Bill S6417-2013

Relates to the reimbursement to counties and the city of New York of the costs associated with administering primary elections

Relates to the reimbursement to counties and the city of New York of the costs associated with administering primary elections.

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  • Mar 11, 2014: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 22, 2014: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S6417

TITLE OF BILL: An act to amend the election law, in relation to the reimbursement to counties and the city of New York of the costs associated with administering primary elections

PURPOSE:

The bill will require the state to reimburse counties and the city of New York for the costs of conducting the September primary in even numbered election years.

SUMMARY OF PROVISIONS:

Section 1 amends Section 6-160 of the election law by adding a new subdivision three, requiring the state to reimburse the counties and city of New York for the costs associated with administering the September primaries in even numbered election years. It further sets forth the reimbursable expenses, and the mechanisms through which counties may apply to the state board of elections for reimbursement. It sets the reimbursement rate at 100% of the approved expenditures, and authorizes the state board of elections to promulgate rules and regulations necessary to fulfill the law.

JUSTIFICATION:

Under the Federal Military Overseas Voter Empowerment (MOVE) Act, state are required to set primary elections dates that allow members of the military and overseas citizens to register and vote with sufficient time for their ballots to be sent, delivered, cast, returned and counted.

To comply with those requirements, New York State was required to hold separate primaries for federal (Congress and U.S. Senate) elections, in addition to those for the state and local elections on the November ballot in 2012, having been granted a waiver for the 2010 elections.

With the 2014 elections pending, U.S. District Court Judge Gary Sharpe (N.D.N.Y.) has ordered, as part of the decision in the matter of The United States of America v. State of New York, that this year's primary for federal offices are to be conducted on June 24, 2014.

Should New York State not change the date of the state and local primary to June 24, 2014, to coincide with the required federal primary date, the result will be two complete election cycles, including petitioning, machine set up and programming, election day voting procedures and canvas and re-canvas processes.

The estimated cost of the second primary, with all expenses included, would be approximately $50,000,000 to the counties of New York and New York City.

This is an unfunded and unnecessary mandate that not only affects our counties and New York City, but also impedes the ability of nearly 50,000 New Yorkers, including more than 10,000 active military men and women, to have their votes properly cast and counted.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

Estimated to be approximately $50,000,000

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6417 IN SENATE January 22, 2014 ___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to the reimbursement to counties and the city of New York of the costs associated with admin- istering primary elections 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 STATE OF NEW YORK SHALL REIMBURSE COUNTIES AND THE CITY OF NEW YORK FOR COSTS ASSOCIATED WITH ADMINISTERING PRIMARY ELECTIONS HELD IN SEPTEMBER OF EACH EVEN NUMBERED ELECTION YEAR. (A) REIMBURSEMENT OF SUCH EXPENSES SHALL BE MADE UPON APPLICATION OF SUCH COUNTIES OR THE CITY OF NEW YORK FOR STATE AID UNDER THIS SECTION, BY FILING WITH THE STATE BOARD OF ELECTIONS A PLAN, INCLUDING SPECIFIC COSTS, DETAILING EXPENSES ASSOCIATED WITH CONDUCTING SUCH PRIMARY. (B) INCLUDED IN SUCH REIMBURSABLE COSTS SHALL BE CLERICAL COSTS, MAIN- TENANCE AND OPERATION COSTS, AS WELL AS SALARIES OF LOCAL BOARD OF ELECTIONS PERSONNEL, POLL INSPECTORS, BALLOT AND SAMPLE BALLOT PRODUCTION, DISTRIBUTION AND SUCH OTHER COSTS ACCRUED IN FULFILLING THE REQUIREMENTS OF ARTICLES EIGHT AND NINE OF THIS CHAPTER, AND SUCH OTHER INFORMATION AS THE STATE BOARD OF ELECTIONS SHALL REQUIRE. (C) THE STATE BOARD OF ELECTIONS SHALL APPROVE SUCH REIMBURSEMENT IF IT CONFORMS TO STANDARDS RELATING TO THE ADMINISTRATION OF ELECTIONS. (D) STATE AID SHALL BE GRANTED TO THE CITY OF NEW YORK AND THE RESPEC- TIVE COUNTIES OUTSIDE THE CITY OF NEW YORK ONLY TO THE EXTENT OF REIM- BURSING ONE HUNDRED PER CENTUM OF THE APPROVED EXPENDITURES INCURRED BY THE COUNTY OR CITY IN MAINTAINING AND ADMINISTERING THE SEPTEMBER PRIMA- RY ELECTION. (E) THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGU- LATIONS IN FURTHERANCE OF THESE PROVISIONS IN ACCORDANCE WITH SECTION 3-102 OF THIS CHAPTER. S 2. This act shall take effect immediately.

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