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N.Y. Elec. Law § 6-124

Conventions; judicial

Applied in 4 court decisions — leading case Stack v. Fisher (2014)

Most recently applied in Diamond v. DeJoseph (October 2014)

2014-09-22

§ 6-124. Conventions; judicial. A judicial district convention shall\nbe constituted by the election at the preceding primary of delegates and\nalternate delegates, if any, from each assembly district or, if an\nassembly district shall contain all or part of two or more counties and\nif the rules of the party shall so provide, separately from the part of\nsuch assembly district contained within each such county. The number of\ndelegates and alternates, if any, shall be determined by party rules,\nbut the number of delegates shall be substantially in accordance with\nthe ratio, which the number of votes cast for the party candidate for\nthe office of governor, on the line or column of the party at the last\npreceding election for such office, in any unit of representation, bears\nto the total vote cast at such election for such candidate on such line\nor column in the entire state. The number of alternates from any\ndistrict shall not exceed the number of delegates therefrom. The\ndelegates certified to have been elected as such, in the manner provided\nin this chapter, shall be conclusively entitled to their seats, rights\nand votes as delegates to such convention. When a duly elected delegate\ndoes not attend the convention, his place shall be taken by one of the\nalternates, if any, to be substituted in his place, in the order of the\nvote received by each such alternate as such vote appears upon the\ncertified list and if an equal number of votes were cast for two or more\nsuch alternates; the order in which such alternates shall be substituted\nshall be determined by lot forthwith upon the convening of the\nconvention. If there shall have been no contested election for\nalternate, substitution shall be in the order in which the name of such\nalternate appears upon the certified list, and if no alternates shall\nhave been elected or if no alternates appear at such convention, then\nthe delegates present from the same district shall elect a person to\nfill the vacancy.\n

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.