New York 2023-2024 Regular Session

New York Senate Bill S07514 Latest Draft

Bill / Introduced Version Filed 06/02/2023

   
  STATE OF NEW YORK ________________________________________________________________________ 7514 2023-2024 Regular Sessions  IN SENATE June 2, 2023 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the election law, in relation to certificates to fill a vacancy in a designation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 16-102 of the election law, 2 subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivi- 3 sion 2 as amended by chapter 164 of the laws of 2022, are amended to 4 read as follows: 5 1. The nomination or designation of any candidate for any public 6 office or party position or any independent nomination, or the holding 7 of an uncontested primary election, by reason of a petition for an 8 opportunity to ballot having been filed, or the election of any person 9 to any party position, or the certificate to fill a vacancy in a desig- 10 nation, may be contested in a proceeding instituted in the supreme court 11 by any aggrieved candidate, or by the chairman of any party committee or 12 by a person who shall have filed objections, as provided in this chap- 13 ter, except that the chairman of a party committee may not bring a 14 proceeding with respect to a designation or the holding of an otherwise 15 uncontested primary. 16 2. A proceeding with respect to a petition shall be instituted within 17 fourteen days after the last day to file the petition, within four days 18 after the last day that a certificate to fill a vacancy in a designation 19 shall be filed, or within three business days after the officer or board 20 with whom or which such petition was filed, makes a determination of 21 invalidity with respect to such petition or certificate to fill a vacan- 22 cy, whichever is later; except that a proceeding with respect to a peti- 23 tion for a village election or a nomination for a special election shall 24 be instituted within seven days after the last day to file the certif- 25 icate or petition for such village election or nomination or within EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11534-01-3 

 S. 7514 2 1 three business days after the officer or board with whom or which such 2 certificate or petition was filed, makes a determination of invalidity 3 with respect to such certificate or petition, whichever is later. A 4 proceeding with respect to a primary, convention, meeting of a party 5 committee, or caucus shall be instituted within ten days after the hold- 6 ing of such primary or convention or the filing of the certificate of 7 nominations made at such caucus or meeting of a party committee. 8 § 2. This act shall take effect immediately.