S04284 Summary:

BILL NO    S04284 

SAME AS    SAME AS A01406

SPONSOR    GALLIVAN

COSPNSR    

MLTSPNSR   

Add S16-103, 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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S04284 Actions:

BILL NO    S04284 

03/11/2015 REFERRED TO ELECTIONS
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S04284 Votes:

There are no votes for this bill in this legislative session.
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S04284 Memo:

Memo not available
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S04284 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4284

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    March 11, 2015
                                      ___________

       Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections

       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    S  16-103.  PROCEEDINGS INVOLVING GENERAL OR SPECIAL ELECTION RESULTS.
    4  1. AN AGGRIEVED CANDIDATE MAY CONTEST ANY SPECIAL OR GENERAL ELECTION IN
    5  A PROCEEDING BROUGHT IN THE SUPREME COURT.
    6    2. A PROCEEDING PURSUANT TO THIS SECTION SHALL  BE  INSTITUTED  WITHIN
    7  TWENTY DAYS AFTER THE ELECTION TO WHICH IT RELATES. ANY PARTY MAY DEMAND
    8  THAT  ISSUES  OF FACT IN A PROCEEDING PURSUANT TO THIS SECTION BE DETER-
    9  MINED BY JURY TRIAL. THE COURT SHALL GIVE THE PARTIES AN OPPORTUNITY  TO
   10  DEMAND  A  JURY  TRIAL.  FAILURE  TO  MAKE SUCH A DEMAND WITHIN THE TIME
   11  LIMITED BY THE COURT, OR, IF NO SUCH TIME IS LIMITED, BEFORE  THE  TRIAL
   12  BEGINS, SHALL BE DEEMED A WAIVER OF THE RIGHT TO TRIAL BY JURY.
   13    3.  IN  A  PROCEEDING PURSUANT TO THIS SECTION THE COURT SHALL ORDER A
   14  NEW ELECTION IF CLEAR AND CONVINCING EVIDENCE DEMONSTRATES  THAT  FRAUD,
   15  IRREGULARITY  OR VOTING MACHINE FAILURE DEPRIVED THE AGGRIEVED CANDIDATE
   16  OF A WINNING MARGIN OF VOTES. SUCH NEW ELECTION SHALL INCLUDE  ALL  DULY
   17  ENROLLED  VOTERS  RESIDING  IN  THE  POLITICAL SUBDIVISION EMBRACING THE
   18  OFFICE CONTESTED. SUCH ELECTION SHALL BE HELD ON THE FIFTH TUESDAY AFTER
   19  THE COURT'S ORDER IS ISSUED; PROVIDED, HOWEVER, IF THE FIFTH TUESDAY  IS
   20  A  RELIGIOUS, FEDERAL OR STATE HOLIDAY THE NEW ELECTION SHALL BE HELD ON
   21  THE NEXT SUCCEEDING TUESDAY THEREAFTER WHICH IS NOT A RELIGIOUS, FEDERAL
   22  OR STATE HOLIDAY.
   23    4. ALL CANDIDATES ON THE BALLOT  AT  THE  ORIGINAL  ELECTION  FOR  THE
   24  CONTESTED  OFFICE  SHALL BE ON THE BALLOT AT THE NEW ELECTION; PROVIDED,
   25  HOWEVER, IF THE OFFICE CONTESTED IS ONE  FOR  WHICH  A  VOTER  MAY  CAST

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04853-01-5
       S. 4284                             2

    1  MULTIPLE  VOTES  FOR  TWO  OR  MORE  CANDIDATES FOR THE SAME OFFICE, ANY
    2  CANDIDATE FOR SUCH OFFICE WHOSE WINNING MARGIN AT THE ORIGINAL  ELECTION
    3  IS  NOT BY CLEAR AND CONVINCING EVIDENCE SHOWN TO BE INVALID, SHALL HAVE
    4  BEEN  DULY ELECTED AT THE ORIGINAL ELECTION, AND THE NUMBER OF POSITIONS
    5  TO BE ELECTED AT THE NEW ELECTION SHALL BE REDUCED ACCORDINGLY.
    6    5. THE COURT MAY ISSUE AN  INJUNCTION  TO  PREVENT  A  CANDIDATE  FROM
    7  WRONGLY  ASSUMING  OFFICE  UNTIL  SUCH TIME AS THE NEW ELECTION SHALL BE
    8  HELD. THE PROVISIONS OF SECTION FIVE OF THE PUBLIC  OFFICERS  LAW  SHALL
    9  APPLY IN THE INTERIM.
   10    6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT RIGHTS OR REME-
   11  DIES AVAILABLE PURSUANT TO THIS CHAPTER.
   12    S  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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