N.Y. Elec. Law § 16-106

§ 16-106. Proceedings as to the casting and canvass of ballots. * 1.\nThe casting or canvassing or refusal to cast challenged ballots, blank\nballots, void or canvass absentee, military, special federal, federal\nwrite-in or emergency ballots and ballots voted in affidavit envelopes\nby persons whose registration poll records were not in the ledger or\nwhose names were not on the computer generated registration list on the\nday of election or voters in inactive status, voters who moved to a new\naddress in the city or county or after they registered or voters who\nclaimed to be enrolled in a party other than that shown on their\nregistration poll record or on the computer generated registration list\nand the original applications for a military, special federal, federal\nwrite-in, emergency or absentee voter's ballot may be contested in a\nproceeding instituted in the supreme or county court, by any candidate\nor the chairman of any party committee, and by any voter with respect to\nthe refusal to cast such voter's ballot, against the board of canvassers\nof the returns from such district, if any, and otherwise against the\nboard of inspectors of election of such district. If the court\ndetermines that the person who cast such ballot was entitled to vote at\nsuch election, it shall order such ballot to be cast and canvassed if\nthe court finds that ministerial error by the board of elections or any\nof its employees caused such ballot envelope not to be valid on its\nface.\n * NB Effective until January 1, 2022\n * 1. The post-election refusal to cast: (a) challenged ballots, blank\nballots, or void ballots; (b) absentee, military, special, or federal\nwrite-in ballots; (c) emergency ballots; and (d) ballots voted in\naffidavit envelopes may be contested in a proceeding instituted in the\nsupreme or county court, by any candidate or the chairman of any party\ncommittee, and by any voter with respect to the refusal to cast such\nvoter's ballot, against the board of canvassers of the returns from such\ndistrict, if any, and otherwise against the board of inspectors of\nelection of such district. If the court determines that the person who\ncast such ballot was entitled to vote at such election, it shall order\nsuch ballot to be cast and canvassed, including if the court finds that\nministerial error by the board of elections or any of its employees\ncaused such ballot envelope not to be valid on its face.\n * NB Effective January 1, 2022\n 2. The canvass of returns by the state, or county, city, town or\nvillage board of canvassers may be contested, in a proceeding instituted\nin the supreme court by any voter, except a proceeding on account of the\nfailure of the state board of canvassers to act upon new returns of a\nboard of canvassers of any county made pursuant to the order of a court\nor justice, which may be instituted only by a candidate aggrieved or a\nvoter in the county.\n 3. The attorney general, on behalf of the state, and the chairman of\nthe state committee of a party, may institute any proceeding allowed\nherein relating to the returns of canvass by inspectors upon the vote of\nany ballot proposal submitted to the people of the state.\n * 4. The court may direct a recanvass or the correction of an error,\nor the performance of any duty imposed by law on such a state, county,\ncity, town or village board of inspectors, or canvassers.\n * NB Effective until January 1, 2022\n * 4. The court shall ensure the strict and uniform application of the\nelection law and shall not permit or require the altering of the\nschedule or procedures in section 9-209 of this chapter but may direct a\nrecanvass or the correction of an error, or the performance of any duty\nimposed by this chapter on such a state, county, city, town or village\nboard of inspectors, or canvassers.\n * NB Effective January 1, 2022\n * 5. A proceeding under subdivisions one and three of this section\nmust be instituted within twenty days and under subdivision two, within\nthirty days after the election or alleged erroneous statement or\ndetermination was made, or the time when the board shall have acted in\nthe particulars as to which it is claimed to have failed to perform its\nduty, except that such a proceeding with respect to a village election\nmust be instituted within ten days after such election, statement,\ndetermination or action.\n * NB Effective until January 1, 2022\n * 5. In the event procedural irregularities or other facts arising\nduring the election suggest a change or altering of the canvass\nschedule, as provided for in section 9-209 of this chapter, may be\nwarranted, a candidate may seek an order for temporary or preliminary\ninjunctive relief or an impound order halting or altering the canvassing\nschedule of absentee, military, special or affidavit ballots. Upon any\nsuch application, the board or boards of elections have a right to be\nheard. To obtain such relief, the petitioner must meet the criteria in\narticle sixty-three of the civil practice law and rules and show by\nclear and convincing evidence, that, because of procedural\nirregularities or other facts arising during the election, the\npetitioner will be irreparably harmed absent such relief. For the\npurposes of this section, allegations that opinion polls show that an\nelection is close is insufficient to show irreparable harm to a\npetitioner by clear and convincing evidence.\n * NB Effective January 1, 2022\n * 6. A proceeding under subdivisions one and three of this section\nmust be instituted within twenty days and under subdivision two, within\nthirty days after the election or alleged erroneous statement or\ndetermination was made, or the time when the board shall have acted in\nthe particulars as to which it is claimed to have failed to perform its\nduty, except that such a proceeding with respect to a village election\nmust be instituted within ten days after such election, statement,\ndetermination or action.\n * NB Effective January 1, 2022\n