§ 16-102 — Proceedings as to designations and nominations, primary elections, etc

New York § 16-102

• Jurisdiction: New York
• Law ELN: Election
• Art. 16: Judicial Proceedings

Text

§ 16-102. Proceedings as to designations and nominations, primary\nelections, etc. 1. The nomination or designation of any candidate for\nany public office or party position or any independent nomination, or\nthe holding of an uncontested primary election, by reason of a petition\nfor an opportunity to ballot having been filed, or the election of any\nperson to any party position, or the certificate to fill a vacancy in a\ndesignation, may be contested in a proceeding instituted in the supreme\ncourt by any aggrieved candidate, or by the chairman of any party\ncommittee or by a person who shall have filed objections, as provided in\nthis chapter, except that the chairman of a party committee may not\nbring a proceeding with respect to a designation or the holding of an\notherwise uncontested primary.\n 2. A proceeding with respect to a petition shall be instituted within\nfourteen days after the last day to file the petition, within four days\nafter the last day that a certificate to fill a vacancy in a designation\nshall be filed, or within three business days after the officer or board\nwith whom or which such petition was filed, makes a determination of\ninvalidity with respect to such petition or certificate to fill a\nvacancy, whichever is later; except that a proceeding with respect to a\npetition for a village election or a nomination for a special election\nshall be instituted within seven days after the last day to file the\ncertificate or petition for such village election or nomination or\nwithin three business days after the officer or board with whom or which\nsuch certificate or petition was filed, makes a determination of\ninvalidity with respect to such certificate or petition, whichever is\nlater. A proceeding with respect to a primary, convention, meeting of a\nparty committee, or caucus shall be instituted within ten days after the\nholding of such primary or convention or the filing of the certificate\nof nominations made at such caucus or meeting of a party committee.\n 3. The court may direct reassembling of any convention or the holding\nof a new primary election, or caucus where it finds there has been such\nfraud or irregularity as to render impossible a determination as to who\nrightfully was nominated or elected.\n 4. A final order including the resolution of any appeals in any\nproceeding involving the names of candidates on ballots or voting\nmachines shall be made, if possible, at least five weeks before the day\nof the election at which such ballots or voting machines are to be used,\nor if such proceeding is commenced within five weeks of such election,\nno later than the day following the day on which the case is heard.\n