Provides that for any legal challenge to the constitutionality of a provision of the election law, venue shall be brought in the following designated court in the judicial department within which at least one plaintiff is located: first judicial department: New York county; second judicial department: Westchester county; third judicial department: Albany county; and fourth judicial department: Erie county.
STATE OF NEW YORK
________________________________________________________________________
5874
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to legal challenges to the
constitutionality of provisions of such law
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 16-101
2 to read as follows:
3 § 16-101. Actions or proceedings challenging provisions of this chap-
4 ter. 1. Notwithstanding any other law to the contrary, in any action or
5 proceeding in which any party challenges the constitutionality of a
6 provision of this chapter, and any related statutory claims, venue shall
7 be proper only in one of the following designated courts in a judicial
8 department within which at least one plaintiff is located:
9 (a) first judicial department: New York county;
10 (b) second judicial department: Westchester county;
11 (c) third judicial department: Albany county; or
12 (d) fourth judicial department: Erie county.
13 2. For the purposes of this section, a challenge to the constitution-
14 ality of a provision of this chapter shall mean a challenge in any form,
15 including but not limited to a claim, counter-claim, cross-claim,
16 defense, or affirmative defense. Such a claim may be raised by any
17 party, including but not limited to a plaintiff, defendant, third-party
18 plaintiff, third-party defendant, intervenor, or substituted party.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02388-01-3
