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.
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
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.