Extends the timeframe during which a proceeding with respect to a primary, convention, meeting of a party committee or caucus shall be instituted to twenty-five days after the holding of such primary or convention or the filing of the certificate of nominations made at such caucus or meeting of a party committee.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5950
SPONSOR: Simon TITLE OF BILL:
An act to amend the election law, in relation to extending the timeframe
during which a proceeding with respect to a primary, convention, meeting
of a party committee or caucus shall be instituted
PURPOSE OR GENERAL IDEA OF BILL:
to amend the election law, in relation to extending the timeframe during
which a proceeding with respect to a primary, convention, meeting of a
party committee or caucus shall be instituted
SUMMARY OF SPECIFIC PROVISIONS:
section 1. Subdivision 2 of section 16-102 of the election law, as
amended by chapter 79 of the laws of 1992
JUSTIFICATION:
absentee ballots and mail in ballots are being utilized more than ever
before. There is a need to have more time allotted to cure an elections
result. Given that absentee ballots and mail in ballots can take longer
than one week to count accurately and cure the erro rs. The current
time frame of 10 days after such a meeting for a challenge to the
results of an election does not allot for enough ti me. The bill seeks
to allow for a proceeding with respect to a primary, convention, meeting
of a party committee or caucus shall be d one within twenty-five days
after holding of such primary or convention or the filing of the certif-
icate of nominations made at the caucus or meeting of a party committee.
PRIOR LEGISLATIVE HISTORY:
2023-24: A10646 Simon -referred to election law
2022: A8242 Simon -referred to election law
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
this act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5950
2025-2026 Regular Sessions
IN ASSEMBLY
February 25, 2025
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to extending the timeframe
during which a proceeding with respect to a primary, convention, meet-
ing of a party committee or caucus shall be instituted
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 16-102 of the election law, as
2 amended by chapter 474 of the laws of 2023, is amended to read as
3 follows:
4 2. A proceeding with respect to a petition shall be instituted within
5 fourteen days after the last day to file the petition, within four days
6 after the last day that a certificate to fill a vacancy in a designation
7 shall be filed, or within three business days after the officer or board
8 with whom or which such petition was filed, makes a determination of
9 invalidity with respect to such petition or certificate to fill a vacan-
10 cy, whichever is later; except that a proceeding with respect to a peti-
11 tion for a village election or a nomination for a special election shall
12 be instituted within seven days after the last day to file the certif-
13 icate or petition for such village election or nomination or within
14 three business days after the officer or board with whom or which such
15 certificate or petition was filed, makes a determination of invalidity
16 with respect to such certificate or petition, whichever is later. A
17 proceeding with respect to a primary, convention, meeting of a party
18 committee, or caucus shall be instituted within [ten] twenty-five days
19 after the holding of such primary or convention or the filing of the
20 certificate of nominations made at such caucus or meeting of a party
21 committee.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06743-01-5
