§ 6-148 — Nomination and designation; filling vacancies

New York § 6-148

• Jurisdiction: New York
• Law ELN: Election
• Art. 6: Designation and Nomination of Candidates

Text

§ 6-148. Nomination and designation; filling vacancies. 1. A vacancy\nin a designation or nomination caused by declination, where a\ndeclination is permitted by this article, or by the death or\ndisqualification of the candidate, or by a tie vote at a primary, may be\nfilled by the making and filing of a certificate, setting forth the fact\nand cause of the vacancy, the title of the office, the name of the\noriginal candidate, if any, and the name and address of the candidate\nnewly designated or nominated.\n 2. A vacancy in a designation or independent nomination, or in a party\nnomination made otherwise than at a primary, may be filled by a majority\nof the committee to fill vacancies shown upon the face of the petition\nor certificate of the designation or nomination in which the vacancy\noccurs.\n 3. A vacancy in a nomination made at a primary, or by a tie vote\nthereat, may be filled by a majority of the members, of the party\ncommittee or committees last elected in the political subdivision in\nwhich the vacancy occurs, present at a meeting at which there is a\nquorum, or by a majority of such other committee as the rules of the\nparty may provide; provided, however, that a vacancy in a joint\nnomination for the offices of governor and lieutenant governor made at a\nprimary election, or a vacancy in a joint designation or joint\nnomination for such offices caused by declination, death, or\ndisqualification and not filled by the committee to fill vacancies,\nshall be filled by the appropriate committee or committees pursuant to\nthis subdivision and party rules. A single certificate shall be filed\npursuant to the requirements of subdivisions four and five of this\nsection to fill such vacancy.\n 4. If the vacancy be filled by a committee named in a petition or\ncertificate of nomination, the new certificate shall be signed by a\nmajority of such committee; if filled by any other committee, it shall\nbe signed by the presiding officer and secretary of the committee.\nAppended to the certificate shall be the affidavit of the persons\nsigning the certificate that they were a majority of such committee, or\nsuch officers, as the case may be, and that the statements in such\ncertificate are true.\n 5. The certificate designating a person to fill a vacancy in a\ndesignation or nomination shall have appended thereto his written\nconsent to be so designated or nominated, duly acknowledged.\n 6. When a certificate of a new designation or nomination shall be\nfiled with the state board of elections after such board has given\nofficial notice, pursuant to the provisions of this chapter, to the\nseveral boards of elections, of the names to appear on the ballot at the\nelection to which such new designation or nomination applies, such board\nshall forthwith certify to the proper board of elections the name of the\nperson designated or nominated by such certificate and such other facts\nas are required to be stated therein.\n 7. A vacancy occurring in a joint designation or joint nomination for\nthe offices of governor and lieutenant governor before a primary\nelection, whether caused by declination pursuant to section 6-146 of\nthis article, or by the death or disqualification of either candidate\ndesignated or nominated, may be filled by the committee to fill\nvacancies shown upon the face of the petition or certificate of such\njoint designation or joint nomination. Such vacancy in the joint\ndesignation or joint nomination shall be filled by the making and filing\nof a single certificate, setting forth the fact and cause of the\nvacancy, the title of the vacant office in the joint designation or\njoint nomination, the names of the original candidates, and the name and\naddress of the candidate or candidates newly designated or nominated\njointly for the offices of governor and lieutenant governor. Such\ncertificate shall comply with the requirements of subdivisions four and\nfive of this section.\n