist, public corporation  or  client  that  knowingly  and
    47  wilfully  engages  in  lobbying  activities,  as that term is defined in
    48  [paragraph (v) of] subdivision (c) of section  one-c  of  this  article,
    49  during  the  period  in  which  the  commission determined that they are
    50  [prohibited] barred from engaging in lobbying activities, [as that  term
    51  is  defined in paragraph (v) of subdivision (c) of section one-c of this
    52  article] pursuant to this [subdivision] section, shall be  guilty  of  a
    53  class  E felony and may be subject to a determination that the lobbyist,
    54  public corporation, or client is prohibited from  engaging  in  lobbying
    55  activities[, as that term is defined in paragraph (v) of subdivision (c)
    56  of section one-c of this article,] for a period of [up to four] not less

        S. 1510                            74                            A. 2010
 
     1  than  two  and  no more than ten years, and such lobbyist, public corpo-
     2  ration or client, in addition to or in lieu of  such  penalty  shall  be
     3  subject  to a civil penalty not to exceed fifty thousand dollars, plus a
     4  civil  penalty  in  an amount equal to five times the value of any gift,
     5  compensation or benefit received as a result of the violation.
     6    § 5. Subdivision (b) of section 1-o of the legislative law, is amended
     7  by adding a new paragraph (vii) to read as follows:
     8    (vii) A lobbyist or client who, during the conduct of a  random  audit
     9  pursuant to section one-d of this chapter, knowingly and willfully fails
    10  to comply with requests for the production of documents bearing upon any
    11  matters required to be included in a filing or registration or otherwise
    12  fails  to comply with requests of the commission related to the enforce-
    13  ment of this chapter, shall be subject to a civil penalty not to  exceed
    14  ten thousand dollars.
    15    §  6. Paragraphs (i) and (ii) of subdivision (c) of section 1-o of the
    16  legislative law, as added by chapter 14 of the laws of 2007, are amended
    17  to read as follows:
    18    (i) Any assessment or order to debar rendered by the commission pursu-
    19  ant to this section shall be determined only after a  hearing  at  which
    20  the party shall be entitled to appear, present evidence and be heard. In
    21  ordering  debarment,  the  commission  shall consider whether the facts,
    22  circumstances and public  interest  warrant  any  firm,  partnership  or
    23  corporation  of,  or in which such lobbyist is or becomes a shareholder,
    24  owner, member, partner, director or officer be barred from acting  as  a
    25  lobbyist.  If  it  so finds, then such order of debarment shall apply to
    26  such firm, partnership or corporation, as well. Any assessment or  order
    27  to  debar pursuant to this section may only be imposed after the commis-
    28  sion sends by certified and first-class mail written notice of intent to
    29  assess a penalty or order to debar and the  basis  for  the  penalty  or
    30  order  to debar. Any assessment may be recovered in an action brought by
    31  the attorney general and, if assessed against  a  firm,  partnership  or
    32  corporation may, if the commission so finds the facts, circumstances and
    33  public interest so warrant, notwithstanding any other law to the contra-
    34  ry,  be assessed jointly and severally against the shareholders, owners,
    35  members, partners, directors and officers of such firm,  partnership  or
    36  corporation.
    37    (ii)  In  assessing  any fine or penalty pursuant to this section, the
    38  commission shall consider: (A) as a mitigating factor that the lobbyist,
    39  public corporation or client has not previously been required to  regis-
    40  ter,  and  (B)  (1)  as  an aggravating factor that the lobbyist, public
    41  corporation or client has  received written notice pursuant to  subdivi-
    42  sion  thirteen of section ninety-four of the executive law of the exist-
    43  ence of a possible violation or violations of  law,  previously  entered
    44  into  a settlement with the commission or had otherwise been the subject
    45  of an investigation commenced pursuant to such subdivision, or had fines
    46  or penalties assessed against it in the past. The amount of compensation
    47  expended, incurred or received shall be a factor to consider  in  deter-
    48  mining  a  proportionate penalty.  (2) For the purposes of this section,
    49  where the lobbyist is an individual, past penalties  shall  include  any
    50  penalties levied against such lobbyist or levied against any firm, part-
    51  nership, or corporation of or in which such lobbyist participated in and
    52  shared culpability for the acts resulting in such past penalties.
    53    §  7.  Section  1-o  of the legislative law is amended by adding a new
    54  subdivision (e) to read as follows:
    55    (e) Any lobbyist, public corporation, or client who,  knowing  that  a
    56  statement  or report made pursuant to this article contains false infor-

        S. 1510                            75                            A. 2010
 
     1  mation, and with intent to defraud  the  state,  offers  or  presents  a
     2  statement  or report to the commission with the knowledge or belief that
     3  it will be filed with, registered or recorded in or otherwise  become  a
     4  part  of  the  records  of  the commission, shall be guilty of a class E
     5  felony, and may be subject to a penalty of the greater  of  seventy-five
     6  thousand  dollars,  or  an  amount  equal  to ten times the value of any
     7  compensation or benefit received as  a  result  of  the  violation.  The
     8  commission may assess such civil penalties.
     9    §  8.  This  act  shall take effect immediately; provided however, the
    10  provisions of this act shall only be  applicable  to  conduct  occurring
    11  after this act shall have become a law.
 
    12                                   PART T
 
    13    Section  1. Paragraph (a) of subdivision 8 of section 73 of the public
    14  officers law, as amended by chapter 299 of the laws  of  1995,  subpara-
    15  graph  (iii)  as amended and subparagraph (iv) as added by chapter 14 of
    16  the laws of 2007, is amended to read as follows:
    17    (a) (i) No person who has served as a state officer or employee  shall
    18  within  a  period  of  [two]  five  years  after the termination of such
    19  service or employment appear  or  practice  before  such  state  agency,
    20  register as a lobbyist or engage in lobbying as defined in article one-A
    21  of the legislative law or receive compensation for any services rendered
    22  by such former officer or employee on behalf of any person, firm, corpo-
    23  ration or association in relation to any case, proceeding or application
    24  or other matter before such agency.
    25    (ii)  No person who has served as a state officer or employee, who was
    26  required to file an annual statement of financial disclosure pursuant to
    27  section seventy-three-a of this article, shall after the termination  of
    28  such  service or employment appear, practice, communicate, register as a
    29  lobbyist or engage in lobbying as defined in article one-A of the legis-
    30  lative law or otherwise render  services  before  any  state  agency  or
    31  receive compensation for any such services rendered by such former offi-
    32  cer  or  employee  on  behalf  of any person, firm, corporation or other
    33  entity in relation to any case, proceeding, application  or  transaction
    34  with respect to which such person was directly concerned and in which he
    35  or  she  personally participated during the period of his or her service
    36  or employment, or which was under his or her active consideration.
    37    (iii) No person who has served as a member of the legislature who  was
    38  required to file an annual statement of financial disclosure pursuant to
    39  section  seventy-three-a  of this article shall within a period of [two]
    40  five years after the termination of such  service  receive  compensation
    41  for  any  services on behalf of any person, firm, corporation or associ-
    42  ation to promote or oppose, directly or indirectly, the passage of bills
    43  or resolutions by either house of the  legislature,  or  register  as  a
    44  lobbyist or engage in lobbying as defined in article one-A of the legis-
    45  lative law.  No legislative employee, who was required to file an annual
    46  statement of financial disclosure pursuant to section seventy-three-a of
    47  this article, shall within a period of [two] five years after the termi-
    48  nation  of  such service receive compensation for any services on behalf
    49  of any person, firm, corporation or association to appear,  practice  or
    50  directly  communicate  before either house of the legislature to promote
    51  or oppose the passage of bills or resolutions by  either  house  of  the
    52  legislature,  or register as a lobbyist or engage in lobbying as defined
    53  in article one-A of the legislative law.

        S. 1510                            76                            A. 2010
 
     1    (iv) No person who has served as an officer or employee in the  execu-
     2  tive  chamber of the governor, who was required to file an annual state-
     3  ment of financial disclosure pursuant to section seventy-three-a of this
     4  article, shall within a period of [two] five years after termination  of
     5  such  service appear or practice before any state agency, or register as
     6  a lobbyist or engage in lobbying as defined  in  article  one-A  of  the
     7  legislative law.
     8    §  2.  This  act  shall  take effect on January 1, 2020 and shall only
     9  apply to persons leaving state service after the effective date of  this
    10  act.
 
    11                                   PART U
 
    12    Section 1. Section 107 of the civil service law is amended by adding a
    13  new subdivision 4-a to read as follows:
    14    4-a.  No  officer  or  employee  of  a statewide officeholder, a state
    15  senator, or a member of the assembly, shall be  permitted  to  volunteer
    16  his  or  her services in furtherance of a campaign for elected office in
    17  which the employing elected officeholder is the campaign candidate.
    18    § 2. This act shall take effect immediately.
 
    19                                   PART V
 
    20    Section 1. Subdivision 1 of  section  94  of  the  executive  law,  as
    21  amended  by  section  6 of part A of chapter 399 of the laws of 2011, is
    22  amended to read as follows:
    23    1. There is established within the department of state a joint commis-
    24  sion on public ethics which shall consist of fourteen members and  shall
    25  have  and  exercise the powers and duties set forth in this section with
    26  respect to statewide elected officials, members of the  legislature  and
    27  employees  of  the  legislature,  and  state  officers and employees, as
    28  defined in sections seventy-three  and  seventy-three-a  of  the  public
    29  officers law, candidates for statewide elected office and for the senate
    30  or assembly, and the political party chairman as that term is defined in
    31  section  seventy-three-a  of  the public officers law, lobbyists and the
    32  clients of lobbyists as such terms are defined in article one-A  of  the
    33  legislative  law, and individuals who have formerly held such positions,
    34  were lobbyists or clients of lobbyists, as such  terms  are  defined  in
    35  article  one-A  of  the  legislative law, or who have formerly been such
    36  candidates. The commission shall also have and exercise the  powers  set
    37  forth in this section with respect to covered municipal officers as such
    38  term  is  defined  in section eight hundred ten of the general municipal
    39  law, provided, however, that the jurisdiction of the joint commission on
    40  public ethics with respect to such covered municipal officers  shall  be
    41  limited  to  the  provisions  of  this section relating to the filing of
    42  accurate  annual  statements  of  financial  disclosure,  and  provided,
    43  further,  if the commission has a reasonable basis to believe that there
    44  are ethical or legal issues outside its jurisdiction, but related to the
    45  annual statement of financial disclosure, such issues shall be  referred
    46  to  the  appropriate body as defined in section eight hundred ten of the
    47  general municipal law or the district attorney from the county where the
    48  municipal corporation is located. This section shall not  be  deemed  to
    49  have revoked or rescinded any regulations or advisory opinions issued by
    50  the  legislative  ethics commission, the commission on public integrity,
    51  the state ethics commission and the  temporary  lobbying  commission  in
    52  effect  upon  the  effective date of chapter fourteen of the laws of two

        S. 1510                            77                            A. 2010
 
     1  thousand seven which amended this section to the extent that such  regu-
     2  lations  or  opinions  are not inconsistent with any law of the state of
     3  New York, but such regulations and opinions shall apply only to  matters
     4  over  which  such  commissions  had  jurisdiction at the time such regu-
     5  lations and opinions were promulgated or issued.  The  commission  shall
     6  undertake  a  comprehensive review of all such regulations and opinions,
     7  which will address the consistency  of  such  regulations  and  opinions
     8  among  each other and with the new statutory language, and of the effec-
     9  tiveness of the existing laws, regulations, guidance and ethics enforce-
    10  ment structure to address the ethics of  covered  public  officials  and
    11  related  parties.  Such  review  shall be conducted with the legislative
    12  ethics commission and, to the extent  possible,  the  report's  findings
    13  shall reflect the full input and deliberations of both commissions after
    14  joint  consultation.  The  commission  shall, before February first, two
    15  thousand fifteen, report to the governor and legislature regarding  such
    16  review  and  shall propose any regulatory or statutory changes and issue
    17  any advisory opinions necessitated by such review.
    18    § 2. Subparagraph 1 of paragraph (a) of subdivision 19 of  section  94
    19  of  the  executive law, as amended by section 6 of part A of chapter 399
    20  of the laws of 2011, is amended to read as follows:
    21    (1) the information set forth in  an  annual  statement  of  financial
    22  disclosure filed pursuant to section seventy-three-a of the public offi-
    23  cers  law  and  pursuant  to  subdivision three of section eight hundred
    24  eleven and subdivision one of section eight hundred twelve of the gener-
    25  al municipal law, except information deleted pursuant to  paragraph  (h)
    26  of subdivision nine of this section;
    27    §  3.  Section 810 of the general municipal law is amended by adding a
    28  new subdivision 13 to read as follows:
    29    13. "Covered municipal officer" means (a) any  individual  elected  to
    30  serve  the  government of any municipal corporation who receives compen-
    31  sation of fifty thousand dollars or more annually  from  such  municipal
    32  corporation  as  well  as  (b)  any  individual who is either elected or
    33  appointed to serve as county executive, county manager, or chair of  the
    34  county board of supervisors.
    35    §  4.  Section 811 of the general municipal law is amended by adding a
    36  new subdivision 3 to read as follows:
    37    3. (a) Notwithstanding any local law, ordinance, or resolution provid-
    38  ing for the annual filing of an annual statement  of  financial  disclo-
    39  sure,  a  covered municipal officer shall be required to file the annual
    40  statement of financial disclosure set forth in  section  seventy-three-a
    41  of  the  public officers law with the joint commission on public ethics,
    42  provided, however a covered municipal officer  may  satisfy  the  filing
    43  requirements  of  this  subdivision by filing a copy of the statement of
    44  financial disclosure filed pursuant to paragraph (a) or (a-1) of  subdi-
    45  vision one of this section with the joint commission on public ethics on
    46  or before the filing deadline provided in section seventy-three-a of the
    47  public  officers  law,  if  such statement of financial disclosure filed
    48  pursuant to paragraph (a) or (a-1) of subdivision one  of  this  section
    49  has been authorized by the joint commission on public ethics pursuant to
    50  paragraph (b) of this subdivision.
    51    (b)  The  governing  body  of  each  municipal corporation may adopt a
    52  resolution to request authorization from the joint commission on  public
    53  ethics for its covered municipal officers to file with the joint commis-
    54  sion  on  public  ethics  a  copy  of  the annual statement of financial
    55  disclosure filed pursuant to paragraph (a) or (a-1) of  subdivision  one
    56  of  this section to satisfy the filing requirements of a covered munici-

        S. 1510                            78                            A. 2010
 
     1  pal officer of paragraph (a) of this subdivision. The  joint  commission
     2  on public ethics shall promptly make a determination in response to each
     3  request,  which  shall  include an explanation for its determination. If
     4  authorization is denied, the municipal corporation may amend its request
     5  and resubmit.
     6    (c) The governing body of each municipal corporation may adopt a local
     7  law, ordinance, or resolution authorizing its covered municipal officers
     8  to satisfy the filing requirements of paragraph (a) or (a-1) of subdivi-
     9  sion  one  of  this  section by filing a copy of the annual statement of
    10  financial disclosure as set forth  in  section  seventy-three-a  of  the
    11  public  officers law filed pursuant to paragraph (a) of this subdivision
    12  with the appropriate body.
    13    § 5. Subdivision 1 of section 812 of  the  general  municipal  law  is
    14  amended by adding a new paragraph (j) to read as follows:
    15    (j)  A  covered municipal officer shall be required to file the annual
    16  statement of financial disclosure set forth in  section  seventy-three-a
    17  of the public officers law with the joint commission on public ethics. A
    18  covered  municipal  officer may satisfy the filing requirements of para-
    19  graph (a) of this subdivision by filing a copy of the  annual  statement
    20  of financial disclosure filed pursuant to this paragraph with the appro-
    21  priate body.
    22    § 6. This act shall take effect January 1, 2021.

    23                                   PART W
 
    24    Section  1.  Section 1-a of the legislative law, as added by chapter 2
    25  of the laws of 1999, is amended to read as follows:
    26    § 1-a. Legislative declaration. (a) The  legislature  hereby  declares
    27  that  the  operation  of responsible democratic government requires that
    28  the fullest opportunity be afforded to  the  people  to  petition  their
    29  government for the redress of grievances and to express freely to appro-
    30  priate  officials  their  opinions on legislation and governmental oper-
    31  ations; and that, to preserve and maintain the integrity of the  govern-
    32  mental  decision-making  process in this state, it is necessary that the
    33  identity, expenditures  and  activities  of  persons  and  organizations
    34  retained,  employed  or designated to influence the passage or defeat of
    35  any legislation by either house of the legislature or the  approval,  or
    36  veto,  of  any legislation by the governor and attempts to influence the
    37  adoption or rejection of any rule or regulation  having  the  force  and
    38  effect  of  law  or the outcome of any rate making proceeding by a state
    39  agency, and the attempts to influence the passage or defeat of any local
    40  law, ordinance, or regulation be publicly and regularly disclosed.
    41    (b) Code of Conduct for Lobbyists.  To help preserve and  advance  the
    42  principles  articulated in subdivision (a) of this section, every lobby-
    43  ist  shall  uphold  the  following  minimum  standards  of  professional
    44  conduct:
    45    (i) Duty of Honesty and Loyalty:
    46    A  lobbyist  shall act with honesty, integrity, and in good faith with
    47  respect to both his or her clients  and  to  government  officials.    A
    48  lobbyist  shall  not  represent  clients  with conflicting interests, or
    49  interests that appear to be conflicting, without the  informed  consent,
    50  in  writing,  of all relevant clients.  Where such informed consent of a
    51  conflict is given by a lobbyist's clients, the lobbyist has  a  duty  to
    52  disclose  the conflict and the client consent to any government official
    53  that the lobbyist interacts with on that matter.
    54    (ii) Duty of Disclosure:

        S. 1510                            79                            A. 2010
 
     1    A lobbyist shall inform his or her client of the  lobbyist  disclosure
     2  duties  pursuant  to  the  Legislative Law and shall inform their client
     3  about his or her duties pursuant to this code  of  conduct.  A  lobbyist
     4  shall  communicate  with  his  or  her client to identify, disclose, and
     5  resolve  any actual or appearances of a conflict of interest. A lobbyist
     6  shall inform his or her client if any other person or entity is  receiv-
     7  ing  a  direct  or indirect referral or consulting fee from the lobbyist
     8  due to or in connection with the matter on which the lobbyist  has  been
     9  retained  and  shall  disclose  the  amount  of  such  fee to his or her
    10  client.  
    11    (iii) Duty to Provide Accurate Information:
    12    A lobbyist shall not knowingly provide untruthful or deceptive  infor-
    13  mation  to  a  government official or to a client and should endeavor to
    14  provide factually correct, current, and  accurate  information  to  such
    15  persons  to  the  best  of  their  knowledge, information, and belief. A
    16  lobbyist shall use reasonable measures to verify the truth of the state-
    17  ments and information that he or she provides both  to  clients  and  to
    18  government  officials. If a lobbyist is aware that information he or she
    19  provided to a client or a government official is, or becomes, inaccurate
    20  in a significant, relevant, and material way, a lobbyist has a  duty  to
    21  promptly  provide  any  relevant  parties  with corrected information. A
    22  lobbyist shall act in a manner that is respectful to his or her  clients
    23  and to the government Institutions that he or she interacts with.
    24    (iv)  The  joint  commission  on  public ethics is authorized to issue
    25  regulations to effectuate this section.
    26    § 2. Subdivisions (c) and (d) of section 1-o of the  legislative  law,
    27  as  added  by  chapter  14  of  the laws of 2007, are amended to read as
    28  follows:
    29    (c) In addition to any penalty contained in  any  other  provision  of
    30  law,  any  lobbyist  who  knowingly  and  willfully  violates any of the
    31  provisions of the lobbyist code of conduct pursuant to section one-a  of
    32  this  article  shall be subject to a civil penalty not to exceed twenty-
    33  five thousand dollars for the first offense; for any subsequent offense,
    34  the lobbyist may be barred from engaging in lobbying  activities  for  a
    35  minimum of six months and a maximum of five years.
    36    (d)  (i)  Any  assessment  or  order to debar shall be determined only
    37  after a hearing at which the party shall be entitled to appear,  present
    38  evidence and be heard. Any assessment or order to debar pursuant to this
    39  section  may only be imposed after the commission sends by certified and
    40  first-class mail written notice of intent to assess a penalty  or  order
    41  to debar and the basis for the penalty or order to debar. Any assessment
    42  may be recovered in an action brought by the attorney general.
    43    (ii)  In  assessing  any fine or penalty pursuant to this section, the
    44  commission shall consider: (A) as a mitigating factor that the lobbyist,
    45  public corporation or client has not previously been required to  regis-
    46  ter,  and  (B) as an aggravating factor that the lobbyist, public corpo-
    47  ration or client has had fines or penalties assessed against it  in  the
    48  past. The amount of compensation expended, incurred or received shall be
    49  a factor to consider in determining a proportionate penalty.
    50    (iii) Any lobbyist, public corporation or client who receives a notice
    51  of intent to assess a penalty for knowingly and wilfully failing to file
    52  a  report  or  statement pursuant to subdivision (b) of this section and
    53  who has never previously received a notice of intent to assess a penalty
    54  for failing to file a report or statement required  under  this  section
    55  shall  be  granted  fifteen  days  within which to file the statement of
    56  registration or report without being subject to the fine or penalty  set

        S. 1510                            80                            A. 2010
 
     1  forth  in  subdivision  (b)  of  this  section. Upon the failure of such
     2  lobbyist, public corporation or client to file within such  fifteen  day
     3  period,  such lobbyist, public corporation or client shall be subject to
     4  a fine or penalty pursuant to subdivision (b) of this section.
     5    [(d)]  (e) All moneys recovered by the attorney general or received by
     6  the commission from the assessment of civil penalties authorized by this
     7  section shall be deposited to the general fund.
     8    § 3. This act shall take effect immediately.
 
     9                                   PART X
 
    10    Section 1. Section 5-212 of the election law is  REPEALED  and  a  new
    11  section 5-212 is added to read as follows:
    12    § 5-212. Motor vehicle registration. 1. In addition to any other meth-
    13  od  of  voter  registration  provided for in this article, any qualified
    14  person shall be automatically applied for  registration  and  enrollment
    15  simultaneously  with  and  upon application for a motor vehicle driver's
    16  license, a driver's license renewal, a change of address,  or  an  iden-
    17  tification  card  if  such  a  card is issued by the department of motor
    18  vehicles in its normal course of business unless such  qualified  person
    19  declines such application for registration and enrollment at the time of
    20  making  an  application for such a motor vehicle driver's license, driv-
    21  er's license renewal, a change of address, or an identification card  if
    22  such  card  is  issued by the department of motor vehicles in its normal
    23  course of business.
    24    2. The department of motor vehicles, with the approval  of  the  state
    25  board of elections, shall design a form or forms that shall, in addition
    26  to  eliciting  such  information as may be required by the department of
    27  motor vehicles for a driver's license, a  driver's  license  renewal,  a
    28  change of address or an identification card, serve as an application for
    29  registration  and enrollment, or a registration necessitated by a change
    30  of residence.  Only one signature shall be required to meet the  certif-
    31  ication  and  attestation needs of the portion of the form pertaining to
    32  the application for a driver's license, a driver's  license  renewal,  a
    33  change  of  address  notification  or  an  identification  card, and the
    34  portion of the form pertaining to voter registration and enrollment. The
    35  cost of such forms shall be borne by the department of motor vehicles.
    36    3. The voter registration portion of such form shall:
    37    (a) not  require  any  information  that  duplicates  the  information
    38  required on the application for the driver's license, change of address,
    39  or  identification  card  portion and shall require only such additional
    40  information as will enable election officials to assess the  applicant's
    41  eligibility  to register to vote, to prevent duplicate registration, and
    42  to administer voter registration and other parts of the  election  proc-
    43  ess;
    44    (b)  include  a  statement  of  the eligibility requirements for voter
    45  registration and shall require the applicant to attest  by  his  or  her
    46  signature  that  he  or  she  meets  those requirements under penalty of
    47  perjury unless such applicant declines such registration;
    48    (c) inform the applicant, in print  identical  to  that  used  in  the
    49  attestation section of the following:
    50    (i) voter eligibility requirements;
    51    (ii) penalties for submission of false registration application;
    52    (iii)  that  the  office  where  the  applicant registers shall remain
    53  confidential and that the voter's information shall  be  used  only  for
    54  voter registration purposes;

        S. 1510                            81                            A. 2010
 
     1    (iv)  if the applicant declines to register, such applicant's declina-
     2  tion shall remain confidential and shall be used only for  voter  regis-
     3  tration purposes;
     4    (v) that if an applicant is a victim of domestic violence or stalking,
     5  he  or  she may contact the state board of elections in order to receive
     6  information regarding the address confidentiality program for victims of
     7  domestic violence under section 5-508 of this article;
     8    (d) include a box for the applicant to check to indicate  whether  the
     9  applicant  would  like  to  decline  to  register to vote along with the
    10  statement in prominent type, "IF YOU DO NOT CHECK THIS BOX, YOU  PROVIDE
    11  YOUR  SIGNATURE  ON  THE  SPACE  PROVIDED BELOW, AND YOU ARE AT LEAST 18
    12  YEARS OF AGE OR OLDER, YOU WILL HAVE ATTESTED  TO  YOUR  ELIGIBILITY  TO
    13  REGISTER TO VOTE AND YOU WILL HAVE APPLIED TO REGISTER TO VOTE.";
    14    (e) include a space for the applicant to indicate his or her choice of
    15  party enrollment, with a clear alternative provided for the applicant to
    16  decline to affiliate with any party;
    17    (f)  include the statement, "If you would like help in filling out the
    18  voter registration application form, we  will  help  you.  The  decision
    19  whether  to  seek or accept help is yours. You may fill out the applica-
    20  tion form in private.";
    21    (g) include the statement, "If you believe that someone has interfered
    22  with your right to register or decline to register to vote,  your  right
    23  to privacy in deciding whether to register or in applying to register to
    24  vote,  or  your  right to choose your own political party or other poli-
    25  tical preference, you may file a  complaint  with  the  state  board  of
    26  elections (address and toll free telephone number).";
    27    (h)  include  a  toll free number at the state board of elections that
    28  can be called for answers to registration questions; and
    29    (i) include any other information that is necessary to comply with the
    30  requirements of the National Voter Registration Act.
    31    4. The department of motor vehicles shall transmit that portion of the
    32  form which constitutes the completed  application  for  registration  or
    33  change  of  address form to the appropriate board of elections not later
    34  than ten days after receipt except that all such completed  applications
    35  and  forms received by such department between the thirtieth and twenty-
    36  fifth day before an election shall be transmitted in such manner and  at
    37  such  time  as  to  assure  their receipt by such board of elections not
    38  later than the twentieth day before such  election.    All  transmittals
    39  shall  include  signatures. A digital image of a signature shall satisfy
    40  this requirement.
    41    5. Completed application forms received by  the  department  of  motor
    42  vehicles  not  later  than  the twenty-fifth day before the next ensuing
    43  primary, general, or special election and transmitted by such department
    44  to the appropriate board of elections so  that  they  are  received  not
    45  later  than  the  twentieth  day  before such election shall entitle the
    46  applicant to vote in such election provided the  board  determines  that
    47  the applicant is otherwise qualified.
    48    6.  Disclosure of voter registration information, including a declina-
    49  tion to register, by the department of motor vehicles, its agents or its
    50  employees, for other than voter registration purposes, shall  be  deemed
    51  an  unwarranted  invasion of personal privacy pursuant to the provisions
    52  of subdivision two of section eighty-nine of the public officers law and
    53  shall constitute a violation of this chapter.
    54    7. Application forms shall be processed by the board of  elections  in
    55  the  manner  prescribed by section 5-210 of this title or, if the appli-
    56  cant is already registered to vote from another address in  such  county

        S. 1510                            82                            A. 2010
 
     1  or  city,  in  the manner prescribed by section 5-208 of this title. The
     2  board shall send the appropriate notice  of  approval  or  rejection  as
     3  required by either subdivision nine of such section 5-210 or subdivision
     4  five of such section 5-208.
     5    8. Strict neutrality with respect to a person's party enrollment shall
     6  be  maintained  and  all  persons  seeking  voter registration forms and
     7  information shall be advised that government  services  are  not  condi-
     8  tioned on being registered to vote.
     9    9.  No  statement shall be made nor any action taken to discourage the
    10  applicant from registering to vote.
    11    10. The department of motor vehicles shall provide to each person  who
    12  chooses  to  register  to  vote the same level of assistance provided to
    13  persons in connection with the  completion  of  the  agency's  requisite
    14  information, unless such person refuses such assistance.
    15    11.  The  state  board  of  elections shall adopt such rules and regu-
    16  lations as may be necessary  to  carry  out  the  requirements  of  this
    17  section.  The  state  board of elections shall also adopt such rules and
    18  regulations as may be necessary to require boards of elections  and  the
    19  department  of  motor  vehicles  to provide the state board of elections
    20  with such information and data as the state  board  of  elections  deems
    21  necessary  to  assess  compliance  with this section and to compile such
    22  statistics as may be required by the United  State  Election  Assistance
    23  Commission.
    24    12.  The  state board of elections shall develop and distribute public
    25  information and promotional  materials  relating  to  the  purposes  and
    26  implementation of this program.
    27    13.  The  state board of elections shall prepare and distribute to the
    28  department of motor vehicles written instructions as to the  implementa-
    29  tion  of  the program and shall be responsible for establishing training
    30  programs for employees of the department of motor vehicles  involved  in
    31  such program.
    32    14. The commissioner of motor vehicles shall take all actions that are
    33  necessary and proper for the implementation of this section. The commis-
    34  sioner of motor vehicles shall designate one person within the agency as
    35  the  agency voter registration coordinator who will, under the direction
    36  of the state board of elections, be responsible for the voter  registra-
    37  tion program in such agency.
    38    15. Notwithstanding subdivision six of section 5-210 of this title and
    39  any  other  law  to the contrary, a person who is ineligible to vote who
    40  fails to decline to register to vote in accordance with  the  provisions
    41  of  this  section and did not willfully or knowingly seek to register to
    42  vote knowing that he or she is not eligible to do so; (a) shall  not  be
    43  guilty  of  any  crime  as the result of the applicant's failure to make
    44  such declination; (b) shall be deemed to have been registered with offi-
    45  cial authorization; and (c) such act may not be considered  as  evidence
    46  of a claim to citizenship.
    47    16. Notwithstanding subdivision six of section 5-210 of this title and
    48  any  other  law  to the contrary, a person who is ineligible to vote who
    49  fails to decline to register to vote in accordance with  the  provisions
    50  of  this  section,  who  then  either  votes  or  attempts to vote in an
    51  election held after the effective date of  that  person's  registration,
    52  and  who did not willfully or knowingly seek to register to vote knowing
    53  that he or she is not eligible to do so, and did not  subsequently  vote
    54  or  attempt to vote knowing that he or she is not eligible to do so, (a)
    55  shall not be guilty of any crime as the result of the applicant's  fail-
    56  ure to make such declination and subsequent vote or attempt to vote; (b)

        S. 1510                            83                            A. 2010
 
     1  shall be deemed to have been registered with official authorization; and
     2  (c)  such  act  may not be considered as evidence of a claim to citizen-
     3  ship.
     4    17.  Notwithstanding  any other law to the contrary, the department of
     5  motor vehicles shall not transmit to the board of elections any applica-
     6  tion for registration or pre-registration  for  a  person  that  is,  by
     7  virtue  of data maintained by the department, demonstrably ineligible to
     8  register or pre-register to vote by reason of age or not being a citizen
     9  of the United States.
    10    § 2. Paragraph (a) of subdivision 2 of section 5-712 of  the  election
    11  law,  as  amended by chapter 200 of the laws of 1996, is amended to read
    12  as follows:
    13    (a) The board of elections shall also send a  confirmation  notice  to
    14  every  registered  voter  for  whom  it  receives  a notice of change of
    15  address to an address not in such city or county  [which]  that  is  not
    16  signed  by the voter.  Such change of address notices shall include, but
    17  not be limited to, notices of change of  address  received  pursuant  to
    18  subdivision  eleven  of  section  5-211  and  subdivision  [six] four of
    19  section 5-212 of this article, notice of  change  of  address  from  the
    20  United  States  Postal  Service  through  the National Change of Address
    21  System or from any other agency of the federal government or any  agency
    22  of  any  state or local government and notice of a forwarding address on
    23  mail sent to a voter by the board  of  elections  and  returned  by  the
    24  postal  service.  Such  confirmation  notices  shall be sent to such new
    25  address.
    26    § 3. Subdivision 5 of section 5-210 of the election law is amended  by
    27  adding a new paragraph (n) to read as follows:
    28    (n)  The  form  of application required by section 5-212 of this title
    29  shall be deemed to meet the requirements of this section.
    30    § 4. Subdivision 27 of section 1-104 of the election law is amended to
    31  read as follows:
    32    27. The term "personal application" means  a  signed  writing  [which]
    33  that may be delivered by mailing [or], in person, or electronically.
    34    § 5. This act shall take effect April 1, 2020.
    35    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    36  sion,  section  or  part  of  this act shall be adjudged by any court of
    37  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    38  impair,  or  invalidate  the remainder thereof, but shall be confined in
    39  its operation to the clause, sentence, paragraph,  subdivision,  section
    40  or part thereof directly involved in the controversy in which such judg-
    41  ment shall have been rendered. It is hereby declared to be the intent of
    42  the  legislature  that  this  act  would  have been enacted even if such
    43  invalid provisions had not been included herein.
    44    § 3. This act shall take effect immediately  provided,  however,  that
    45  the  applicable effective date of Parts A through X of this act shall be
    46  as specifically set forth in the last section of such Parts.
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