§ 6-104 — Party designation; statewide office

New York § 6-104

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

Text

§ 6-104. Party designation; statewide office. 1. Party designation of\na candidate for nomination for any office to be filled by the voters of\nthe entire state shall be made by the state committee. A designation for\nthe offices of governor and lieutenant governor, shall be made jointly\nby a single majority vote of such committee.\n 2. The state committee shall make a decision by majority vote. The\nperson or persons receiving the majority vote shall be the party's\ndesignated candidate or pair of candidates for nomination, and all other\npersons who shall have received twenty-five percent or more of the vote\ncast on any ballot shall have the right to make written demand, duly\nacknowledged, to the state board of elections that their names appear on\nthe primary ballot as candidates for such nomination. Such demand shall\nbe made not later than seven days after such meeting and may be\nwithdrawn in the same manner within fourteen days after such meeting;\nprovided however, that in the case of the joint designation for the\noffices of governor and lieutenant governor made pursuant to subdivision\nfive of this section, such right to make a written demand shall be\nafforded only to a pair of candidates who jointly sought such\ndesignation where the candidate for governor in such pair received\ntwenty-five percent or more of the vote cast on any ballot for such\noffice, and such demand must be made jointly by both candidates in such\npair for their names to appear jointly on the primary ballot as\ncandidates for nomination for such offices.\n 3. In the absence of a party rule forming and designating the members\nof a committee to fill any vacancy in designations which may occur after\nthe state committee has adjourned its meeting and before the primary\nelection, the state committee shall also enact a resolution forming such\na committee and selecting the members of same.\n 4. Upon the vote for such designation, each member of the state\ncommittee shall be entitled to cast a number of votes which shall be in\naccordance with the ratio which the number of votes cast for the party\ncandidate for governor on the line or column of the party at the last\npreceding general state election in the unit of representation of such\nmember bears to the total vote cast on such line or column at such\nelection for such candidate in the entire state. The apportionment of\nsuch votes as so prescribed shall be determined by the rules of the\nparty.\n 5. Enrolled members of the party may make other designations by\npetition for members of the same party. A petition designating a\ncandidate for the office of governor or lieutenant governor shall be\nvalid only if such petition jointly designates candidates for both such\noffices on such petition.\n 6. The meeting of the state committee for the purpose of designating\ncandidates shall be held not earlier than twenty-one days before the\nfirst day to sign designating petitions and not later than the first day\nto sign designating petitions for the primary election.\n 7. Within four days after such meeting, the state committee shall file\nwith the state board of elections.\n (a) The names of persons who have received the designation of the\nstate committee and the offices for which designated, and the name of\neach person who received twenty-five percent or more, of the vote on any\nballot and the offices for which they received such vote.\n (b) The names of the persons selected as the committee to fill\nvacancies or a certified copy of the party rule forming and empowering\nsuch a committee to fill vacancies.\n 8. No person may be designated by a state committee for more than one\nstatewide office pursuant to the provisions of this section.\n