S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    440
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  CAHILL,  GALEF, KAVANAGH, JAFFEE --
   Multi-Sponsored by -- M. of  A.  BUCHWALD,  PERRY  --  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:
   § 16-103. PROCEEDINGS INVOLVING GENERAL OR SPECIAL  ELECTION  RESULTS.
 1.  UPON  EVIDENCE  OF  FRAUD,  IRREGULARITIES  OR VIOLATIONS OF ARTICLE
 SEVENTEEN OF THIS CHAPTER AFFECTING THE OUTCOME OF A GENERAL OR  SPECIAL
 ELECTION  AN AGGRIEVED CANDIDATE MAY CONTEST ANY SUCH 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. THE COURT MAY DETER-
 MINE ISSUES OF FACT AND/OR LAW IN A PROCEEDING PURSUANT TO THIS SECTION.
   3. IN A PROCEEDING PURSUANT TO THIS SECTION THE COURT SHALL INVALIDATE
 THE  ELECTION  RESULTS  AND ORDER A NEW ELECTION IF CLEAR AND CONVINCING
 EVIDENCE DEMONSTRATES THAT FRAUD, IRREGULARITY OR VIOLATIONS OF  ARTICLE
 SEVENTEEN  OF THIS CHAPTER 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,
 HOWEVER,  IF  THE  OFFICE  CONTESTED  IS  ONE FOR WHICH A VOTER MAY CAST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00232-01-7

 A. 440                              2
 
 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 ANY OTHER
 RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY OR PURSUANT TO THIS  CHAP-
 TER.
   §  2.  This  act  shall take effect immediately and shall apply to any
 election held on or after such effective date.