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N.Y. Elec. Law § 8-100

Elections; dates of and hours for voting

Redline — January 1, 2020 → current.View current text →
Current — January 1, 2023
As of January 1, 2020
§ 8-100. Elections; dates of and hours for voting. 1. * (a) A primary\nelection shall be held on the fourth Tuesday in June before every\ngeneral election unless otherwise changed by an act of the legislature.\nMembers of the state and county committees and assembly district leaders\nand associate district leaders and all other party positions to be\nelected shall be elected at such primary and all nominations for public\noffice required to be made at a primary election in such year shall be\nmade at such primary. In the year two thousand twenty in which electors\nof president and vice president of the United States are to be elected\nan additional primary election, to be known as the presidential primary,\nshall be held on April twenty-eight, two thousand twenty unless\notherwise changed by an act of the legislature, for the purpose of\nelecting delegates and alternate delegates to the national convention.\n * NB Effective until December 31, 2020\n * (a) A primary election shall be held on the fourth Tuesday in June\nbefore every general election unless otherwise changed by an act of the\nlegislature. Members of the state and county committees and assembly\ndistrict leaders and associate district leaders and all other party\npositions to be elected shall be elected at such primary and all\nnominations for public office required to be made at a primary election\nin such year shall be made at such primary. In each year in which\nelectors of president and vice president of the United States are to be\nelected an additional primary election, to be known as the spring\nprimary, shall be held on the first Tuesday in February unless otherwise\nchanged by an act of the legislature, for the purpose of electing\ndelegates to the national convention.\n * NB Effective December 31, 2020\n (b) In the event a run-off primary election is required in the city of\nNew York, it shall be held on the fourth Tuesday next succeeding the\ndate on which the initial primary election was held.\n (c) The general election shall be held annually on the Tuesday next\nsucceeding the first Monday in November.\n * 2. Polls shall be open for voting during the following hours: a\nprimary election from twelve o'clock noon until nine o'clock in the\nevening, except in the city of New York and the counties of Nassau,\nSuffolk, Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and\nin such city or county from six o'clock in the morning until nine\no'clock in the evening; the general election from six o'clock in the\nmorning until nine o'clock in the evening; a special election called by\nthe governor pursuant to the public officers law, and, except as\notherwise provided by law, every other election, from six o'clock in the\nmorning until nine o'clock in the evening. Early voting times shall be\nas provided in section 8-600 of this article.\n * NB Effective until January 1, 2020\n * 2. Polls shall be open for voting during the following hours: a\nprimary election from six o'clock in the morning until nine o'clock in\nthe evening; the general election from six o'clock in the morning until\nnine o'clock in the evening; a special election called by the governor\npursuant to the public officers law, and, except as otherwise provided\nby law, every other election, from six o'clock in the morning until nine\no'clock in the evening; early voting hours shall be as provided in title\nsix of this article. Early voting times shall be as provided in section\n8-600 of this article.\n * NB Effective January 1, 2020\n 3. In any election district in which a primary of any party is\nuncontested, no primary of such party shall be held. In any election\ndistrict in which the primaries of all parties are uncontested on the\nday of any primary election, no primaries shall be held on such day and\nthe polling place shall not be opened for voting.\n 4. No primary, special or general election for any state or local\noffice or for the election of officers of any corporation which is\nfunded in whole or in part by federal, state or municipal moneys shall\nbe held on a Saturday or Sunday.\n
§ 8-100. Elections; dates of and hours for voting. 1. (a) A primary\nelection shall be held on the fourth Tuesday in June before every\ngeneral election unless otherwise changed by an act of the legislature.\nMembers of the state and county committees and assembly district leaders\nand associate district leaders and all other party positions to be\nelected shall be elected at such primary and all nominations for public\noffice required to be made at a primary election in such year shall be\nmade at such primary. In each year in which electors of president and\nvice president of the United States are to be elected an additional\nprimary election, to be known as the spring primary, shall be held on\nthe first Tuesday in February unless otherwise changed by an act of the\nlegislature, for the purpose of electing delegates to the national\nconvention.\n (b) In the event a run-off primary election is required in the city of\nNew York, it shall be held on the fourth Tuesday next succeeding the\ndate on which the initial primary election was held.\n (c) The general election shall be held annually on the Tuesday next\nsucceeding the first Monday in November.\n 2. Polls shall be open for voting during the following hours: a\nprimary election from six o'clock in the morning until nine o'clock in\nthe evening; the general election from six o'clock in the morning until\nnine o'clock in the evening; a special election called by the governor\npursuant to the public officers law, and, except as otherwise provided\nby law, every other election, from six o'clock in the morning until nine\no'clock in the evening; early voting hours shall be as provided in title\nsix of this article. Early voting times shall be as provided in section\n8-600 of this article.\n 3. In any election district in which a primary of any party is\nuncontested, no primary of such party shall be held. In any election\ndistrict in which the primaries of all parties are uncontested on the\nday of any primary election, no primaries shall be held on such day and\nthe polling place shall not be opened for voting.\n 4. No primary, special or general election for any state or local\noffice or for the election of officers of any corporation which is\nfunded in whole or in part by federal, state or municipal moneys shall\nbe held on a Saturday or Sunday.\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.