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.
STATE OF NEW YORK
________________________________________________________________________
440
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. PAULIN, CAHILL, GALEF, KAVANAGH, JAFFEE --
Multi-Sponsored by -- M. of A. BUCHWALD, PERRY -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00232-01-7
A. 440 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 any other
11 rights or remedies available in law or equity or pursuant to this chap-
12 ter.
13 § 2. This act shall take effect immediately and shall apply to any
14 election held on or after such effective date.
