N.Y. Election Law 16-102 – Proceedings as to designations and nominations, primary elections, etc
§ 16-102. Proceedings as to designations and nominations, primary elections, etc. 1. The nomination or designation of any candidate for any public office or party position or any independent nomination, or the holding of an uncontested primary election, by reason of a petition for an opportunity to ballot having been filed, or the election of any person to any party position, or the certificate to fill a vacancy in a designation, may be contested in a proceeding instituted in the supreme court by any aggrieved candidate, or by the chairman of any party committee or by a person who shall have filed objections, as provided in this chapter, except that the chairman of a party committee may not bring a proceeding with respect to a designation or the holding of an otherwise uncontested primary.
Terms Used In N.Y. Election Law 16-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Fraud: Intentional deception resulting in injury to another.
2. A proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition, within four days after the last day that a certificate to fill a vacancy in a designation shall be filed, or within three business days after the officer or board with whom or which such petition was filed, makes a determination of invalidity with respect to such petition or certificate to fill a vacancy, whichever is later; except that a proceeding with respect to a petition for a village election or a nomination for a special election shall be instituted within seven days after the last day to file the certificate or petition for such village election or nomination or within three business days after the officer or board with whom or which such certificate or petition was filed, makes a determination of invalidity with respect to such certificate or petition, whichever is later. A proceeding with respect to a primary, convention, meeting of a party committee, or caucus shall be instituted within ten days after the holding of such primary or convention or the filing of the certificate of nominations made at such caucus or meeting of a party committee.
3. The court may direct reassembling of any convention or the holding of a new primary election, or caucus where it finds there has been such fraud or irregularity as to render impossible a determination as to who rightfully was nominated or elected.
4. A final order including the resolution of any appeals in any proceeding involving the names of candidates on ballots or voting machines shall be made, if possible, at least five weeks before the day of the election at which such ballots or voting machines are to be used, or if such proceeding is commenced within five weeks of such election, no later than the day following the day on which the case is heard.