State of

New York

STATE BOARD OF ELECTIONS

~ames A. Walsh

40 STEUBEN STREET ALBANY, N.Y. 12207

Phone: 518/474-6367 Fax: 518/486-4546

----i I

Todd D. Valentine
Executive Direelor

Douglas A. Kellner

Robert A. Brehm
Executive Director

Chair
regon' tChair P. Peterson
I Com~jssioner
IEvel~'n J. Aquila i Commissioner !

Kimberl~' A. Galvin Special Counsel

Paul M. Collns

i----~-._----------------.~T-~----~. L~___________
February 1,2012
Hon. Gary L. Sharpe United States Distiict Court
for the Northern District of New York James T. Foley United States Courthouse 445 Broadway, Room 441 Albany, New York 12207

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

Deputy Counsel

Re: United States v. State of

New York, et. al Civil 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 the Court with a proposed non-presidential federal piimary election calendar implementing the Court's selection of June 26, 2012 as the non-presidential federal primary date.
Elections is comprised of

As Your Honor is well aware, the State Board of

four (4) members and pursuant

to 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 electionrelated deadlines which should be set by the Court in any Order implementing the Court's Janaury 2ih Decision and Order, I must file, on behalf of Commissioners Aquila and Kellner the enclosed Proposed Calendar for the 2012 Non Presidential Primary Election. As Your Honor can see, there is some agreement within the State Board as to the actual movement of dates where those dates are simply triggered by a number of days back from the primary. Where there is disagreement is in the role of the State Board, as an administrative agency, in proposing to the Court changes in state statutes to accommodate the requirements of the MOVE Act.
The enclosed enclosed Proposed Calendar for the 2012 Non Presidential Primary Election submitted on behalf of Commissioners Aquila and Kellner presents to the Court their best estimate as to what state statutes must be superceded and offers to the Court their views as to the manner in which they should be superceded. Perhaps the best example of this is in the diminution of the number of days for circulating designating petitions, the proportionate diminution in the required number of signatures which must be collected and the expansion of the filing dates to accommodate Passover. The goal of the Aquila/Kellner Calendar is to provide the Court with workable dates which, if adopted, will result in a successful effort at

MOVE Act compliance in the June 26th Non Presidential Primary Election. It is the view of Commissioners Aquila and Kellner that in some instances, merely moving dates back from the primary date is insufficient to accommodate full MOVE Act compliance, and there must be some compression of the time frames to allow for full compliance, nothwithstanding that the State Board, as an administrative agency lacks legislative authority.
Commissioners Aquila and Kellner view your charge to them as one requiring them to present you with their best judgment as to how to what changes must be made to ensure the June 26th Primary is conducted in 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 federal primary election in that takes place in New York State. It also contains specific dates as suggestions to the Court as to how the primary may be best run, given the short period of time between now and June 26th. It is the belief of Commissioners Aquila and Kellner that in order to go from a primary calendar which previously required absentee ballots be sent out thirty-two (32) before the primary to one in which the military and federal voter"s ballots are sent out forty-five (45) days in advance of the primary there must be some time compression of the events leading up to the primary and their proposed calendar makes specific proposals in that regard.
As always, we stand ready to assist the Court and the parties in any way that we can.

Paul M. Collins Deputy Special Counsel Bar Roll No.1 01384

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,
1 O-CV -1214

- Pl ainti ffs,

-against-

Affidavit

THE NEW YORK STATE and THE NEW YORK STATE BOARD OF ELECTIONS, -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 York

State Board of Elections ("State Boardn) so appointed by the

Democratic Commissioners of the State Board, Evelyn J. Aquila

and Douglas A. Kellner.

2.

That he makes this Affidavi t to explain the

circumstances which lead to the filing of the "Kellner/Aquila

Proposed Calendarn attached hereto as Exhibit "An in response to
the January 27th Order of this Court.

3.

Commissioners Aquila and Kellner read the January 25th

Order of this Court as imposing upon the State Board the

obligation of providing not just a proposed calendar but a

proposed calendar that is viable and which points out to the Court those areas of state law which must be superseded and

recommendations as to how best to cure the defects in the

current state statutory framework as it ,pertains to the 2012

Non-Presidential Federal Primary and the 2012 General Election

for federal offices.

4.

Many of the issues raised in the Kel lner / Aquila

Calendar were first brought to the attention of the Court in the State Board's filing of December 19, 2011 in Exhibits "A" and
"B" of that filing.

5. Commissioners Aquila and Kellner's current submission

is one which goes beyond merely mechanically backing up dates

from the old September Primary to the new June Primary and
includes suggestions as to how to make up the eighteen (18) days

of ballot access, certification, preparation, proofing, creation

and transmittal time which are lost when the date for sending
out military ballots changed from thirty-two (32) to forty-five
(45) days before the primary in compliance wi th the MOVE Act and

the dates to certify candidates for federal office changed from

thirty-six (36) to Fi fty-four (54) days prior to the federal

pr imary .

6.

The proposed Kellner / Aquila Calendar also recognizes

that the county boards of elections had difficul ty complying

with the state law requiring that absentee ballots be sent out
thirty-two (32) days before an election and at tempts to compress
2

the ballot access timeframe to allow for an adequate, length of

time to complete ballot access and judicial review thereof so as

to allow for the timely transmi ttal of mili tary and overseas

federal ballots.
7. The legend for the Kel lner / Aquila Calendar is qui te
simple, "CO" refers to dates which must be superseded to comply
with the Court's January 27th Order. "KA" refers to the

suggestions of Commissioners Aquila and Kellner where date

changes are not automatic or where there is a need to move dates
to ensure compliance with the MOVE Act.
8.

The initial point of analysis ls the suggestion that

wi th respect to the 2012 Non-Presidential Primary for Federal

Office the total number of days for the circulation of

designating petitions be reduced by ten (10) days from thirty-

eight (38) to twenty-eight (28) days (See Items KA-1 to KA-2 on

Exhibi t "A"). This is suggested as being consistent wi th how

New York handled the 1992 Elections when redistricting shortened

the available ballot access time. In 1992 the number of days

allowed for the circulation of designating peti tions was limi ted
to nineteen (19) days but correspondingly the number of

signatures required was cut in half from 5% of the enrollment to

2.5% (See Chapter 135 of the Laws of 1992 annexed hereto as
Exhibi t "Bn).
-'

"

9.

What the Kellner/Aquila Calendar recommends to the

Court at Item KA-2 is very similar, in that to compensate for the shortened circulation time, the number of signatures related
to designating peti tions for the federal primary required by

Election Law 6-136 should also be reduced. The designating

petition signature requirements would be reduced by 25% from 5%
to 3.75% of the enrolled voters of the poli tical party in the

poli 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 onehalf of the Congressional Districts)

For any Congressional District 1250 is reduced to 938.

10.

Items KA-3 through KA-6 are keyed to the suggested

dates from KA-1 and KA-2.

11.

In recogni tion of the Passover Holiday, the time to

file designating peti tions is actually enlarged, from April 10,

2012 to April 16, 2012.

12.

It is my understanding that the purpose of this

proceeding and the purpose of this Court's October 10, 2010 Order was to insure that UOCAVA voters not be disenfranchised by
the fact that ballots from the various boards of elections in

New York would not be sent out forty-five (45) days in advance

of the election as required by the MOVE Act but for which

compliance was waived in 2010.

13.

As there were no changes proposed in the time to

collect Opportuni ty to Ballot (Wri te-In Primary Designations) or

Independent Nominating Petition dates, there was no change in

the numer of such signatures required. However Items KA-7

through KA-9 do change the Opportunity to Ballot filing dates.

14.

Items KA-10 and KA-11 recognize the need to move

certain nominations for President and other federal offices to a

date which will accommodate MOVE Act compliance.

15.

In a further attempt to provide for a reduction in the

time consumed in the ballot access process, Commissioners Aquila

and Kellner propose that the Court supersede Election Law 1-106

by imposing a further requirement that all certificates and

petitions of designation, certificates of acceptance or
declination of such designations i certificates of authorization

for such designations, certificates of disqualification,

certificates of substi tution for such designations and

objections and specifications to such certificates and petitions

filed by mail on the last day allowed for filing must be made by
overnight delivery and be received within one business day of

such last day to file. This would reduce the loss of time as a
filing makes its way by regular mail from distant ends of the
5

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~

EXHIB IT "A"

TABLE OF POLITICAL CALENDAR EVENTS ADJUSTED TO COMPLY WITH COURT ORDER IMPLEMENTING THE MOVE ACT
The

Federal MOVE Act requires military and special federal ballots to be sent out 45 days prior to an election for federal

office. 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 indicates the sections of law that would need to be superseded in order to comply with the Court Order to send out the military ballots 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 or legal holiday, the next business day shall become the last day for filing. Election Law 1-106

The issue of redistricting all state and federal district lines is not addressed by this calendar; however the calendar would be

negatively 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 designating

petitions 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 of

signatures required of enrolled voters in one-half of the congressional districts in the state should be reduced'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 not
altered 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 for
objections, 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 acceptance

or declination of such designations, certificates of authorization for such designations, certificates of disqualification, certificates of substitution for such designations and objections and specifications of objections to such certificates and petitions required to be filed with the state board of elections or a board of elections outside of the city of new york shall be deemed timely filed and accepted for filng if sent by mail or overnight
delivery service (as defined in CPLR 2103(b)(6)) in an envelope postmarked or showing receipt by the overnight delivery service prior to midnight of the last day of filing, and received no later than one business days after the

last day to file such certificates, petitions, objections or specifications.

Summary of Current Statutory Text

SECTION OF

(CO#= Changes in law to comply with Court Order)

(impacted dates in bold)

LAW

Date

Comments

Certification of Federal Primary Election

Certification of Federal Primary ballot by SBOE of designations filed in its office 54
days before federal primary.

CO-1

4-110

5/3/12

Determination of candidates for federal

CQ-2

office; CBOEs - 53 days before federal

4-114

5/4/12

primary
,i .'
.

Federal Primary Election . "

Court Order

' .

.d,

Federal Primary (June)

6/26/12

Canvass of Primary Returns by County Board of Elections

9-200(1) 9-208(1) 9-211(1)

7/5/12
7/11/12

Recanvass of Primary Returns

Verifiable Audit of Voting Systems
,

7/3/12

Certification of General Election

4-106(1)(2)

Certification of offices to be filled at

General Election

3/6/12

6-158(14)

Vacancies to be filled at General Election

Pub Off42(1)

9/19/12

Certification of General Election ballot

CO-3

by SBOE of federal nominations filed in

its office to be completed 54 days

before General Election.

4-112 (1)

9/13/12

CQ-4

Determination of federal candidates and

questions; CBOEs - 53 days before

4-114

9/14/12

General Election

Certification of General Election ballot

by SBOE of state/local nominations fied

in its office to be completed 36 days

before General Election.

4-112 (1)

10/1/12

Summary of Current Statutory Text

SECTON OF

(CO#= Changes in law to comply with Court Order)

(impacted dates in bold)

LAW

Date

Comments

Determination of state/local candidates

and questions; CBOEs - 36 days before

4-114

General Election
General Election

10/2/12

General Election

8-100

(l)(c)

11/6/12

Party Designations
.'
,

Designating Petitions for the Federal Primary

Footnote: Except in 2012 for Federal Primary Election, signature made earlier than March 20, 2012
KA-1

First day for signing designating

petitions.

6-134 (4)

3/20/12

on designating petitions for the Federal Primary Election shall not

be counted. Changes to 27 days
before the

federal primary election

rather than 37 days as provided in

statute.
Footnote: Except in 2012 for Federal Primary Election, designating petition shall be filed
not earlier than April later than April preceding

10th, and not 16th before the Federal Primary Election.

4/23/124/26/12 but

The total number of days is reduced to provide sufficient time to process such designations once fied, and
the dates to file are altered in

KA-2

Dates for filng designating petitions for primary.

6-158 (1)

should be changed to 4/10/124/16/16

recognition of Passover (April 6 14).

Due to the compression in the

calendar, designating petition signature requirements for the

federal primary election, excluding

Opportunity to Ballot, should be reduced by 25% and the time compressed to receive documents
,

sent by overnight mail to not later than one business day after the last

date to file for filings made at State Board or County Boards outside of
the City of NY. (1-106)
KA-3

Last day to authorize designations.

6-120 (3) 6-158 (2)

4/20/12 4/20/12

Issues KA-3 to K-6 are based on the

date set in KA-2.

KA-4

Last day to accept/decline a designation.

Summary of Current Statutory Text

SECTION OF

(CO#= Changes in law to comply with Court Order)

(impacted dates in bold)
KA-5

LAW

Date

Comments

Last day to fill vacancy after declination

6-158 (3)

4/24/12
4/30/12 (* 4/28 Sat)
for the Federal Primary
Footnote: Except in 2012 for Federal Primary Election, signature made earlier than March 28, 2012

Last day to file authorization of

KA-6
substitution after a declination.

6-120 (3)

Opportunity to Ballot Petitions

KA-7

First day for signing.

6-164

3/28/12

on opportunity to ballot designating petitions for the Federal Primary

Election shall not be counted.

Footnote: Except in 2012 for

Federal primary Election, petition of enrolled members of a party requesting an opportunity to write in the name of an undesignated
5/1/12 but

KA-8

Last day to file petitions.

6-158 (4)

should change to

candidate for a federal public office at a federal primary election shall

be filed not later than the gll 10th

Thursday preceding the federal

4/19/12

primary election.

The statutory deadline is 2 days

prior to CQ-1 deadline to certify the federal primary candidates/offices and does not provide sufficient time for administrative or judicial review.

Footnote: Except in 2012 for Federal primary election, If a

designating petition has been filed

5/10/12 but

KA-9

Last day to file an OTB petition if there a designated candidate.

has been a declination by

6-158 (4)

should change to

and the person named has declined such designation, and another person has been designated to fill

the vacancy, then in that event, a

petition for an opportunity to ballot in a primary election for federal office shall be filed not later than
the -7 (11th) Thursday preceding

4/26/12

such federal primary election.

..

Party Nominations Other than Primary for Federal Offce

6-104(6)

Dates for holding state committee

meeting to nominate candidates for

federal statewide office

2/28/123/20/12

Summary of Current Statutory Text

SECTION OF

(CO#= Changes in law to comply with Court Order)

(impacted dates in bold)

LAW

Date

Comments

Except in 2012, a certificate of party nomination of candidates for

elector of president and vice-

president of the United States shall

be filed not later than fsYFteeR

Last day for filing nominations of

KA-lO

E1a'/i; after nie fall pri",aF\'

electors for president by a party

6-158 (6)

9/10/12

committee.

elestisR,(57 days before the

general election)
Based on current NYS Statute this

date would be 9/25/12, 3 days after the deadline to transmit

UOCA V A ballots.

KA-11

Last day to file certificates of nomination to fill vacancies in federal

offce created pursuant to 6-116.
Last day to accept or d~cline a

6-116

7/3/12

7 days aftl;r la Federal primary election.

nomination.
Last day to file authorization of nomination.

6-158 (7)

7/6/12

6-120 (3)

7/9/12

Last day to fill a vacancy after a

declination.

6-158 (8)

7/10/12

INDEPENDENT PETITIONS

First day for signing nominating petitions.

Dates for filing independent nominating

6-138 (4)

7/10/12
8/14/128/21/12

petitions.
Last day to accept or decline

6-158 (9)

nomination.

6-158 (11)

8/24/12

Last day to fill a vacancy after a

declination.

6-158 (12)

8/27/12

Last day to decline after acceptance if nominee loses party primary.

6-158 (11)

9/14/12

Summary of Current Statutory Text

SECTION OF

(CO#= Changes in law to comply with Court Order)

(impacted dates in bold)
..
VOTER

LAW

Date

Comments

REGISTRATION

...

Federal Prirnary Election

Mail registration: Last day to postmark application and

last day it must be received by board of elections.

In person registration:

5-210 (3)

6/1/12-6/6/12

Last day application must be received by

board of elections to be eligible to vote

5-210,
5-211, 5-212

6/1/12

in primary election.

Change of Address
VOTING

5-208 (3)

6/6/12

BY ABSENTEE BALLOT

For

Federal. Primary

..

Last day to postmark application for ballot.

Last day to apply in person for a ballot.

8-400(2)(c) 8-400(2)(c)

6/19/12 6/25/12
6/25/127/3/12

Last day to postmark ballot and date it must be received by the board of elections.
Last day to deliver ballot in person to the county board.

8-412(1)

8-412(1)

6/26/12

Miltary/Special Federal

(UOCAVA) Voters for

Federal

Primary

Last day for a BOE to receive application

10-106(5)

for ballot if not previously registered.

Last day for a BOE to receive application

6/1/12
6/19/12
6/25/12
Ballots for UOCAVA voters shall be

11-202
10-106(5)

if previously registered.

11-204(4)
10-106(5)

Last day to apply personally if previously registered.

CO-5

Date to send out Military/Special

10-108(1)

5/12/12
(45 davsJ

mailed or otherwise distributed 32

(45)days before a primary F
g8R8Fai election

Federal ballots.

11-204(4)

Last day to post mark Military/Special Federal ballot and date it must be
received by the board of elections.

10-114(1)

11-212

6/25/127/3/12

Summary of Current Statutory Text

SECTION OF

(CO#= Changes in law to comply with Court Order)

(impacted dates in bold)

LAW

Date

Comments

Miltary/Special Federal (UOCAVA) Voters for General

,

Last day for a BOE to receive application

for ballot if not previously registered.

Last day for a. BOE to receive application
for ballot

10-106(5)
11-

10/27/12

202(1)(b)(c)

10/30/12

Last day for a BOE to receive application

if previously registered.

10-106(5) 11-204(4)

10/30/12

Last day to apply personally if previously registered.

10-106(5)

11/6/12
Footnote: Transmit Ballot for federal office 9/21/12 (45 days SAT
9/22/12). However, a second ballot

with only state/local

9/22/12 (45

CO-6

First day to mail ballot to Military/Special Federal voter

10-108(1) 11-204(4)

offices/propositions would need to

be transmitted ONLY to Military voters thereafter who previously
received only federal ballot. Late

days)

Military applicants would receive

ballot(s) for both federal and

state/local/props.
Last day to postmark Military/Special
Federal ballot and date it must be

received by the board of elections

10-114(1) 11-212

11/5/12
11/19/12

EXHIB IT "B"

, NEW YORK

1992 REGULAR SESSION

Ch. 135

BRed by, B~
foro Bet fertl

any 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 be

::brBhi: aRG-

'l therefrom an
II Blanda-rag as Iy permitted by
ion, society or
lp in the credit

deducted only once in each fiscal year for the purposes of this section.
4. If the regulations of the National Credit Union Administration regarding loan loss

reserves require a credit union to reserve an amount not required by this section, a credit
iin shall reserve that amoOnt.
5. Subdivision 1 of section 468 of the banking law, as amended by chapter 348 of the

~r, that no such

an aggregate
iosits with, the

laws of 1986, is amended to read as follows:

1. The board of directors of every credit union shall have the general management of the affairs, funds and records of the corporation. The directors shall hold an annual
meeting within ten days after the annual meeting of shareholders for the purpose of

r adding a new

electing officers, including a preBident chief executive officer from their own number, one
or more 'lice pre;dents assistant executive officers, a Becretary and a- treaBurer financial
officer, a recording officer, and such other officers and committees

nvest the lesser in the shares of impany consists

ctly. The term

committee members

fthe corporation as are required by the by-laws to be elected annually. If the by-laws

so provide the directors may elect the same person as secretary and treasurer. No
member of the board of directors shall receive any compensation for his services as a

panies and unit

,ed "Investment idivided profits.

member of the board. Whenever the directors shall deem any loan unsafe they may, in their discretion, require additional security to be given by the borrower, and if such security is not furnished as required by them, they may declare the loan due and take ction to collect the same. Complete minutes of all meetings of directors shall be kept
which 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 the

ivision 8 to read

laws of 1964, is amended to. read as follows:

1. Directors and officers shall discharge the duties of their respective positions in

ded to meet bad

; Union Adminisie laws of 1945,

good 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
ng paragraph as
ows:

~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 stated

shall thereafter

independent public or certified public accountant or firm of such in a written report by an ,ecountants fairly to reflect the financial condition of such credit union, and (b) upon report required to be submitted to them by any provision of this chapter or prepared in or committee charged with the responsibility the ordinary course of business by an officer therefor. Nothing in this section shall be deemed to require the directors to perform functions vested in any committee, officer or other person pursuant to the provisions of
any other section of this chapter.

principal are due

elve months, the such bad debts.

principal are due

' 7. This act shall take effect immediately.

tteen months, the

such bad debts.;:

principal are due
iich reserve shalL!,

ELECTION CALENDAR FOR 1992

CHAPTER 135
A. 11784

ed by this section;
3.y be declared or;'
over the amount

Approved June 9, 1992, effective as provided in section 5

~';-!_-;.;'::;~W:._--.;

)mul ated b t

ded profits, T
rred by the cr :. The term (lba iyments or parti

/~Hl~'!CTtu amend the election law,hundred ninety-two and providing for thefor the poliical in relation to making special provisions expiration and :"'(.):,:.e.I~l!dar in the year nineteen
',iepal' of

section 13-100 of the eletion law and sections two, three and four of this' act

:~)'elating thereto

or more, less th
rs bank passboo

rincipal amount 0

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

685

Ch. 135

LAWS OF NEW YORK

H

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-two Notwithstanding 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 and
general election,

the time fixed for the designation, nomination and election of candidates

and the necessary proceedings relating thereto, for the primary and general election for
the year nineteen hundred ninety-two shall be as follows: 1. Meetings of state committees to designate party candidates for offices to be filed
by the voters of the entire state, as provided for in section 6-104 of this chapter, shall be

held 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 the

ninth day of July.

4. The first day for signing independent nominating petitions pursuant to. section

6-138 of this chapter shall be the sixteenth day of July.

5. The first day to sign petitions for opportunity to ballot in primary elections without naming a candidate shall be the twenty-second day of July.
:.

6. Designating petitions for primary elections shall be filed no earlier than the twentythird 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 of

this chapter shall be the thirty-first day of July.

8. The last day to file a certificate of acceptance or declination of a designation as

provided 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 candidate

shall 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 of

August.

!
E C

11. A petition for an independent nomination for an office to be filed at the general election shall be filed no earlier than the twenty-fourth day of August and no later than
the twenty-seventh day of August.

ii

12. The last day to file petitions for opportunity to ballot without naming a candidate
after 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 of

e
h

this chapter. 14. The last day to mail military ballots for the primary election in the year nineteen
hundred ninety-two pursuant to the provisions of subdivision one of section 10-108 of this chapter 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 or

petitions 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

K
1

1992 REGULAR SESSION

Ch. 135

s:
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~

18. A certificate of a party nomination for a candidate for election to a town or vilag-e office to be filed at the g-eneral election and which nomination was made at a town or

to

.~ .' '~ '...

ia
es

-second.

Viag-e caucus or by a party committee, as prescribed by the rules of its party under the

fovisions of section 6-108 of this chapter, shall be filed not later than September twenty-

19. A certificate to fil a vacancy described in section 6-116 ora certificate to fil a

or
~

vacancy in a nomination caused by death or disqualification shall be filed no later than September twenty-second except that certificates to fil such vacancies which occur after
September eig-hth shall be filed no later than fourten days after the creation of such

ed be
ie.

~cancy. 20. A judicial district convention for nominating- candidates for public office shall be
held not earlier than September twenty-second nor later than September twenty-eig-hth.

!Y

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he

21. A certificate of acceptance or declination of a party nomination made at a town or villag-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.
on
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 an

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"

office to be filed at the g-eneral election shall be filed not later

ninth preceding- such election.

than September twenty-

23. A certificate of party nomination made at a judicial district cOnvention for an

office to be filed at the g-eneral election shall be filed not later than September twentyninth.

'24. A certiiicate of acceptance or declination whenever required of a party nomination

made ata judicial district convention, for an office to be filed at the g-eneral election shall
be

filed not later than October second.

25. A certificate to fil a vacancy caused by declination of a party nomination made

a judicial district convention, for an office to be filed at the g-eneral election shall be

not later than October sixth.

at fied

'26. The state board of elections shall, not later than September thirtieth preceding- the general 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 this chapter. If a certificate of a nomination to fil a vacancy caused by death be filed with

elections. '
ehiPter,

thstate 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 of

27. The last day to mail miltary ballots for the g-eneral election in theyear nineteen
shall be the fifth day of October.
vacancy

hundred, ninety-two pursuant to the provisions of subdivision one of section 10-108 of this

,.~. Notwithstanding- any other pFovisions of law, where a . ~~en days before the last day for. the filng- of an independent petition for an office

occurs less, than

~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.
ffutee,military or special federal ballot for the g-eneral election mark year United '.~dred ninety-tw~, contained.i~ an envelope ,showing- a ~ancel.lationin the or th~nineteen

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

j~. NnLVithstanding'a~y other provision oJ law, the board of~lections shallca~se any

,..~., Postal Service, or a foreign country's ~ostal service Wit~ a date which is ascer-

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

~edtQ be not

later than November second, nineteenhundred ninety-two, to

~sed m the same manner as other ballots received by such board.

Additions are indicated by underline; deletions by &l

687

Ch. 135

LAWS OF NEW YORK

1992 RE(
i Elec. La..

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-two

shall be as follows:

4. N

1. Designating petitions for any office to be filed by the voters of the entire state
must be signed by not less than ten thousand or 2.5 per centum, whichever is less, of the

members
the comm

then enrolled voters of the party in the state, of whom not less than fifty or 2.5 per
centum, whichever is less, of such enrolled voters shall reside in each of one-half of the

of section
5. T
the electt

congressional districts of the state.

2. All other designating petitions must be signed by not less than 2.5 per centum, as

determined by the preceding enrollment, of the then enrolled voters of the party residing
within the political

shall expi act shall l

1994.

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 exceed
the following limits:

signatures;

(a) For any office to be filled by all voters of the city of New York, five thousand
(b) For any office to be filed by all the voters of any county or borough within the city
~,

of New York, twenty-five hundred signatures;

court district, seven hundred fifty signatures;

(c) For any office to be filed in the city of New York by all the voters of any municipal

ij

voters of any city

;i

);~:

(c-1) For any office to be filed in the city of New York by all the

council district from which members of the city council other than the president of the council are elected, four hundred fifty signatures;
(d) For any office to be filed by all the

voters of cities or counties, except the city of

AN ACT f

New York and counties therein, containing more than two hundred fifty thousand
inhabitants 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 than twenty-five thousand and not more than two hundred fifty thousand inhabitants, accordenumeration, five hundred signatures; ing to the last preceding federal
(f) For any office to be filed by all the voters of any other city or county, or of a

budgt

with:
, The Pi as follou

l. :
, read as 1

councilmanic district in any city other than the city of New York, two hundred fifty
signatures;
(g) For any office to be filed by all the voters of any congressional district, six hundred

l3-a.
specific

twenty:five signatures; (h) For any office to be filed by all the voters of any state senatorial district, five hundred signatures;
(i) For any office to be filed by all the voters of any assembly district, two hundred

trstees,
research

2. :
red as
.:.:-:n. ."

fifty signatures;
(j) For any office to be filed by all the voters of any political subdivision, except as

12. I:

herein otherwise provided, contained within another political subdivision, not to exceed the number 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 so

contained; 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 for the 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 need not exceed the number required for member of assembly.

3. Notwithstanding any other provision of law, in the year 1992,' no court shall enjoin the printing and distribution of absentee, military and special federal ball.ots
because of the pendency of any proceeding brought pursuant to the provisions of article sixteen of the election law.t

688

Additons are indicated by underline; deletions' by st