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This entry was published on 2020-04-17
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SECTION 2-122-A
National convention; national party conference
Election (ELN) CHAPTER 17, ARTICLE 2
* § 2-122-a. National convention; national party conference. 1. The
rules of the state committee of a party may provide that the delegates
and alternate delegates to a national convention or national party
conference be elected by a combination of all of the following methods:

a. By votes cast at a primary election for candidates for the office
of president of the United States in which the names of candidates for
such office appear on the ballot;

b. By votes cast at a primary election for candidates for the
positions of delegate and alternate delegate to a national convention in
districts no larger than congressional districts; and

c. By the state committee or a committee of the state committee at a
meeting or convention called for such purpose as the rules of the party
may provide.

2. If the rules of a state committee adopted pursuant to the
provisions of this section provide for a primary election in which the
office of president of the United States appears on the ballot,
designation of candidates for such office shall be made pursuant to the
provisions of sections 6-100, 6-118, 6-122 (except that such candidates
need not be citizens of New York but only citizens of the United
States), 6-130, 6-132 (except that references to a committee to fill
vacancies shall be deemed references to a committee to receive notices),
6-134, 6-144, the provisions with respect to declinations in
subdivisions one and two of section 6-146 (except that references to a
committee to fill vacancies shall be deemed references to a committee to
receive notices), 6-154, and subdivision one and the provision with
respect to declinations in subdivision two of section 6-158 (except that
such candidates may decline such designations not later than February
tenth, two thousand twenty) of this chapter. The state board of
elections shall forthwith notify the appropriate county boards of
elections of any such declination filed.

3. Designating petitions, where required for candidates for the office
of president of the United States to be voted on by voters of the entire
state in a primary election, must be signed by not less than five
thousand of the then enrolled voters of the party in the state.

4. If the rules of a state committee provide for a primary election in
which the office of the president of the United States appears on the
ballot, in addition to the spaces on the ballot with the names of the
candidates designated for such office there may be a space with the word
"uncommitted". The "uncommitted" space shall be listed on the ballot
provided that a designating petition for such "uncommitted" space which
meets the same requirements as a petition designating a candidate for
the office of president of the United States is filed in the same manner
as is required for such a petition.

5. a. The form of a petition requesting that an "uncommitted" space be
listed on the ballot at a primary election for the office of president
of the United States held pursuant to the provisions of this section
shall be substantially as follows:

I, the undersigned, do hereby state that I am a duly enrolled voter of
the .................... Party and entitled to vote at the next primary
election of such party to be held on the ...... day of
................ 20..., that my place of residence is truly stated
opposite my signature hereto, and I do hereby request that an
"uncommitted" space be listed on the ballot at the primary election of
such party for the office of president of the United States.

b. The appointment of a committee to receive notices shall be in the
form prescribed for a petition for an opportunity to ballot. The
signatures on the petition with all the required information and the
signed statement of a witness or authentication by a person authorized
to take oaths shall be in the form prescribed for a designating petition
for such office.

6. a. If the rules of a state committee, adopted pursuant to the
provisions of this section, provide that the positions of delegate and
alternate delegate to a national convention appear on the ballot,
designation of candidates for such positions shall be made pursuant to
the provisions of sections 6-100, 6-118, 6-122, 6-130, 6-132 (except
that references to a committee to fill vacancies shall be deemed
references to a committee to receive notices), 6-134, 6-144, the
provisions with respect to declinations in subdivisions one and two of
section 6-146 (except that references to a committee to fill vacancies
shall be deemed references to a committee to receive notices), 6-147,
6-154, and subdivision one and the provision with respect to
declinations in subdivision two and subdivision three of section 6-158
of this chapter.

b. Candidates for the positions of district delegate and alternate
district delegate to a national party convention pursuant to the
provisions of this section shall be enrolled members of such party and
residents of the district in which they are candidates. The board of
elections with which a petition is filed shall conduct a prima facie
review of the enrollment status of candidates for district delegate and
alternate district delegate to determine ballot eligibility. The
congressional districts used for the election of such delegates and
alternate delegates shall be those districts in effect for the two
thousand eighteen congressional elections.

c. Designating petitions for candidates for such positions must be
signed by at least five hundred enrolled voters of the party residing in
the district in which such candidates are designated, or by at least
one-half of one percent (0.5%) of the then enrolled voters of such party
in such district, whichever is less. Such petition signature requirement
shall be computed using the official February first, two thousand
nineteen enrollments published by the state board of elections.

d. The designating petition for any such candidate or candidates shall
have printed thereon prior to the affixing of any signatures thereto, a
legend naming the presidential candidate whom such candidates are
pledged to support, or a legend that such candidates are uncommitted.
Such legend shall be part of the title of such position.

e. No designating petition containing the names of more than one
candidate for either such position shall be valid under this section,
for purposes of delegates and alternate delegates, unless all such
candidates for such positions have printed on such petition the legend
that they are pledged to the same presidential candidate or unless all
such candidates for such positions have printed on such petition the
legend that they are uncommitted.

f. On the designating petition shall appear, in parenthesis, the
letter (M) if the candidate identifies as male, the letter (F) if the
candidate identifies as female or the letters (NB) if the candidate
identifies as non-binary. No designating petition containing the names
of more than one candidate for either such position shall be
presumptively valid unless among the candidates for delegate as a group,
and among the candidates for alternate as a group, the variance within
each group between those identifying as male and those identifying as
female shall be no greater than one.

g. In the event that a designating petition is filed for candidates
for such positions listed as pledged to support a presidential candidate
or as uncommitted, and the name of such presidential candidate, or the
word uncommitted, will not appear on the ballot at the presidential
primary election in two thousand twenty, then the petition designating
such candidates for such positions shall be null and void and the names
of such candidates for such positions shall not appear on the ballot.

h. Every board of elections with which designating petitions are filed
pursuant to the provisions of this section shall, not later than four
days after the last day to file such petitions, file with the state
board of elections by express mail or by electronic transmission, a
complete list of all candidates for delegate and alternate delegate
together with their residence addresses, the districts in which they are
candidates and the name of the presidential candidate whom they are
pledged to support or that they are uncommitted. Such boards of
elections shall, not later than the day after a certificate of
declination or substitution is filed with respect to any such candidate,
file such information with respect to such candidate with the state
board of elections by electronic transmission.

7. a. The rules of a state committee adopted pursuant to the
provisions of this section may provide that no candidate for the
positions of delegate and alternate delegate may appear on the ballot as
pledged to support a particular presidential candidate, or as
uncommitted, unless the name of such candidate for such position appears
on a certificate listing the names of those candidates for such
positions who have filed statements of candidacy for such positions with
the secretary of the state committee within the time prescribed by such
rules and who, if their statements of candidacy contained a pledge of
support of a presidential candidate, were not rejected by such
presidential candidate. Such certificate shall also list the address and
gender of each such candidate for delegate and alternate delegate and
the district in which such candidate may appear on the ballot.

b. Such certificate shall be filed by the secretary of such state
committee, with the board of elections with which the designating
petitions for such candidates for such positions are required to be
filed, not later than February eighteenth, two thousand twenty.

c. In the event that a designating petition for candidates for such
positions, listed as pledged to support a presidential candidate,
contains the names of one or more persons who have not been permitted by
such presidential candidate to appear on the ballot as so pledged
pursuant to the provisions of this section, then the names of such
candidates shall not appear on the ballot but the names of other
candidates on such petition who have been permitted by the presidential
candidate to appear on the ballot shall be placed on the ballot provided
that such candidates are otherwise eligible and that such petition is
otherwise valid.

d. The state board of elections shall send a copy of the certificate
required by section 4-110 of this chapter to the secretary of the state
committee of each party conducting a primary pursuant to the provisions
of this section not later than March fourth, two thousand twenty. Every
other board of elections with which designating petitions for delegate
and alternate delegate were filed pursuant to the provisions of this
section shall, not later than March fifth, two thousand twenty, send a
list of the names and addresses of those candidates who will appear on
the ballot to the secretary of each such state committee.

8. a. If the rules of a state committee adopted pursuant to the
provisions of this section provide for an election in which candidates
for the office of president of the United States and the word
"uncommitted" and candidates for the positions of delegate and alternate
delegate to a national convention appear on the ballot, such ballot
shall be arranged in the manner prescribed by this section.

b. The name of each candidate for the office of president of the
United States who has qualified to appear on the ballot and the word
"uncommitted," if a valid designating petition to place such word on the
ballot was filed with the state board of elections, shall appear in a
separate row or column. The names of all the candidates for delegate to
a national convention who filed designating petitions containing a
legend naming the presidential candidate whom they are pledged to
support or stating that they are uncommitted shall be listed in such row
or column immediately under or adjacent to the name of such presidential
candidate or the word "uncommitted," followed by the names of all
candidates for alternate delegate to such convention who filed such
petitions. If the number of candidates, or groups of candidates for
delegate and alternate delegate who are pledged to support a particular
presidential candidate or who are uncommitted is greater than the number
who may be listed in one row or column and if there are more rows or
columns available on the ballot than are required for the candidates for
president who have qualified to appear on the ballot, then the board of
elections shall use two rows or columns on such ballot to list the names
of such candidates for delegate and alternate delegate.

c. The order of the names of candidates for the office of president
and the word "uncommitted" on the ballot and the order of the names of
candidates for the positions of delegate or alternate delegate within a
particular row or column shall be determined pursuant to the provisions
of subdivision three of section 7-116 of this chapter except that names
of candidates for such positions who are designated by individual
petitions and not in a group shall have their positions determined by
lot in the same drawing as groups and except further that candidates or
groups of candidates for delegates and alternate delegates designated by
the same petition shall be treated as one group for the purposes of such
determination by lot. The provisions of subdivision six of such section
7-116 of this chapter shall not apply to any election conducted pursuant
to the provisions of this section.

d. Immediately following the name of each candidate for delegate and
alternate delegate on the ballot shall appear, in parenthesis, the
letter (M) if such candidate identifies as male, the letter (F) if such
candidate identifies as female, or the letters (NB) if such candidate
identifies as non-binary.

9. All primary elections conducted pursuant to the provisions of this
section shall use only voting systems authorized by title two of article
seven of this chapter.

10. Persons entitled to vote pursuant to section 11-200 of this
chapter shall be entitled to sign designating petitions for, and vote
in, any election held pursuant to the provisions of this section.

11. If the rules of a state committee provide for a primary election
in which the office of president of the United States and the positions
of delegate and alternate delegate to a national convention appear on
the ballot pursuant to the provisions of this section, the state board
of elections and the county boards of elections as the case may be shall
canvass the results of such primary election for such office and
positions pursuant to the provisions of sections 9-200 and 9-202 of this
chapter, and shall certify to the secretary of the state committee of
such party the votes cast for each candidate for such office and
positions in such primary election and the votes cast for the
"uncommitted" preference, tallied separately by congressional districts,
except that no candidate or "uncommitted" preference shall be certified
as nominated or elected to any such office or position.

12. Except as provided in this section and party rules and
regulations, all provisions of the election law, except any provisions
of section 2-122 of this article which are inconsistent with this
section and those sections and subdivisions of article six of this
chapter not specified in this section, shall apply to elections
conducted pursuant to this section.

13. Notwithstanding any inconsistent provision of law to the contrary,
prior to forty-five days before the actual date of a presidential
primary election, if a candidate for office of the president of the
United States who is otherwise eligible to appear on the presidential
primary ballot to provide for the election of delegates to a national
party convention or a national party conference in any presidential
election year, publicly announces that they are no longer seeking the
nomination for the office of president of the United States, or if the
candidate publicly announces that they are terminating or suspending
their campaign, or if the candidate sends a letter to the state board of
elections indicating they no longer wish to appear on the ballot, the
state board of elections may determine by such date that the candidate
is no longer eligible and omit said candidate from the ballot; provided,
however, that for any candidate of a major political party, such
determination shall be solely made by the commissioners of the state
board of elections who have been appointed on the recommendation of such
political party or the legislative leaders of such political party, and
no other commissioner of the state board of elections shall participate
in such determination.

14. Notwithstanding any inconsistent provision of law, candidates for
delegates and/or alternate delegates who are pledged to candidates of
the office of president of the United States who have been omitted
pursuant to subdivision thirteen of this section shall also be omitted
from the certificate required by section 4-110 of this chapter and/or
shall be determined to not be a candidate pursuant to section 4-114 of
this chapter. Upon a timely determination of the state board pursuant to
subdivision thirteen of this section any prior certification shall be
amended forthwith. There shall be no substitution of any candidate
omitted pursuant to subdivision thirteen of this section or this
subdivision.

* NB Repealed December 31, 2020