S04284 Summary:

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:

06/09/2015PRINT NUMBER 4284A
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S04284 Memo:

Memo not available
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S04284 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     March 11, 2015
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Elections  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4284--A                          2
     1  however,  if  the  office  contested  is  one for which a voter may cast
     2  multiple votes for two or more  candidates  for  the  same  office,  any
     3  candidate  for such office whose winning margin at the original election
     4  is  not by clear and convincing evidence shown to be invalid, shall have
     5  been duly elected at the original election, and the number of  positions
     6  to be elected at the new election shall be reduced accordingly.
     7    5.  The  court  may  issue  an  injunction to prevent a candidate from
     8  wrongly assuming office until such time as the  new  election  shall  be
     9  held.  The  provisions  of section five of the public officers law shall
    10  apply in the interim.
    11    6. Nothing in this section shall  be  construed  to  limit  any  other
    12  rights  or remedies available in law or equity or pursuant to this chap-
    13  ter.
    14    § 2. This act shall take effect immediately and  shall  apply  to  any
    15  election held on or after such effective date.
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