§ 6-138 — Independent nominations; rules

New York § 6-138

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

Text

§ 6-138. Independent nominations; rules. 1. Independent nominations\nfor public office shall be made by a petition containing the signatures\nof registered voters of the political unit for which a nomination is\nmade who are registered to vote. The name of a person signing such a\npetition for an election for which voters are required to be registered\nshall not be counted if the name of a person who has signed such a\npetition appears upon another valid and effective petition designating\nor nominating the same or a different person for the same office.\n 2. Except as otherwise provided herein, the form of, and the rules for\na nominating petition shall conform to the rules and requirements for\ndesignating petitions contained in this article.\n 2-a. Independent nominations for the offices of governor and\nlieutenant governor shall be designated jointly by the independent body.\nAn independent nominating petition for the offices of governor and\nlieutenant governor shall be valid only if such petition jointly\nnominates candidates for both offices.\n 3. a. The name selected for the independent body making the nomination\nshall be in English characters and shall not include the name or part of\nthe name or an abbreviation of the name or part of the name, nor shall\nthe emblem or name be of such a configuration as to create the\npossibility of confusion with the emblem or name of a then existing\nparty, or the emblem or name of an independent body selected by a\npreviously filed independent nominating petition for the same office.\nSuch name selected for such independent body shall continuously remain\nthe name of such party as defined in subdivision three of section 1-104\nof this chapter.\n b. Notwithstanding the requirements of paragraph a of this\nsubdivision, if the emblem or name selected for an independent body on\nany independent nominating petition is the same as that selected by any\npreviously filed independent nominating petition for the same office,\nthe board of elections with which such later petition was filed shall,\nnot later than two days after the filing of such later filed petition,\nsend notice of such duplicate selection of emblem or name by first-class\nmail, to the candidate for such office who was nominated by such later\nfiled petition, and that the candidate to whom such notice is required\nto be sent may file with such board of elections, not later than seven\ndays after such notice was mailed, a certificate selecting a different\nemblem or name.\n c. A person who has been nominated or who expects to be nominated as\nthe candidate of an independent body for the office of President of the\nUnited States at any election for such office may, not later than three\ndays after the last day to file nominating petitions, file with the\nstate board of elections, a special certificate which shall be\nirrevocable, stating that such person does not wish to permit candidates\nfor any other office, except the office of Vice-President of the United\nStates, to appear on the ballot with the same name and emblem as the\nindependent body which has nominated or will nominate such candidate for\nthe office of President.\n d. Not later than seven days after the last day to file nominating\npetitions, the state board of elections shall notify each local board of\nelections of the name of each candidate for President of the United\nStates who has filed such a special certificate, together with the name\nand emblem of the independent body selected on the petition which\nnominated such candidate.\n e. If any candidate has been nominated for any other office by a\npetition which selected the same name or emblem for an independent body\nas the name or emblem selected on the petition which nominated a\ncandidate for President of the United States who has filed a special\ncertificate pursuant to paragraph c of this subdivision, the board of\nelections with which the petition nominating such candidate for such\nother office was filed shall, not later than ten days after the last day\nto file nominating petitions, send to each such candidate, by first\nclass mail, notice that a special certificate pursuant to paragraph c of\nthis subdivision has been filed and that the candidate to whom such\nnotice is sent may file with such board of elections, not later than\nseven days after such notice was mailed, a certificate selecting a\ndifferent name and emblem.\n f. If such a petition shall not show an emblem, or if the petition\nshall fail to select a name for such independent body, or if pursuant to\nthe provisions of paragraph b or paragraph e of this subdivision, a\ncandidate shall fail to select another emblem or name for such\nindependent body, the officer or board in whose office the petition is\nfiled shall select an emblem or name or both to distinguish the\ncandidates nominated thereby. The name and emblem shown upon such\npetition or selected by a candidate authorized to make such selection by\nparagraph b or paragraph e of this subdivision, or selected by an\nofficer or board shall also conform to the requirements of this chapter\nwith respect to names or emblems permitted to be selected by a party.\n g. Nothing contained in this subdivision shall preclude a court of\ncompetent jurisdiction from rejecting an independent nominating petition\nif the court determines that fraud was involved in the selection of a\nname or emblem.\n 4. A signature made earlier than six weeks prior to the last day to\nfile independent petitions shall not be counted. A signature on an\nindependent petition for a special election made earlier than the date\nof the proclamation calling the special election shall not be counted.\n