Assembly Bill A1125

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1125

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation to  proceedings  to  chal-
  lenge fraud or irregularity in general elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 16-102 of the election law, as amended  by  chapter
373  of  the laws of 1978, subdivision 2 as amended by chapter 79 of the
laws of 1992, and subdivision 4 as added by chapter 135 of the  laws  of
1986, is amended to read as follows:
  S  16-102. Proceedings as to designations and nominations, primary AND
GENERAL elections, etc. 1. The nomination or designation of  any  candi-
date  for  any  public office or party position or any independent nomi-
nation, 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  ELECTION  OF  A
CANDIDATE AT A GENERAL ELECTION, may be contested in a proceeding insti-
tuted  in the supreme court by any aggrieved candidate, or by the chair-
man 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.
  2. A proceeding with respect to a petition shall be instituted  within
fourteen  days  after the last day to file the petition, or within three
business days after the officer or board with whom or which  such  peti-
tion was filed, makes a determination of invalidity with respect to such
petition, whichever is later; except that a proceeding with respect to a
petition  for  a  village  election  or  an independent nomination for a
special election shall be instituted within seven days  after  the  last
day  to file the petition for such village election or independent nomi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03660-01-9

A. 1125                             2

nation or within three business days after the  officer  or  board  with
whom or which such petition was filed, makes a determination of invalid-
ity with respect to such petition, whichever is later. A proceeding with
respect  to  a GENERAL ELECTION, primary, convention, meeting of a party
committee, or caucus shall be instituted within ten days after the hold-
ing of such GENERAL ELECTION, 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 GENERAL OR 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 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.
  S 2. This act shall take effect immediately and shall apply to general
elections held on and after such date.