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N.Y. Elec. Law § 6-148

Nomination and designation; filling vacancies

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2026). View current text →

§ 6-148. Nomination and designation; filling vacancies. 1. A vacancy\nin a designation or nomination caused by declination, where a\ndeclination is permitted by this article, or by the death or\ndisqualification of the candidate, or by a tie vote at a primary, may be\nfilled by the making and filing of a certificate, setting forth the fact\nand cause of the vacancy, the title of the office, the name of the\noriginal candidate, if any, and the name and address of the candidate\nnewly designated or nominated.\n 2. A vacancy in a designation or independent nomination, or in a party\nnomination made otherwise than at a primary, may be filled by a majority\nof the committee to fill vacancies shown upon the face of the petition\nor certificate of the designation or nomination in which the vacancy\noccurs.\n 3. A vacancy in a nomination made at a primary, or by a tie vote\nthereat, may be filled by a majority of the members, of the party\ncommittee or committees last elected in the political subdivision in\nwhich the vacancy occurs, present at a meeting at which there is a\nquorum, or by a majority of such other committee as the rules of the\nparty may provide.\n 4. If the vacancy be filled by a committee named in a petition or\ncertificate of nomination, the new certificate shall be signed by a\nmajority of such committee; if filled by any other committee, it shall\nbe signed by the presiding officer and secretary of the committee.\nAppended to the certificate shall be the affidavit of the persons\nsigning the certificate that they were a majority of such committee, or\nsuch officers, as the case may be, and that the statements in such\ncertificate are true.\n 5. The certificate designating a person to fill a vacancy in a\ndesignation or nomination shall have appended thereto his written\nconsent to be so designated or nominated, duly acknowledged.\n 6. When a certificate of a new designation or nomination shall be\nfiled with the state board of elections after such board has given\nofficial notice, pursuant to the provisions of this chapter, to the\nseveral boards of elections, of the names to appear on the ballot at the\nelection to which such new designation or nomination applies, such board\nshall forthwith certify to the proper board of elections the name of the\nperson designated or nominated by such certificate and such other facts\nas are required to be stated therein.\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.