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Assembly Bill A8666A

2015-2016 Legislative Session

Relates to judicial proceedings for designating or nominating petition or certificate

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A8666 - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §16-102, El L
Versions Introduced in 2017-2018 Legislative Session:
A7759

2015-A8666 - Summary

Relates to judicial proceedings; provides that any person may assert the validity of designating or nominating petition or certificate.

2015-A8666 - Bill Text download pdf 

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

                                  8666

                          I N  A S S E M B L Y

                            January 12, 2016
                               ___________

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

AN ACT to amend the election law, in relation to judicial proceedings

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

  Section  1.  Subdivision  2  of section 16-102 of the election law, as
amended by chapter 79 of the  laws  of  1992,  is  amended  to  read  as
follows:
  2.  (A)  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
petition 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-
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,  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.
  (B) IN ANY PROCEEDING COMMENCED PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  RELATED  TO A DESIGNATING OR NOMINATING PETITION OR CERTIF-
ICATE, ANY PARTY THERETO MAY PLEAD, AS  OF  RIGHT  WITHIN  THE  TIME  TO
ANSWER,  A COUNTER CLAIM, CROSS-PETITION, AFFIRMATIVE DEFENSE, OBJECTION
IN POINT OF LAW OR OTHER AVERMENT, FOR  THE  PURPOSE  OF  ASSERTING  THE
VALIDITY  OF  SUCH  DESIGNATING  OR  NOMINATING  PETITION OR CERTIFICATE
INCLUDING THE VALIDITY OF ANY SIGNATURE THEREON.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.    Effective  immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the  implementa-
tion  of  this act on its effective date are authorized to be made on or
before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2015-A8666A (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §16-102, El L
Versions Introduced in 2017-2018 Legislative Session:
A7759

2015-A8666A (ACTIVE) - Summary

Relates to judicial proceedings; provides that any person may assert the validity of designating or nominating petition or certificate.

2015-A8666A (ACTIVE) - Bill Text download pdf 

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

                                 8666--A

                          I N  A S S E M B L Y

                            January 12, 2016
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on  Election  Law  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to judicial proceedings

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

  Section 1. Subdivision 2 of section 16-102 of  the  election  law,  as
amended  by  chapter  79  of  the  laws  of  1992, is amended to read as
follows:
  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 OR VALIDITY 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 nomination or within three business days after  the  officer
or  board  with  whom or which such petition was filed, makes a determi-
nation of invalidity with respect to such 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 hold-
ing of such primary or convention or the filing of  the  certificate  of
nominations made at such caucus or meeting of a party committee.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.    Effective  immediately,  the  addition,  amendment
and/or  repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date are authorized to be made  on  or
before such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11880-04-6

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