§ 16-102. Proceedings as to designations and nominations, primary\nelections, etc. 1. The nomination or designation of any candidate for\nany public office or party position or any independent nomination, or\nthe holding of an uncontested primary election, by reason of a petition\nfor an opportunity to ballot having been filed, or the election of any\nperson to any party position may be contested in a proceeding instituted\nin the supreme court by any aggrieved candidate, or by the chairman of\nany party committee or by a person who shall have filed objections, as\nprovided in this chapter, except that the chairman of a party committee\nmay not bring a proceeding with respect to a designation or the holding\nof an otherwise uncontested primary.\n 2. A proceeding with respect to a petition shall be instituted within\nfourteen days after the last day to file the petition, or within three\nbusiness days after the officer or board with whom or which such\npetition was filed, makes a determination of invalidity with respect to\nsuch petition, whichever is later; except that a proceeding with respect\nto a petition for a village election or an independent nomination for a\nspecial election shall be instituted within seven days after the last\nday to file the petition for such village election or independent\nnomination or within three business days after the officer or board with\nwhom or which such petition was filed, makes a determination of\ninvalidity with respect to such petition, whichever is later. A\nproceeding with respect to a primary, convention, meeting of a party\ncommittee, or caucus shall be instituted within ten days after the\nholding of such primary or convention or the filing of the certificate\nof nominations made at such caucus or meeting of a party committee.\n 3. The court may direct reassembling of any convention or the holding\nof a new primary election, or caucus where it finds there has been such\nfraud or irregularity as to render impossible a determination as to who\nrightfully was nominated or elected.\n 4. A final order in any proceeding involving the names of candidates\non ballots or voting machines shall be made, if possible, at least five\nweeks before the day of the election at which such ballots or voting\nmachines are to be used, or if such proceeding is commenced within five\nweeks of such election, no later than the day following the day on which\nthe case is heard.\n
N.Y. Elec. Law § 16-102
Proceedings as to designations and nominations, primary elections, etc
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.