Bill Text: NY S03657 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to determinations by county canvassing boards and publication of nominations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-03-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03657 Detail]

Download: New_York-2015-S03657-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3657
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       AN ACT to amend the election law, in relation to determinations by coun-
         ty canvassing boards and publication of lists of nominations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivisions 2 and 3 of section 9-212 of the election law,
    2  as amended by chapter 635 of the laws of 1990, are amended  to  read  as
    3  follows:
    4    2.  All  such  determinations  shall  be  in writing and signed by the
    5  members of the canvassing board or a majority  of  them  and  filed  and
    6  recorded in the office of the board of elections, THE BOARD OF ELECTIONS
    7  SHALL  CAUSE  A COPY OF SUCH DETERMINATIONS, AND OF THE STATEMENTS FILED
    8  IN ITS OFFICE UPON WHICH SUCH DETERMINATIONS WERE BASED, TO BE CONSPICU-
    9  OUSLY POSTED ON ITS WEBSITE. THE STATEMENT  OF  CANVASS  TO  BE  POSTED,
   10  HOWEVER, SHALL NOT GIVE THE VOTE BY ELECTION DISTRICTS BUT SHALL CONTAIN
   11  ONLY  THE  TOTAL  VOTE FOR A PERSON, OR THE TOTAL VOTE FOR AND THE TOTAL
   12  VOTE AGAINST A BALLOT PROPOSAL, CAST WITHIN THE COUNTY,  OR  WITHIN  THE
   13  PORTION THEREOF, IF ANY, IN WHICH AN OFFICE IS FILLED OR BALLOT PROPOSAL
   14  IS  DECIDED  BY  THE  VOTERS IF THE CANVASS OF THE VOTE THEREON DEVOLVES
   15  UPON THE COUNTY BOARD OF CANVASSERS. [Except in the city of New York and
   16  in the  counties  of  Nassau,  Orange  and  Westchester,  the  board  of
   17  elections  shall  cause a copy of such determinations, and of the state-
   18  ments filed in its office upon which such determinations were based,  to
   19  be  published  once  in  each  of  the  newspapers designated to publish
   20  election notices and the official canvass. The statement of  canvass  to
   21  be published, however, shall not give the vote by election districts but
   22  shall  contain  only  the total vote for a person, or the total vote for
   23  and the total vote against a ballot proposal, cast within the county, or
   24  within the portion thereof, if any, in which  an  office  is  filled  or
   25  ballot  proposal  is  decided  by  the voters if the canvass of the vote
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08733-01-5
       S. 3657                             2
    1  thereon devolves upon the county board of canvassers.] Such totals shall
    2  be expressed in arabic numerals.
    3    3. The board of elections shall prepare and forthwith transmit to each
    4  person  determined by the canvassing board to have been elected a certi-
    5  fied statement, naming the office to which  such  canvassing  board  has
    6  declared him OR HER elected.
    7    S  2.  Subdivisions  1  and 3 of section 4-122 of the election law, as
    8  amended by chapter 359 of the laws of  1989,  are  amended  to  read  as
    9  follows:
   10    1.    The  county  board of elections shall publish, AND CONSPICUOUSLY
   11  POST ON ITS WEBSITE, at least  six  days  before  an  election,  a  list
   12  containing the name [and residence] of every candidate for public office
   13  to be voted for within its jurisdiction at such election.
   14    3.  [The]  IN  ADDITION  TO BEING CONSPICUOUSLY POSTED ON THE BOARD OF
   15  ELECTIONS WEBSITE, THE list described in subdivision one of this section
   16  shall be published at least once in [not less than  two  nor  more  than
   17  four newspapers] A NEWSPAPER OF GENERAL CIRCULATION in the county.  In a
   18  county  containing a city, [at least one] such publication shall be in a
   19  daily newspaper published in a city therein, if there be such a  newspa-
   20  per.  In  the  case  of a village election held at a time other than the
   21  time of a general election, such publication shall  be  in  a  newspaper
   22  having  general  circulation  in such village.  [So far as is consistent
   23  with this section, one such newspaper shall represent each of the  major
   24  political  parties.] Should the board of elections find it impossible to
   25  make such publication six days before election it shall make it  at  the
   26  earliest possible day thereafter before the election.
   27    S 3. This act shall take effect immediately.