kellenr aquila filing

8/3/2019 Kellenr Aquila Filing

1/22

State of New YorkSTATE BOARD OF ELECTIONS~ames A. Walsh

tChairDouglas A. KellnerChairregon' P. PetersonI Com~jssionerIEvel~'n J. Aquilai Commissioner !i----~-._----------------.~T-~----~.L~___________

40 STEUBEN STREETALBANY, N.Y. 12207Phone: 518/474-6367 Fax: 518/486-4546

-----I

i------1---_~..__~_.______

Todd D. ValentineExecutive DireelorRobert A. BrehmExecutive DirectorKimberl~' A. GalvinSpecial CounselPaul M. CollnsDeputy Counsel

February 1,2012Hon. Gary L. SharpeUnited States Distiict Courtfor the Northern District of New York

James T. Foley United States Courthouse445 Broadway, Room 441Albany, New York 12207Re: United States v. State of New York, et. alCivil Action No. 1O-CV-1214 (GLS)

Dear Judge Sharpe:

Pursuant to this Court's Order of Janaury 27,2012 the State Board of Elections was directed to provide theCourt with a proposed non-presidential federal piimary election calendar implementing the Court'sselection of June 26, 2012 as the non-presidential federal primary date.As Your Honor is well aware, the State Board of Elections is comprised of four (4) members and pursuantto Election Law 3-1 OO( 4) an affirmative vote of three (3) Commissioners is required for any Board action.As there is not agreement among the Commissioners as to all ofthe statutory and administrative election-related deadlines which should be set by the Court in any Order implementing the Court's Janaury 2ihDecision and Order, I must file, on behalf of Commissioners Aquila and Kellner the enclosed ProposedCalendar for the 2012 Non Presidential Primary Election. As Your Honor can see, there is some agreementwithin the State Board as to the actual movement of dates where those dates are simply triggered by anumber of days back from the primary. Where there is disagreement is in the role of the State Board, as anadministrative agency, in proposing to the Court changes in state statutes to accommodate the requirementsof the MOVE Act.The enclosed enclosed Proposed Calendar for the 2012 Non Presidential Primary Election submitted onbehalf of Commissioners Aquila and Kellner presents to the Court their best estimate as to what statestatutes must be superceded and offers to the Court their views as to the manner in which they should besuperceded. Perhaps the best example of this is in the diminution of the number of days for circulatingdesignating petitions, the proportionate diminution in the required number of signatures which must becollected and the expansion of the filing dates to accommodate Passover. The goal of the Aquila/KellnerCalendar is to provide the Court with workable dates which, if adopted, will result in a successful effort at


2/22

MOVE Act compliance in the June 26th Non Presidential Primary Election. It is the view ofCommissioners Aquila and Kellner that in some instances, merely moving dates back from the primarydate is insufficient to accommodate full MOVE Act compliance, and there must be some compression ofthe time frames to allow for full compliance, nothwithstanding that the State Board, as an administrativeagency lacks legislative authority.Commissioners Aquila and Kellner view your charge to them as one requiring them to present you withtheir best judgment as to how to what changes must be made to ensure the June 26th Primary is conductedin such a fashion as to be to fully MOVE Act compliant.The Kellner/Aquila Calendar sets forth the totality of election events that occur leading up to each federalprimary election in that takes place in New York State. It also contains specific dates as suggestions to theCourt as to how the primary may be best run, given the short period of time between now and June 26th. Itis the belief of Commissioners Aquila and Kellner that in order to go from a primary calendar whichpreviously required absentee ballots be sent out thirty-two (32) before the primary to one in which themilitary and federal voter"s ballots are sent out forty-five (45) days in advance of the primary there must besome time compression of the events leading up to the primary and their proposed calendar makes specificproposals in that regard.As always, we stand ready to assist the Court and the parties in any way that we can.

Paul M. CollinsDeputy Special CounselBar Roll No.1 01384


3/22

UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF NEW YORKUNITED STATES OF AMERICA,

1 O-CV -1214- Pl ainti ffs,-against- AffidavitTHE NEW YORK STATE andTHE NEW YORK STATE BOARD OFELECTIONS, -Defendants.

STATE OF NEW YORK)s.s.COUNTY OF ALBANY)

ROBERT A. BREHM, being duly sworn deposes and says:1. That he is the Co-Executive Director of the New YorkState Board of Elections ("State Boardn) so appointed by theDemocratic Commissioners of the State Board, Evelyn J. Aquilaand Douglas A. Kellner.2. That he makes this Affidavi t to explain thecircumstances which lead to the filing of the "Kellner/AquilaProposed Calendarn attached hereto as Exhibit "An in response tothe January 27th Order of this Court.3. Commissioners Aquila and Kellner read the January 25thOrder of this Court as imposing upon the State Board theobligation of providing not just a proposed calendar but aproposed calendar that is viable and which points out to theCourt those areas of state law which must be superseded and


4/22

recommendations as to how best to cure the defects in thecurrent state statutory framework as it ,pertains to the 2012Non-Presidential Federal Primary and the 2012 General Electionfor federal offices.4. Many of the issues raised in the Kel lner / AquilaCalendar were first brought to the attention of the Court in theState Board's filing of December 19, 2011 in Exhibits "A" and"B" of that filing.5. Commissioners Aquila and Kellner's current submissionis one which goes beyond merely mechanically backing up datesfrom the old September Primary to the new June Primary andincludes suggestions as to how to make up the eighteen (18) daysof ballot access, certification, preparation, proofing, creationand transmittal time which are lost when the date for sendingout military ballots changed from thirty-two (32) to forty-five(45) days before the primary in compliance wi th the MOVE Act andthe dates to certify candidates for federal office changed fromthirty-six (36) to Fi fty-four (54) days prior to the federalpr imary .6. The proposed Kellner / Aquila Calendar also recognizesthat the county boards of elections had difficul ty complyingwith the state law requiring that absentee ballots be sent outthirty-two (32) days before an election and at tempts to compress

2


5/22

the ballot access timeframe to allow for an adequate, length oftime to complete ballot access and judicial review thereof so asto allow for the timely transmi ttal of mili tary and overseasfederal ballots.7. The legend for the Kel lner / Aquila Calendar is qui tesimple, "CO" refers to dates which must be superseded to complywith the Court's January 27th Order. "KA" refers to thesuggestions of Commissioners Aquila and Kellner where datechanges are not automatic or where there is a need to move datesto ensure compliance with the MOVE Act.8 . The initial point of analysis ls the suggestion thatwi th respect to the 2012 Non-Presidential Primary for FederalOffice the total number of days for the circulation ofdesignating petitions be reduced by ten (10) days from thirty-eight (38) to twenty-eight (28) days (See Items KA-1 to KA-2 onExhibi t "A"). This is suggested as being consistent wi th howNew York handled the 1992 Elections when redistricting shortenedthe available ballot access time. In 1992 the number of daysallowed for the circulation of designating peti tions was limi tedto nineteen (19) days but correspondingly the number ofsignatures required was cut in half from 5% of the enrollment to2.5% (See Chapter 135 of the Laws of 1992 annexed hereto asExhibi t "Bn).

"-'


6/22

9. What the Kellner/Aquila Calendar recommends to theCourt at Item KA-2 is very similar, in that to compensate forthe shortened circulation time, the number of signatures relatedto designating peti tions for the federal primary required byElection Law 6-136 should also be reduced. The designatingpetition signature requirements would be reduced by 25% from 5%to 3.75% of the enrolled voters of the poli tical party in thepoli tical uni t or the following, whichever is less:

The entire state (US Senate) 15,000 reduced to 11,250(wi th at leas t 75 or 3. 75% of enrolled voters from each of one-half of the Congressional Districts)

For any Congressional District 1250 is reduced to 938.10. Items KA-3 through KA-6 are keyed to the suggesteddates from KA-1 and KA-2.11. In recogni tion of the Passover Holiday, the time tofile designating peti tions is actually enlarged, from April 10,2012 to April 16, 2012.12. It is my understanding that the purpose of thisproceeding and the purpose of this Court's October 10, 2010Order was to insure that UOCAVA voters not be disenfranchised bythe fact that ballots from the various boards of elections inNew York would not be sent out forty-five (45) days in advance

4


7/22

of the election as required by the MOVE Act but for whichcompliance was waived in 2010.13. As there were no changes proposed in the time tocollect Opportuni ty to Ballot (Wri te-In Primary Designations) orIndependent Nominating Petition dates, there was no change inthe numer of such signatures required. However Items KA-7through KA-9 do change the Opportunity to Ballot filing dates.14. Items KA-10 and KA-11 recognize the need to movecertain nominations for President and other federal offices to adate which will accommodate MOVE Act compliance.15. In a further attempt to provide for a reduction in thetime consumed in the ballot access process, Commissioners Aquilaand Kellner propose that the Court supersede Election Law 1-106by imposing a further requirement that all certificates andpetitions of designation, certificates of acceptance ordeclination of such designations i certificates of authorizationfor such designations, certificates of disqualification,certificates of substi tution for such designations andobjections and specifications to such certificates and petitionsfiled by mail on the last day allowed for filing must be made byovernight delivery and be received within one business day ofsuch last day to file. This would reduce the loss of time as afiling makes its way by regular mail from distant ends of the

5


8/22

state (See Item KA-2) .WHEREFORE affiant prays that the Court accept the

Kellner/Aquila Proposed Calendar and So Order same.

February 1, 2012 Cl~:f~

6


9/22

EXHIB IT "A"


10/22

TABLE OF POLITICAL CALENDAR EVENTS ADJUSTED TO COMPLY WITH COURT ORDER IMPLEMENTING THE MOVE ACTThe Federal MOVE Act requires military and special federal ballots to be sent out 45 days prior to an election for federaloffice. Here's a summary ofthe key changes.The following table shows the events that occur in the political calendar grouped by topic. The left hand column indicatesthe sections of law that would need to be superseded in order to comply with the Court Order to send out the militaryballots by the 45th day before both the federal primary and the general election.The table also applies the statutory rule of moving filing dates if the last day for filing shall fall on a Saturday, Sunday orlegal holiday, the next business day shall become the last day for filing. Election Law 1-106The issue of redistricting all state and federal district lines is not addressed by this calendar; however the calendar would benegatively impacted by a failure to complete redistricting necessary for ballot access to occur.This proposed calendar, once adopted, requires DOJ Section 5 pre-clearance which may also impact implementation.Designating Petitions for Federal Office/Federal Primary Election:

. Total number of days to circulate is reduced by 10 days from 38 days to 28 days.

. First Date to circulate designating petition for federal office is March 20, 2012

. Dates to file designating petitions are April 10, 2012 to April 16, 2012. (Dates are adjusted for Passover)

. Notwithstanding the provisions of 6-136 of the election law, the number of signatures required on designatingpetitions for federal offce in the year 2012 should be changed to:a The Designating petitions signature requirements (excluding Opportunity to Ballot) for any federal offce

to be filled by the voters ofthe entire state (US Senate) shall be reduced by 25%; as well as the number ofsignatures required of enrolled voters in one-half of the congressional districts in the state should bereduced'by 25% from 100 signatures to 75 signatures.

a The Designating petition signature requirements (excluding Opportunity to Ballot) for any federal office(Rep in Congress) for the Federal Primary shall be reduced by 25%.

a Such signature reductions do not apply to: OTB as the total number of days to remains 23 days. Nominating petitions by independent bodies for federal office as those petition dates are notaltered by this plan.

Opportunity to Ballot Petitions for Federal Office/Federal Primary Election:. Total number of days to circulate OTB petitions for federal office remains 23 days. First Date to circulate OTB petitions for federal office is changed to March 28, 2012. Last date to file OTB is changed to April 19, 2012

Except further To provide for the reduction in time to process designations and allow an administrative process forobjections, and judicial review, we should require as part of this plan the following:

For the 2012 Federal Primary Election, that all certificates and petitions of designation, certificates of acceptanceor declination of such designations, certificates of authorization for such designations, certificates ofdisqualification, certificates of substitution for such designations and objections and specifications of objectionsto such certificates and petitions required to be filed with the state board of elections or a board of electionsoutside of the city of new york shall be deemed timely filed and accepted for filng if sent by mail or overnightdelivery service (as defined in CPLR 2103(b)(6)) in an envelope postmarked or showing receipt by the overnightdelivery service prior to midnight of the last day of filing, and received no later than one business days after thelast day to file such certificates, petitions, objections or specifications.


11/22

Summary of Current Statutory Text SECTION OF Comments(CO#= Changes in law to comply with Court Order) LAW Date(impacted dates in bold)

Certification of Federal Primary ElectionCertification of Federal Primary ballot by

CO-1 SBOE of designations filed in its office 54 4-110 5/3/12days before federal primary.

Determination of candidates for federalCQ-2 office; CBOEs - 53 days before federal 4-114 5/4/12

primary,i .' Federal Primary Election. " ' . .d,

Federal Primary (June) Court Order 6/26/12

Canvass of Primary Returns by County 9-200(1) 7/5/12Board of ElectionsRecanvass of Primary Returns 9-208(1) 7/11/12Verifiable Audit of Voting Systems 9-211(1) 7/3/12

, Certification of General ElectionCertification of offices to be filled at 4-106(1)(2) 3/6/12General Election

6-158(14)Vacancies to be filled at General Election 9/19/12Pub Off42(1)

Certification of General Election ballotCO-3 by SBOE of federal nominations filed in 4-112 (1)its office to be completed 54 days 9/13/12

before General Election.

CQ-4 Determination of federal candidates andquestions; CBOEs - 53 days before 4-114 9/14/12General ElectionCertification of General Election ballotby SBOE of state/local nominations fied 4-112 (1)in its office to be completed 36 days 10/1/12before General Election.

1


12/22

Summary of Current Statutory TextSECTON OF Comments(CO#= Changes in law to comply with Court Order) LAW Date

(impacted dates in bold)Determination of state/local candidatesand questions; CBOEs - 36 days before 4-114General Election 10/2/12

General Election

General Election 8-100 (l)(c) 11/6/12Party Designations

.' , Designating Petitions for the Federal PrimaryFootnote: Except in 2012 forFederal Primary Election, signaturemade earlier than March 20, 2012

First day for signing designating on designating petitions for theKA-1 petitions. 6-134 (4) 3/20/12 Federal Primary Election shall notbe counted. Changes to 27 daysbefore the federal primary electionrather than 37 days as provided instatute.Footnote: Except in 2012 forFederal Primary Election,designating petition shall be filednot earlier than April 10th, and notlater than April 16th before thepreceding Federal Primary Election.The total number of days is reducedto provide sufficient time to process

4/23/12- such designations once fied, andthe dates to file are altered in4/26/12 but recognition of Passover (April 6 -Dates for filng designating petitions for should be 14).KA-2 primary. 6-158 (1) changed to4/10/12- Due to the compression in the4/16/16 calendar, designating petitionsignature requirements for the

federal primary election, excludingOpportunity to Ballot, should bereduced by 25% and the timecompressed to receive documents

, sent by overnight mail to not laterthan one business day after the lastdate to file for filings made at StateBoard or County Boards outside ofthe City of NY. (1-106)

KA-3 Last day to authorize designations. 6-120 (3) 4/20/12 Issues KA-3 to K-6 are based on thedate set in KA-2.KA-4 Last day to accept/decline a designation. 6-158 (2) 4/20/12

2


13/22


KA-5 Last day to fill vacancy after declination 6-158 (3) 4/24/12Last day to file authorization of 4/30/12 (*KA-6 substitution after a declination. 6-120 (3) 4/28 Sat)

Opportunity to Ballot Petitions for the Federal PrimaryFootnote: Except in 2012 forFederal Primary Election, signature

KA-7 First day for signing. 6-164 3/28/12 made earlier than March 28, 2012on opportunity to ballot designatingpetitions for the Federal PrimaryElection shall not be counted.Footnote: Except in 2012 forFederal primary Election, petition ofenrolled members of a partyrequesting an opportunity to writein the name of an undesignated

5/1/12 but candidate for a federal public officeat a federal primary election shall 6-158 (4) should change be filed not later than the gll 10thKA-8 Last day to file petitions. to Thursday preceding the federal4/19/12 primary election.

The statutory deadline is 2 daysprior to CQ-1 deadline to certify thefederal primary candidates/officesand does not provide sufficient timefor administrative or judicial review.Footnote: Except in 2012 forFederal primary election, If adesignating petition has been filedand the person named has declined

5/10/12 but such designation, and anotherLast day to file an OTB petition if there should change person has been designated to fillKA-9 has been a declination by a designated 6-158 (4) to the vacancy, then in that event, acandidate. 4/26/12 petition for an opportunity to ballotin a primary election for federaloffice shall be filed not later thanthe -7 (11th) Thursday precedingsuch federal primary election.

.. Party Nominations Other than Primary for Federal OffceDates for holding state committee 2/28/12-meeting to nominate candidates for 6-104(6) 3/20/12federal statewide office

3


14/22


Except in 2012, a certificate of partynomination of candidates forelector of president and vice-president of the United States shallbe filed not later than fsYFteeRLast day for filing nominations of E1a'/i; after nie fall pri",aF\'KA-lO electors for president by a party 6-158 (6) 9/10/12 elestisR,(57 days before thecommittee. general election)Based on current NYS Statute thisdate would be 9/25/12, 3 daysafter the deadline to transmitUOCA V A ballots.

Last day to file certificates of 7 days aftl;r la Federal primaryKA-11 nomination to fill vacancies in federal 6-116 7/3/12offce created pursuant to 6-116. election.Last day to accept or d~cline a 6-158 (7) 7/6/12nomination.Last day to file authorization ofnomination. 6-120 (3) 7/9/12

Last day to fill a vacancy after adeclination. 6-158 (8) 7/10/12

INDEPENDENT PETITIONSFirst day for signing nominating 6-138 (4) 7/10/12petitions.Dates for fil ing independent nominating 6-158 (9) 8/14/12-petitions. 8/21/12Last day to accept or declinenomination. 6-158 (11) 8/24/12

Last day to fill a vacancy after adeclination. 6-158 (12) 8/27/12

Last day to decline after acceptance ifnominee loses party primary. 6-158 (11) 9/14/12

4


15/22


.. VOTER REGISTRATION ...

Federal Prirnary ElectionMail registration:Last day to postmark application and 5-210 (3) 6/1/12-6/6/12last day it must be received by board ofelections.In person registration:Last day application must be received by 5-210, 6/1/12board of elections to be eligible to vote 5-211, 5-212in primary election.Change of Address 5-208 (3) 6/6/12

VOTING BY ABSENTEE BALLOTFor Federal. Primary ..

Last day to postmark application for 8-400(2)(c) 6/19/12ballot.Last day to apply in person for a ballot. 8-400(2)(c) 6/25/12Last day to postmark ballot and date it 6/25/12-must be received by the board of 8-412(1) 7/3/12elections.Last day to deliver ballot in person tothe county board. 8-412(1) 6/26/12Miltary/Special Federal (UOCAVA) Voters for Federal Primary .

Last day for a BOE to receive application 10-106(5) 6/1/12for ballot if not previously registered. 11-202Last day for a BOE to receive application 10-106(5) 6/19/12if previously registered. 11-204(4)Last day to apply personally if previously 10-106(5) 6/25/12registered.

Ballots for UOCAVA voters shall beCO-5 Date to send out Military/Special 10-108(1) 5/12/12 mailed or otherwise distributed 32Federal ballots. 11-204(4) (45 davsJ (45)days before a primary F

g8R8Fai election

Last day to post mark Military/Special 10-114(1) 6/25/12-Federal ballot and date it must bereceived by the board of elections. 11-212 7/3/12

5


16/22

Summary of Current Statutory TextSECTION OF Comments(CO#= Changes in law to comply with Court Order) LAW Date

(impacted dates in bold)Miltary/Special Federal (UOCAVA) Voters for General,

Last day for a BOE to receive application 10-106(5) 10/27/12for ballot if not previously registered.Last day for a. BOE to receive application 11- 10/30/12for ballot 202(1)(b)(c)Last day for a BOE to receive application 10-106(5) 10/30/12if previously registered. 11-204(4)Last day to apply personally if previously 10-106(5) 11/6/12registered.

Footnote: Transmit Ballot forfederal office 9/21/12 (45 days SAT9/22/12). However, a second ballotwith only state/local

9/22/12 (45 offices/propositions would need toCO-6 First day to mail ballot to 10-108(1) days) be transmitted ONLY to MilitaryMilitary/Special Federal voter 11-204(4) voters thereafter who previously

received only federal ballot. LateMilitary applicants would receiveballot(s) for both federal andstate/local/props.

Last day to postmark Military/SpecialFederal ballot and date it must be 10-114(1) 11/5/12received by the board of elections 11-212 11/19/12

6


17/22

EXHIB IT "B"


18/22

1992 REGULAR SESSION Ch. 135any federal, state or municipal bond or debenture pledged as security therefor; provided,however, where such shares are pledged to secure more than one loan such shares may bededucted only once in each fiscal year for the purposes of this section.4. If the regulations of the National Credit Union Administration regarding loan lossreserves require a credit union to reserve an amount not required by this section, a creditiin shall reserve that amoOnt.

5. Subdivision 1 of section 468 of the banking law, as amended by chapter 348 of thelaws of 1986, is amended to read as follows:1. The board of directors of every credit union shall have the general management ofthe affairs, funds and records of the corporation. The directors shall hold an annualmeeting within ten days after the annual meeting of shareholders for the purpose ofelecting officers, including a preBident chief executive officer from their own number, oneor more 'lice pre;dents assistant executive officers, a Becretary and a- treaBurer financialofficer, a recording officer, and such other officers and committees committee membersfthe corporation as are required by the by-laws to be elected annually. If the by-lawsso provide the directors may elect the same person as secretary and treasurer. Nomember of the board of directors shall receive any compensation for his services as amember of the board. Whenever the directors shall deem any loan unsafe they may, intheir discretion, require additional security to be given by the borrower, and if suchsecurity is not furnished as required by them, they may declare the loan due and takection to collect the same. Complete minutes of all meetings of directors shall be keptwhich shall include the names of the directors present. 6. Subdivision 1 of section 468-a of the banking law, as added by chapter 849 of thelaws of 1964, is amended to. read as follows:1. Directors and officers shall discharge the duties of their respective positions ingood faith and with that degree of diligence, care and skill which prudent men would

exercise under similar circumstances in like positions. In discharging their duties,directors and officers, when acting in good faith, may rely (a) upon financial statements~f the credit union represented to them to be correct by the preEidont chief executive:officer or the officer of the credit union having charge of the books of account, or statedin a written report by an independent public or certified public accountant or firm of such,ecountants fairly to reflect the financial condition of such credit union, and (b) uponreport required to be submitted to them by any provision of this chapter or prepared inthe ordinary course of business by an officer or committee charged with the responsibilitytherefor. Nothing in this section shall be deemed to require the directors to performfunctions vested in any committee, officer or other person pursuant to the provisions ofany other section of this chapter.' 7. This act shall take effect immediately.

ELECTION CALENDAR FOR 1992CHAPTER 135

A. 11784Approved June 9, 1992, effective as provided in section 5

~';-!_-;.;'::;~W:._--.;/~Hl~'!CTtu amend the election law, in relation to making special provisions for the poliical:"'(.):,:.e.I~l!dar in the year nineteen hundred ninety-two and providing for the expiration and',iepal' of section 13-100 of the eletion law and sections two, three and four of this' act:~)'elating thereto

,.gThePeople of the State of New York, represented in Senate and Assembly, do enact~follows:Additions are indicated by underline; deletions by st 685


19/22

Ch. 135 LAWS OF NEW YORK 1. The election law is amended by adding a new section 13-100 to read as follows:

13-100. Special provisions as to the time for designating, nominating and electi'!candidates for the year nineteen hundred ninety-twoNotwithstanding the time fixed by the provisions of this chapter for the proceedings to

be taken for the designation, nomination and election of candidates at a primary andgeneral election, the time fixed for the designation, nomination and election of candidatesand the necessary proceedings relating thereto, for the primary and general election forthe year nineteen hundred ninety-two shall be as follows:

1. Meetings of state committees to designate party candidates for offices to be filedby the voters of the entire state, as provided for in section 6-104 of this chapter, shall beheld not earlier than the nineteenth day of May and not later than the ninth day of June.2. The last day for filing the statement of party positions to be filed at the primar~election as provided for in section 8-100 of this chapter shall be on the ninth day of Juli

3. The first day for signing designating petitions for primary elections shall be theninth day of July.4. The first day for signing independent nominating petitions pursuant to. section6-138 of this chapter shall be the sixteenth day of July.5. The first day to sign petitions for opportunity to ballot in primary elections withoutnaming a candidate shall be the twenty-second day of July.6. Designating petitions for primary elections shall be filed no earlier than the twenty-

third day of July and no later than the twenty-seventh day of July.7. The last day to file an authorization of a designation pursuant to section 6-120 ofthis chapter shall be the thirty-first day of July.8. The last day to file a certificate of acceptance or declination of a designation asprovided for in section 6-146 of this chapter shall be the thirty-first day of July.9. The last day to file a petition for opportunity to ballot without naming a candidateshall be the third day of August.10., The last day to file a certificate to fill a vacancy in a designation caused by a

declination as provided for in section 6-148 of this chapter shall be the fourth day ofAugust.11. A petition for an independent nomination for an office to be filed at the generalelection shall be filed no earlier than the twenty-fourth day of August and no later thanthe twenty-seventh day of August.12. The last day to file petitions for opportunity to ballot without naming a candidateafter a declination shall be the tenth day of August.13. The state board of elections shall, not later than the fourteenth day of August,transmit to each county board of elections the certification prescribed by section 4-110 ofthis chapter.14. The last day to mail military ballots for the primary election in the year nineteenhundred ninety-two pursuant to the provisions of subdivision one of section 10-108 of thischapter shall be the twentieth day of August.15. A certificate of acceptance or declination of an independent nomination shall be

fied no later than the thirty-first day of August, except that a candidate who files such a, certificate of acceptance for an office for which there have been fied certificates orpetitions designating more than one candidate for the nomination of any party m~thereafter fie a certificate of declination not later than the eighteenth day of Septemb~16. A certificate to fil a vacancy caused by declination of an independent nominatiQ!shall be filed not later than the fourth day of September.17. There shall be one primary election held in the year nineteen hundred ninety-t~pursuant to paragraph (a) of subdivision one of section 8-100 of this chapter and su~election shall be held on the fifteenth day of September.

686 Additions are indicated by underline; deletions by It

H


20/22

1t"~

4.~.''~'...

~

"

1992 REGULAR SESSION Ch. 13518. A certificate of a party nomination for a candidate for election to a town or vilag-eoffice to be filed at the g-eneral election and which nomination was made at a town or

Viag-e caucus or by a party committee, as prescribed by the rules of its party under thefovisions of section 6-108 of this chapter, shall be filed not later than September twenty-second.--19. A certificate to fil a vacancy described in section 6-116 ora certificate to fil avacancy in a nomination caused by death or disqualification shall be filed no later thanSeptember twenty-second except that certificates to fil such vacancies which occur afterSeptember eig-hth shall be filed no later than fourten days after the creation of such~cancy.

20. A judicial district convention for nominating- candidates for public office shall beheld not earlier than September twenty-second nor later than September twenty-eig-hth.21. A certificate of acceptance or declination of a party nomination made at a town orvillag-e caucus under the provisions of section 6-108 of this chapter, for an office to be

filed at the g-eneral election shall be fied not later than September twenty-fifth preceding-such election.22. A certificate to fil a vacancy caused by declination of a party nomination made at

a town or vilag-e caucus under the provisions of section 6-108 of this chapter, for anoffice to be filed at the g-eneral election shall be filed not later than September twenty-ninth precedingsuch election.

23. A certificate of party nomination made at a judicial district cOnvention for anoffice to be filed at the g-eneral election shall be filed not later than September twenty-ninth.'24. A certiiicate of acceptance or declination whenever required of a party nominationmade ata judicial district convention, for an office to be filed at the g-eneral election shallbe filed not later than October second.

25. A certificate to fil a vacancy caused by declination of a party nomination made ata judicial district convention, for an office to be filed at the g-eneral election shall be fiednot later than October sixth.'26. The state board of elections shall, not later than September thirtieth preceding- thegeneral election, certify to the board of elections of each county, and to the board of

elections in the city of New York, the information required by section 4-112 of thischapter. If a certificate of a nomination to fil a vacancy caused by death be filed withthstate bQardof elections after the sending- of such certificate to the board of elections,it. shall transmit forthwith a statement of such nomination to the proper board ofelections. '7. The last day to mail miltary ballots for the g-eneral election in theyear nineteenhundred, ninety-two pursuant to the provisions of subdivision one of section 10-108 of thisehiPter, shall be the fifth day of October.,.~. Notwithstanding- any other pFovisions of law, where a . vacancy occurs less, than~~en days before the last day for. the filng- of an independent petition for an office to~~fi.lledat the time of a g-eneralelection,or after the last day to fie an independent~tition,:such petition may be fied for the said office within fourten days after the~ca~cy Occurs. A certificate of acceptance or declination in such an event shall be fid,,.thin ~o days thereafter and a certificate to fil a vacancy caused by declination shall be~d within two days after such declnation has been filed.j~. NnLVithstanding'a~y other provision oJ law, the board of~lections shallca~se anyffutee,military or special federal ballot for the g-eneral election in the year nineteen'.~dred ninety-tw~, contained.i~ an envelope ,showing- a ~ancel.lation mark or th~ United,..~., Postal Service, or a foreign country's ~ostal service Wit~ a date which is ascer-~edtQ be not later than November second, nineteenhundred ninety-two, to be cast and,~assed;. provided that .such ballots are r~ceived by such board of elections not later

/~ Nove!lber tenth, nineten hundred ninety-tw:o. Such ballots shall be cast and~sed m the same manner as other ballots received by such board.Additions are indicated by underline; deletions by &l 687


21/22

Ch. 135 LAWS OF NEW YORK 2. Notwithstanding the provisions of section 6-136 of the election law, the number

of signatures required on designating petitions in the year nineteen hundred ninety-twoshall be as follows:1. Designating petitions for any office to be filed by the voters of the entire statemust be signed by not less than ten thousand or 2.5 per centum, whichever is less, of thethen enrolled voters of the party in the state, of whom not less than fifty or 2.5 percentum, whichever is less, of such enrolled voters shall reside in each of one-half of thecongressional districts of the state.

2. All other designating petitions must be signed by not less than 2.5 per centum, asdetermined by the preceding enrollment, of the then enrolled voters of the party residingwithin the political unit in which the office or position is to be voted for, provided,however, that for the following public offices the number of signatures need not exceedthe following limits:

(a) For any office to be filled by all voters of the city of New York, five thousandsignatures;(b) For any office to be filed by all the voters of any county or borough within the cityof New York, twenty-five hundred signatures;(c) For any office to be filed in the city of New York by all the voters of any municipalcourt district, seven hundred fifty signatures;(c-1) For any office to be filed in the city of New York by all the

voters of any citycouncil district from which members of the city council other than the president of thecouncil are elected, four hundred fifty signatures;

(d) For any office to be filed by all the voters of cities or counties, except the city ofNew York and counties therein, containing more than two hundred fifty thousandinhabitants according to the last preceding federal enumeration, one thousand signatures;(e) For any office to be filed by all the voters of cities or counties containing more thantwenty-five thousand and not more than two hundred fifty thousand inhabitants, accord-

ing to the last preceding federal enumeration, five hundred signatures;(f) For any office to be filed by all the voters of any other city or county, or of acouncilmanic district in any city other than the city of New York, two hundred fiftysignatures;(g) For any office to be filed by all the voters of any congressional district, six hundredtwenty:five signatures;(h) For any office to be filed by all the voters of any state senatorial district, fivehundred signatures;(i) For any office to be filed by all the voters of any assembly district, two hundredfifty signatures;(j) For any office to be filed by all the voters of any political subdivision, except asherein otherwise provided, contained within another political subdivision, not to exceed thenumber of signatures required for the larger subdivision;(k) For any other office to be filed by the voters of political subdivision containing -more than one assembly district, county or other political subdivision, not to exceed the

aggregate of the signatures required for the subdivisions or part of subdivisions socontained; and(i) For any county legislative district, two hundred fifty signatures.3. The number of signatures on a pet.ition to designate a candidate or candidates forthe position of delegate or alternate to a state or judicial district convention or member of

the state committee or assembly district leader or associate assembly district leader neednot exceed the number required for member of assembly. 3. Notwithstanding any other provision of law, in the year 1992,' no court shallenjoin the printing and distribution of absentee, military and special federal ball.otsbecause of the pendency of any proceeding brought pursuant to the provisions of articlesixteen of the election law.t688 Additons are indicated by underline; deletions' by st

1992i Ele

memthe cof se

the eshalact s1994

~,ij)-;~:;i

AN

, Tas f, rea

lspetrsresre.:.:-1


22/22

kellenr aquila filing

Documents