New York News
New York Secretary of State Office
http://www.dos.state.ny.us/
Updated 12/31/11
Primary is on April 24, 2012
§ 6-154. Nominations and designations; objections to. 1. Any petition
filed with the officer or board charged with the duty of receiving it
shall be presumptively valid if it is in proper form and appears to bear
the requisite number of signatures, authenticated in a manner prescribed
by this chapter.
2. Written objections to any certificate of designation or nomination
or to a nominating or designating petition or a petition for opportunity
to ballot for public office or to a certificate of acceptance, a
certificate of authorization, a certificate of declination or a
certificate of substitution relating thereto may be filed by any voter
registered to vote for such public office and to a designating petition
or a petition for opportunity to ballot for party position or a
certificate of substitution, a certificate of acceptance or a
certificate of declination relating thereto by any voter enrolled to
vote for such party position. Such objections shall be filed with the
officer or board with whom the original petition or certificate is filed
within three days after the filing of the petition or certificate to
which objection is made, or within three days after the last day to file
such a certificate, if no such certificate is filed except that if any
person nominated by an independent nominating petition, is nominated as
a party candidate for the same office by a party certificate filed, or a
party nomination made after the filing of such petition, the written
objection to such petition may be filed within three days after the
filing of such party certificate or the making of such party nomination.
When such an objection is filed, specifications of the grounds of the
objections shall be filed within six days thereafter with the same
officer or board and if specifications are not timely filed, the
objection shall be null and void. Each such officer or board is hereby
empowered to make rules in reference to the filing and disposition of
such petition, certificate, objections and specifications.
3. When a determination is made that a certificate or petition is
insufficient, such officer or board shall give notice of the
determination forthwith by mail to each candidate named in the petition
or certificate, and, if the determination is made upon specified
objections, the objector shall be notified.
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Portions of NY Election Law
selected by Leonard V. for relevance ….
State ofNew York
2011
Election Law
(AMENDED THROUGH JANUARY 1, 2011)
ARTICLE II OF STATE CONSTITUTION
SELECTED RULES AND REGULATIONS
Provided courtesy of the New York State Board of Elections
James A. Walsh, Co-Chair
Douglas A. Kellner, Co-Chair
Evelyn J.Aquila, Commissioner
Gregory P. Peterson, Commissioner
Todd D. Valentine, Co-Executive Director
Robert A. Brehm, Co-Executive Director
Kimberly A. Galvin, Special Counsel
Paul M. Collins, Deputy Counsel
Elizabeth C. Hogan, Enforcement Counsel
William J. McCann Jr., Special Deputy Counsel
Anna E. Svizzero, Director of Election Operations
Joseph T. Burns, Deputy Director of Election Operations
John W. Conklin, Director of Public Information
STATE BOARD OF ELECTIONS
40 STEUBEN STREETALBANY,NY12207
WEBSITE: www.elections.state.ny.us
PHONE: 518-474–8100 FAX: 518-486–4068
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TOWER PUBLISHING
SELECTED SECTIONS byLV
ELECTION LAW
§ 6–122. Designation or nomination; eligibility, restrictions
A person shall not be designated or nominated for a public office or party position who
(1) is not a citizen of the state ofNew York;
(2) is ineligible to be elected to such office or position; or
(3) who, if elected will not at the time of commencement of the term of such office or position, meet the constitutional or statutory qualifications thereof or, with respect to judicial office, who will not meet such qualifications within thirty days of the commencement of the term of such office.
(L.1976, c. 233, § 1. Amended L.1978, c. 373, § 55; L.1993, c. 511, § 9.)
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ELECTION LAW
§ 6–154. Nominations and designations; objections to
1. Any petition filed with the officer or board charged with the duty of receiving it shall be presumptively valid if it is in proper form and appears to bear the requisite number of signatures, authenticated in a manner prescribed by this chapter.
2. Written objections to any certificate of designation or nomination or to a nominating or designating petition or a petition for opportunity to ballot for public office or to a certificate of acceptance, a certificate of authorization, a certificate of declination or a certificate of substitution relating thereto may be filed by any voter registered to vote for such public office and to a designating petition or a petition for opportunity to ballot for party position or a certificate of substitution, a certificate of acceptance or a certificate of declination relating thereto by any voter enrolled to vote for such party position. Such objections shall be filed with the officer or board with whom the original petition or certificate is filed within three days after the filing of the petition or certificate to which objection is made, or within three days after the last day to file such a certificate, if no such certificate is filed except that if any person nominated by an independent nominating petition, is nominated as a party candidate for the same office by a party certificate filed, or a party nomination made after the filing of such petition, the written objection to such petition may be filed within three days after the filing of such party certificate or the making of such party nomination. When such an
objection is filed, specifications of the grounds of the objections shall be filed
within six days thereafter with the same officer or board and if specifications are not timely filed, the objection shall be null and void. Each such officer or board is hereby empowered to make rules in reference to the filing and disposition of such
petition, certificate, objections and specifications.
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ELECTION LAW
DESIGNATIONS AND NOMINATIONS § 6–158
3. When a determination is made that a certificate or petition is insufficient, such officer or board shall give notice of the determination forthwith by mail to each candidate named in the petition or certificate, and, if the determination is made upon specified objections, the objector shall be notified.
(L.1976, c. 233, § 1. Amended L.1978, c. 373, § 62; L.1981, c. 248, § 1.)
§ 6–156. Party nominations; certification
Certificates of nominations, made otherwise than at a primary, shall contain the name of the political party making the nomination, the title of the office for which such person is nominated, the name and residence of the nominee, the committee, if any, appointed to fill vacancies in the nominations, and shall be signed by the presiding officer and a secretary of the body making the nomination. When a nomination is made by a committee other than one composed of members of a state committee or a county committee, a certified copy of the rule or resolution constituting such committee, shall, if a copy thereof shall not have been filed previously, be attached to the certificate.
(L.1976, c. 233, § 1. Amended L.1996, c. 160, § 2.)
§ 6–158. Nominating and designating petitions and certificates,
conventions; times for filing and holding
1. A designating petition shall be filed not earlier than the tenth Monday before, and not later than the ninth Thursday preceding the primary election.
2. A certificate of acceptance or declination of a designation shall be filed not later than the fourth day after the last day to file such designation.
3. A certificate to fill a vacancy in a designation caused by declination shall be filed not later than the fourth day after the last day to decline. A certificate to fill a vacancy in a designation caused by death or disqualification shall be filed not
later than ten days after such death or disqualification or four days before the primary election, whichever is earlier.
4. A petition of enrolled members of a party requesting an opportunity to write in the name of an undesignated candidate for a public office or party position at a primary
193
election shall be filed not later than the eighth Thursday preceding the primary election. However, where a designating petition has been filed and the person named therein has declined such designation and another person has been
designated to fill the vacancy, then in that event, a petition for an opportunity to ballot in a primary election shall be filed not later than the seventh Thursday preceding such primary election.
5. A judicial district convention shall be held not earlier than the Tuesday following the third Monday in September preceding the general election and not later than the fourth Monday in September preceding such election.
6. A certificate of a party nomination made other than at the primary election for an office to be filled at the time of a general election shall be filed not later than seven days after the fall primary election, except that a certificate of nomination for an office which becomes vacant after the seventh day preceding such primary election shall be filed not later than fourteen days after the creation of such vacancy and except, further, that a certificate of party nomination of candidates for elector of president and vice-president of the United States shall be filed not later than fourteen days after the fall primary election, and except still further that a certificate of party nomination made at a judicial district convention shall be filed not later than the day after the last day to hold such convention and the minutes of such convention, duly certified by the chairman and secretary, shall
be filed within seventy-two hours after adjournment of the convention. A certificate of party nomination for an office to be filled at a special election shall be filed not later than ten days following the issuance of a proclamation of such
election.
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