Bill Text: NY A08917 | 2017-2018 | General Assembly | Amended


Bill Title: Requires that a primary will not be held on the first Tuesday after the first Monday in September; any written communication to voters by mail shall contain a conspicuous notice in all capital letters and bold font notifying the voter of the primary date change; moves the date of the 2018 fall primary to Thursday, September 13.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2018-03-02 - signed chap.3 [A08917 Detail]

Download: New_York-2017-A08917-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8917--A
                                                                     R. R. 1
                   IN ASSEMBLY
                                     January 8, 2018
                                       ___________
        Introduced   by  M.  of  A.  CARROLL,  D'URSO,  D. ROSENTHAL,  BUCHWALD,
          PHEFFER AMATO, ROZIC -- read once and referred  to  the  Committee  on
          Election  Law  --  reported  and referred to the Committee on Rules --
          amended on the special order of third reading,  ordered  reprinted  as
          amended, retaining its place on the special order of third reading
        AN  ACT  to  amend  the  election  law, in relation to communications to
          voters by mail; to require the 2018 fall primary be held on  Thursday,
          September 13, 2018 and the political calendar be adjusted accordingly;
          and  providing  for  the  repeal of certain provisions upon expiration
          thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Notwithstanding the provisions of paragraph (a) of subdivi-
     2  sion 1 of section 8-100 of the election law, the 2018 fall primary shall
     3  be  held  on  Thursday,  September  13, 2018, and the political calendar
     4  shall be adjusted accordingly.
     5    § 2. Subdivision 1 of section 4-117 of the election law, as amended by
     6  chapter 44 of the laws of 2016, is amended to read as follows:
     7    1. The board of elections, between August first and  August  fifth  of
     8  each  year, shall send by mail on which is endorsed such language desig-
     9  nated by the state board of elections to ensure  postal  authorities  do
    10  not  forward  such  mail  but  return  it to the board of elections with
    11  forwarding information, when it cannot be  delivered  as  addressed  and
    12  which  contains  a  request  that any such mail received for persons not
    13  residing at the address be dropped back in the mail, a communication, in
    14  a form approved by the state board of  elections,  to  every  registered
    15  voter  who  has  been  registered  without a change of address since the
    16  beginning of such year, except that the board of elections shall not  be
    17  required  to  send such communications to voters in inactive status. The
    18  communication shall notify the voter of the days and hours of the  ensu-
    19  ing  primary  and  general  elections, the place where he appears by his
    20  registration records to be entitled to vote, the fact  that  voters  who
    21  have  moved  or  will  have  moved from the address where they were last
    22  registered must re-register or, that if such move was to another address
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14137-02-8

        A. 8917--A                          2
     1  in the same county or city, that such voter may either notify the  board
     2  of  elections  of his new address or vote by paper ballot at the polling
     3  place for his new address even if such voter has not  re-registered,  or
     4  otherwise  notified  the board of elections of the change of address. If
     5  the primary will not be held on  the  first  Tuesday  after  the  second
     6  Monday  in  September,  the  communication  shall  contain a conspicuous
     7  notice in all capital letters and bold font notifying the voter  of  the
     8  primary  date.  If  the  location  of  the polling place for the voter's
     9  election district has been moved, the communication  shall  contain  the
    10  following legend in bold type: "YOUR POLLING PLACE HAS BEEN CHANGED. YOU
    11  NOW  VOTE AT..........".   The communication shall also indicate whether
    12  the polling place is accessible to physically disabled  voters,  that  a
    13  voter who will be out of the city or county on the day of the primary or
    14  general election or a voter who is ill or physically disabled may obtain
    15  an absentee ballot, that a physically disabled voter whose polling place
    16  is  not  accessible may request that his registration record be moved to
    17  an election district which has a polling place which is accessible,  the
    18  phone  number  to call for applications to move a registration record or
    19  for absentee ballot applications, the  phone  number  to  call  for  the
    20  location of registration and polling places, the phone number to call to
    21  indicate  that  the  voter  is  willing  to  serve on election day as an
    22  election inspector, poll clerk, interpreter or in other capacities,  the
    23  phone  number to call to obtain an application for registration by mail,
    24  and such other information concerning the elections or  registration  as
    25  the  board  may  include. In lieu of sending such communication to every
    26  registered voter, the board of elections may send a single communication
    27  to a household containing more than one registered voter, provided  that
    28  the  names  of  all  such  voters  appear as part of the address on such
    29  communication.
    30    § 3. This act shall take effect immediately; provided,  however,  that
    31  section one of this act shall expire on December 31, 2018 when upon such
    32  date the provisions of such section shall be deemed repealed.
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