STATE OF NEW YORK
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1125
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
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Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to proceedings to chal-
lenge fraud or irregularity in general elections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 16-102 of the election law, as amended by chapter
2 373 of the laws of 1978, subdivision 2 as amended by chapter 79 of the
3 laws of 1992, and subdivision 4 as added by chapter 135 of the laws of
4 1986, is amended to read as follows:
5 § 16-102. Proceedings as to designations and nominations, primary and
6 general elections, etc. 1. The nomination or designation of any candi-
7 date for any public office or party position or any independent nomi-
8 nation, or the holding of an uncontested primary election, by reason of
9 a petition for an opportunity to ballot having been filed, or the
10 election of any person to any party position, or the election of a
11 candidate at a general election, may be contested in a proceeding insti-
12 tuted in the supreme court by any aggrieved candidate, or by the chair-
13 man of any party committee or by a person who shall have filed
14 objections, as provided in this chapter, except that the chairman of a
15 party committee may not bring a proceeding with respect to a designation
16 or the holding of an otherwise uncontested primary.
17 2. A proceeding with respect to a petition shall be instituted within
18 fourteen days after the last day to file the petition, or within three
19 business days after the officer or board with whom or which such peti-
20 tion was filed, makes a determination of invalidity with respect to such
21 petition, whichever is later; except that a proceeding with respect to a
22 petition for a village election or an independent nomination for a
23 special election shall be instituted within seven days after the last
24 day to file the petition for such village election or independent nomi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03660-01-9
A. 1125 2
1 nation or within three business days after the officer or board with
2 whom or which such petition was filed, makes a determination of invalid-
3 ity with respect to such petition, whichever is later. A proceeding with
4 respect to a general election, primary, convention, meeting of a party
5 committee, or caucus shall be instituted within ten days after the hold-
6 ing of such general election, primary or convention or the filing of the
7 certificate of nominations made at such caucus or meeting of a party
8 committee.
9 3. The court may direct reassembling of any convention or the holding
10 of a new general or primary election, or caucus where it finds there has
11 been such fraud or irregularity as to render impossible a determination
12 as to who rightfully was nominated or elected.
13 4. A final order in any proceeding involving the names of candidates
14 on ballots or voting machines shall be made, if possible, at least five
15 weeks before the day of the election at which such ballots or voting
16 machines are to be used, or if such proceeding is commenced within five
17 weeks of such election, no later than the day following the day on which
18 the case is heard.
19 § 2. This act shall take effect immediately and shall apply to general
20 elections held on and after such date.
