NY State Senate Bill 2017-S2789

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 17, 2017	referred to elections

co-Sponsors

2017-S2789 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§9-212 & 4-122, El L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4139
2013-2014: S1009
2015-2016: S3657, S7075

2017-S2789 (ACTIVE) - Summary

Relates to determinations by county canvassing boards and publication of nominations.

2017-S2789 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2789

 TITLE OF BILL :  An act to amend the election law, in relation to
determinations by county canvassing boards and publication of lists of
nominations

 PURPOSE :

This bill would provide mandate relief to counties by eliminating the
requirement that boards of elections publish election results in the
newspaper, require candidate lists to be published in only one
newspaper, and remove the requirement that candidate addresses be
published as part of such list.

 SUMMARY OF PROVISIONS :

Section 1. Subdivisions 2 and 3 of election law § 9-212 as amended by
chapter 635 of the laws of 1990 are amended to eliminate newspaper
publication of the determinations by county canvassing boards.
Instead, local boards of election would have to conspicuously post
such determinations on their website.

Section 2. Subdivisions 1 and 3 of election law § 4-122 as amended by
chapter 359 of the laws of 1989 are amended to limit publication of
candidate lists to one newspaper of general circulation and digital
publication. Current law specifies that such lists shall be published

in between two and four newspapers and includes no provision for
digital publication. This amendment also removes a candidate's
residence from the information to be published as part of such list.

Section 3 of the bill is the effective date. JUSTIFICATION:  Current
law (EL. § 9-212) requires county canvassing boards to publish
election results and the results of local ballots proposals once in
the newspaper. Current law (EL. § 4-122) also and requires newspaper
publication of candidate lists, including candidates residences, in
several newspapers.

By wholly eliminating the newspaper publication requirements of E.L
9-212, replacing them with digital publication, and significantly
scaling back the newspaper publication requirements of E.L. § 4-122,
this bill alleviates the hardship of these unfunded mandates while
recognizing the wide use and accessibility of the internet by boards
of elections, citizens, and the media.

 LEGISLATIVE HISTORY :

S.7075 2016 Referred to Elections.
S.3657 2015-16 Referred to Elections
S.1009 of 2013-14 Referred to Elections
S.4139-A of 2011-12 Referred to Elections

 FISCAL IMPLICATIONS :

The bill will provide savings to the counties.

 EFFECTIVE DATE :
Immediately.

2017-S2789 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2789
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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 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 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:
   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, 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 CONSPICU-
 OUSLY POSTED ON ITS WEBSITE. THE STATEMENT  OF  CANVASS  TO  BE  POSTED,
 HOWEVER, SHALL NOT GIVE THE VOTE BY ELECTION DISTRICTS BUT SHALL CONTAIN
 ONLY  THE  TOTAL  VOTE FOR A PERSON, 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. [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 state-
 ments filed in its office upon which such determinations were based,  to
 be  published  once  in  each  of  the  newspapers designated to publish
 election notices and the official canvass. The statement of  canvass  to
 be published, however, shall not give the vote by election districts but
 shall  contain  only  the total vote for a person, 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

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

                                                            LBD04257-01-7

 S. 2789                             2

 thereon devolves upon the county board of canvassers.] Such totals shall
 be expressed in arabic numerals.
   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.
   §  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.
   § 3. This act shall take effect immediately.

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Senate Bill S2789

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

2017-S2789 (ACTIVE) - Details

2017-S2789 (ACTIVE) - Summary

2017-S2789 (ACTIVE) - Sponsor Memo

2017-S2789 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2789

Share this bill

Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Elections Committee

co-Sponsors

Patrick M. Gallivan

2017-S2789 (ACTIVE) - Details

2017-S2789 (ACTIVE) - Summary

2017-S2789 (ACTIVE) - Sponsor Memo

2017-S2789 (ACTIVE) - Bill Text download pdf

Comments