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N.Y. Elec. Law § 6-158

Nominating and designating petitions and certificates, conventions; times for filing and holding

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →

§ 6-158. Nominating and designating petitions and certificates,\nconventions; times for filing and holding. 1. A designating petition\nshall be filed not earlier than the tenth Monday before, and not later\nthan the ninth Thursday preceding the primary election.\n 2. A certificate of acceptance or declination of a designation shall\nbe filed not later than the fourth day after the last day to file such\ndesignation.\n 3. A certificate to fill a vacancy in a designation caused by\ndeclination shall be filed not later than the fourth day after the last\nday to decline. A certificate to fill a vacancy in a designation caused\nby death or disqualification shall be filed not later than ten days\nafter such death or disqualification or four days before the primary\nelection, whichever is earlier.\n 4. A petition of enrolled members of a party requesting an opportunity\nto write in the name of an undesignated candidate for a public office or\nparty position at a primary election shall be filed not later than the\neighth Thursday preceding the primary election. However, where a\ndesignating petition has been filed and the person named therein has\ndeclined such designation and another person has been designated to fill\nthe vacancy, then in that event, a petition for an opportunity to ballot\nin a primary election shall be filed not later than the seventh Thursday\npreceding such primary election.\n 5. A judicial district convention shall be held not earlier than the\nTuesday following the third Monday in September preceding the general\nelection and not later than the fourth Monday in September preceding\nsuch election.\n 6. A certificate of a party nomination made other than at the primary\nelection for an office to be filled at the time of a general election\nshall be filed not later than seven days after the fall primary\nelection, except that a certificate of nomination for an office which\nbecomes vacant after the seventh day preceding such primary election\nshall be filed not later than fourteen days after the creation of such\nvacancy and except, further, that a certificate of party nomination of\ncandidates for elector of president and vice-president of the United\nStates shall be filed not later than fourteen days after the fall\nprimary election, and except still further that a certificate of party\nnomination made at a judicial district convention shall be filed not\nlater than the day after the last day to hold such convention and the\nminutes of such convention, duly certified by the chairman and\nsecretary, shall be filed within seventy-two hours after adjournment of\nthe convention. A certificate of party nomination for an office to be\nfilled at a special election shall be filed not later than ten days\nfollowing the issuance of a proclamation of such election.\n 7. A certificate of acceptance or declination of a party nomination\nmade other than at a primary election for an office to be filled at the\ntime of a general election shall be filed not later than the third day\nafter the last day to file the certificate of such party nomination. A\ncertificate of acceptance or declination of a party nomination for an\noffice to be filled at a special election shall be filed not later than\ntwelve days following the issuance of a proclamation of such election.\n 8. A certificate to fill a vacancy caused by a declination of a party\nnomination for an office to be filled at the time of a general election\nshall be filed not later than four days after the last day to file such\ndeclination, except that if such nomination was made at the primary\nelection, such certificate shall be filed not later than ten days after\nthe last day to file such declination. A certificate to fill a vacancy\ncaused by a declination of a party nomination for an office to be filled\nat a special election shall be filed not later than fourteen days\nfollowing the issuance of a proclamation of such election. A certificate\nto fill a vacancy in a nomination caused by death or disqualification\nshall be filed not later than ten days after such death or\ndisqualification or four days before the election, whichever is earlier.\n 9. A petition for an independent nomination for an office to be filled\nat the time of a general election shall be filed not earlier than twelve\nweeks and not later than eleven weeks preceding such election. A\npetition for an independent nomination for an office to be filled at a\nspecial election shall be filed not later than twelve days following the\nissuance of a proclamation of such election. A petition for trustee of\nthe Long Island Power Authority shall be filed not earlier than seven\nweeks and not later than six weeks preceding the day of the election of\nsuch trustees.\n 10. Notwithstanding any other provisions of law, where a vacancy\noccurs less than fourteen days before the last day for the filing of an\nindependent petition for an office to be filled at the time of a general\nelection, or after the last day to file an independent petition, such\npetition may be filed for the said office within fourteen days after the\nvacancy occurs. A certificate of acceptance or declination in such an\nevent shall be filed within two days thereafter and a certificate to\nfill a vacancy caused by declination shall be filed within two days\nafter such declination has been filed.\n 11. A certificate of acceptance or declination of an independent\nnomination for an office to be filled at the time of a general election\nshall be filed not later than the third day after the eleventh Tuesday\npreceding such election except that a candidate who files such a\ncertificate of acceptance for an office for which there have been filed\ncertificates or petitions designating more than one candidate for the\nnomination of any party, may thereafter file a certificate of\ndeclination not later than the third day after the primary election. A\ncertificate of acceptance or declination of an independent nomination\nfor an office to be filled at a special election shall be filed not\nlater than fourteen days following the issuance of a proclamation of\nsuch election.\n 12. A certificate to fill a vacancy caused by a declination of an\nindependent nomination for an office to be filled at the time of a\ngeneral election shall be filed not later than the sixth day after the\neleventh Tuesday preceding such election. A certificate to fill a\nvacancy caused by a declination of an independent nomination for an\noffice to be filled at a special election shall be filed not later than\nsixteen days following the issuance of a proclamation of such election.\n 13. If a vacancy occurs too late to comply with the provisions of this\nsection, the certificates of nomination, certificates of acceptance or\ndeclination, certificates to fill a vacancy in such nomination and\ncertificates of authorization of a nomination shall be filed as soon as\npracticable.\n 14. A vacancy occurring before September twentieth of any year in any\noffice authorized to be filled at a general election, except in the\noffices of governor, lieutenant-governor, or United States senator shall\nbe filled at the general election held next thereafter, unless otherwise\nprovided by the constitution, or unless previously filled at a special\nelection.\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.