S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5962
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     June 14, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the election law, in relation to the conducting  of  the
         presidential  primary,  to  provide for the election of delegates to a
         national party convention or a national party conference in 2016,  and
         the  "Presidential"  and  "Fall"  primary  in  such year; to amend the
         election law, in relation to electing delegates to  a  national  party
         convention; and providing for the repeal of such provisions upon expi-
         ration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1  of  section  8-100  of  the
    2  election  law,  as amended by chapter 17 of the laws of 2007, is amended
    3  to read as follows:
    4    (a) A primary election, to be known as the fall primary, shall be held
    5  on the first Tuesday after the second Monday in September  before  every
    6  general  election unless otherwise changed by an act of the legislature.
    7  MEMBERS OF STATE AND COUNTY COMMITTEES AND ASSEMBLY DISTRICT LEADERS AND
    8  ASSOCIATE ASSEMBLY DISTRICT LEADERS AND ALL OTHER PARTY POSITIONS TO  BE
    9  ELECTED  SHALL  BE  ELECTED  AT THE FALL PRIMARY AND ALL NOMINATIONS FOR
   10  STATE AND LOCAL PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY  ELECTION
   11  IN  SUCH  YEAR SHALL BE MADE AT THE FALL PRIMARY. In [each] THE year TWO
   12  THOUSAND SIXTEEN in which electors of president and  vice  president  of
   13  the  United States are to be elected, an additional primary election, to
   14  be known as the [spring] PRESIDENTIAL primary, shall  be  held  on  [the
   15  first  Tuesday  in  February]  APRIL TWENTY-SIXTH, TWO THOUSAND SIXTEEN,
   16  unless otherwise changed by an act of the legislature, for  the  purpose
   17  of  electing  delegates  AND ALTERNATE DELEGATES to the national conven-
   18  tion[, members of state and  county  committees  and  assembly  district
   19  leaders and associate assembly district leaders].
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11003-06-5
       S. 5962                             2
    1    S  2. Notwithstanding any inconsistent provisions of the election law,
    2  a rule or resolution of a state committee providing for the selection of
    3  delegates and alternate delegates to  a  national  party  convention  or
    4  national  party  conference in the year 2016 shall select either section
    5  three  or section four of this act in order to conform to the rules of a
    6  national committee.  A certified copy of such rule or  resolution  shall
    7  be  filed  with the state board of elections no later than the first day
    8  of November, 2015.
    9    S 3. The election law is amended by adding a new  section  2-122-a  to
   10  read as follows:
   11    S  2-122-A.  NATIONAL  CONVENTION; NATIONAL PARTY CONFERENCE.   1. THE
   12  RULES OF THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT  THE  DELEGATES
   13  AND  ALTERNATE  DELEGATES  TO  A  NATIONAL  CONVENTION OR NATIONAL PARTY
   14  CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS:
   15    A. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE
   16  OF  PRESIDENT  OF THE UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR
   17  SUCH OFFICE APPEAR ON THE BALLOT;
   18    B. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES  FOR  THE  POSI-
   19  TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE TO A NATIONAL CONVENTION IN
   20  DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND
   21    C. BY THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE  AT  A
   22  MEETING  OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE PARTY
   23  MAY PROVIDE.
   24    2. IF  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO  THE
   25  PROVISIONS  OF  THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN WHICH THE
   26  OFFICE OF PRESIDENT OF THE UNITED STATES APPEARS ON THE  BALLOT,  DESIG-
   27  NATION  OF  CANDIDATES  FOR  SUCH  OFFICE  SHALL BE MADE PURSUANT TO THE
   28  PROVISIONS OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH  CANDIDATES
   29  NEED  NOT  BE  CITIZENS  OF  NEW  YORK  BUT  ONLY CITIZENS OF THE UNITED
   30  STATES), 6-130, 6-132 (EXCEPT THAT REFERENCES TO  A  COMMITTEE  TO  FILL
   31  VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES),
   32  6-134,  6-144,  THE  PROVISIONS WITH RESPECT TO DECLINATIONS IN SUBDIVI-
   33  SIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A  COMMIT-
   34  TEE  TO  FILL  VACANCIES  SHALL  BE  DEEMED REFERENCES TO A COMMITTEE TO
   35  RECEIVE NOTICES), 6-154, AND SUBDIVISION  ONE  AND  THE  PROVISION  WITH
   36  RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT
   37  SUCH  CANDIDATES  MAY  DECLINE SUCH DESIGNATIONS NOT LATER THAN FEBRUARY
   38  SIXTEENTH, TWO THOUSAND SIXTEEN) OF THIS CHAPTER.  THE  STATE  BOARD  OF
   39  ELECTIONS  SHALL  FORTHWITH  NOTIFY  THE  APPROPRIATE  COUNTY  BOARDS OF
   40  ELECTIONS OF ANY SUCH DECLINATION FILED.
   41    3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE
   42  OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE
   43  STATE IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE  THOU-
   44  SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   45    4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN
   46  WHICH  THE  OFFICE  OF THE PRESIDENT OF THE UNITED STATES APPEARS ON THE
   47  BALLOT, IN ADDITION TO THE SPACES ON THE BALLOT WITH THE  NAMES  OF  THE
   48  CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD
   49  "UNCOMMITTED".    THE  "UNCOMMITTED" SPACE SHALL BE LISTED ON THE BALLOT
   50  PROVIDED THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE  WHICH
   51  MEETS  THE  SAME  REQUIREMENTS AS A PETITION DESIGNATING A CANDIDATE FOR
   52  THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER
   53  AS IS REQUIRED FOR SUCH A PETITION.
   54    5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE
   55  LISTED ON THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE  OF  PRESIDENT
       S. 5962                             3
    1  OF  THE  UNITED  STATES  HELD PURSUANT TO THE PROVISIONS OF THIS SECTION
    2  SHALL BE SUBSTANTIALLY AS FOLLOWS:
    3    I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF
    4  THE .................... PARTY  AND ENTITLED TO VOTE AT THE NEXT PRIMARY
    5  ELECTION   OF   SUCH   PARTY   TO   BE   HELD   ON   THE ...... DAY   OF
    6  ............... 20...,  THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO-
    7  SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN  "UNCOMMITTED"
    8  SPACE  BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR
    9  THE OFFICE OF PRESIDENT OF THE UNITED STATES.
   10    B. THE APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE  IN  THE
   11  FORM PRESCRIBED FOR A PETITION FOR AN OPPORTUNITY TO BALLOT.  THE SIGNA-
   12  TURES  ON  THE PETITION WITH ALL THE REQUIRED INFORMATION AND THE SIGNED
   13  STATEMENT OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO  TAKE
   14  OATHS  SHALL  BE  IN  THE FORM PRESCRIBED FOR A DESIGNATING PETITION FOR
   15  SUCH OFFICE.
   16    6. A. IF THE RULES OF A  STATE  COMMITTEE,  ADOPTED  PURSUANT  TO  THE
   17  PROVISIONS  OF  THIS SECTION, PROVIDE THAT THE POSITIONS OF DELEGATE AND
   18  ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG-
   19  NATION OF CANDIDATES FOR SUCH POSITIONS SHALL BE MADE  PURSUANT  TO  THE
   20  PROVISIONS  OF  SECTIONS  6-100, 6-118, 6-122, 6-130, 6-132 (EXCEPT THAT
   21  REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE  DEEMED  REFERENCES
   22  TO  A  COMMITTEE  TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH
   23  RESPECT TO DECLINATIONS IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  6-146
   24  (EXCEPT  THAT    REFERENCES  TO  A  COMMITTEE TO FILL VACANCIES SHALL BE
   25  DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154,  AND
   26  SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI-
   27  VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER.
   28    B.  CANDIDATES  FOR  THE  POSITIONS OF DISTRICT DELEGATE AND ALTERNATE
   29  DISTRICT DELEGATE  TO  A  NATIONAL  PARTY  CONVENTION  PURSUANT  TO  THE
   30  PROVISIONS  OF  THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH PARTY AND
   31  RESIDENTS OF THE DISTRICT IN WHICH THEY ARE CANDIDATES.    THE  CONGRES-
   32  SIONAL  DISTRICTS  USED FOR THE ELECTION OF SUCH DELEGATES AND ALTERNATE
   33  DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND  FOUR-
   34  TEEN CONGRESSIONAL ELECTIONS.
   35    C.  DESIGNATING  PETITIONS  FOR  CANDIDATES FOR SUCH POSITIONS MUST BE
   36  SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN
   37  THE DISTRICT IN WHICH SUCH CANDIDATES ARE DESIGNATED,  OR  BY  AT  LEAST
   38  ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY
   39  IN SUCH DISTRICT, WHICHEVER IS LESS. SUCH PETITION SIGNATURE REQUIREMENT
   40  SHALL  BE  COMPUTED USING THE OFFICIAL APRIL FIRST, TWO THOUSAND FIFTEEN
   41  ENROLLMENTS PUBLISHED BY THE STATE BOARD OF ELECTIONS.
   42    D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL
   43  HAVE PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO,  A
   44  LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  SUCH  CANDIDATES ARE
   45  PLEDGED TO SUPPORT, OR A LEGEND THAT SUCH  CANDIDATES  ARE  UNCOMMITTED.
   46  SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION.
   47    E.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
   48  CANDIDATE FOR EITHER SUCH POSITION SHALL BE VALID  UNDER  THIS  SECTION,
   49  FOR  PURPOSES  OF  DELEGATES  AND  ALTERNATE  DELEGATES, UNLESS ALL SUCH
   50  CANDIDATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION  THE  LEGEND
   51  THAT  THEY  ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR UNLESS ALL
   52  SUCH CANDIDATES FOR SUCH POSITIONS HAVE PRINTED  ON  SUCH  PETITION  THE
   53  LEGEND THAT THEY ARE UNCOMMITTED.
   54    F.  NO  DESIGNATING  PETITION  CONTAINING  THE  NAMES OF MORE THAN ONE
   55  CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY  VALID  UNLESS
   56  THE  CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE
       S. 5962                             4
    1  AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH  A  VARI-
    2  ANCE NO GREATER THAN ONE.
    3    G.  IN  THE  EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES
    4  FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE
    5  OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE,  OR  THE
    6  WORD  UNCOMMITTED,  WILL  NOT  APPEAR  ON THE BALLOT AT THE PRESIDENTIAL
    7  PRIMARY ELECTION IN TWO THOUSAND SIXTEEN, THEN THE PETITION  DESIGNATING
    8  SUCH  CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES
    9  OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT.
   10    H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED
   11  PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT  LATER  THAN  FOUR
   12  DAYS  AFTER  THE  LAST  DAY  TO FILE SUCH PETITIONS, FILE WITH THE STATE
   13  BOARD OF ELECTIONS BY EXPRESS MAIL  OR  BY  ELECTRONIC  TRANSMISSION,  A
   14  COMPLETE  LIST  OF  ALL  CANDIDATES  FOR DELEGATE AND ALTERNATE DELEGATE
   15  TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE
   16  CANDIDATES AND THE NAME OF THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE
   17  PLEDGED  TO  SUPPORT  OR  THAT  THEY  ARE  UNCOMMITTED.  SUCH  BOARDS OF
   18  ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF  DECLINA-
   19  TION  OR  SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE
   20  SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD  OF
   21  ELECTIONS BY ELECTRONIC TRANSMISSION.
   22    7.  A.  THE  RULES  OF  A  STATE  COMMITTEE  ADOPTED  PURSUANT  TO THE
   23  PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR  THE  POSI-
   24  TIONS  OF  DELEGATE  AND  ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS
   25  PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS  UNCOMMIT-
   26  TED,  UNLESS  THE  NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A
   27  CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO
   28  HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY
   29  OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO,
   30  IF THEIR STATEMENTS OF CANDIDACY CONTAINED A  PLEDGE  OF  SUPPORT  OF  A
   31  PRESIDENTIAL  CANDIDATE,  WERE  NOT REJECTED BY SUCH PRESIDENTIAL CANDI-
   32  DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH  SUCH
   33  CANDIDATE  FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH
   34  SUCH CANDIDATE MAY APPEAR ON THE BALLOT.
   35    B. SUCH CERTIFICATE SHALL BE FILED BY  THE  SECRETARY  OF  SUCH  STATE
   36  COMMITTEE,  WITH  THE  BOARD  OF  ELECTIONS  WITH  WHICH THE DESIGNATING
   37  PETITIONS FOR SUCH CANDIDATES FOR SUCH  POSITIONS  ARE  REQUIRED  TO  BE
   38  FILED, NOT LATER THAN FEBRUARY TWENTY-THIRD, TWO THOUSAND SIXTEEN.
   39    C.  IN  THE  EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH
   40  POSITIONS, LISTED  AS  PLEDGED  TO  SUPPORT  A  PRESIDENTIAL  CANDIDATE,
   41  CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY
   42  SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU-
   43  ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES
   44  SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH
   45  PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR
   46  ON  THE  BALLOT  SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI-
   47  DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID.
   48    D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF  THE  CERTIFICATE
   49  REQUIRED  BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE
   50  COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE  PROVISIONS
   51  OF  THIS SECTION NOT LATER THAN MARCH THIRD, TWO THOUSAND SIXTEEN. EVERY
   52  OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS  FOR  DELEGATE
   53  AND  ALTERNATE  DELEGATE  WERE  FILED PURSUANT TO THE PROVISIONS OF THIS
   54  SECTION SHALL, NOT LATER THAN MARCH FOURTH, TWO THOUSAND SIXTEEN, SEND A
   55  LIST OF THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO WILL  APPEAR  ON
   56  THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.
       S. 5962                             5
    1    8.  A.  IF  THE  RULES  OF  A  STATE COMMITTEE ADOPTED PURSUANT TO THE
    2  PROVISIONS OF THIS SECTION PROVIDE FOR AN ELECTION IN  WHICH  CANDIDATES
    3  FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT-
    4  TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE
    5  TO  A  NATIONAL  CONVENTION  APPEAR  ON THE BALLOT, SUCH BALLOT SHALL BE
    6  ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION.
    7    B. THE NAME OF EACH CANDIDATE FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
    8  UNITED  STATES  WHO  HAS  QUALIFIED TO APPEAR ON THE BALLOT AND THE WORD
    9  "UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE
   10  BALLOT WAS FILED WITH THE STATE BOARD OF ELECTIONS, SHALL  APPEAR  IN  A
   11  SEPARATE  ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE TO
   12  A NATIONAL CONVENTION  WHO  FILED  DESIGNATING  PETITIONS  CONTAINING  A
   13  LEGEND  NAMING  THE  PRESIDENTIAL  CANDIDATE  WHOM  THEY  ARE PLEDGED TO
   14  SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW
   15  OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL
   16  CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI-
   17  DATES  FOR  ALTERNATE  DELEGATE  TO  SUCH  CONVENTION  WHO  FILED   SUCH
   18  PETITIONS.  IF  THE  NUMBER  OF  CANDIDATES, OR GROUPS OF CANDIDATES FOR
   19  DELEGATE AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A  PARTICULAR
   20  PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER
   21  WHO  MAY  BE  LISTED  IN ONE ROW OR COLUMN AND IF THERE ARE MORE ROWS OR
   22  COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR
   23  PRESIDENT WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD  OF
   24  ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES
   25  OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE.
   26    C.  THE  ORDER  OF THE NAMES OF CANDIDATES FOR THE OFFICE OF PRESIDENT
   27  AND THE WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE  NAMES  OF
   28  CANDIDATES  FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN A
   29  PARTICULAR ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE  PROVISIONS
   30  OF  SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT NAMES
   31  OF CANDIDATES FOR  SUCH  POSITIONS  WHO  ARE  DESIGNATED  BY  INDIVIDUAL
   32  PETITIONS  AND  NOT  IN A GROUP SHALL HAVE THEIR POSITIONS DETERMINED BY
   33  LOT IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES  OR
   34  GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY
   35  THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH
   36  DETERMINATION  BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH SECTION
   37  7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT
   38  TO THE PROVISIONS OF THIS SECTION.
   39    D. IMMEDIATELY FOLLOWING THE NAME OF EACH CANDIDATE FOR  DELEGATE  AND
   40  ALTERNATE  DELEGATE  ON  THE  BALLOT  SHALL  APPEAR, IN PARENTHESIS, THE
   41  LETTER (M) IF SUCH CANDIDATE IS MALE AND THE LETTER (F) IF  SUCH  CANDI-
   42  DATE IS FEMALE.
   43    9.  ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF THIS
   44  SECTION SHALL USE ONLY VOTING SYSTEMS AUTHORIZED BY TITLE TWO OF ARTICLE
   45  SEVEN OF THIS CHAPTER.
   46    10. PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS  CHAP-
   47  TER  SHALL  BE  ENTITLED TO SIGN DESIGNATING PETITIONS FOR, AND VOTE IN,
   48  ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION.
   49    11. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A  PRIMARY  ELECTION
   50  IN  WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE POSITIONS
   51  OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL  CONVENTION  APPEAR  ON
   52  THE  BALLOT  PURSUANT TO THE PROVISIONS OF THIS SECTION, THE STATE BOARD
   53  OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL
   54  CANVASS THE RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE  AND  POSI-
   55  TIONS  PURSUANT  TO  THE  PROVISIONS OF SECTIONS 9-200 AND 9-202 OF THIS
   56  CHAPTER, AND SHALL CERTIFY TO THE SECRETARY OF THE  STATE  COMMITTEE  OF
       S. 5962                             6
    1  SUCH  PARTY  THE VOTES CAST FOR EACH CANDIDATE FOR SUCH OFFICE AND POSI-
    2  TIONS IN SUCH PRIMARY ELECTION AND THE VOTES CAST FOR THE  "UNCOMMITTED"
    3  PREFERENCE,  TALLIED  SEPARATELY BY CONGRESSIONAL DISTRICTS, EXCEPT THAT
    4  NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED
    5  OR ELECTED TO ANY SUCH OFFICE OR POSITION.
    6    12.  EXCEPT  AS  PROVIDED  IN  THIS  SECTION AND PARTY RULES AND REGU-
    7  LATIONS, ALL PROVISIONS OF THE ELECTION LAW, EXCEPT  ANY  PROVISIONS  OF
    8  SECTION  2-122  OF THIS ARTICLE WHICH ARE INCONSISTENT WITH THIS SECTION
    9  AND THOSE SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS  CHAPTER  NOT
   10  SPECIFIED  IN  THIS SECTION, SHALL APPLY TO ELECTIONS CONDUCTED PURSUANT
   11  TO THIS SECTION.
   12    S 4. The election law is amended by adding a new  section  2-122-b  to
   13  read as follows:
   14    S  2-122-B.  PRESIDENTIAL  PRIMARY. 1. APPLICABILITY. THE SELECTION OF
   15  DELEGATES AND ALTERNATE DELEGATES FROM NEW YORK STATE  TO  THE  NATIONAL
   16  CONVENTION  OF  THE  REPUBLICAN  PARTY IN EACH YEAR IN WHICH ELECTORS OF
   17  PRESIDENT AND VICE-PRESIDENT OF THE UNITED  STATES  ARE  TO  BE  ELECTED
   18  SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE
   19  COMMITTEE  OF  ANY OTHER POLITICAL PARTY MAY, BY RULE OR RESOLUTION, OPT
   20  TO CONDUCT THE SELECTION OF DELEGATES AND  ALTERNATE  DELEGATES  IN  ANY
   21  SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED
   22  COPY  OF  SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE BOARD OF
   23  ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION.
   24    2. GENERAL PROVISIONS. THE AWARDING OF DELEGATES AND ALTERNATE  DELEG-
   25  ATES  TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY PURSU-
   26  ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE
   27  PRIMARY ELECTION FOR CANDIDATES FOR  THE  OFFICE  OF  PRESIDENT  OF  THE
   28  UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON
   29  THE  BALLOT  AND  THE  NAMES OF DELEGATES AND ALTERNATE DELEGATES DO NOT
   30  APPEAR ON SUCH BALLOT.   THE TOTAL NUMBER  OF  DELEGATES  AND  ALTERNATE
   31  DELEGATES  SHALL  BE DETERMINED BY THE CALL FOR THE NATIONAL CONVENTION.
   32  THREE DELEGATES AND THREE ALTERNATE  DELEGATES  SHALL  BE  AWARDED  FROM
   33  EVERY  CONGRESSIONAL  DISTRICT  IN  THE  STATE,  UNLESS THE RULES OF THE
   34  NATIONAL REPUBLICAN PARTY AND/OR THE CALL FOR  THE  NATIONAL  CONVENTION
   35  PROVIDE DIFFERENTLY.  THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEG-
   36  ATES  AS  ESTABLISHED  BY THE CALL FOR THE NATIONAL CONVENTION MINUS THE
   37  NUMBER OF DELEGATES AND ALTERNATE  DELEGATES  TO  BE  AWARDED  FROM  THE
   38  CONGRESSIONAL  DISTRICTS  SHALL  BE  DESIGNATED  AT-LARGE  DELEGATES AND
   39  AT-LARGE ALTERNATE DELEGATES.
   40    A POLITICAL PARTY SHALL CERTIFY TO THE STATE BOARD  OF  ELECTIONS,  AT
   41  LEAST  TWELVE  WEEKS  PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THE
   42  NUMBER OF DELEGATES TO WHICH SUCH PARTY  IS  ENTITLED  PURSUANT  TO  ITS
   43  RULES.
   44    CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES SHALL BE
   45  AWARDED  BASED  UPON  THE  RESULTS  OF  SEPARATE  AND  DISTINCT  PRIMARY
   46  ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRES-
   47  SIONAL  DISTRICT  DELEGATES  AND ALTERNATE DELEGATES SHALL BE AWARDED TO
   48  PRESIDENTIAL CANDIDATES PURSUANT TO PARAGRAPH B OF SUBDIVISION  FOUR  OF
   49  THIS  SECTION AND ELECTED PURSUANT TO PARAGRAPH C OF SUBDIVISION FOUR OF
   50  THIS SECTION.  AT-LARGE  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
   51  ELECTED  BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL CANDIDATES
   52  PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   53    3. BALLOT ACCESS METHODS. CANDIDATES SHALL BE ELIGIBLE  TO  APPEAR  ON
   54  THE  BALLOT IN A PRIMARY ELECTION OF A POLITICAL PARTY FOR THE OFFICE OF
   55  PRESIDENT OF  THE  UNITED  STATES  PURSUANT  TO  ANY  OF  THE  FOLLOWING
   56  PROVISIONS:
       S. 5962                             7
    1    A.  ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE PRESI-
    2  DENTIAL PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF  11
    3  CODE  OF  FEDERAL  REGULATIONS PART 9033, OR ANY CANDIDATE WHO MEETS THE
    4  ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11
    5  CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH
    6  CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST,
    7  BY  CERTIFICATE  FILED  AND  RECEIVED BY THE STATE BOARD OF ELECTIONS NO
    8  SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE
    9  OF THE PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE  APPEAR  ON
   10  THE  BALLOT  AT  THE  PRIMARY OF SUCH PARTY IN THE STATE OF NEW YORK FOR
   11  THAT YEAR.
   12    B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE
   13  STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER  THAN
   14  NINE  WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME
   15  OF SUCH CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH  PARTY  IN
   16  THE  STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES.
   17  SUCH CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT OF  SUCH  PARTY
   18  IN  THE  STATE  OF NEW YORK AT THE PRIMARY ELECTION FOR THAT YEAR IF THE
   19  STATE BOARD OF ELECTIONS DETERMINES THAT  THE  PERSON  IS  A  NATIONALLY
   20  KNOWN  AND RECOGNIZED CANDIDATE AND THE CANDIDACY OF SUCH PERSON FOR THE
   21  PARTY NOMINATION FOR PRESIDENT IS GENERALLY AND SERIOUSLY  ADVOCATED  OR
   22  RECOGNIZED  ACCORDING  TO  REPORTS  IN THE NATIONAL OR STATE NEWS MEDIA.
   23  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW  TO  THE  CONTRARY,  A
   24  REQUEST BY A CANDIDATE TO APPEAR ON THE PRESIDENTIAL PRIMARY BALLOT OF A
   25  MAJOR  POLITICAL PARTY SHALL BE DETERMINED SOLELY UPON A JOINT RECOMMEN-
   26  DATION BY THE COMMISSIONERS OF THE STATE BOARD  OF  ELECTIONS  WHO  HAVE
   27  BEEN  APPOINTED  ON  THE  RECOMMENDATION  OF SUCH POLITICAL PARTY OR THE
   28  LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY, AND NO  OTHER  COMMISSIONER
   29  OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION.
   30  THE  STATE  BOARD  OF ELECTIONS SHALL ACT UPON ANY SUCH REQUEST NO LATER
   31  THAN FIFTY-FIVE DAYS BEFORE THE PRESIDENTIAL PRIMARY.
   32    C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO
   33  THE PROVISIONS OF ARTICLE SIX OF  THIS  CHAPTER.  DESIGNATING  PETITIONS
   34  SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV-
   35  ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE.
   36    D.    PRESIDENTIAL  CANDIDATES  DETERMINED  ELIGIBLE  TO APPEAR ON THE
   37  PRIMARY BALLOT MAY HAVE THEIR NAME REMOVED FROM SUCH PRIMARY  BALLOT  BY
   38  FILING  A  CERTIFICATE WITH THE STATE BOARD OF ELECTIONS AND RECEIVED NO
   39  LATER THAN TWENTY-EIGHT DAYS BEFORE SUCH PRIMARY  ELECTION.  AFTER  SUCH
   40  DATE  BUT  BEFORE  THE  DATE OF THE PRIMARY, PRESIDENTIAL CANDIDATES MAY
   41  FILE A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS  DEEMING  ANY  VOTE
   42  FOR SUCH PRESIDENTIAL CANDIDATE TO BE A VOID VOTE.
   43    4.  ELECTION  OF  DELEGATES AND ALTERNATE DELEGATES FROM CONGRESSIONAL
   44  DISTRICTS. A. EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A  SEPARATE  AND
   45  DISTINCT  PRIMARY  ELECTION.  ENROLLED REPUBLICAN VOTERS FROM A CONGRES-
   46  SIONAL DISTRICT SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO  HAS  QUALI-
   47  FIED  FOR  THE  PRIMARY  BALLOT  PURSUANT  TO  SUBDIVISION THREE OF THIS
   48  SECTION.
   49    B. ALL THREE DELEGATES  AND  ALL  THREE  ALTERNATE  DELEGATES  FROM  A
   50  CONGRESSIONAL  DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO
   51  RECEIVES A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL  CANDIDATES
   52  IN  SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES A
   53  MAJORITY OF THE VOTES IN  A  CONGRESSIONAL  DISTRICT,  THE  PRESIDENTIAL
   54  CANDIDATE  RECEIVING  THE MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL
   55  BE AWARDED TWO DELEGATES AND TWO ALTERNATE DELEGATES AND  THE  PRESIDEN-
   56  TIAL  CANDIDATE  WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL
       S. 5962                             8
    1  DISTRICT SHALL BE AWARDED  ONE  DELEGATE  AND  ONE  ALTERNATE  DELEGATE,
    2  PROVIDED  HOWEVER,  THAT  A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST
    3  TWENTY PERCENT OF THE TOTAL VOTES CAST FOR  PRESIDENTIAL  CANDIDATES  IN
    4  THE  CONGRESSIONAL  DISTRICT  IN  ORDER  TO BE AWARDED ANY DELEGATES AND
    5  ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI-
    6  DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE  OF  THE  TOTAL  VOTES
    7  CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES-
    8  IDENTIAL  CANDIDATE  SHALL  BE AWARDED ALL THREE DELEGATES AND ALL THREE
    9  ALTERNATE DELEGATES.   IF  NO  PRESIDENTIAL  CANDIDATE  RECEIVES  TWENTY
   10  PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A
   11  CONGRESSIONAL  DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE
   12  POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED  PURSUANT
   13  TO THE RULES OF THE NATIONAL REPUBLICAN PARTY.
   14    C.  ALL CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL
   15  BE ELECTED BY THE MEMBERS OF THE NEW  YORK  REPUBLICAN  STATE  COMMITTEE
   16  REPRESENTING  EACH  SUCH CONGRESSIONAL DISTRICT AND AWARDED TO PRESIDEN-
   17  TIAL CANDIDATES  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION.  THE
   18  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE  DELEGATES  SHALL  BE
   19  ELECTED BY THE MEMBERS  OF  THE  NEW  YORK  REPUBLICAN  STATE  COMMITTEE
   20  REPRESENTING  EACH SUCH CONGRESSIONAL DISTRICT AT MEETINGS CALLED BY THE
   21  STATE CHAIRMAN AND SCHEDULED IN COMPLIANCE WITH RULE 20 OF THE RULES  OF
   22  THE  REPUBLICAN  PARTY  (NATIONAL)  BUT,  IF  PRACTICABLE, FOLLOWING THE
   23  CERTIFICATION OF THE RESULTS OF THE PRESIDENTIAL PRIMARY BY THE NEW YORK
   24  STATE BOARD OF ELECTIONS. THE NOTICES OF CALL ISSUED BY THE STATE CHAIR-
   25  MAN SHALL DESIGNATE NEW YORK REPUBLICAN STATE COMMITTEE MEMBERS TO SERVE
   26  AS CHAIRS AND SECRETARIES OF THE  CONGRESSIONAL  DISTRICT  MEETINGS.  AT
   27  THESE  CONGRESSIONAL  DISTRICT  MEETINGS,  THE  MEMBERS  OF THE NEW YORK
   28  REPUBLICAN STATE COMMITTEE SHALL EACH CAST VOTES EQUAL TO THE REPUBLICAN
   29  ENROLLMENT FOR THEIR UNIT OF REPRESENTATION THAT IS WITHIN THE  CONGRES-
   30  SIONAL  DISTRICT.  VOTING BY PROXY AT THE CONGRESSIONAL DISTRICT MEETING
   31  SHALL BE VALID. THE CHAIR AND SECRETARY OF EACH  CONGRESSIONAL  DISTRICT
   32  MEETING  SHALL  FILE  A  CERTIFICATE  WITH  THE  NEW YORK STATE BOARD OF
   33  ELECTIONS STATING THE NAMES AND ADDRESSES OF THE INDIVIDUALS ELECTED  AS
   34  CONGRESSIONAL  DISTRICT  DELEGATES  AND  ALTERNATE DELEGATES WITHIN FIVE
   35  DAYS OF THE MEETING.
   36    5. ELECTION OF AT LARGE DELEGATES AND AT  LARGE  ALTERNATE  DELEGATES.
   37  AT-LARGE  DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED BY
   38  THE NEW YORK REPUBLICAN STATE  COMMITTEE  AND  AWARDED  TO  PRESIDENTIAL
   39  CANDIDATES  BASED  UPON  THE  STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL
   40  PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE  ALTERNATE  DELEG-
   41  ATES SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI-
   42  TY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES.  IF NO
   43  PRESIDENTIAL  CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL VOTES
   44  CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND AT-LARGE ALTER-
   45  NATE DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED  ON  THE
   46  RATIO  OF  THE TOTAL STATEWIDE VOTE RECEIVED BY EACH PRESIDENTIAL CANDI-
   47  DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI-
   48  DATES RECEIVING AT LEAST TWENTY PERCENT OF THE  STATEWIDE  VOTE  IN  THE
   49  PRESIDENTIAL  PRIMARY  ELECTION, THE NEW YORK REPUBLICAN STATE COMMITTEE
   50  SHALL APPORTION PRO-RATA THE NUMBER OF AT-LARGE DELEGATES  AND  AT-LARGE
   51  ALTERNATE  DELEGATES  THAT  EACH  PRESIDENTIAL  CANDIDATE IS ENTITLED TO
   52  RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED  HOWEVER,  THAT  A
   53  PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL
   54  STATEWIDE  VOTE  OF  THE  PRESIDENTIAL  PRIMARY  ELECTION IN ORDER TO BE
   55  AWARDED ANY AT-LARGE DELEGATES BY THE NEW YORK REPUBLICAN STATE  COMMIT-
   56  TEE.  IN THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES ONE OR
       S. 5962                             9
    1  MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL  DISTRIBUTION,  THEN
    2  ANY  SUCH  DELEGATE  OR  DELEGATES, SHALL BE AWARDED TO THE PRESIDENTIAL
    3  CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES.
    4  IN  THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES BY
    5  PROCESS OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE  AUTHOR-
    6  IZED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY AND THE CALL
    7  FOR  THE  NATIONAL  CONVENTION, THEN THE NUMBER OF DELEGATES AWARDED FOR
    8  THE CANDIDATE RECEIVING THE LEAST STATEWIDE VOTES AMONG THOSE  PRESIDEN-
    9  TIAL  CANDIDATES  OTHERWISE  ENTITLED  TO BE AWARDED DELEGATES, SHALL BE
   10  DECREASED TO THE EXTENT NECESSARY TO CONFORM TO THE NUMBER OF AUTHORIZED
   11  DELEGATE POSITIONS.
   12    6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS
   13  SECTION SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT  TO
   14  THIS SECTION.
   15    S  5.  Section  6-158  of  the election law is amended by adding a new
   16  subdivision 1-a to read as follows:
   17    1-A. A DESIGNATING PETITION FOR A PRESIDENTIAL PRIMARY ELECTION  SHALL
   18  BE  FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER THAN
   19  THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION.
   20    S 6. Subdivision 6 of section 6-158 of the election law, as amended by
   21  chapter 79 of the laws of 1992, is amended to read as follows:
   22    6. A certificate of a party nomination made other than at the  primary
   23  election  for  an  office to be filled at the time of a general election
   24  shall be filed  not  later  than  seven  days  after  the  fall  primary
   25  election,  except  that  a certificate of nomination for an office which
   26  becomes vacant after the seventh day  preceding  such  primary  election
   27  shall  be  filed not later than fourteen days after the creation of such
   28  vacancy and except, further, that a certificate of party  nomination  of
   29  candidates  for  elector  of  president and vice-president of the United
   30  States shall be filed not later  than  [fourteen  days  after  the  fall
   31  primary  election]  SIXTY  DAYS  BEFORE THE TWO THOUSAND SIXTEEN GENERAL
   32  ELECTION, and except still further that a  certificate  of  party  nomi-
   33  nation  made  at a judicial district convention shall be filed not later
   34  than the day after the last day to hold such convention and the  minutes
   35  of  such convention, duly certified by the chairman and secretary, shall
   36  be filed within seventy-two hours after adjournment of the convention. A
   37  certificate of party nomination for an office to be filled at a  special
   38  election  shall  be filed not later than ten days following the issuance
   39  of a proclamation of such election.
   40    S 7. Section 4-110 of the election law, as amended by chapter  434  of
   41  the laws of 1984, is amended to read as follows:
   42    S  4-110. Certification of primary election candidates; state board of
   43  elections.  The state board of elections not later than thirty-six  days
   44  before  a  primary  election  OR  FIFTY-FOUR  DAYS BEFORE A PRESIDENTIAL
   45  PRIMARY ELECTION, shall certify to each county board of  elections:  The
   46  name  and  residence  of each candidate to be voted for within the poli-
   47  tical subdivision of such board for whom a designation  has  been  filed
   48  with  the state board; the title of the office or position for which the
   49  candidate is designated; the name of the party upon whose primary ballot
   50  his name is to be placed; and the order in which the names of the candi-
   51  dates are to be printed as determined by the  state  board.    Where  an
   52  office  or  position is uncontested, such certification shall state such
   53  fact.
   54    S 8. Section 4-114 of the election law, as amended by chapter 4 of the
   55  laws of 2011, is amended to read as follows:
       S. 5962                            10
    1    S 4-114. Determination of candidates and questions;  county  board  of
    2  elections.  The  county  board  of elections, not later than the thirty-
    3  fifth day before the day of  a  primary  or  general  election,  or  the
    4  fifty-third  day  before  a  special  election  OR  PRESIDENTIAL PRIMARY
    5  ELECTION,  shall  determine  the  candidates  duly  nominated for public
    6  office and the questions that shall appear  on  the  ballot  within  the
    7  jurisdiction of that board of elections.
    8    S  9. Paragraph (a) of subdivision 1 of section 10-108 of the election
    9  law, as amended by chapter 4 of the laws of 2011, is amended to read  as
   10  follows:
   11    (a)  Ballots for military voters shall be mailed or otherwise distrib-
   12  uted by the board of elections, in accordance with the preferred  method
   13  of  transmission  designated  by the voter pursuant to section 10-107 of
   14  this article, as soon as practicable but in any  event  not  later  than
   15  thirty-two  days  before a primary or general election; twenty-five days
   16  before a New York city  community  school  board  district  or  city  of
   17  Buffalo  school  district  election;  fourteen  days  before  a  village
   18  election conducted by the board of elections; and forty-five days before
   19  a special election OR PRESIDENTIAL PRIMARY ELECTION. A voter who submits
   20  a military ballot application shall be entitled  to  a  military  ballot
   21  thereafter  for  each subsequent election through and including the next
   22  two regularly scheduled general elections held in even  numbered  years,
   23  including any run-offs which may occur; provided, however, such applica-
   24  tion  shall  not  be valid for any election held within seven days after
   25  its receipt. Ballots shall also be  mailed  to  any  qualified  military
   26  voter  who  is  already registered and who requests such military ballot
   27  from such board of elections in a letter, which is signed by  the  voter
   28  and  received  by  the board of elections not later than the seventh day
   29  before the election for which the ballot is requested and  which  states
   30  the  address  where the voter is registered and the address to which the
   31  ballot is to be mailed. The board of elections shall enclose  with  such
   32  ballot  a  form  of  application  for  military ballot. In the case of a
   33  primary election, the board shall deliver only the ballot of  the  party
   34  with  which  the  military  voter  is enrolled according to the military
   35  voter's registration records. In the event a primary election is  uncon-
   36  tested  in  the  military  voter's  election district for all offices or
   37  positions except the party position of member of the ward, town, city or
   38  county committee, no ballot shall be delivered to  such  military  voter
   39  for such election; and the military voter shall be advised of the reason
   40  why he or she will not receive a ballot.
   41    S  10. Subdivision 4 of section 11-204 of the election law, as amended
   42  by chapter 4 of the laws of 2011, is amended to read as follows:
   43    4. If the board of elections shall determine that the applicant making
   44  the application provided for in this section is qualified to receive and
   45  vote a special federal ballot, it shall, as soon as practicable after it
   46  shall have so determined, or not later than thirty-two days before  each
   47  general  or  primary  election  and  forty-five days before each special
   48  election OR PRESIDENTIAL PRIMARY ELECTION in  which  such  applicant  is
   49  qualified  to  vote, or three days after receipt of such an application,
   50  whichever is later, mail to him or her at the residence address  outside
   51  the  United  States  shown  in his or her application, a special federal
   52  ballot, an inner affirmation envelope and an outer envelope,  or  other-
   53  wise distribute same to the voter in accordance with the preferred meth-
   54  od of transmission designated by the voter pursuant to section 11-203 of
   55  this  title.  The  board  of  elections  shall  also  mail, or otherwise
   56  distribute in accordance  with  the  preferred  method  of  transmission
       S. 5962                            11
    1  designated  by  the  voter  pursuant  to section 11-203 of this title, a
    2  special federal ballot to every qualified special federal voter  who  is
    3  already  registered  and  who  requests such special federal ballot from
    4  such  board  of  elections in a letter, which is signed by the voter and
    5  received by the board of elections not later than the seventh day before
    6  the election for which the ballot is first requested  and  which  states
    7  the  address  where the voter is registered and the address to which the
    8  ballot is to be mailed.  The board of elections shall enclose with  such
    9  ballot a form of application for a special federal ballot.
   10    S  11.  Section  1-106  of the election law is amended by adding a new
   11  subdivision 1-a to read as follows:
   12    1-A. THE FILING BY MAIL PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
   13  SHALL NOT APPLY TO THE PRESIDENTIAL PRIMARY. FOR SUCH PRIMARY FILINGS OF
   14  CERTIFICATES AND PETITIONS OF DESIGNATION OR NOMINATION, CERTIFICATES OF
   15  ACCEPTANCE  OR DECLINATION OF SUCH DESIGNATIONS AND NOMINATIONS, CERTIF-
   16  ICATES OF AUTHORIZATION FOR SUCH DESIGNATIONS, CERTIFICATES OF DISQUALI-
   17  FICATION, CERTIFICATES OF SUBSTITUTION FOR SUCH  DESIGNATIONS  OR  NOMI-
   18  NATIONS, AND OBJECTIONS AND SPECIFICATIONS OF OBJECTIONS TO CERTIFICATES
   19  AND  PETITIONS REQUIRED TO BE FILED WITH THE STATE BOARD OF ELECTIONS OR
   20  A BOARD OF ELECTIONS OUTSIDE OF THE CITY OF NEW  YORK  SHALL  BE  DEEMED
   21  TIMELY  FILED  BY  MAIL  AND ACCEPTED FOR FILING IF (I) SENT BY MAIL, OR
   22  OVERNIGHT DELIVERY SERVICE AS DEFINED BY PARAGRAPH  SIX  OF  SUBDIVISION
   23  (B)  OF  RULE  TWENTY-ONE  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND
   24  RULES, IN AN ENVELOPE POSTMARKED OR SHOWING  RECEIPT  BY  THE  OVERNIGHT
   25  DELIVERY  SERVICE, PRIOR TO MIDNIGHT OF THE LAST DAY OF FILING, AND (II)
   26  IF RECEIVED NO LATER THAN ONE BUSINESS DAY AFTER THE LAST  DAY  TO  FILE
   27  SUCH CERTIFICATES, PETITIONS, OBJECTIONS OR SPECIFICATIONS.
   28    S  12.  Subdivision 22 of section 1-104 of the election law is amended
   29  to read as follows:
   30    22. The term "residence" shall be deemed to mean that  place  where  a
   31  person  IS  DOMICILED UNDER THE TERMS OF THE NEW YORK STATE TAX LAW, AND
   32  WHERE HE OR SHE maintains a fixed, permanent and principal home [and] to
   33  which he OR SHE, wherever temporarily located, always intends to return.
   34    S 13. Subdivision 6 of section 16-108 of the election law  is  amended
   35  and a new subdivision 3-a is added to read as follows:
   36    3-A.  SUCH  COURT  IN  A PROCEEDING BY ANY VOTER CHALLENGING A VOTER'S
   37  REGISTRATION, OR BY A CANDIDATE CHALLENGING A  VOTER'S  REGISTRATION  IN
   38  THE COURSE OF A PROCEEDING PURSUANT TO THE TERMS OF THIS CHAPTER REVIEW-
   39  ING  THE  CANVASS OR RECANVASS OF VOTES IN ANY ELECTION, SHALL DETERMINE
   40  THE VALIDITY OF THE RESIDENCE CLAIMED BY ANY SUCH CHALLENGED  VOTER  WHO
   41  HAS REGISTERED WITH A LOCAL BOARD OF ELECTIONS.
   42    6.  For  each  primary,  special  and  general election, the presiding
   43  justice of the appellate division of the first [and],  second  [judicial
   44  department shall, and the presiding justice of the appellate division of
   45  the]  third,  and  fourth judicial departments [may] SHALL assign one or
   46  more justices of the supreme court to sit at such offices of  the  board
   47  of  elections  and such other locations as may be designated to hear and
   48  determine all cases arising under this chapter relating  to  eligibility
   49  for voting of such election.
   50    S 14. Separability.  If any sentence, clause, subparagraph, paragraph,
   51  subdivision, section or other part of this act, or the application ther-
   52  eof  to  any party, person or circumstances shall be held or adjudged by
   53  any court of competent jurisdiction to be invalid, such holding or judg-
   54  ment shall not affect, impair or invalidate the remainder or any portion
   55  of the remainder of this act, or the application of such section or part
   56  of a section held or adjudged to be invalid,  to  any  other  person  or
       S. 5962                            12
    1  circumstances,  but  shall be confined in its operation to the sentence,
    2  clause, subparagraph, paragraph, subdivision, section or other  part  of
    3  this  act  directly involved in the controversy in which such holding or
    4  judgment  shall  have been rendered, or to the party, person and circum-
    5  stances therein involved.
    6    S 15. This act shall take effect immediately;  provided,  however,  if
    7  this act shall become law after July 1, 2015, it shall take effect imme-
    8  diately and shall be deemed to have been in full force and effect on and
    9  after  July  1,  2015; provided further that sections six, seven, eight,
   10  nine, ten and eleven of this act shall take effect  December  15,  2015;
   11  and  provided further, this act shall expire December 31, 2016 when upon
   12  such date the provisions of this act shall be deemed repealed.