§ 6-158 — Nominating and designating petitions and certificates, conventions; times for filing and holding

New York § 6-158

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

Text

§ 6-158. Nominating and designating petitions and certificates,\nconventions; times for filing and holding. 1. A designating petition\nshall be filed not earlier than the thirteenth Monday before, and not\nlater than the twelfth Thursday preceding the primary election.\n * 1-a. Notwithstanding the time fixed in subdivision one of this\nsection, for the year two thousand twenty-six, such designating petition\nrequired to be filed by such subdivision shall be filed not earlier than\nthe thirteenth Monday before, and not later than the twelfth Monday\npreceding the primary election.\n * NB Repealed December 31, 2026\n 2. A certificate of acceptance or declination of a designation shall\nbe filed not later than the fourth day after the last day to file such\ndesignation.\n 3. A certificate to fill a vacancy in a designation caused by\ndeclination shall be filed not later than the fourth day after the last\nday to decline. A certificate to fill a vacancy in a designation caused\nby death or disqualification shall be filed not later than ten days\nafter such death or disqualification or four days before the primary\nelection, whichever is earlier.\n 4. A petition of enrolled members of a party requesting an opportunity\nto write in the name of an undesignated candidate for a public office or\nparty position at a primary election shall be filed not later than the\neleventh Thursday preceding the primary election. However, where a\ndesignating petition has been filed and the person named therein has\ndeclined such designation and another person has been designated to fill\nthe vacancy, then in that event, a petition for an opportunity to ballot\nin a primary election shall be filed not later than the tenth Thursday\npreceding such primary election.\n 5. A judicial district convention shall be held not earlier than the\nThursday following the first Monday in August preceding the general\nelection and not later than six days thereafter.\n 6. (a) A certificate of a party nomination made other than at the\nprimary election for an office to be filled at the time of a general\nelection shall be filed not later than thirty days after the primary\nelection, (b) except that a certificate of nomination for an office\nwhich becomes vacant after the seventh day preceding such primary\nelection shall be filed not later than thirty days after the primary\nelection or ten days after the creation of such vacancy, whichever is\nlater, and (c) except, further, that a certificate of party nomination\nof candidates for elector of president and vice-president of the United\nStates shall be filed not later than seventy-four days after the primary\nelection, and (d) except still further that a certificate of party\nnomination made at a judicial district convention shall be filed not\nlater than the day after the last day to hold such convention and the\nminutes of such convention, duly certified by the chairman and\nsecretary, shall be filed within seventy-two hours after adjournment of\nthe convention. A certificate of party nomination for an office to be\nfilled at a special election shall be filed not later than ten days\nfollowing the issuance of a proclamation of such election, provided,\nhowever, such certificate shall be filed not later than seven days\nfollowing the issuance of a proclamation for a special election held\npursuant to paragraph b of subdivision three of section forty-two of the\npublic officers law.\n 7. A certificate of acceptance or declination of a party nomination\nmade other than at a primary election for an office to be filled at the\ntime of a general election shall be filed not later than the third day\nafter the last day to file the certificate of such party nomination. A\ncertificate of acceptance or declination of a party nomination for an\noffice to be filled at a special election shall be filed not later than\ntwelve days following the issuance of a proclamation of such election,\nprovided however, such certificate shall be filed not later than nine\ndays following the issuance of a proclamation of a special election held\npursuant to paragraph b of subdivision three of section forty-two of the\npublic officers law.\n 8. A certificate to fill a vacancy caused by a declination of a party\nnomination for an office to be filled at the time of a general election\nshall be filed not later than four days after the last day to file such\ndeclination, except that if such nomination was made at the primary\nelection, such certificate shall be filed not later than ten days after\nthe last day to file such declination. A certificate to fill a vacancy\ncaused by a declination of a party nomination for an office to be filled\nat a special election shall be filed not later than fourteen days\nfollowing the issuance of a proclamation of such election, provided\nhowever, such certificate shall be filed not later than eleven days\nfollowing the issuance of a proclamation of a special election held\npursuant to paragraph b of subdivision three of section forty-two of the\npublic officers law. A certificate to fill a vacancy in a nomination\ncaused by death or disqualification shall be filed not later than ten\ndays after such death or disqualification or four days before the\nelection, whichever is earlier.\n 9. A petition for an independent nomination for an office to be filled\nat the time of a general election shall be filed not earlier than\ntwenty-four weeks and not later than twenty-three weeks preceding such\nelection. A petition for an independent nomination for an office to be\nfilled at a special election shall be filed not later than twelve days\nfollowing the issuance of a proclamation of such election, provided\nhowever, such certificate shall be filed not later than nine days\nfollowing the issuance of a proclamation of a special election held\npursuant to paragraph b of subdivision three of section forty-two of the\npublic officers law.\n 10. Notwithstanding any other provisions of law, where a vacancy\noccurs less than fourteen days before the last day for the filing of an\nindependent petition for an office to be filled at the time of a general\nelection, or after the last day to file an independent petition, such\npetition may be filed for the said office within fourteen days after the\nvacancy occurs. A certificate of acceptance or declination in such an\nevent shall be filed within two days thereafter and a certificate to\nfill a vacancy caused by declination shall be filed within two days\nafter such declination has been filed.\n 11. A certificate of acceptance or declination of an independent\nnomination for an office to be filled at the time of a general election\nshall be filed not later than the third day after the twenty-third\nTuesday preceding such election except that a candidate who files such a\ncertificate of acceptance for an office for which there have been filed\ncertificates or petitions designating more than one candidate for the\nnomination of any party, may thereafter file a certificate of\ndeclination not later than the third day after the primary election. A\ncertificate of acceptance or declination of an independent nomination\nfor an office to be filled at a special election shall be filed not\nlater than fourteen days following the issuance of a proclamation of\nsuch election, provided however, such certificate shall be filed not\nlater than eleven days following the issuance of a proclamation of a\nspecial election held pursuant to paragraph b of subdivision three of\nsection forty-two of the public officers law.\n 12. A certificate to fill a vacancy caused by a declination of an\nindependent nomination for an office to be filled at the time of a\ngeneral election shall be filed not later than the sixth day after the\ntwenty-third Tuesday preceding such election. A certificate to fill a\nvacancy caused by a declination of an independent nomination for an\noffice to be filled at a special election shall be filed not later than\nsixteen days following the issuance of a proclamation of such election,\nprovided however, such certificate shall be filed not later than\nthirteen days following the issuance of a proclamation of a special\nelection held pursuant to paragraph b of subdivision three of section\nforty-two of the public officers law.\n 13. If a vacancy occurs too late to comply with the provisions of this\nsection, the certificates of nomination, certificates of acceptance or\ndeclination, certificates to fill a vacancy in such nomination and\ncertificates of authorization of a nomination shall be filed as soon as\npracticable.\n 14. A vacancy occurring three months before the general election in\nany year in any office authorized to be filled at a general election,\nexcept in the offices of governor, lieutenant-governor, or United States\nsenator shall be filled at the general election held next thereafter,\nunless otherwise provided by the constitution, or unless previously\nfilled at a special election.\n