A1445B-2011 Actions

• Apr 5, 2012: advanced to third reading cal.425
• Mar 27, 2012: reported
• Jan 4, 2012: referred to election law
• May 25, 2011: starred on calendar
• May 23, 2011: amended on third reading 1445b
• May 23, 2011: star removed
• May 3, 2011: starred on calendar
• Apr 28, 2011: advanced to third reading cal.197
• Apr 13, 2011: reported
• Apr 4, 2011: print number 1445a
• Apr 4, 2011: amend (t) and recommit to election law
• Jan 10, 2011: referred to election law

A1445B-2011 Text

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

                                   1445--B
                                                          Cal. No. 197

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 10, 2011
                                 ___________

  Introduced  by  M.  of  A.  MILLMAN,  REILLY,  P. RIVERA, MAISEL, GALEF,
    CASTRO, THIELE -- Multi-Sponsored by -- M. of A. COOK, LUPARDO, MAGEE,
    ROBINSON -- read once and referred to the Committee on Election Law --
    committee discharged, bill amended, ordered reprinted as  amended  and
    recommitted  to  said  committee  --  again  amended on third reading,
    ordered reprinted, retaining its place on the order of third reading

  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:


    Section  1.  Subdivisions  1, 2 and 3 of section 9-212 of the election
  law, as amended by chapter 635 of the laws of 1990, are amended to  read
  as follows:

    1.  The  canvassing  board  shall determine each person elected by the
  greatest number of votes to each county office, and each person  elected
  by  the greatest number of votes to each city, town or village office of
  a city, town or village of which it is  the  board  of  canvassers.  The
  canvassing  board  shall  also  determine  whether  any  ballot proposal
  submitted only to the voters of the county, or only to the voters  of  a
  city,  town  or  village  of which it is the board of canvassers, as the
  case may be, has  by  the  greater  number  of  votes  been  adopted  or
  rejected.  ALL SUCH DETERMINATIONS SHALL BE IN WRITING AND SIGNED BY THE
  MEMBERS OF THE CANVASSING BOARD OR A MAJORITY  OF  THEM  AND  FILED  AND
  RECORDED IN THE OFFICE OF THE BOARD OF ELECTIONS.
    2.  [All  such  determinations  shall  be in writing and signed by the
  members of the canvassing board or a majority  of  them  and  filed  and
  recorded  in the office of the board of elections. Except in the city of
  New York and in the counties of  Nassau,  Orange  and  Westchester,  the
  board of elections shall cause a copy of such determinations, and of the
  statements  filed  in  its  office  upon  which such determinations were
  based, to be published once in each  of  the  newspapers  designated  to

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04944-04-1

 A. 1445--B                          2

  publish  election  notices and the official canvass.] A STATEMENT OF THE
  DETERMINATIONS, AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION, SHALL BE
  POSTED ON THE INTERNET WEBSITE OF THE BOARD.  SUCH  STATEMENT  SHALL  BE
  REFERRED  TO AS A "STATEMENT OF CANVASS." The statement of canvass to be
  [published] POSTED ON  THE  INTERNET  WEBSITE  OF  THE  BOARD,  however,
  [shall]  NEED  not give the vote by election districts but shall contain
  [only] the total vote for a [person] CANDIDATE, or the  total  vote  for
  and the total vote against a ballot proposal, cast within the county, or
  within  the  portion  thereof,  if  any, in which an office is filled or
  ballot proposal is decided by the voters if  the  canvass  of  the  vote
  thereon  devolves upon the county board of canvassers. Such totals shall
  be expressed in arabic numerals. NOTHING IN THIS  SUBDIVISION  SHALL  BE
  CONSTRUED  TO  LIMIT  THE  ABILITY OF THE BOARD TO POST CANVASS RESULTS,
  INCLUDING BUT NOT LIMITED TO, ELECTION DISTRICT RESULTS, ON ITS INTERNET
  WEBSITE.
    3. The board of elections shall prepare and forthwith transmit to each
  person determined by the canvassing board to have been elected a  certi-
  fied  statement,  naming  the  office to which such canvassing board has
  declared him OR HER elected.
    S 2. Subdivisions 1 and 3 of section 4-122 of  the  election  law,  as
  amended  by  chapter  359  of  the  laws of 1989, are amended to read as
  follows:

    1. The county board of elections shall publish, AND CONSPICUOUSLY POST
  ON ITS WEBSITE, at least six days before an election, a list  containing
  the  name  [and  residence]  of  every candidate for public office to be
  voted for within its jurisdiction at such election.
    3. [The] IN ADDITION TO BEING CONSPICUOUSLY POSTED  ON  THE  BOARD  OF
  ELECTIONS WEBSITE, THE list described in subdivision one of this section
  shall  be  published  at  least once in [not less than two nor more than
  four newspapers] A NEWSPAPER OF GENERAL CIRCULATION in the county.  In a
  county containing a city, [at least one] such publication shall be in  a
  daily  newspaper published in a city therein, if there be such a newspa-
  per. In the case of a village election held at a  time  other  than  the
  time  of  a  general  election, such publication shall be in a newspaper
  having general circulation in such village.   [So far as  is  consistent
  with  this section, one such newspaper shall represent each of the major
  political parties.] Should the board of elections find it impossible  to
  make  such  publication six days before election it shall make it at the
  earliest possible day thereafter before the election.
    S 3. This act shall take effect immediately.