S2414-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Jan 20, 2011: REFERRED TO ELECTIONS

S2414-2011 Memo

BILL NUMBER:S2414

TITLE OF BILL:

An act
to amend the election law, the municipal home rule law and the
administrative code of the city of New York, in relation to the
determination of a winner of a primary election; and to repeal certain
provisions of the election law and the administrative code of the city
of New York relating thereto

PURPOSE:

The bill eliminates the requirement for run-off voting in certain
primary elections.

SUMMARY OF PROVISIONS:

Section 1: Amends election law section 6-160 by adding a new
subdivision 3, which provides that the individual who receives the
most votes shall be deemed the winner of the primary election.

Section 2: Repeals election law section 6-162, which provides for a
run-off election if no candidate for mayor, comptroller or public
advocate wins forty percent of the vote in the primary.

Sections 3-18: Amend provisions of the election law and the
administrative code of the City of New York to eliminate provisions
for run-off voting in primary elections.

Section 19: Provides for the Act to take effect immediately.

EXISTING LAW:

Pursuant to election law section 6-162, a run-off election between the
top two vote getters is required in New York City whenever no
candidate for mayor, comptroller or public advocate receives over
forty percent of the primary vote. There are some similar provisions
for run-off elections in local elections.

JUSTIFICATION:

Run-off voting has come to be regarded as a waste of time and money,
especially since the turnouts for such run-off elections tend to be
extremely low, as a result of which a small minority of voters may
end up selecting the candidate (and ultimate winner) at a very high
cost. In some
areas, like New York City, which is heavily Democratic, the winner of
that party's primary will also be the winner in the general election.

In the 2009 primary run-off elections for New York City comptroller
and public advocate, less than eight percent of the City's
approximately three million registered Democrats voted at a cost to
the City of $15 million, and millions more were Spent by the four
candidates. Whether in a fiscal crisis of not, such an expenditure
for a process that attracts little Participatory public support and


does not even bolster the legitimacy of the winner, seems to be money
poorly spent that cannot continue to be justified.

LEGISLATIVE HISTORY:

2009-10: Referred to Elections; Passed Senate

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

Cost savings.

EFFECTIVE DATE:

This bill is effective immediately.

S2414-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    2414

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 20, 2011
                                 ___________

  Introduced  by  Sens.  PERKINS, ADAMS, ADDABBO -- read twice and ordered
    printed, and  when  printed  to  be  committed  to  the  Committee  on
    Elections

  AN  ACT  to  amend the election law, the municipal home rule law and the
    administrative code of the city of New York, in relation to the deter-
    mination of a winner of a primary  election;  and  to  repeal  certain
    provisions of the election law and the administrative code of the city
    of New York relating thereto

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 6-160 of the election law is amended  by  adding  a
  new subdivision 3 to read as follows:

    3.  THE  INDIVIDUAL  WHO  RECEIVES THE HIGHEST PERCENTAGE OF THE TOTAL
  VOTES CAST AT THE PRIMARY SHALL BE DEEMED THE WINNER OF THE PRIMARY.
    S 2. Section 6-162 of the election law is REPEALED.
    S 3. Paragraph (b) of subdivision 1 of section 8-100 of  the  election
  law  is  REPEALED and paragraph (c), as relettered by chapter 373 of the
  laws of 1978, is relettered paragraph (b).
    S 4. Paragraph d of subdivision 1 of section 15-104  of  the  election
  law,  as  amended by chapter 684 of the laws of 2006, is amended to read
  as follows:

    d. Except as otherwise provided by law, to be  elected  in  a  village
  election,  a  candidate must receive more votes than any other candidate
  for the office. In the event of a tie at a village election, [a  run-off
  election shall be conducted pursuant to the provisions of section 15-126
  of  this article; provided, however, that if all candidates receiving an
  equal number of votes agree to waive a run-off election,]  the  election
  shall  be  determined  according to the provisions of paragraph [d] B of
  subdivision two of section 15-126 of this article.
    S 5. Subdivision 2 of section 15-126 of the election law,  as  amended
  by chapter 684 of the laws of 2006, is amended to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07177-01-1

 S. 2414                             2

    2.  a. The person or persons eligible and receiving the highest number
  of votes for an office shall be elected thereto.
    b.  In  the event that more eligible persons than the number remaining
  to be elected receive for the same office or offices an equal number  of
  votes,  the  [board  of  trustees shall conduct a run-off election. Such
  run-off election shall be held on the first Tuesday at  least  ten  days
  after  the  final  certification  of  such  tie  result,  subject to the
  provisions of paragraph b of subdivision three of section 15-104 of this
  article, provided, however, that the only persons who  shall  be  deemed
  nominated  shall  be  those  persons  who shall have received such equal
  number of votes. The order of the candidates names on the  ballot  shall
  be determined by a drawing conducted by a village clerk, in the presence
  of  all  those  persons  who  received  such equal number of votes, or a
  representative of such persons.
    c. Such run-off election may be waived and the selection made  by  lot
  as  otherwise  provided  by  this  section if each person who shall have
  received such equal number of votes shall file with the  village  clerk,
  no  later  than  two  days  after  such  final certification of such tie
  result, a written notice of consent that such selection be made by lot.
    d. If a waiver of such run-off  election  shall  occur,  the]  village
  clerk, no later than two days after receiving written notice [of consent
  that such selection be made by lot], shall certify such facts in writing
  to  any supreme court justice within the judicial district in which such
  village is located and shall within three  days  summon  the  candidates
  before  him  or  her  and he or she shall by lot determine which of them
  shall be elected.
    S 6. Section 16-116 of the election law is amended to read as follows:

    S 16-116. Proceedings;  provisions  in  relation  thereto.  A  special
  proceeding under the foregoing provisions of this article shall be heard
  upon  a  verified  petition  and  such  oral  or written proof as may be
  offered, and upon such notice to such officers, persons or committees as
  the court or justice shall direct, and shall  be  summarily  determined.
  The  proceeding  shall  have  preference  over  all  other causes in all
  courts. The petition in any such proceeding instituted by the  state  or
  other  board  of elections shall be verified by the persons specified in
  accordance with rules promulgated by the state board of elections.   [In
  the city of New York, a proceeding relating to a run-off primary brought
  pursuant  to  this  article  shall  have first preference over all other
  proceedings.]
    S 7. Paragraph f of subdivision 1 of section 11 of the municipal  home
  rule  law,  as  amended by chapter 21 of the laws of 1992, is amended to
  read as follows:

    f. Applies to or affects any  provision  of  paragraph  [(c)]  (B)  of
  subdivision  one  of  section  8-100 of the election law, the labor law,
  sections two, three and four of chapter one thousand eleven of the  laws
  of  nineteen  hundred  sixty-eight,  entitled "An act in relation to the
  maximum hours of labor of certain municipal and  fire  district  firemen
  and the holidays of firemen and policemen, repealing certain sections of
  the  labor  law  relating  thereto, and to amend the municipal home rule
  law, in relation thereto," as amended, the volunteer  [firemen's]  FIRE-
  FIGHTERS'  benefit  law, or the [workmen's] WORKERS' compensation law or
  changes any provision of the multiple  residence  law  or  the  multiple
  dwelling  law, except that in a city of one million persons or more, the
  provisions of local law for the enforcement of the housing code which is
  not less restrictive than the multiple dwelling law may  be  applied  in
  the enforcement of the multiple dwelling law.

 S. 2414                             3

    S 8. Subdivision 10 of section 3-702 of the administrative code of the
  city  of  New York, as amended by local law number 12 of the city of New
  York for the year 2003, is amended to read as follows:

    10.  The  term  "covered  election"  shall  mean any primary, [run-off
  primary,] special[, run-off special] or general election for  nomination
  for  election,  or  election,  to  the office of mayor, public advocate,
  comptroller, borough president or member of the city council.
    S 9. Paragraph (f) of subdivision 1 of section 3-703 of  the  adminis-
  trative code of the city of New York, as amended by local law number 105
  of  the  city  of  New  York  for  the  year 2005, is amended to read as
  follows:

    (f) not accept and  his  or  her  principal  committee  or  authorized
  committees must not accept, either directly or by transfer, any contrib-
  ution  or  contributions from any one individual, partnership, political
  committee, labor organization or other entity for all covered  elections
  held  in  the  same  calendar year in which he or she is a participating
  candidate or a non-participating candidate which in the  aggregate:  (i)
  for  the  office  of  mayor, public advocate or comptroller shall exceed
  four thousand five hundred dollars, or (ii) for borough president, shall
  exceed three thousand five hundred dollars, or (iii) for member  of  the
  city  council,  shall exceed two thousand five hundred dollars; provided
  that a participating candidate and his or her principal committee  or  a
  non-participating  candidate  and  his  or her authorized committees may
  accept additional contributions which do not exceed one half the  amount
  of  the  applicable limitation for any [run-off primary election,] addi-
  tional day for voting held pursuant to  section 3-108 of  the  New  York
  state election law, special election to fill a vacancy, [run-off special
  election to fill a vacancy,] delayed or otherwise postponed election, or
  election held pursuant to court order which is a covered election and in
  which  the  candidate  seeks  nomination  for  election or election; and
  provided further that for the purposes of this paragraph,  contributions
  made by different labor organizations shall not be aggregated or treated
  as  contributions from a single contributor for purposes of the contrib-
  ution limit that is set forth in this paragraph if those labor organiza-
  tions make contributions  from  different  accounts,  maintain  separate
  accounts  with different signatories, do not share a majority of members
  of their governing boards, and do not share a majority of  the  officers
  of  their  governing  boards;  and  provided  further  that if state law
  prescribes a contribution limitation of a lesser amount, this  paragraph
  shall  not be deemed to authorize acceptance of a contribution in excess
  of such lesser amount.   The maximum contributions  set  forth  in  this
  paragraph shall be adjusted in accordance with subdivision seven of this
  section;
    S  10.  Subdivision 1-a of section 3-703 of the administrative code of
  the city of New York, as amended by local law number 67 of the  city  of
  New York for the year 2007, is amended to read as follows:

    1-a.  Notwithstanding  any  inconsistent  provision of this section, a
  participating candidate or  his  or  her  principal  committee  may  not
  accept,  either  directly  or  by transfer, any contribution or contrib-
  utions for a covered election in which he  or  she  is  a  participating
  candidate from a natural person who has business dealings with the city,
  as that term is defined in subdivision eighteen of section 3-702 of this
  chapter,  if  the aggregate of such contributions to such candidate from
  such person for all covered elections in the same calendar year exceeds:

  (i) for the office of mayor, public advocate or comptroller four hundred
  dollars; (ii) for borough president three hundred  twenty  dollars;  and

 S. 2414                             4

  (iii) for member of the city council two hundred fifty dollars; provided
  that  a  participating  candidate  or his or her principal committee may
  accept additional contributions which do not exceed one half the  amount
  of  the  applicable limitation for any [run-off primary election,] addi-
  tional day for voting held pursuant to section 3-108  of  the  New  York
  state election law, special election to fill a vacancy, [run-off special
  election to fill a vacancy,] delayed or otherwise postponed election, or
  election held pursuant to court order which is a covered election and in
  which  the  candidate  seeks  nomination  for  election or election. Any
  contribution made pursuant to this section  shall  not  be  a  matchable
  contribution.  For  purposes of this subdivision, "person" shall include
  any chief executive officer, chief financial officer and/or chief  oper-
  ating  officer  of  an entity which has business dealings with the city,
  any person employed in a senior managerial capacity  regarding  such  an
  entity,  or  any person with an interest in such an entity which exceeds
  ten percent of the entity. For purposes of this subdivision, the  phrase
  "senior managerial capacity" shall mean a high level supervisory capaci-
  ty, either by virtue of title or duties, in which substantial discretion
  and  oversight  is  exercised over the solicitation, letting or adminis-
  tration of business transactions with  the  city,  including  contracts,
  franchises,  concessions,  grants,  economic  development agreements and
  applications for land use approvals.  Notwithstanding any  provision  of
  this  subdivision,  the  limitations  on  contributions contained herein
  shall not apply to any contribution made by a  natural  person  who  has
  business  dealings  with the city to a participating candidate or his or
  her principal  committee  where  such  participating  candidate  is  the
  contributor,  or where such participating candidate is the contributor's
  parent, spouse, domestic  partner,  sibling,  child,  grandchild,  aunt,
  uncle, cousin, niece or nephew by blood or by marriage.
    S 11. Subdivision 5 of section 3-705 of the administrative code of the
  city of New York is REPEALED.
    S  12. Paragraph (b) of subdivision 1 of section 3-706 of the adminis-
  trative code of the city of New York, as amended by local law number  34
  of  the  city  of  New  York  for  the  year 2007, is amended to read as
  follows:

    (b) [(i) The expenditure limitation in a run-off primary election held
  pursuant to section 6-162 of the New York state election law or  a  run-
  off special election held to fill a vacancy shall be one half the amount
  of  the  applicable  limitation provided for an election for such office
  pursuant to the provisions of paragraph (a) of this subdivision.
    (ii)] The board shall promulgate  rules  to  provide  for  a  separate
  expenditure  limit applicable to campaign expenditures for an additional
  day for voting held pursuant to section 3-108  of  the  New  York  state
  election  law, an election held pursuant to court order, or a delayed or
  otherwise postponed election.
    S 13. Subdivision 3 of section 3-706 of the administrative code of the
  city of New York, as amended by local law number 58 of the city  of  New
  York for the year 2004, subparagraph (iii) of paragraph (a) and subpara-
  graph  (iii)  of  paragraph (b) as amended by local law number 67 of the
  city of New York for the year 2007, is amended to read as follows:

    3. (a) If any candidate in any covered election chooses not to file  a
  certification  as  a  participating  or  limited participating candidate
  pursuant to this chapter, and  where  the  campaign  finance  board  has
  determined that such candidate and his or her authorized committees have
  spent  or contracted or have obligated to spend, or received in loans or
  contributions, or both, an amount which, in the aggregate, exceeds  half

 S. 2414                             5

  the  applicable  expenditure  limit for such office fixed by subdivision
  one of this section, then:

    (i)  such expenditure limit applicable to participating candidates and
  limited participating candidates in such election for such office  shall
  be increased to one hundred fifty percent of such limit; and
    (ii)  the  principal committees of such participating candidates shall
  receive payment for qualified campaign expenditures of five dollars  for
  each  one  dollar  of  matchable  contributions,  up to one thousand two
  hundred fifty dollars in public funds per  contributor  (or  up  to  six
  hundred  twenty five dollars in public funds per contributor in the case
  of a special  election);  provided,  however,  that  [(A)  participating
  candidates  in  a  run-off  election shall receive public funds for such
  election pursuant to subdivision five of section  3-705  and  shall  not
  receive  any  additional public funds pursuant to this section, and (B)]
  in no case shall a principal committee receive in public funds an amount
  exceeding two-thirds of the expenditure  limitation  provided  for  such
  office in subdivision one of this section.
    (iii) for elections occurring after January first, two thousand eight,
  the  campaign  finance  board shall promulgate rules to provide that the
  principal committees of  such  participating  candidates  shall  receive
  payment  for qualified campaign expenditures that will provide the high-
  est allowable matchable contribution to be matched by an  amount  up  to
  one  thousand  two hundred fifty dollars in public funds per contributor
  (or up to six hundred twenty five dollars in public funds per  contribu-
  tor  in  the  case  of  special  election); provided, however, that [(A)
  participating candidates in a  run-off  election  shall  receive  public
  funds  for  such  election pursuant to subdivision five of section 3-705
  and shall not receive any  additional  public  funds  pursuant  to  this
  section,  and  (B)]  in  no  case shall a principal committee receive in
  public funds an amount exceeding two-thirds of the  expenditure  limita-
  tion provided for such office in subdivision one of this section.
    (b)  If  any  candidate  in any covered election chooses not to file a
  certification as a  participating  or  limited  participating  candidate
  pursuant  to  this  chapter,  and  where  the campaign finance board has
  determined that such candidate and his or her authorized committees have
  spent or contracted or have obligated to spend, or received in loans  or
  contributions, or both, an amount which, in the aggregate, exceeds three
  times the applicable expenditure limit for such office fixed by subdivi-
  sion one of this section, then:

    (i)  such  expenditure  limit  shall  no longer apply to participating
  candidates and limited participating candidates  in  such  election  for
  such office; and
    (ii)  the  principal committees of such participating candidates shall
  receive payment for qualified campaign expenditures of six  dollars  for
  each  one  dollar  of  matchable  contributions, up to one thousand five
  hundred dollars in public funds per contributor (or up to seven  hundred
  fifty  dollars  in public funds per contributor in the case of a special
  election); provided, however, that [(A) participating  candidates  in  a
  run-off  election  shall receive public funds for such election pursuant
  to subdivision five of section 3-705 and shall  not  receive  any  addi-
  tional  public funds pursuant to this section, and (B)] in no case shall
  a principal committee receive in public funds an  amount  exceeding  one
  hundred  twenty-five  percent of the expenditure limitation provided for
  such office in subdivision one of this section.
    (iii) for elections occurring after January first, two thousand eight,
  the campaign finance board shall promulgate rules to  provide  that  the

 S. 2414                             6

  principal  committees  of  such  participating  candidates shall receive
  payment for qualified campaign expenditures that will provide the  high-
  est  allowable  matchable  contribution to be matched by an amount up to
  one thousand five hundred dollars in public funds per contributor (or up
  to  seven  hundred  fifty dollars in public funds per contributor in the
  case of special election); provided, however,  that  [(A)  participating
  candidates  in  a  run-off  election shall receive public funds for such
  election pursuant to subdivision five of section  3-705  and  shall  not
  receive  any  additional public funds pursuant to this section, and (B)]
  in no case shall a principal committee receive in public funds an amount
  exceeding one hundred twenty-five percent of the expenditure  limitation
  provided for such office in subdivision one of this section.
    S 14. Subdivision 6 of section 3-709 of the administrative code of the
  city of New York is REPEALED.
    S  15. Paragraph (b) of subdivision 1 of section 3-709.5 of the admin-
  istrative code of the city of New York is REPEALED  and  paragraphs  (c)
  and (d) are relettered paragraphs (b) and (c).
    S  16.  Subdivision 4 of section 3-709.5 of the administrative code of
  the city of New York, as amended by local law number 58 of the  city  of
  New York for the year 2004, is amended to read as follows:

    4.  Organizations which are not affiliated with any political party or
  with any holder of or  candidate  for  public  office,  which  have  not
  endorsed  any candidate in the pending primary, special, OR general[, or
  run-off] election for the city-wide office shall be eligible to  sponsor
  one  or  more  of  the  required  debates. The rules for conducting such
  debates shall be solely the responsibility of the organizations selected
  but shall not be made  final  without  consultation  with  the  campaign
  finance  board.  The  organizations  selected  shall  be responsible for
  choosing the date, time and location of the debates.
    S 17. Subparagraph (ii) of paragraph (b) of subdivision 5  of  section
  3-709.5  of  the administrative code of the city of New York, as amended
  by local law number 34 of the city of New York for  the  year  2007,  is
  amended to read as follows:

    (ii)  If  a  debate  sponsor  has  determined that a non-participating
  candidate has met all the non-partisan, objective, and non-discriminato-
  ry criteria applicable to participating candidates  or  limited  partic-
  ipating candidates for access to any of the primary, general, or special
  election  debates,  the sponsor may invite that candidate to participate
  in such debate. [In the case of a run-off primary election or a  run-off
  special  election,  the sponsor may invite a non-participating candidate
  to participate in such debate. However, if a non-participating candidate
  does not accept such invitation to debate or does  not  appear  at  such
  debate,  the debate shall go forward as scheduled; provided, however, if
  there is only  one  participating  candidate  or  limited  participating
  candidate  participating  in  any  such  debate,  such  debate  shall be
  canceled.]
    S 18. Subdivision 9 of section 3-709.5 of the administrative  code  of
  the  city  of New York, as amended by local law number 58 of the city of
  New York for the year 2004, is amended to read as follows:

    9. If a candidate fails to participate in any  debate  required  under
  this  section  before  an  election,  the  candidate shall be liable for
  return of any public matching funds previously received pursuant to  the
  certification filed by the candidate in connection with the election for
  which  such  debate  is held, shall be ineligible to receive any further
  matching funds for that election, and may be subject to a civil  penalty
  pursuant to section 3-711. For purposes of this subdivision, each prima-

 S. 2414                             7

  ry,  general,  OR  special  [or  run-off] election shall be considered a
  separate election.
    S 19. This act shall take effect immediately.