Kellner-Aquila Primary Calendar

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					                  Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 1 of 22




                                                                         State of   New York
                                                    STATE BOARD OF ELECTIONS
~ames A. Walsh                                                         40 STEUBEN STREET                        -----
                                                                                                                 i
                                                                                                                 I
                                                                                                                        Todd D. Valentine
                                                                        ALBANY, N.Y. 12207                               Executive Direelor
Douglas A. Kellner                                          Phone: 518/474-6367 Fax: 518/486-4546                       Robert A. Brehm
 Chair                                                                                                                   Executive Director
tChair P. Peterson
  regon'                                                                                                                Kimberl~' A. Galvin
I Com~jssioner                                                                                                          Special Counsel
IEvel~'n J. Aquila                                                                                                      Paul M. Collns
i Commissioner !                                                                                                         Deputy Counsel
i----~-._----------------.~T-~----~.
L~___________                                                                                             ------1---
                                                                                                                 i
                                                                                                             _~..__~_.______
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

            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.

As Your Honor is well aware, the State Board of                               Elections is comprised 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 election-
related 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
            Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 2 of 22

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
       Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 3 of 22



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
     Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 4 of 22



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
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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).
                                     "
                                    -'
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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 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 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



                                      4
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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
    Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 8 of 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
Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 9 of 22




         EXHIB IT "A"
               Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 10 of 22


      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.
                Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 11 of 22


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

       Certification of Federal Primary ballot by
       SBOE of designations filed in its office 54
CO-1                                                     § 4-110           5/3/12
       days before federal primary.




       Determination of candidates for federal
CQ-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)         7/5/12
       Board of Elections

       Recanvass of Primary Returns                      §9-208(1)         7/11/12
       Verifiable Audit of Voting Systems                §9-211(1)         7/3/12

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


                                                         §6-158(14)
       Vacancies to be filled at General Election                          9/19/12
                                                         Pub Off§42(1)



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


       Determination of federal candidates and
CQ-4
       questions; CBOEs - 53 days before                 § 4-114           9/14/12
       General Election

       Certification of General Election ballot
       by SBOE of state/local nominations fied
                                                         § 4-112 (1)
       in its office to be completed 36 days                               10/1/12
       before General Election.




                                                                   1
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        Summary of Current Statutory Text
                                                      SECTON OF
 (CO#= Changes in law to comply with Court Order)                                    Date                            Comments
                                                              LAW
             (impacted dates in bold)
       Determination of state/local candidates
       and questions; CBOEs - 36 days before        § 4-114
       General Election                                                         10/2/12

                                                      General        Election



       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
                                                                                                  on designating petitions for the
       First day for signing designating
KA-1                                                § 6-134 (4)                 3/20/12           Federal Primary Election shall not
       petitions.
                                                                                                  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   10th, and not
                                                                                                  later than April  16th before the
                                                                                                  preceding     Federal Primary Election.
                                                                                                  The total number of days is reduced
                                                                                                  to provide sufficient time to process
                                                                                                  such designations once fied, and
                                                                                4/23/12-
                                                                                                  the dates to file are altered   in
                                                                                4/26/12 but
                                                                                                  recognition of Passover (April 6 -
       Dates for filng designating petitions for                                should be
                                                                                                  14).
KA-2                                                § 6-158 (1)                 changed to
       primary.
                                                                                                  Due to the compression in the
                                                                                4/10/12-
                                                                                                  calendar, designating petition
                                                                                4/16/16           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)

       Last day to authorize designations.                                                        Issues KA-3 to K-6 are based on the
KA-3                                                § 6-120 (3)                 4/20/12
                                                                                                  date set in KA-2.


KA-4   Last day to accept/decline a designation.    § 6-158 (2)                 4/20/12


                                                                2
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        Summary of Current Statutory Text
                                                               SECTION OF
 (CO#= Changes in law to comply with Court Order)                                    Date                      Comments
                                                                       LAW
              (impacted dates in bold)
KA-5   Last day to fill vacancy after declination           § 6-158 (3)         4/24/12
       Last 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 Primary
                                                                                                 Footnote: Except in 2012 for
                                                                                                 Federal Primary Election, signature
                                                                                                 made earlier than March 28, 2012
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
                                                                                                 candidate for a federal public office
                                                                                5/1/12 but
                                                                                                 at a federal primary election shall
                                                                                should change
                                                            § 6-158 (4)                          be filed not later than the gll 10th
KA-8   Last day to file petitions.                                              to
                                                                                                 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
                                                                                                 and the person named has declined
                                                                                5/10/12 but      such designation, and another
       Last day to file an OTB petition if there                                should change    person has been designated to fill
KA-9   has been a declination by a designated               § 6-158 (4)         to               the vacancy, then in that event, a
       candidate.
                                                                                4/26/12          petition for an opportunity to ballot
                                                                                                 in a primary election for federal
                                                                                                 office shall be filed not later than
                                                                                                 the -7 (11th) Thursday preceding
                                                                                                 such federal primary election.

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




                                                                        3
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        Summary of Current Statutory Text
                                                        SECTION OF
 (CO#= Changes in law to comply with Court Order)                        Date                  Comments
                                                           LAW
              (impacted dates in bold)
                                                                                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                                     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 the
         committee.                                                             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.


         Last day to file certificates of
                                                                                7 days aftl;r la Federal primary
KA-11    nomination to fill vacancies in federal      § 6-116        7/3/12
                                                                                election.
         offce created pursuant to § 6-116.

         Last day to accept or d~cline a
                                                      § 6-158 (7)    7/6/12
         nomination.

         Last day to file authorization of
         nomination.                                  § 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
                                                      § 6-138 (4)    7/10/12
        petitions.

        Dates for filing independent nominating
                                                      § 6-158 (9)
                                                                     8/14/12-
        petitions.                                                   8/21/12
        Last day to accept or decline
        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




                                                                4
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        Summary of Current Statutory Text
                                                                  SECTION OF
 (CO#= Changes in law to comply with Court Order)                                             Date                    Comments
                                                                     LAW
               (impacted dates in bold)
                                                           VOTER       REGISTRATION                                                     ...
                              ..

        Federal Prirnary Election

       Mail registration:
       Last day to postmark application and                                              6/1/12-6/6/12
                                                                § 5-210 (3)
       last day it must be received by board of
       elections.

       In person registration:
       Last day application must be received by                 §§ 5-210,
                                                                                         6/1/12
       board of elections to be eligible to vote                5-211, 5-212
       in primary election.

       Change of Address                                        § 5-208 (3)              6/6/12
                                                     VOTING        BY ABSENTEE BALLOT

        For    Federal. Primary                            ..


       Last day to postmark application for
                                                                §8-400(2)(c)             6/19/12
       ballot.

       Last day to apply in person for a ballot.                §8-400(2)(c)             6/25/12

       Last day to postmark ballot and date it                                           6/25/12-
       must be received by the board of                         §8-412(1)                7/3/12
       elections.

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

                                                                                                         Ballots for UOCAVA voters shall be
       Date to send out Military/Special                        § 10-108(1)              5/12/12         mailed or otherwise distributed 32
CO-5
       Federal ballots.                                         §11-204(4)               (45 davsJ       (45)days before a primary ØF
                                                                                                         g8R8Fai election

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




                                                                          5
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        Summary of Current Statutory Text
                                                        SECTION OF
 (CO#= Changes in law to comply with Court Order)                            Date                Comments
                                                              LAW
             (impacted dates in bold)
        Miltary/Special Federal (UOCAVA) Voters for General
                                                  ,


       Last day for a BOE to receive application
                                                      § 10-106(5)    10/27/12
       for ballot if not previously registered.

       Last day for a. BOE to receive application     § 11-
                                                                     10/30/12
       for ballot                                     202(1)(b)(c)

       Last day for a BOE to receive application      § 10-106(5)
                                                                     10/30/12
       if previously registered.                      §11-204(4)

       Last day to apply personally if previously
                                                      § 10-106(5)    11/6/12
       registered.
                                                                                    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    offices/propositions would need to
       First day to mail ballot to                    § 10-108(1)    days)
CO-6                                                                                be transmitted ONLY to Military
       Military/Special Federal voter                 §11-204(4)
                                                                                    voters thereafter who previously
                                                                                    received only federal ballot. Late

                                                                                    Military applicants would receive
                                                                                    ballot(s) for both federal and
                                                                                    state/local/props.

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




                                                               6
Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 17 of 22




          EXHIB IT "B"
                       Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 18 of 22

, NEW YORK                   1992 REGULAR SESSION                                                                       Ch. 135

¡BRed by, B~                 any federal, state or municipal bond or debenture pledged as security therefor; provided,
øforo Bet fertl
                             however, where such shares are pledged to secure more than one loan such shares may be
::børBhi:¡ aRG-ï
                             deducted only once in each fiscal year for the purposes of this section.
'l therefrom an
                                 4. If the regulations of the National Credit Union Administration regarding loan loss
II Blanda-rag as
Iy permitted by              reserves require a credit union to reserve an amount not required by this section, a credit
ion, society or              iin shall reserve that amoOnt.
lÍp in the credit            § 5. Subdivision 1 of section 468 of the banking law, as amended by chapter 348 of the
~r, that no such             laws of 1986, is amended to read as follows:
 an aggregate                  1. The board of directors of every credit union shall have the general management of
iosits with, the             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¡;Üdents assistant executive officers, a Becretary and a- treaBurer financial
                             officer, a recording officer, and such other officers and
                                                                                                   committees   committee members
nvest the lesser
                             õfthe corporation as are required by the by-laws to be elected annually. If the by-laws
 in the shares of
impany consists               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
ctly. The term
panies and unit              member of the board. Whenever the directors shall deem any loan unsafe they may, in
,ed "Investment              their discretion, require additional security to be given by the borrower, and if such
idivided profits.            security is not furnished as required by them, they may declare the loan due and take
                             âction 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               good faith and with that degree of diligence, care and skill which prudent men would
; Union Adminis-              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
ie laws of 1945,              ~f the credit union represented to them to be correct by the preEidont chief executive
ng paragraph as               :officer or the officer of the credit union having charge of the books of account, or stated
ows:                          in a written report by an        independent public or certified public accountant or firm of such
                              å,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
                              the ordinary course of business by an officer
                                                                                  or committee charged with the responsibility
 shall thereafter
                              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
principal are due             any other section of this chapter.
elve months, the               '§ 7. This act shall take effect immediately.
 such bad debts.
principal are due
tteen months, the
 such bad debts.;:                                            ELECTION CALENDAR FOR 1992
principal are due
iich reserve shalL!,
                                                                              CHAPTER 135
ed by this section;                                                                A. 11784
3.y be declared or;'
over the amount                                          Approved June 9, 1992, effective as provided in section 5
)mul ated b t          ~';-!_-;.;'::;~W:._--.;
ded profits, T                                                   in relation to making special provisions expiration and
                        /~Hl~'!CTtu amend the election law,hundred ninety-two and providing for thefor the poliical
rred by the cr          :"'(.):,:.e.I~l!dar in the year nineteen
:. The term (lba                   ',iepêal' of   section 13-100 of the eleètion law and sections two, three and four of this' act
iyments or parti                   :~)'elating thereto
or more, less th
rs bank passboo                ,.gThePeople of the State of New York, represented in Senate and Assembly, do enact
rincipal amount 0              ~follows:
                                                          Additions are indicated by underline; deletions by st              685
Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 19 of 22



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


             § 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 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 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
              11. A petition for an independent nomination for an office to be filed at the general               C
            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            e
            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,               h
            transmit to each county board of elections the certification prescribed by section 4-110 of           £
            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
                                   Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 20 of 22




K
           1
                    1992 REGULAR SESSION                                                                                        Ch. 135
          t
          "
s:
                     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


                   --
!K                 Viag-e caucus or by a party committee, as prescribed by the rules of its party under the
          4
           .~
          .'
           '~      Êfovisions of section 6-108 of this chapter, shall be filed not later than September twenty-
          '...
to                 second.
ia                     19. A certificate to fil a vacancy described in section 6-116 ora certificate to fil a
es                 vacancy in a nomination caused by death or disqualification shall be filed no later than
or                 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                 ~cancy.
be                  20. A judicial district convention for nominating- candidates for public office shall be
ie.                held not earlier than September twenty-second nor later than September twenty-eig-hth.
!Y                   21. A certificate of acceptance or declination of a party nomination made at a town or
!y                 villag-e caucus under the provisions of section 6-108 of this chapter, for an office to be
he                 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
,ut               office to be filed at the g-eneral election shall be filed not later                          than September twenty-
      "           ninth preceding- such election.
                       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 twenty-
                  ninth.
                    '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
                                                                                                                                            at
                  not later than October sixth.
                                                                                                                                         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. '
                  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
                  thèstate 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
                  hundred, ninety-two pursuant to the provisions of subdivision one of section 10-108 of this
                  eh¡iPter,   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 fièd
                 ,,¡.thin ~o days thereafter and a certificate to fil a vacancy caused by declination shall be
                   ~d within two days after such declìnation has been filed.
                 j~. NnLVithstanding'a~y other provision oJ law, the board of~lections shallca~se any

                   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
                 ,..~., 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
Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 21 of 22


                                                                                      LAWS OF NEW YORK                     1992 RE(
      Ch. 135
                                                                                                                           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
                                                                                                                             § 4. N
      shall be as follows:
                                                                                                                           members
         1. Designating petitions for any office to be filed by the voters of the entire state                             the comm
       must be signed by not less than ten thousand or 2.5 per centum, whichever is less, of the                           of section
       then enrolled voters of the party in the state, of whom not less than fifty or 2.5 per                                § 5. T
       centum, whichever is less, of such enrolled voters shall reside in each of one-half of the
       congressional districts of the state.                                                                               the electÏt
                                                                                                                           shall expi
         2. All other designating petitions must be signed by not less than 2.5 per centum, as                             act shall l
       determined by the preceding enrollment, of the then enrolled voters of the party residing                           1994.
       within 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 exceed
       the following limits:
          (a) For any office to be filled by all voters of the city of New York, five thousand
       signatures;
          (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;                                                                  ~,
                                                                                                                     ij
          (c) For any office to be filed in the city of New York by all the voters of any municipal                  )-
       court district, seven hundred fifty signatures;                                                               ;~:
                                                                                                                     ;i
                                                                                              voters of any city
          (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;
                                                                  voters of cities or counties, except the city of          AN ACT f
          (d) For any office to be filed by all the                                                                               budgt
       New York and counties therein, containing more than two hundred fifty thousand                                             with:
       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                        , The Pi
       twenty-five thousand and not more than two hundred fifty thousand inhabitants, accord-                               as follou
                                           enumeration, five hundred signatures;
       ing to the last preceding federal
                                                                                                                              §l. :
           (f) For any office to be filed by all the voters of any other city or county, or of a                           , read as 1
        councilmanic district in any city other than the city of New York, two hundred fifty
        signatures;                                                                                                            l3-a.
                                                                                                                            specific
           (g) For any office to be filed by all the voters of any congressional district, six hundred                      trstees,
        twenty:five signatures;                                                                                             research
          (h) For any office to be filed by all the voters of any state senatorial district, five                               § 2. :
        hundred signatures;                                                                                                  reäd as
                                                                                                                             .:.:-:n. ."
           (i) For any office to be filed by all the voters of any assembly district, two hundred                              12. I:
         fifty signatures;
           (j) For any office to be filed by all the voters of any political subdivision, except as
         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
Case 1:10-cv-01214-GLS-RFT Document 61 Filed 02/01/12 Page 22 of 22

				
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