Bill Text: NY A07454 | 2011-2012 | General Assembly | Introduced


Bill Title: Relates to the canvassing of primary returns by the board of elections.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-01-04 - ordered to third reading cal.247 [A07454 Detail]

Download: New_York-2011-A07454-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7454
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 4, 2011
                                      ___________
       Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
         tee on Election Law
       AN ACT to amend the election law,  in  relation  to  the  canvassing  of
         primary returns by the board of elections
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 9-200  of  the  election  law,  as
    2  amended  by  chapter  29  of  the  laws  of  1983, is amended to read as
    3  follows:
    4    2. The board forthwith upon the completion of the canvass for  members
    5  of  a  state committee and delegates and alternates to a national, state
    6  or judicial district convention, shall transmit to the  state  board  of
    7  elections a certificate stating the name and residence of each member of
    8  a  state  committee  and  delegate and alternate elected from a district
    9  wholly within the jurisdiction of such board, except that, in respect to
   10  a judicial district convention in the  first,  second,  eleventh  [and],
   11  twelfth  AND  THIRTEENTH  judicial  districts,  the  board of elections,
   12  instead of transmitting such certificate, shall compile the roll of  the
   13  convention and transmit it to the chairman or secretary of the committee
   14  which,  by  party  rules,  is empowered to fix the time and place of the
   15  convention.  The board of elections shall send by mail to each  delegate
   16  and  alternate elected a notice of his election. The certificate or roll
   17  of the convention shall list the delegates and alternates elected  at  a
   18  primary  in  the  order of the votes received by each delegate or alter-
   19  nate, with the delegate or alternate receiving  the  highest  number  of
   20  votes  listed first. Tie votes shall be indicated in a manner prescribed
   21  by the state board of elections. If there shall have been  no  contested
   22  election for alternates, the names of the alternates shall appear on the
   23  certificate  or  roll  in the order in which their names appeared on the
   24  petition which designated them.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11382-01-1
       A. 7454                             2
    1    S 2. Section 9-202 of the election law, as amended by chapter  218  of
    2  the laws of 1992, is amended to read as follows:
    3    S  9-202.  Canvass  of  primary  returns  by state board of elections;
    4  convention rolls. The state board of elections upon receipt by  it  from
    5  boards  of  elections  of the tabulated statements of votes at a primary
    6  election required to be filed with it shall proceed forthwith to canvass
    7  such statements. Upon the completion  of  the  canvass  it  shall  make,
    8  certify  and  file  in  its office tabulated statements of the number of
    9  votes cast for all the candidates for nomination to each  public  office
   10  or for election to each party position, and the number of votes cast for
   11  each such candidate. The candidate receiving the highest number of votes
   12  shall be the nominee of his party for such office or shall be elected to
   13  such  party  position,  as the case may be, and the board, if requested,
   14  shall furnish to the elected candidates a certificate of election.  From
   15  such  certified  statements  of  the  votes for delegates and alternates
   16  elected to a state or judicial district convention of any  party,  other
   17  than  a  judicial  district  convention  in  the first, second, eleventh
   18  [and], twelfth AND THIRTEENTH judicial districts, the state board  shall
   19  forthwith  compile  the  roll  of  each such convention in duplicate and
   20  transmit it, if for a state convention, to the chairman and secretary of
   21  the state committee of the party, and if for a judicial district conven-
   22  tion, to the chairman and secretary of the  committee  which,  by  party
   23  rules,  is  empowered  to  fix the time and place of the convention. The
   24  roll of the convention shall list the candidates elected at a primary in
   25  the order of the votes received by  each  candidate  together  with  the
   26  number  of  votes  received  by each such candidate. If there shall have
   27  been no contested election for alternates, the names of  the  alternates
   28  shall appear on the roll in the order in which their names appear on the
   29  petition which designated them. The state board of elections shall tran-
   30  smit  copies  of the certified statements of the votes for delegates and
   31  alternates to a national convention of  a  party  to  the  chairman  and
   32  secretary of the state committee of such party.
   33    S 3. This act shall take effect immediately.
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