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A01137 Summary:

BILL NOA01137
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Add §16-103, El L
 
Provides that a court may require that a new election be held when there is clear and convincing evidence that the wrong candidate was determined to be the winner.
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A01137 Actions:

BILL NOA01137
 
01/13/2023referred to election law
01/03/2024referred to election law
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A01137 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1137
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the election law, in relation to court proceedings involving disputed election results   PURPOSE OR GENERAL IDEA OF BILL: This bill amends the election: law and provides that a court may order a new election when there is clear and convincing evidence that the wrong candidate was or would be determined to be the. winner:   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the election law by adding" a new Section 16-103 that provide that an aggrieved candidate May contest a special or gener- al election by bringing a proceeding in supreme court. Such proceeding must be commenced within twenty days after the election to which it relates. The court shall order a new election be held only if there is clear and convincing evidence to demonstrate that fraud, irregularity, or violations of article seventeen of the election law deprived the aggrieved candidate of a winning margin of votes. The new election shall be held on the fifth Tuesday after the court's order is issued; unless that 'day is a holiday, in which case the election shall be held: on the next succeeding Tuesday that is not a holiday. All candidates for the contested office who were on the ballot at the original election shall be on the ballot at the new election, except, in a race for an office requiring multiple winners, the name of a candidate who won by clear and convincing evidence shall have been duly elected and shall not be on the ballot in the new election. The court may order an injunction to prevent a candidate from assuming office until after a new election has been held. Section two provides the effective date.   JUSTIFICATION: Under current law, courts are only allowed to call new elections in primary races. This bill amends the election law to-allow for the court to order a new election in general elections as well If enacted, a court shall order a new election when there is clear and convincing evidence that fraud, irregularity, or violations of article seventeen of the election law deprived the aggrieved candidate of a winning margin of Votes. Elections should be fair. The•elected candidate should be the person the electorate has chosen. This legislation provides a mechanism to ensure fairness and transparency in elections throughout New York State by giving aggrieved candidates a Meaningful remedy in order to ensure that the rightful winner assumes office.   PRIOR LEGISLATIVE HISTORY: A.5042 of 2021 and 2022, referred to election law. A.273 of 2019 and 2020, referred to election law. A.440 of 2017 and 2018, referred to election law. Same as S.3388 of 2017 and 2018, referred to elections A.1406-A of 2016 and 2017, referred to election law. Same as S.4284-A of 2016 and 2017, referred to elections. A.418 of 2013 and 2014, referred to election law. A.228 of 2011 and 2012, referred to election law. A.9481 of 2010, referred to election law committee. A.3432 of 2009 advanced to third reading. A.1540 of 2007 and 2008, passed Assembly. A.353 of 2005 and 2006, passed Assembly. A.10046 of 2004, passed Assembly. Same as S.3315 of 2005 and 2006, referred to elections committee.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:   EFFECTIVE DATE:. This act shall take effect immediately and shall apply to any election held on or after such effective date
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A01137 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1137
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Election Law
 
        AN  ACT  to  amend  the  election  law, in relation to court proceedings
          involving disputed election results
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The election law is amended by adding a new section 16-103
     2  to read as follows:
     3    § 16-103. Proceedings involving general or special  election  results.
     4  1.  Upon  evidence  of  fraud,  irregularities  or violations of article
     5  seventeen of this chapter affecting the outcome of a general or  special
     6  election  an aggrieved candidate may contest any such special or general
     7  election in a proceeding brought in the supreme court.
     8    2. A proceeding pursuant to this section shall  be  instituted  within
     9  twenty days after the election to which it relates. The court may deter-
    10  mine issues of fact and/or law in a proceeding pursuant to this section.
    11    3. In a proceeding pursuant to this section the court shall invalidate
    12  the  election  results  and order a new election if clear and convincing
    13  evidence demonstrates that fraud, irregularity or violations of  article
    14  seventeen  of this chapter deprived the aggrieved candidate of a winning
    15  margin of votes. Such new  election  shall  include  all  duly  enrolled
    16  voters  residing  in  the  political  subdivision  embracing  the office
    17  contested. Such election shall be held on the fifth  Tuesday  after  the
    18  court's  order  is  issued; provided, however, if the fifth Tuesday is a
    19  religious, federal or state holiday the new election shall  be  held  on
    20  the next succeeding Tuesday thereafter which is not a religious, federal
    21  or state holiday.
    22    4.  All  candidates  on  the  ballot  at the original election for the
    23  contested office shall be on the ballot at the new  election;  provided,
    24  however,  if  the  office  contested  is  one for which a voter may cast
    25  multiple votes for two or more  candidates  for  the  same  office,  any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04293-01-3

        A. 1137                             2
 
     1  candidate  for such office whose winning margin at the original election
     2  is not by clear and convincing evidence shown to be invalid, shall  have
     3  been  duly elected at the original election, and the number of positions
     4  to be elected at the new election shall be reduced accordingly.
     5    5.  The  court  may  issue  an  injunction to prevent a candidate from
     6  wrongly assuming office until such time as the  new  election  shall  be
     7  held.  The  provisions  of section five of the public officers law shall
     8  apply in the interim.
     9    6. Nothing in this section shall  be  construed  to  limit  any  other
    10  rights  or remedies available in law or equity or pursuant to this chap-
    11  ter.
    12    § 2. This act shall take effect immediately and  shall  apply  to  any
    13  election held on or after such effective date.
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