S T A T E O F N E W Y O R K
________________________________________________________________________
1406
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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Introduced by M. of A. PAULIN, CAHILL, GALEF, KAVANAGH, JAFFEE --
Multi-Sponsored by -- M. of A. PERRY, SCARBOROUGH -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to court proceedings
involving disputed election results
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The election law is amended by adding a new section 16-103
to read as follows:
S 16-103. PROCEEDINGS INVOLVING GENERAL OR SPECIAL ELECTION RESULTS.
1. AN AGGRIEVED CANDIDATE MAY CONTEST ANY SPECIAL OR GENERAL ELECTION IN
A PROCEEDING BROUGHT IN THE SUPREME COURT.
2. A PROCEEDING PURSUANT TO THIS SECTION SHALL BE INSTITUTED WITHIN
TWENTY DAYS AFTER THE ELECTION TO WHICH IT RELATES. ANY PARTY MAY DEMAND
THAT ISSUES OF FACT IN A PROCEEDING PURSUANT TO THIS SECTION BE DETER-
MINED BY JURY TRIAL. THE COURT SHALL GIVE THE PARTIES AN OPPORTUNITY TO
DEMAND A JURY TRIAL. FAILURE TO MAKE SUCH A DEMAND WITHIN THE TIME
LIMITED BY THE COURT, OR, IF NO SUCH TIME IS LIMITED, BEFORE THE TRIAL
BEGINS, SHALL BE DEEMED A WAIVER OF THE RIGHT TO TRIAL BY JURY.
3. IN A PROCEEDING PURSUANT TO THIS SECTION THE COURT SHALL ORDER A
NEW ELECTION IF CLEAR AND CONVINCING EVIDENCE DEMONSTRATES THAT FRAUD,
IRREGULARITY OR VOTING MACHINE FAILURE DEPRIVED THE AGGRIEVED CANDIDATE
OF A WINNING MARGIN OF VOTES. SUCH NEW ELECTION SHALL INCLUDE ALL DULY
ENROLLED VOTERS RESIDING IN THE POLITICAL SUBDIVISION EMBRACING THE
OFFICE CONTESTED. SUCH ELECTION SHALL BE HELD ON THE FIFTH TUESDAY AFTER
THE COURT'S ORDER IS ISSUED; PROVIDED, HOWEVER, IF THE FIFTH TUESDAY IS
A RELIGIOUS, FEDERAL OR STATE HOLIDAY THE NEW ELECTION SHALL BE HELD ON
THE NEXT SUCCEEDING TUESDAY THEREAFTER WHICH IS NOT A RELIGIOUS, FEDERAL
OR STATE HOLIDAY.
4. ALL CANDIDATES ON THE BALLOT AT THE ORIGINAL ELECTION FOR THE
CONTESTED OFFICE SHALL BE ON THE BALLOT AT THE NEW ELECTION; PROVIDED,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04853-01-5
A. 1406 2
HOWEVER, IF THE OFFICE CONTESTED IS ONE FOR WHICH A VOTER MAY CAST
MULTIPLE VOTES FOR TWO OR MORE CANDIDATES FOR THE SAME OFFICE, ANY
CANDIDATE FOR SUCH OFFICE WHOSE WINNING MARGIN AT THE ORIGINAL ELECTION
IS NOT BY CLEAR AND CONVINCING EVIDENCE SHOWN TO BE INVALID, SHALL HAVE
BEEN DULY ELECTED AT THE ORIGINAL ELECTION, AND THE NUMBER OF POSITIONS
TO BE ELECTED AT THE NEW ELECTION SHALL BE REDUCED ACCORDINGLY.
5. THE COURT MAY ISSUE AN INJUNCTION TO PREVENT A CANDIDATE FROM
WRONGLY ASSUMING OFFICE UNTIL SUCH TIME AS THE NEW ELECTION SHALL BE
HELD. THE PROVISIONS OF SECTION FIVE OF THE PUBLIC OFFICERS LAW SHALL
APPLY IN THE INTERIM.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT RIGHTS OR REME-
DIES AVAILABLE PURSUANT TO THIS CHAPTER.
S 2. This act shall take effect immediately and shall apply to any
election held on or after such effective date.