§ 6-146 — Nomination and designation; declination or acceptance

New York § 6-146

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

Text

§ 6-146. Nomination and designation; declination or acceptance. 1. A\nperson designated as a candidate for nomination or for party position,\nor nominated for an office, otherwise than at a primary election, may,\nin a certificate signed and acknowledged by him, and filed as provided\nin this article, decline the designation or nomination; provided,\nhowever, that, if designated or nominated for a public office other than\na judicial office by a party of which he is not a duly enrolled member,\nor if designated or nominated for a public office other than a judicial\noffice by more than one party or independent body or by an independent\nbody alone, such person shall, in a certificate signed and acknowledged\nby him, and filed as provided in this article, accept the designation or\nnomination as a candidate of each such party or independent body other\nthan that of the party of which he is an enrolled member, otherwise such\ndesignation or nomination shall be null and void.\n 2. If any designation or nomination is declined, the officer or board\nto whom or which notification thereof is given shall forthwith inform by\nmail or otherwise the committee authorized to fill the vacancy, that the\ndesignation or nomination has been declined, and if such declination is\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 that the name of the candidate filing such\ndeclination is to appear on a ballot, such board also shall give\nimmediate notice by mail or otherwise that such designation or\nnomination has been declined, to the several boards of elections which\nprepare the official ballots for election districts affected by such\ndeclination.\n 3. When a person who was not designated for nomination at a primary\nelection receives a nomination for public office at such primary\nelection, the officer or board with whom or which a designating petition\nfor such an office is required to be filed shall forthwith notify, by\nmail, such person of his nomination, and that he must decline or accept\nsuch nomination in writing as hereinafter provided.\n 4. A person nominated without designation for public office at a\nprimary election may decline such nomination. A person so nominated for\npublic office by a party of which he is not a duly enrolled member, must\ndecline or accept such nomination, otherwise such nomination shall be\nnull and void. Such declinations or acceptances must be filed not later\nthan five days after the mailing of notification of such nomination by\nsuch officer or board. If the nomination is declined the vacancy may be\nfilled not later than three days after such declination shall have been\nfiled in the office of the officer or board.\n 5. A person who has been nominated for public office by a party or\nparties and who is thereafter nominated for another office by one or\nmore of such parties, or who is thereafter nominated by the party to\nfill a vacancy caused by such nomination or nominations to fill a\nvacancy by the party, may decline such first nomination or nominations\nnot later than the third day after the filing of the certificate of his\nnomination or nominations for such other office, but such a declination\nshall not be effective if such other nomination or nominations by the\nparty is duly declined.\n 6. A person designated as a candidate for two or more party\nnominations for an office to be filled at the time of a general election\nwho is not nominated at a primary election by one or more such parties\nmay decline the nomination of one or more parties not later than ten\ndays after the primary election.\n 7. A person designated as a candidate for nomination or for party\nposition, or nominated for an office, may, in a certificate signed and\nacknowledged by such person and filed no later than the last day to\ncertify the ballot pursuant to section 4-110 or section 4-112 of this\nchapter, decline the designation or nomination under the following\ncircumstances:\n (a) where the person so nominated or designated has been arrested or\ncharged with one or more misdemeanors or felonies by the filing of an\naccusatory instrument in a state court at any time after such person's\ndesignation or nomination; or\n (b) where the person so nominated or designated has been arrested or\ncharged with one or more misdemeanors or felonies by the filing of a\ncriminal complaint, information or indictment in federal court at any\ntime after such person's designation or nomination; or\n (c) where the person so nominated or designated has been convicted of\none or more misdemeanors or felonies under state or federal law at any\ntime after such person's designation or nomination.\n 8. In the case of a joint designation or joint nomination for the\noffices of governor and lieutenant governor made pursuant to this\narticle, a declination filed by either candidate shall only constitute a\ndeclination by the declining candidate and shall create a vacancy in\nsuch joint designation or joint nomination. A vacancy in the joint\ndesignation or joint nomination for the offices of governor and\nlieutenant governor shall be filled in accordance with the provisions\nfor filling vacancies in section 6-148 of this article.\n