Bill S5753-2011

Provides for the election of delegates to a national party convention or a national party conference

Provides for the election of delegates to a national party convention or a national party conference; relates to electing delegates to a national party convention or conference.

Details

Actions

  • Jul 18, 2011: SIGNED CHAP.147
  • Jul 8, 2011: DELIVERED TO GOVERNOR
  • Jun 17, 2011: returned to senate
  • Jun 17, 2011: passed assembly
  • Jun 17, 2011: ordered to third reading rules cal.425
  • Jun 17, 2011: substituted for a8363
  • Jun 17, 2011: referred to election law
  • Jun 17, 2011: DELIVERED TO ASSEMBLY
  • Jun 17, 2011: PASSED SENATE
  • Jun 17, 2011: ORDERED TO THIRD READING CAL.1360
  • Jun 14, 2011: REFERRED TO RULES

Votes

Memo

BILL NUMBER:S5753

TITLE OF BILL: 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 2012, 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 expiration thereof

PURPOSE: This bill would amend certain provisions of the Election Law to schedule the presidential primary election for April 24, 2012, provide for the political parties' statutory options for the election of delegates and alternate delegates to their respective national party conventions, and ensure the State's compliance with the federal MOVE Act, which requires that ballots be transmitted to overseas and military voters at least 45 days before such election.

SUMMARY OF PROVISIONS: Section 1 of the bill would amend subdivision 1 of section 8-100 of the Election Law to provide for the presidential primary on April 24, 2012.

Section 2 provides that the state committees of each of the political parties shall select either section three or section four of this act to elect presidential delegates for nomination of the parties' respective presidential candidates.

Sections 3 and 4 would amend the Election Law by adding new sections 2-122-a and 2-122-b, respectively, that would provide for two different nomination processes involving the election of delegates and alternate delegates and the rules attendant to such election.

Section 5 would amend section 6-158 of the Election Law to add a new subdivision 1-a to provide that designating petitions filed for a presidential primary election shall be filed between the twelfth Monday and eleventh Thursday before such election.

Section 6 would amend section 4-110 of the Election Law to provide that the state board of elections shall certify the candidates for a presidential primary election at least 54 days before such an election.

Section 7 would amend section 4-114 of the Election Law to provide that county boards of elections shall determine the candidates for a presidential primary election at least 53 days before such election.

Section 8 would amend subdivision 1 of section 10-108 of the Election Law to provide that ballots for military voters shall be transmitted to such voters at least 45 days before a presidential primary election.

Section 9 would amend subdivision 4 of section 11-204 of the Election Law to provide that special federal ballots shall be transmitted to overseas voters at least 45 days before a presidential primary election.

Section 10 is the separability clause.

Section 11 provides for the effective date.

STATEMENT IN SUPPORT: This bill establishes the process by which the Democratic Party and the Republican Party in New York State shall conduct their respective presidential primary elections in 2012. It further amends the law to ensure that New York State complies with the federal MOVE Act by requiring that ballots be transmitted to military and overseas voters at least 45 days before such an election.

BUDGET IMPLICATIONS: This legislation is not expected to have any impact on the budget.

EFFECTIVE DATE: This act shall take effect immediately, and shall expire on December 31, 2012.


Text

STATE OF NEW YORK ________________________________________________________________________ 5753 2011-2012 Regular Sessions IN SENATE June 14, 2011 ___________
Introduced by Sen. O'MARA -- (at request of the Governor) -- 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 2012, 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: Section 1. Paragraph (a) of subdivision 1 of section 8-100 of the election law, as amended by chapter 17 of the laws of 2007, is amended to read as follows: (a) A primary election, to be known as the fall primary, shall be held on the first Tuesday after the second Monday in September before every general election unless otherwise changed by an act of the legislature. MEMBERS OF STATE AND COUNTY COMMITTEES AND ASSEMBLY DISTRICT LEADERS AND ASSOCIATE ASSEMBLY DISTRICT LEADERS AND ALL OTHER PARTY POSITIONS TO BE ELECTED SHALL BE ELECTED AT THE FALL PRIMARY AND ALL NOMINATIONS FOR PUBLIC OFFICE REQUIRED TO BE MADE AT A PRIMARY ELECTION IN SUCH YEAR SHALL BE MADE AT THE FALL PRIMARY. In [each] THE year TWO THOUSAND TWELVE in which electors of president and vice president of the United States are to be elected, an additional primary election, to be known as the [spring] PRESIDENTIAL primary, shall be held on [the first Tuesday in February] APRIL TWENTY-FOURTH, TWO THOUSAND TWELVE, unless otherwise changed by an act of the legislature, for the purpose of electing deleg- ates to the national convention[, members of state and county committees and assembly district leaders and associate assembly district leaders].
S 2. Notwithstanding any inconsistent provisions of the election law, a rule or resolution of a state committee providing for the selection of delegates and alternate delegates to a national party convention or national party conference in the year 2012 shall select either section three or section four of this act in order to conform to the rules of a national committee. A certified copy of such rule or resolution shall be filed with the state board of elections no later than the first day of November, 2011. S 3. The election law is amended by adding a new section 2-122-a to read as follows: S 2-122-A. NATIONAL CONVENTION; NATIONAL PARTY CONFERENCE. 1. THE RULES OF THE STATE COMMITTEE OF A PARTY MAY PROVIDE THAT THE DELEGATES AND ALTERNATE DELEGATES TO A NATIONAL CONVENTION OR NATIONAL PARTY CONFERENCE BE ELECTED BY A COMBINATION OF ALL OF THE FOLLOWING METHODS: A. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON THE BALLOT; B. BY VOTES CAST AT A PRIMARY ELECTION FOR CANDIDATES FOR THE POSI- TIONS OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL CONVENTION IN DISTRICTS NO LARGER THAN CONGRESSIONAL DISTRICTS; AND C. BY THE STATE COMMITTEE OR A COMMITTEE OF THE STATE COMMITTEE AT A MEETING OR CONVENTION CALLED FOR SUCH PURPOSE AS THE RULES OF THE PARTY MAY PROVIDE. 2. IF THE RULES OF A STATE COMMITTEE ADOPTED PURSUANT TO THE PROVISIONS OF THIS SECTION PROVIDE FOR A PRIMARY ELECTION IN WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES APPEARS ON THE BALLOT, DESIG- NATION OF CANDIDATES FOR SUCH OFFICE SHALL BE MADE PURSUANT TO THE PROVISIONS OF SECTIONS 6-100, 6-118, 6-122 (EXCEPT THAT SUCH CANDIDATES NEED NOT BE CITIZENS OF NEW YORK BUT ONLY CITIZENS OF THE UNITED STATES), 6-130, 6-132 (EXCEPT THAT REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH RESPECT TO DECLINATIONS IN SUBDIVI- SIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A COMMIT- TEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-154, AND SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDIVISION TWO OF SECTION 6-158 (EXCEPT THAT SUCH CANDIDATES MAY DECLINE SUCH DESIGNATIONS NOT LATER THAN FEBRUARY THIRTEENTH, TWO THOUSAND TWELVE) OF THIS CHAPTER. THE STATE BOARD OF ELECTIONS SHALL FORTHWITH NOTIFY THE APPROPRIATE COUNTY BOARDS OF ELECTIONS OF ANY SUCH DECLINATION FILED. 3. DESIGNATING PETITIONS, WHERE REQUIRED FOR CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES TO BE VOTED ON BY VOTERS OF THE ENTIRE STATE IN A PRIMARY ELECTION, MUST BE SIGNED BY NOT LESS THAN FIVE THOU- SAND OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE. 4. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN WHICH THE OFFICE OF THE PRESIDENT OF THE UNITED STATES APPEARS ON THE BALLOT, IN ADDITION TO THE SPACES ON THE BALLOT WITH THE NAMES OF THE CANDIDATES DESIGNATED FOR SUCH OFFICE THERE MAY BE A SPACE WITH THE WORD "UNCOMMITTED." THE "UNCOMMITTED" SPACE SHALL BE LISTED ON THE BALLOT PROVIDED THAT A DESIGNATING PETITION FOR SUCH "UNCOMMITTED" SPACE WHICH MEETS THE SAME REQUIREMENTS AS A PETITION DESIGNATING A CANDIDATE FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES IS FILED IN THE SAME MANNER AS IS REQUIRED FOR SUCH A PETITION. 5. A. THE FORM OF A PETITION REQUESTING THAT AN "UNCOMMITTED" SPACE BE LISTED ON THE BALLOT AT A PRIMARY ELECTION FOR THE OFFICE OF PRESIDENT
OF THE UNITED STATES HELD PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE SUBSTANTIALLY AS FOLLOWS: I, THE UNDERSIGNED, DO HEREBY STATE THAT I AM A DULY ENROLLED VOTER OF THE .................... PARTY AND ENTITLED TO VOTE AT THE NEXT PRIMARY ELECTION OF SUCH PARTY TO BE HELD ON THE ...... DAY OF ............... 20..., THAT MY PLACE OF RESIDENCE IS TRULY STATED OPPO- SITE MY SIGNATURE HERETO, AND I DO HEREBY REQUEST THAT AN "UNCOMMITTED" SPACE BE LISTED ON THE BALLOT AT THE PRIMARY ELECTION OF SUCH PARTY FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES. B. THE APPOINTMENT OF A COMMITTEE TO RECEIVE NOTICES SHALL BE IN THE FORM PRESCRIBED FOR A PETITION FOR A OPPORTUNITY TO BALLOT. THE SIGNA- TURES ON THE PETITION WITH ALL THE REQUIRED INFORMATION AND THE SIGNED STATEMENT OF A WITNESS OR AUTHENTICATION BY A PERSON AUTHORIZED TO TAKE OATHS SHALL BE IN THE FORM PRESCRIBED FOR A DESIGNATING PETITION FOR SUCH OFFICE. 6. A. IF THE RULES OF A STATE COMMITTEE, ADOPTED PURSUANT TO THE PROVISIONS OF THIS SECTION, PROVIDE THAT THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, DESIG- NATION OF CANDIDATES FOR SUCH POSITIONS SHALL BE MADE PURSUANT TO THE PROVISIONS OF SECTIONS 6-100, 6-118, 6-122, 6-130, 6-132 (EXCEPT THAT REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-134, 6-144, THE PROVISIONS WITH RESPECT TO DECLINATIONS IN SUBDIVISIONS ONE AND TWO OF SECTION 6-146 (EXCEPT THAT REFERENCES TO A COMMITTEE TO FILL VACANCIES SHALL BE DEEMED REFERENCES TO A COMMITTEE TO RECEIVE NOTICES), 6-147, 6-154, AND SUBDIVISION ONE AND THE PROVISION WITH RESPECT TO DECLINATIONS IN SUBDI- VISION TWO AND SUBDIVISION THREE OF SECTION 6-158 OF THIS CHAPTER. B. CANDIDATES FOR THE POSITIONS OF DISTRICT DELEGATE AND ALTERNATE DISTRICT DELEGATE TO A NATIONAL PARTY CONVENTION PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE ENROLLED MEMBERS OF SUCH PARTY AND RESIDENTS OF THE DISTRICT IN WHICH THEY ARE CANDIDATES. THE CONGRES- SIONAL DISTRICTS USED FOR THE ELECTION OF SUCH DELEGATES AND ALTERNATE DELEGATES SHALL BE THOSE DISTRICTS IN EFFECT FOR THE TWO THOUSAND TEN CONGRESSIONAL ELECTIONS UNLESS NEW DISTRICT LINES DEVELOPED PURSUANT TO THE STATE'S CONGRESSIONAL REDISTRICTING BASED UPON THE TWO THOUSAND TEN FEDERAL CENSUS HAVE BEEN ENACTED INTO LAW AT LEAST NINETEEN WEEKS BEFORE THE DATE OF THE PRESIDENTIAL PRIMARY. C. DESIGNATING PETITIONS FOR CANDIDATES FOR SUCH POSITIONS MUST BE SIGNED BY AT LEAST FIVE HUNDRED ENROLLED VOTERS OF THE PARTY RESIDING IN THE DISTRICT IN WHICH SUCH CANDIDATES ARE DESIGNATED, OR BY AT LEAST ONE-HALF OF ONE PERCENT (0.5%) OF THE THEN ENROLLED VOTERS OF SUCH PARTY IN SUCH DISTRICT, WHICHEVER IS LESS. D. THE DESIGNATING PETITION FOR ANY SUCH CANDIDATE OR CANDIDATES SHALL HAVE PRINTED THEREON PRIOR TO THE AFFIXING OF ANY SIGNATURES THERETO, A LEGEND NAMING THE PRESIDENTIAL CANDIDATE WHOM SUCH CANDIDATES ARE PLEDGED TO SUPPORT, OR A LEGEND THAT SUCH CANDIDATES ARE UNCOMMITTED. SUCH LEGEND SHALL BE PART OF THE TITLE OF SUCH POSITION. E. NO DESIGNATING PETITION CONTAINING THE NAMES OF MORE THAN ONE CANDIDATE FOR EITHER SUCH POSITION SHALL BE VALID UNLESS ALL SUCH CANDI- DATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION THE LEGEND THAT THEY ARE PLEDGED TO THE SAME PRESIDENTIAL CANDIDATE OR UNLESS ALL SUCH CANDIDATES FOR SUCH POSITIONS HAVE PRINTED ON SUCH PETITION THE LEGEND THAT THEY ARE UNCOMMITTED. F. NO DESIGNATING PETITION CONTAINING THE NAMES OF MORE THAN ONE CANDIDATE FOR EITHER SUCH POSITION SHALL BE PRESUMPTIVELY VALID UNLESS THE CANDIDATES FOR DELEGATE AS A GROUP AND THE CANDIDATES FOR ALTERNATE
AS A GROUP ARE EQUALLY DIVIDED BETWEEN MALES AND FEMALES, WITH A VARI- ANCE NO GREATER THAN ONE. G. IN THE EVENT THAT A DESIGNATING PETITION IS FILED FOR CANDIDATES FOR SUCH POSITIONS LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE OR AS UNCOMMITTED, AND THE NAME OF SUCH PRESIDENTIAL CANDIDATE, OR THE WORD UNCOMMITTED, WILL NOT APPEAR ON THE BALLOT AT THE PRESIDENTIAL PRIMARY ELECTION IN TWO THOUSAND TWELVE, THEN THE PETITION DESIGNATING SUCH CANDIDATES FOR SUCH POSITIONS SHALL BE NULL AND VOID AND THE NAMES OF SUCH CANDIDATES FOR SUCH POSITIONS SHALL NOT APPEAR ON THE BALLOT. H. EVERY BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS ARE FILED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT LATER THAN FOUR DAYS AFTER THE LAST DAY TO FILE SUCH PETITIONS, FILE WITH THE STATE BOARD OF ELECTIONS BY EXPRESS MAIL OR BY ELECTRONIC TRANSMISSION, A COMPLETE LIST OF ALL CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE TOGETHER WITH THEIR RESIDENCE ADDRESSES, THE DISTRICTS IN WHICH THEY ARE CANDIDATES AND THE NAME OF THE PRESIDENTIAL CANDIDATE WHOM THEY ARE PLEDGED TO SUPPORT OR THAT THEY ARE UNCOMMITTED. SUCH BOARDS OF ELECTIONS SHALL, NOT LATER THAN THE DAY AFTER A CERTIFICATE OF DECLINA- TION OR SUBSTITUTION IS FILED WITH RESPECT TO ANY SUCH CANDIDATE, FILE SUCH INFORMATION WITH RESPECT TO SUCH CANDIDATE WITH THE STATE BOARD OF ELECTIONS BY ELECTRONIC TRANSMISSION. 7. A. THE RULES OF A STATE COMMITTEE ADOPTED PURSUANT TO THE PROVISIONS OF THIS SECTION MAY PROVIDE THAT NO CANDIDATE FOR THE POSI- TIONS OF DELEGATE AND ALTERNATE DELEGATE MAY APPEAR ON THE BALLOT AS PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE, OR AS UNCOMMIT- TED, UNLESS THE NAME OF SUCH CANDIDATE FOR SUCH POSITION APPEARS ON A CERTIFICATE LISTING THE NAMES OF THOSE CANDIDATES FOR SUCH POSITIONS WHO HAVE FILED STATEMENTS OF CANDIDACY FOR SUCH POSITIONS WITH THE SECRETARY OF THE STATE COMMITTEE WITHIN THE TIME PRESCRIBED BY SUCH RULES AND WHO, IF THEIR STATEMENTS OF CANDIDACY CONTAINED A PLEDGE OF SUPPORT OF A PRESIDENTIAL CANDIDATE, WERE NOT REJECTED BY SUCH PRESIDENTIAL CANDI- DATE. SUCH CERTIFICATE SHALL ALSO LIST THE ADDRESS AND SEX OF EACH SUCH CANDIDATE FOR DELEGATE AND ALTERNATE DELEGATE AND THE DISTRICT IN WHICH SUCH CANDIDATE MAY APPEAR ON THE BALLOT. B. SUCH CERTIFICATE SHALL BE FILED BY THE SECRETARY OF SUCH STATE COMMITTEE, WITH THE BOARD OF ELECTIONS WITH WHICH THE DESIGNATING PETITIONS FOR SUCH CANDIDATES FOR SUCH POSITIONS ARE REQUIRED TO BE FILED, NOT LATER THAN FEBRUARY TWENTY-FIRST, TWO THOUSAND TWELVE. C. IN THE EVENT THAT A DESIGNATING PETITION FOR CANDIDATES FOR SUCH POSITIONS, LISTED AS PLEDGED TO SUPPORT A PRESIDENTIAL CANDIDATE, CONTAINS THE NAMES OF ONE OR MORE PERSONS WHO HAVE NOT BEEN PERMITTED BY SUCH PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT AS SO PLEDGED PURSU- ANT TO THE PROVISIONS OF THIS SECTION, THEN THE NAMES OF SUCH CANDIDATES SHALL NOT APPEAR ON THE BALLOT BUT THE NAMES OF OTHER CANDIDATES ON SUCH PETITION WHO HAVE BEEN PERMITTED BY THE PRESIDENTIAL CANDIDATE TO APPEAR ON THE BALLOT SHALL BE PLACED ON THE BALLOT PROVIDED THAT SUCH CANDI- DATES ARE OTHERWISE ELIGIBLE AND THAT SUCH PETITION IS OTHERWISE VALID. D. THE STATE BOARD OF ELECTIONS SHALL SEND A COPY OF THE CERTIFICATE REQUIRED BY SECTION 4-110 OF THIS CHAPTER TO THE SECRETARY OF THE STATE COMMITTEE OF EACH PARTY CONDUCTING A PRIMARY PURSUANT TO THE PROVISIONS OF THIS SECTION. EVERY OTHER BOARD OF ELECTIONS WITH WHICH DESIGNATING PETITIONS FOR DELEGATE AND ALTERNATE DELEGATE WERE FILED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL, NOT LATER THAN MARCH SECOND, TWO THOU- SAND TWELVE, SEND A LIST OF THE NAMES AND ADDRESSES OF THOSE CANDIDATES WHO WILL APPEAR ON THE BALLOT TO THE SECRETARY OF EACH SUCH STATE COMMITTEE.
8. A. IF THE RULES OF A STATE COMMITTEE ADOPTED PURSUANT TO THE PROVISIONS OF THIS SECTION PROVIDE FOR AN ELECTION IN WHICH CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE WORD "UNCOMMIT- TED" AND CANDIDATES FOR THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT, SUCH BALLOT SHALL BE ARRANGED IN THE MANNER PRESCRIBED BY THIS SECTION. B. THE NAME OF EACH CANDIDATE FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES WHO HAS QUALIFIED TO APPEAR ON THE BALLOT AND THE WORD "UNCOMMITTED," IF A VALID DESIGNATING PETITION TO PLACE SUCH WORD ON THE BALLOT WAS FILED WITH THE STATE BOARD OF ELECTIONS, SHALL APPEAR IN A SEPARATE ROW OR COLUMN. THE NAMES OF ALL THE CANDIDATES FOR DELEGATE TO A NATIONAL CONVENTION WHO FILED DESIGNATING PETITIONS CONTAINING A LEGEND NAMING THE PRESIDENTIAL CANDIDATE WHOM THEY ARE PLEDGED TO SUPPORT OR STATING THAT THEY ARE UNCOMMITTED SHALL BE LISTED IN SUCH ROW OR COLUMN IMMEDIATELY UNDER OR ADJACENT TO THE NAME OF SUCH PRESIDENTIAL CANDIDATE OR THE WORD "UNCOMMITTED," FOLLOWED BY THE NAMES OF ALL CANDI- DATES FOR ALTERNATE DELEGATE TO SUCH CONVENTION WHO FILED SUCH PETITIONS. IF THE NUMBER OF CANDIDATES, OR GROUPS OF CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE WHO ARE PLEDGED TO SUPPORT A PARTICULAR PRESIDENTIAL CANDIDATE OR WHO ARE UNCOMMITTED IS GREATER THAN THE NUMBER WHO MAY BE LISTED IN ONE ROW OR COLUMN AND IF THERE ARE MORE ROWS OR COLUMNS AVAILABLE ON THE BALLOT THAN ARE REQUIRED FOR THE CANDIDATES FOR PRESIDENT WHO HAVE QUALIFIED TO APPEAR ON THE BALLOT, THEN THE BOARD OF ELECTIONS SHALL USE TWO ROWS OR COLUMNS ON SUCH BALLOT TO LIST THE NAMES OF SUCH CANDIDATES FOR DELEGATE AND ALTERNATE DELEGATE. C. THE ORDER OF THE NAMES OF CANDIDATES FOR THE OFFICE OF PRESIDENT AND THE WORD "UNCOMMITTED" ON THE BALLOT AND THE ORDER OF THE NAMES OF CANDIDATES FOR THE POSITIONS OF DELEGATE OR ALTERNATE DELEGATE WITHIN A PARTICULAR ROW OR COLUMN SHALL BE DETERMINED PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 7-116 OF THIS CHAPTER EXCEPT THAT NAMES OF CANDIDATES FOR SUCH POSITIONS WHO ARE DESIGNATED BY INDIVIDUAL PETITIONS AND NOT IN A GROUP SHALL HAVE THEIR POSITIONS DETERMINED BY LOT IN THE SAME DRAWING AS GROUPS AND EXCEPT FURTHER THAT CANDIDATES OR GROUPS OF CANDIDATES FOR DELEGATES AND ALTERNATE DELEGATES DESIGNATED BY THE SAME PETITION SHALL BE TREATED AS ONE GROUP FOR THE PURPOSES OF SUCH DETERMINATION BY LOT. THE PROVISIONS OF SUBDIVISION SIX OF SUCH SECTION 7-116 OF THIS CHAPTER SHALL NOT APPLY TO ANY ELECTION CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. D. IMMEDIATELY FOLLOWING THE NAME OF EACH CANDIDATE FOR DELEGATE AND ALTERNATE DELEGATE ON THE BALLOT SHALL APPEAR, IN PARENTHESIS, THE LETTER (M) IF SUCH CANDIDATE IS MALE AND THE LETTER (F) IF SUCH CANDI- DATE IS FEMALE. 9. ALL PRIMARY ELECTIONS CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE ON VOTING MACHINES. 10. PERSONS ENTITLED TO VOTE PURSUANT TO SECTION 11-200 OF THIS CHAP- TER SHALL BE ENTITLED TO SIGN DESIGNATING PETITIONS FOR, AND VOTE IN, ANY ELECTION HELD PURSUANT TO THE PROVISIONS OF THIS SECTION. 11. IF THE RULES OF A STATE COMMITTEE PROVIDE FOR A PRIMARY ELECTION IN WHICH THE OFFICE OF PRESIDENT OF THE UNITED STATES AND THE POSITIONS OF DELEGATE AND ALTERNATE DELEGATE TO A NATIONAL CONVENTION APPEAR ON THE BALLOT PURSUANT TO THE PROVISIONS OF THIS SECTION, THE STATE BOARD OF ELECTIONS AND THE COUNTY BOARDS OF ELECTIONS AS THE CASE MAY BE SHALL CANVASS THE RESULTS OF SUCH PRIMARY ELECTION FOR SUCH OFFICE AND POSI- TIONS PURSUANT TO THE PROVISIONS OF SECTIONS 9-200 AND 9-202 OF THIS CHAPTER, AND SHALL CERTIFY TO THE SECRETARY OF THE STATE COMMITTEE OF SUCH PARTY THE VOTE CAST FOR EACH CANDIDATE FOR SUCH OFFICE AND POSI-
TIONS IN SUCH PRIMARY ELECTION AND THE VOTE CAST FOR THE "UNCOMMITTED" PREFERENCE, TALLIED SEPARATELY BY CONGRESSIONAL DISTRICTS, EXCEPT THAT NO CANDIDATE OR "UNCOMMITTED" PREFERENCE SHALL BE CERTIFIED AS NOMINATED OR ELECTED TO ANY SUCH OFFICE OR POSITION. 12. EXCEPT AS PROVIDED IN THIS SECTION AND PARTY RULES AND REGU- LATIONS, ALL PROVISIONS OF THE ELECTION LAW, EXCEPT ANY PROVISIONS OF SECTION 2-122 OF THIS ARTICLE WHICH ARE INCONSISTENT WITH THIS SECTION AND THOSE SECTIONS AND SUBDIVISIONS OF ARTICLE SIX OF THIS CHAPTER NOT SPECIFIED IN THIS SECTION, SHALL APPLY TO ELECTIONS CONDUCTED PURSUANT TO THIS SECTION. S 4. The election law is amended by adding a new section 2-122-b to read as follows: S 2-122-B. PRESIDENTIAL PRIMARY. 1. APPLICABILITY. THE SELECTION OF DELEGATES AND ALTERNATE DELEGATES FROM NEW YORK STATE TO THE NATIONAL CONVENTION OF THE REPUBLICAN PARTY IN EACH YEAR IN WHICH ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES ARE TO BE ELECTED SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THIS SECTION. THE STATE COMMITTEE OF ANY OTHER POLITICAL PARTY MAY, BY RULE OR RESOLUTION, OPT TO CONDUCT THE SELECTION OF DELEGATES AND ALTERNATE DELEGATES IN ANY SUCH YEAR IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A CERTIFIED COPY OF SUCH RULE OR RESOLUTION SHALL BE FILED WITH THE STATE BOARD OF ELECTIONS NO LATER THAN TWENTY WEEKS PRIOR TO THE DATE OF SUCH ELECTION. 2. GENERAL PROVISIONS. THE SELECTION OF DELEGATES AND ALTERNATE DELEG- ATES TO A NATIONAL CONVENTION OR CONFERENCE OF A POLITICAL PARTY PURSU- ANT TO THIS SECTION SHALL BE DETERMINED BY THE VOTES CAST AT A STATEWIDE PRIMARY ELECTION FOR CANDIDATES FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES IN WHICH THE NAMES OF CANDIDATES FOR SUCH OFFICE APPEAR ON THE BALLOT AND THE NAMES OF DELEGATES AND ALTERNATE DELEGATES DO NOT APPEAR ON SUCH BALLOT. THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEGATES SHALL BE DETERMINED BY THE CALL FOR THE NATIONAL CONVENTION. THREE DELEGATES AND THREE ALTERNATE DELEGATES SHALL BE ELECTED FROM EVERY CONGRESSIONAL DISTRICT IN THE STATE, UNLESS THE RULES OF THE NATIONAL REPUBLICATION PARTY AND/OR THE CALL FOR THE NATIONAL CONVENTION PROVIDE DIFFERENTLY. THE TOTAL NUMBER OF DELEGATES AND ALTERNATE DELEG- ATES AS ESTABLISHED BY THE CALL FOR THE NATIONAL CONVENTION MINUS THE NUMBER OF DELEGATES AND ALTERNATE DELEGATES TO BE ELECTED FROM THE CONGRESSIONAL DISTRICTS SHALL BE DESIGNATED AT-LARGE DELEGATES AND AT-LARGE ALTERNATE DELEGATES. A POLITICAL PARTY SHALL CERTIFY TO THE STATE BOARD OF ELECTIONS, AT LEAST TWELVE WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THE NUMBER OF DELEGATES TO WHICH SUCH PARTY IS ENTITLED PURSUANT TO ITS RULES. CONGRESSIONAL DISTRICT DELEGATES AND ALTERNATE DELEGATES SHALL BE ELECTED AT SEPARATE AND DISTINCT PRIMARY ELECTIONS HELD WITHIN EACH CONGRESSIONAL DISTRICT OF THE STATE. CONGRESSIONAL DISTRICT DELEGATES SHALL BE ALLOCATED TO PRESIDENTIAL CANDIDATES PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. AT-LARGE DELEGATES AND ALTERNATE DELEGATES SHALL BE ELECTED BY THE STATE COMMITTEE AND ALLOCATED TO PRESIDENTIAL CANDI- DATES PURSUANT TO SUBDIVISION FIVE OF THIS SECTION. 3. BALLOT ACCESS METHODS. CANDIDATES SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT IN A PRIMARY ELECTION OF A POLITICAL PARTY FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES PURSUANT TO ANY OF THE FOLLOWING PROVISIONS: A. ANY CANDIDATE WHO HAS BEEN CERTIFIED AS ELIGIBLE TO RECEIVE PRESI- DENTIAL PRIMARY MATCHING FUND PAYMENTS PURSUANT TO THE PROVISIONS OF 11 CODE OF FEDERAL REGULATIONS PART 9033, OR ANY CANDIDATE WHO MEETS THE
ELIGIBILITY CRITERIA REGARDING MATCHABLE CONTRIBUTIONS ESTABLISHED IN 11 CODE OF FEDERAL REGULATIONS PART 9033.2(B)(3) REGARDLESS OF WHETHER SUCH CANDIDATE ACTUALLY APPLIED FOR SUCH MATCHING FUND PAYMENTS, MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH PARTY IN THE STATE OF NEW YORK FOR THAT YEAR. B. ANY CANDIDATE MAY REQUEST, BY CERTIFICATE FILED AND RECEIVED BY THE STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NOT LATER THAN NINE WEEKS PRIOR TO THE DATE OF THE PRESIDENTIAL PRIMARY, THAT THE NAME OF SUCH CANDIDATE APPEAR ON THE BALLOT AT THE PRIMARY OF SUCH PARTY IN THE STATE OF NEW YORK FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES. SUCH CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT OF SUCH PARTY IN THE STATE OF NEW YORK AT THE PRIMARY ELECTION FOR THAT YEAR IF THE STATE BOARD OF ELECTIONS DETERMINES THAT THE PERSON IS A NATIONALLY KNOWN AND RECOGNIZED CANDIDATE AND THE CANDIDACY OF SUCH PERSON FOR THE PARTY NOMINATION FOR PRESIDENT IS GENERALLY AND SERIOUSLY ADVOCATED OR RECOGNIZED ACCORDING TO REPORTS IN THE NATIONAL OR STATE NEWS MEDIA. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, A REQUEST BY A CANDIDATE TO APPEAR ON THE PRESIDENTIAL PRIMARY BALLOT OF A MAJOR POLITICAL PARTY SHALL BE DETERMINED SOLELY UPON A JOINT RECOMMEN- DATION BY THE COMMISSIONERS OF THE STATE BOARD OF ELECTIONS WHO HAVE BEEN APPOINTED ON THE RECOMMENDATION OF SUCH POLITICAL PARTY OR THE LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY, AND NO OTHER COMMISSIONER OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN SUCH DETERMINATION. THE STATE BOARD OF ELECTIONS SHALL ACT UPON ANY SUCH REQUEST WITHIN TWO WEEKS OF ITS RECEIPT BY THE STATE BOARD. C. ANY CANDIDATE SHALL BE ELIGIBLE TO APPEAR ON THE BALLOT PURSUANT TO THE PROVISIONS OF ARTICLE SIX OF THIS CHAPTER. DESIGNATING PETITIONS SHALL BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR FIVE PERCENT, WHICHEV- ER IS LESS, OF THE THEN ENROLLED VOTERS OF THE PARTY IN THE STATE. D. ANY CANDIDATE MEETING THE REQUIREMENTS OF PARAGRAPH A, B OR C OF THIS SUBDIVISION, SHALL FILE A CERTIFICATE WITH AND HAVE SUCH CERTIF- ICATE RECEIVED BY THE STATE BOARD OF ELECTIONS NO SOONER THAN TWELVE WEEKS AND NO LATER THAN NINE WEEKS PRIOR TO THE DATE OF THE PRIMARY ELECTION ON WHICH THEIR NAME WILL APPEAR, PROVIDING A COMPLETE ELECTION PRIORITIZED LIST OF PROPOSED CONGRESSIONAL DISTRICT DELEGATES AND CONGRESSIONAL DISTRICT ALTERNATE DELEGATES SUPPORTING AND COMMITTED TO THEIR PRESIDENTIAL CANDIDACY FOR EACH SUCH POSITION FROM THE CONGRES- SIONAL DISTRICTS TO BE ELECTED AT THE PRIMARY ELECTION. EACH SUCH PROPOSED CONGRESSIONAL DISTRICT DELEGATE AND CONGRESSIONAL DISTRICT ALTERNATE DELEGATE MUST BE AN ENROLLED MEMBER OF THE REPUBLICAN PARTY AND RESIDE IN THE CONGRESSIONAL DISTRICT WHICH THEY SEEK TO REPRESENT. THE STATE BOARD OF ELECTIONS SHALL REVIEW EACH SUCH SLATE AND IF IT DETERMINES THAT SUCH SLATE IS NOT COMPLETE OR IS NOT OTHERWISE IN COMPLIANCE WITH THE PROVISIONS OF THIS PARAGRAPH, IT SHALL NOTIFY THE PRESIDENTIAL CANDIDATE OF ANY DEFECTS FORTHWITH AND PROVIDE SUCH PRESI- DENTIAL CANDIDATE WITH FIVE BUSINESS DAYS TO CURE ANY DEFECTS. A PRESI- DENTIAL CANDIDATE ELIGIBLE TO APPEAR ON THE PRIMARY BALLOT PURSUANT TO THE PROVISIONS OF PARAGRAPH A, B OR C OF THIS SUBDIVISION SHALL APPEAR ON SUCH PRIMARY BALLOT ONLY UPON THE FILING OF A CERTIFICATE IN COMPLI- ANCE WITH THE PROVISIONS OF THIS PARAGRAPH. E. PRESIDENTIAL CANDIDATES DETERMINED ELIGIBLE TO APPEAR ON THE PRIMA- RY BALLOT MAY, BY FILING A CERTIFICATE WITH THE STATE BOARD OF ELECTIONS RECEIVED NO LATER THAN SEVEN DAYS BEFORE SUCH PRIMARY ELECTION, INVALI-
DATE THEIR CANDIDACY THEREBY RENDERING ANY VOTES CAST FOR SUCH CANDI- DATES NULL AND VOID AND SUCH VOTES SHALL NOT BE COUNTED TOWARD STATEWIDE OR CONGRESSIONAL DISTRICT VOTE TOTALS FOR PURPOSES OF ALLOCATING DELEG- ATES AND ALTERNATE DELEGATES PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF THIS SECTION. 4. ELECTION OF DELEGATES AND ALTERNATE DELEGATES FROM CONGRESSIONAL DISTRICTS. A. EACH CONGRESSIONAL DISTRICT SHALL CONDUCT A SEPARATE AND DISTINCT PRIMARY ELECTION. ENROLLED REPUBLICAN VOTERS FROM A CONGRES- SIONAL DISTRICT SHALL VOTE FOR A PRESIDENTIAL CANDIDATE WHO HAS QUALI- FIED FOR THE PRIMARY BALLOT PURSUANT TO SUBDIVISION THREE OF THIS SECTION. B. ALL THREE DELEGATES AND ALL THREE ALTERNATE DELEGATES FROM A CONGRESSIONAL DISTRICT SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORITY OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN SUCH CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES A MAJORITY OF THE VOTES IN A CONGRESSIONAL DISTRICT, THE PRESIDENTIAL CANDIDATE RECEIVING THE MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL BE AWARDED TWO DELEGATES AND TWO ALTERNATE DELEGATES AND THE PRESIDEN- TIAL CANDIDATE WHO RECEIVES THE SECOND MOST VOTES IN THE CONGRESSIONAL DISTRICT SHALL BE AWARDED ONE DELEGATE AND ONE ALTERNATE DELEGATE, PROVIDED HOWEVER, THAT A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN THE CONGRESSIONAL DISTRICT IN ORDER TO BE AWARDED ANY DELEGATES AND ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF ONLY ONE PRESI- DENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, SUCH PRES- IDENTIAL CANDIDATE SHALL BE AWARDED ALL THREE DELEGATES AND ALL THREE ALTERNATE DELEGATES. IF NO PRESIDENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, THE THREE DELEGATE AND THREE ALTERNATE DELEGATE POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY. C. (I) IF THE RULES OF THE NATIONAL REPUBLICAN PARTY OR THE CALL FOR THE NATIONAL CONVENTION PERMIT AND IF STATE CONGRESSIONAL REDISTRICTING IS NOT ENACTED PRIOR TO TWELVE WEEKS BEFORE THE DATE OF THE PRESIDENTIAL PRIMARY AND THE STATE HAS A NET LOSS OF CONGRESSIONAL DISTRICTS FOLLOW- ING REAPPORTIONMENT, TWO DELEGATES AND TWO ALTERNATE DELEGATES SHALL BE ELECTED FROM EACH OF THE PRE-APPORTIONMENT CONGRESSIONAL DISTRICTS. THE TWO DELEGATES AND THE TWO ALTERNATE DELEGATES FROM A CONGRESSIONAL DISTRICT SHALL BE AWARDED TO THE PRESIDENTIAL CANDIDATE RECEIVING THE MOST VOTES IN THE CONGRESSIONAL DISTRICT PROVIDED, HOWEVER, THAT A PRES- IDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN THE CONGRESSIONAL DISTRICT IN ORDER TO BE AWARDED ANY DELEGATES AND ALTERNATE DELEGATES FROM THAT CONGRESSIONAL DISTRICT. IF NO PRESIDENTIAL CANDIDATE RECEIVES TWENTY PERCENT OR MORE OF THE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES IN A CONGRESSIONAL DISTRICT, THE TWO DELEGATE AND TWO ALTERNATE DELEGATE POSITIONS FROM SUCH DISTRICT SHALL BE DEEMED VACANT AND FILLED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY. (II) IF THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH ARE NOT PERMITTED BY THE RULES OF THE NATIONAL REPUBLICAN PARTY OR THE CALL FOR THE NATIONAL CONVENTION, THE NEW YORK REPUBLICAN STATE COMMITTEE MAY ADOPT A PARTY RULE REGARDING THE ELECTION OF CONGRESSIONAL DISTRICT DELEGATES AND CONGRESSIONAL DISTRICT ALTERNATE DELEGATES TO TAKE EFFECT IN THE EVENT THAT STATE CONGRESSIONAL REDISTRICTING BASED UPON THE TWO THOUSAND TEN CONGRESSIONAL REAPPORTIONMENT IS NOT ENACTED PRIOR TO
TWELVE WEEKS BEFORE THE DATE OF THE TWO THOUSAND TWELVE PRESIDENTIAL PRIMARY. 5. ELECTION OF AT LARGE DELEGATES AND AT LARGE ALTERNATE DELEGATES. AT-LARGE DELEGATES AND AT-LARGE ALTERNATE DELEGATES SHALL BE ELECTED BY THE NEW YORK REPUBLICAN STATE COMMITTEE AND AWARDED TO PRESIDENTIAL CANDIDATES BASED UPON THE STATEWIDE VOTE RESULTS OF THE PRESIDENTIAL PRIMARY ELECTION. ALL AT-LARGE DELEGATES AND AT-LARGE ALTERNATE DELEG- ATES SHALL BE AWARDED TO A PRESIDENTIAL CANDIDATE WHO RECEIVES A MAJORI- TY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES. IF NO PRESIDENTIAL CANDIDATE RECEIVES A MAJORITY OF THE STATEWIDE TOTAL VOTES CAST FOR PRESIDENTIAL CANDIDATES, AT-LARGE DELEGATES AND AT-LARGE ALTER- NATE DELEGATES SHALL BE ALLOCATED AND AWARDED AS FOLLOWS: BASED ON THE RATIO OF THE TOTAL STATEWIDE VOTE RECEIVED BY EACH PRESIDENTIAL CANDI- DATE IN RELATION TO THE TOTAL STATEWIDE VOTE FOR ALL PRESIDENTIAL CANDI- DATES RECEIVING AT LEAST TWENTY PERCENT OF THE STATEWIDE VOTE IN THE PRESIDENTIAL PRIMARY ELECTION, THE NEW YORK REPUBLICAN STATE COMMITTEE SHALL APPORTION PRO-RATA THE NUMBER OF AT-LARGE DELEGATES AND AT-LARGE ALTERNATE DELEGATES THAT EACH PRESIDENTIAL CANDIDATE IS ENTITLED TO RECEIVE ROUNDED TO THE NEAREST WHOLE NUMBER: PROVIDED HOWEVER, THAT A PRESIDENTIAL CANDIDATE MUST RECEIVE AT LEAST TWENTY PERCENT OF THE TOTAL STATEWIDE VOTE OF THE PRESIDENTIAL PRIMARY ELECTION IN ORDER TO BE AWARDED ANY AT-LARGE DELEGATES BY THE NEW YORK REPUBLICAN STATE COMMIT- TEE. IN THE EVENT THE PRO-RATA APPORTIONMENT OF DELEGATES LEAVES ONE OR MORE DELEGATES UNAWARDED BY PROCESS OF MATHEMATICAL DISTRIBUTION, THEN ANY SUCH DELEGATE OR DELEGATES, SHALL BE AWARDED TO THE PRESIDENTIAL CANDIDATE WITH THE MOST STATEWIDE VOTES FOR ALL PRESIDENTIAL CANDIDATES. IN THE EVENT PRO-RATA APPORTIONMENT ENTITLES PRESIDENTIAL CANDIDATES BY PROCESS OF MATHEMATICAL DISTRIBUTION TO MORE DELEGATES THAN ARE AUTHOR- IZED PURSUANT TO THE RULES OF THE NATIONAL REPUBLICAN PARTY AND THE CALL FOR THE NATIONAL CONVENTION, THEN THE NUMBER OF DELEGATES AWARDED FOR THE CANDIDATE RECEIVING THE LEAST STATEWIDE VOTES AMONG THOSE PRESIDEN- TIAL CANDIDATES OTHERWISE ENTITLED TO BE AWARDED DELEGATES, SHALL BE DECREASED TO THE EXTENT NECESSARY TO CONFORM TO THE NUMBER OF AUTHORIZED DELEGATE POSITIONS. 6. ALL PROVISIONS OF THIS CHAPTER WHICH ARE NOT INCONSISTENT WITH THIS SECTION SHALL BE APPLICABLE TO A PRIMARY ELECTION CONDUCTED PURSUANT TO THIS SECTION. S 5. Section 6-158 of the election law is amended by adding a new subdivision 1-a to read as follows: 1-A. A DESIGNATING PETITION FILED FOR A PRESIDENTIAL PRIMARY ELECTION SHALL BE FILED NOT EARLIER THAN THE TWELFTH MONDAY BEFORE, AND NOT LATER THAN THE ELEVENTH THURSDAY PRECEDING THE PRESIDENTIAL PRIMARY ELECTION. S 6. Section 4-110 of the election law, as amended by chapter 434 of the laws of 1984, is amended to read as follows: S 4-110. Certification of primary election candidates; state board of elections. The state board of elections not later than thirty-six days before a primary election OR FIFTY-FOUR DAYS BEFORE A PRESIDENTIAL PRIMARY ELECTION, shall certify to each county board of elections: The name and residence of each candidate to be voted for within the poli- tical subdivision of such board for whom a designation has been filed with the state board; the title of the office or position for which the candidate is designated; the name of the party upon whose primary ballot his name is to be placed; and the order in which the names of the candi- dates are to be printed as determined by the state board. Where an office or position is uncontested, such certification shall state such fact.
S 7. Section 4-114 of the election law, as amended by chapter 4 of the laws of 2011, is amended to read as follows: S 4-114. Determination of candidates and questions; county board of elections. The county board of elections, not later than the thirty- fifth day before the day of a primary or general election, or the fifty-third day before a special election OR PRESIDENTIAL PRIMARY ELECTION, shall determine the candidates duly nominated for public office and the questions that shall appear on the ballot within the jurisdiction of that board of elections. S 8. Paragraph (a) of subdivision 1 of section 10-108 of the election law, as amended by chapter 4 of the laws of 2011, is amended to read as follows: (a) Ballots for military voters shall be mailed or otherwise distrib- uted by the board of elections, in accordance with the preferred method of transmission designated by the voter pursuant to section 10-107 of this article, as soon as practicable but in any event not later than thirty-two days before a primary or general election; twenty-five days before a New York city community school board district or city of Buffalo school district election; fourteen days before a village election conducted by the board of elections; and forty-five days before a special election OR PRESIDENTIAL PRIMARY ELECTION. A voter who submits a military ballot application shall be entitled to a military ballot thereafter for each subsequent election through and including the next two regularly scheduled general elections held in even numbered years, including any run-offs which may occur; provided, however, such applica- tion shall not be valid for any election held within seven days after its receipt. Ballots shall also be mailed to any qualified military voter who is already registered and who requests such military ballot from such board of elections in a letter, which is signed by the voter and received by the board of elections not later than the seventh day before the election for which the ballot is requested and which states the address where the voter is registered and the address to which the ballot is to be mailed. The board of elections shall enclose with such ballot a form of application for military ballot. In the case of a primary election, the board shall deliver only the ballot of the party with which the military voter is enrolled according to the military voter's registration records. In the event a primary election is uncon- tested in the military voter's election district for all offices or positions except the party position of member of the ward, town, city or county committee, no ballot shall be delivered to such military voter for such election; and the military voter shall be advised of the reason why he or she will not receive a ballot. S 9. Subdivision 4 of section 11-204 of the election law, as amended by chapter 4 of the laws of 2011, is amended to read as follows: 4. If the board of elections shall determine that the applicant making the application provided for in this section is qualified to receive and vote a special federal ballot, it shall, as soon as practicable after it shall have so determined, or not later than thirty-two days before each general or primary election and forty-five days before each special election OR PRESIDENTIAL PRIMARY ELECTION in which such applicant is qualified to vote, or three days after receipt of such an application, whichever is later, mail to him or her at the residence address outside the United States shown in his or her application, a special federal ballot, an inner affirmation envelope and an outer envelope, or other- wise distribute same to the voter in accordance with the preferred meth- od of transmission designated by the voter pursuant to section 11-203 of
this title. The board of elections shall also mail, or otherwise distribute in accordance with the preferred method of transmission designated by the voter pursuant to section 11-203 of this title, a special federal ballot to every qualified special federal voter who is already registered and who requests such special federal ballot from such board of elections in a letter, which is signed by the voter and received by the board of elections not later than the seventh day before the election for which the ballot is first requested and which states the address where the voter is registered and the address to which the ballot is to be mailed. The board of elections shall enclose with such ballot a form of application for a special federal ballot. S 10. Separability. If any sentence, clause, subparagraph, paragraph, subdivision, section or other part of this act, or the application ther- eof to any party, person or circumstances shall be held or adjudged by any court of competent jurisdiction to be invalid, such holding or judg- ment shall not affect, impair or invalidate the remainder or any portion of the remainder of this act, or the application of such section or part of a section held or adjudged to be invalid, to any other person or circumstances, but shall be confined in its operation to the sentence, clause, subparagraph, paragraph, subdivision, section or other part of this act directly involved in the controversy in which such holding or judgment shall have been rendered, or to the party, person and circum- stances therein involved. S 11. This act shall take effect immediately; except that if this act shall become a law after July 1, 2011, it shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2011; and shall expire December 31, 2012 when upon such date the provisions of this act shall be deemed repealed.

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