S T A T E O F N E W Y O R K
________________________________________________________________________
273
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. PAULIN, CAHILL, GALEF, 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03709-01-9
A. 273 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 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.