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NY BOE Election Law Proposals for 2018


The following is the New York State Board of Elections Legislative Proposals to address the Administration of Elections for 2018.


SBOE 18-01 - Election Day Start Time for Poll Workers: Requires Poll Workers to arrive at the Poll site one (as opposed to ½) hour prior to the opening of the Polls on Election Day, including receiving Voting System Keys and other ancillary Election Day Supplies. The Bill Amends 8-102 of the Election Law by Deleting the word “half” from Subdivisions 1 and 2 of Section 8-102 of the Election Law. This Act shall take Effect on the First Day of January after it shall have become Law.

SBOE 18-02 - Elimination of Party Emblem: Removes the requirement to put the Party Emblem on the Ballot allowing Boards of Elections more flexibility in Ballot Design. With the Statewide Transition to Electronic Voting Systems, many County Boards of Elections found that the Requirement to include Party Emblems on the Ballot makes the Ballot significantly Less Readable by the Voter. Moreover, when included in the Ballot Design, Space constraints minimized the Emblem size to make them virtually Unrecognizable. Removing the Emblem requirement allows County Boards greater Flexibility to Design the Ballots in a much more Usable and Readable Format. This Act shall take Effect on the First Day of January after it shall have become Law.

SBOE 18-03 - Removes Petitioning for LIPA Trustee: Removes Long Island Power Authority (LIPA) Trustee from Offices for which Petitions are filed because the position is now Appointed, not Elected. This Act shall take effect Immediately.

SBOE 18-04 - Publication of Election Results: Eliminate the Outdated and Costly requirement that Certified Election Results be Printed in certain Legal Ads. This Bill Amends section 9-212(2) of the Election Law to Eliminate the Requirement that Certified Copies of Election Results be Published in certain Legal Ads. This Act shall take effect Immediately.

SBOE 18-05 - Publication by Advertising Website Notice: Provides Newspaper Advertising requirements are satisfied by Publishing Description of Notice and where to find the Notice on the Board of Elections’ Website, provided the Board of Elections upon request would provide the Information by Mail or other means. This Bill adds a New Section §1-108 of the Election Law to permit Newspaper Publication by Reference to a Board Website. This Act shall take effect Immediately.

SBOE 18-06 - Local Campaign Finance Filers to State Board: Local Boards of Election will no longer be required to Receive Campaign Finance Filings for certain Local Committees. This Bill would Require All Campaign Finance Filings pursuant to the Election Law to be Filed with the State Board of Elections. This Bill relieves Duplicative Filing Requirements for Political Committees and also lifts an Administrative Burden from Local Boards of Elections. This Act shall take effect on the First Day of December 2020.

SBOE 18-07 - Authorizes Election District Increase to Two Thousand Voters and Permits Parties to Apportion Any Number of Committeepersons: Election Districts allowed to have 2,000 Voters, and Party Committees decide the number of, and how to Apportion, Members of County Committees to Avoid any Loss of Membership. This Act shall take effect on the First Day of January 20th after Enactment.

SBOE 18-08 - Elimination of Duplicate Electronic Filings: Upon meeting certain Disclosure and Publication criteria, a Campaign Finance Board filing for a Candidate may be deemed to meet the Election Law Reporting Requirement. This Act shall take Effect on the First Day of January 12th after it shall become Law.

SBOE 18-09 - Clarification of Local Proposition Filing Requirements: Clarifies State Board of Elections does not Approve Local Proposition Abstracts, and requires Filing of Local Propositions earlier to ensure orderly inclusion on the Ballot. This Act shall take Effect on the First Day of January after Enactment.

SBOE 18-10 - Multiple Vacancies For Same Office: Provides that when an Office is on the Ballot to fill both a Vacancy for the Remainder of the Current Year as well as a New Term, the Office will appear only Once on the Primary Ballot and General Election Ballot. This Bill adds a New Section 6-149 to the Election Law to provide a Mechanism for Filling both a New Term and a “Technical” Vacancy in a Public Office. This Legislation Removes an Ambiguity in the Statute. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-11 - New Party Names: New Parties must file a Certificate indicating their Name no later than the Last Day of February after the Election at which the Party obtains Ballot Status. This Bill Amends section 2-124 of the Election Law to require a New Party to File a Certificate including the Name and Emblem of the New Party no later than the Last Day of February after the Election at which the Independent Body attains Party Status. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-12 - Alternative Poll Site Organization: Permits Boards of Elections to adopt Alternative Poll Site Staffing plans to more efficiently Administer Elections. This Bill adds a New Subdivision 3-500 of the Election Law Authorizing Alternative Poll Site Staffing. This Act shall take Effect on the First Day of January succeeding Enactment. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-13 - Poll Watcher Appointment: Clarifies entities eligible to Appoint Watchers at an Election by making the Current Statute more Readable and Unambiguous. This Bill Amends 8-500 of the Election Law to read more Clearly as to the Appointment of Poll Watchers for Primary and General Elections. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-14 - Election Day Non Instruction Day at Schools: To make Schools more Accessible as Polling Sites, provides that Schools will Not Schedule Regular Instruction on the Day of the General Election. This Bill Amends section 3604 of the Education Law to provide that the General Election Day be a Non-Instruction Day. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-15 - Voting Systems Use: Provides that Boards of Elections shall whenever possible make Voting Equipment Available to Municipalities conducting Elections, and Empowers Boards to Charge Expenses to such Municipalities. This Bill Amends section 3-224 of the Election Law to Permit Municipalities conducting their own Elections to be obtain from the Board of Elections whenever possible Voting Systems for use at the Election. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-16 - Village Caucuses Relating To Elections Held in November: Clarifies Statute to ensure there is no Legal ambiguity as to the Ability of Parties to use Caucuses in the same manner available to Towns for the purpose of making Village Nominations. This Bill Amend Election Law § 16-108 to Clarify its Application to Village Elections conducted by a Board of Elections in November. This Act shall take Effect on the First Day of January after it shall become Law.

SBOE 18-17 - Training for New Election Officials: Requires New Election Officials receive Introductory Training and an Annual Update not to exceed Three Hours. This Bill adds a New Section 3-213 of the Election Law to Provide up to Twenty Hours of Training for New Election Commissioners and Three Hours of Annual Update Training. This Act shall take Effect on the First Day of January succeeding Enactment.

SBOE 18-18 - Clarify Town Caucus Voter Participant Cannot Sign Independent Nominating Petition: Provides for Filing of List of Town Caucus Participants. This Bill Amends section 16-108 of the Election Law to Add a Requirement that a List of Enrolled Members of the Party who have Participated in a Town Caucus be required to be Filed along with the Certificate of Nomination required by 6-156. This Bill Amends section 6-138 to Clarify that the Signature of a Person Signing an Independent Nominating Petition shall not be Counted if the Person appears on the List of Enrolled Members of a Party who previously Participated in a Caucus at which a Nomination for the same Office was made. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-19 - Filing Exclusion For Under $1,000 Expenditure in Small Jurisdictions To Include All Political Subdivisions With Population Under Ten Thousand. This Bill Amends section 14-124 of the Election Law within the Filing Exclusion for Candidates and Authorized Committees. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-20 - Clarify OTB Committee to Receive Notices Has Capacity To Bring Proceedings: Clarifies Committee named by an Opportunity to Ballot Petition has capacity to seek Judicial Relief in the same manner as a Candidate named by a Petition. This Act shall take Effect on the Fifteenth Day of December 11th
after it shall become Law.

SBOE 18-21 - Court Competent to Receive Signer Testimony Regarding Signature on Petition: Clarifies that Courts may receive Testimony of Voters to Authenticate their Signatures. This Bill Amends section 6-134 of the Election Law to provide that a Court may Receive Sworn Testimony from a Signer of a Designating Petition as to the Authenticity of His or Her own Signature. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-22 - Deficiency Notices By First Class Mail Instead of Certified Mail: Permits Mailing Deficiency Notices Amends Election Law § 3-104-a by First Class Mail instead of by Certified Mail if an Affidavit of Mailing is created to Evidence the Mailing. This act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-23 - Requires County Boards of Elections To Publish Contribution Limits Applicable in County on Website And Provide Information to State Board of Elections. This Bill Amends section 14-114 of the Election Law to provide for Local Boards of Elections to Calculate and Publish on their Websites by April 15th, the Contribution Limits for All County, Town, City, and Village Offices on the Ballot in that year. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-24 - Amends 14-116 to Clarify Inapplicability to Independent Expenditure Committees: The current Limitation on Corporate Contributions as applied to Independent Expenditures was held Unconstitutional. This Proposal removes the Unconstitutional Application of this Provision. This Bill Amends section 14-116 of the Election Law to provide that the Contribution Limits on Corporations and Joint Stock Associations do not Apply to Independent Expenditures or Contributions to Independent Expenditure Committees by such Entities. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-25 - Repeal Individual Aggregate Limits, Election Law 14-114 (8): The current Limitation on Individual Aggregate Contributions was held Unconstitutional. This Proposal removes the Unconstitutional Provision. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-26 - Repeal Per Capita Party Spending Limit, Election Law 14-114 (5): The current spending Limit on certain Party Contributions is Unconstitutional. This Proposal Removes the Unconstitutional Provision. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-27 - Require Clear Instruction To Turn Ballot Over When Two-Sided Ballot: Ensures Clear Instruction to Voters when Ballot is Two-Sided. This Bill amends section 7-110 of the Election Law. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.

SBOE 18-28 - Change 72 Hour Filing Requirement For Convention Minutes to Three Days: Conforms Election Law Filing Deadlines to all be Measured in Days. This Bill Amends section 6-158 of the Election Law to provide that the Minutes of a Judicial District Convention shall be Filed within Three Days after Adjournment of the Convention.

SBOE 18-29 - Remove Limitation of Two Weeks Before Election For Issuance of Election Employee Special Ballots: Permits Special Ballots to be Delivered to Election Workers no earlier than when Absentee Ballots are made Available to the Public. This Act shall take Effect on the Fifteenth Day of December after it shall become Law. This Bill Amends section 11-302 of the Election Law to provide that Employees whose Duties as an Inspector, Poll Clerk, or Election Coordinator require him or her to be elsewhere on Election day may be provided with a Special Ballot at any time after Absentee Ballots are available and until the Close of Polls on Election Day. This Act shall take Effect on the Fifteenth Day of December after it shall become Law.









NYC Wins When Everyone Can Vote! Michael H. Drucker


     
 
 


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NY BOE Election Law Proposals for 2018

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