S T A T E   O F   N E W   Y O R K
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                                  1675

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of A. DESTITO, KAVANAGH -- read once and referred to
  the Committee on Election Law

AN ACT to amend the election law, in relation to the jurisdiction of the
  supreme court to hear cases involving disputed results of general  and
  special 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,
SPECIAL AND GENERAL 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  PUBLIC  OFFICE  AT  ANY
PRIMARY,  SPECIAL  OR  GENERAL ELECTION 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.
  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.
                                                           LBD01697-01-1
              

A. 1675                             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 primary, SPECIAL OR GENERAL ELECTION, convention, meeting
of a party committee, or caucus shall  be  instituted  within  ten  days
after the holding of such [primary] ELECTION 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. IN THE CASE OF A PROCEEDING WITH
RESPECT TO A SPECIAL OR GENERAL ELECTION, THE COURT SHALL FINALLY DETER-
MINE WHO WAS RIGHTFULLY ELECTED; PROVIDED, HOWEVER,  THAT  WHEN  SUCH  A
DETERMINATION  CANNOT BE MADE, THE COURT MAY DIRECT THE HOLDING OF A NEW
ELECTION.
  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.