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This entry was published on 2022-05-06
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SECTION 6-146
Nomination and designation; declination or acceptance
Election (ELN) CHAPTER 17, ARTICLE 6
§ 6-146. Nomination and designation; declination or acceptance. 1. A
person designated as a candidate for nomination or for party position,
or nominated for an office, otherwise than at a primary election, may,
in a certificate signed and acknowledged by him, and filed as provided
in this article, decline the designation or nomination; provided,
however, that, if designated or nominated for a public office other than
a judicial office by a party of which he is not a duly enrolled member,
or if designated or nominated for a public office other than a judicial
office by more than one party or independent body or by an independent
body alone, such person shall, in a certificate signed and acknowledged
by him, and filed as provided in this article, accept the designation or
nomination as a candidate of each such party or independent body other
than that of the party of which he is an enrolled member, otherwise such
designation or nomination shall be null and void.

2. If any designation or nomination is declined, the officer or board
to whom or which notification thereof is given shall forthwith inform by
mail or otherwise the committee authorized to fill the vacancy, that the
designation or nomination has been declined, and if such declination is
filed with the state board of elections after such board has given
official notice, pursuant to the provisions of this chapter, to the
several boards of elections that the name of the candidate filing such
declination is to appear on a ballot, such board also shall give
immediate notice by mail or otherwise that such designation or
nomination has been declined, to the several boards of elections which
prepare the official ballots for election districts affected by such
declination.

3. When a person who was not designated for nomination at a primary
election receives a nomination for public office at such primary
election, the officer or board with whom or which a designating petition
for such an office is required to be filed shall forthwith notify, by
mail, such person of his nomination, and that he must decline or accept
such nomination in writing as hereinafter provided.

4. A person nominated without designation for public office at a
primary election may decline such nomination. A person so nominated for
public office by a party of which he is not a duly enrolled member, must
decline or accept such nomination, otherwise such nomination shall be
null and void. Such declinations or acceptances must be filed not later
than five days after the mailing of notification of such nomination by
such officer or board. If the nomination is declined the vacancy may be
filled not later than three days after such declination shall have been
filed in the office of the officer or board.

5. A person who has been nominated for public office by a party or
parties and who is thereafter nominated for another office by one or
more of such parties, or who is thereafter nominated by the party to
fill a vacancy caused by such nomination or nominations to fill a
vacancy by the party, may decline such first nomination or nominations
not later than the third day after the filing of the certificate of his
nomination or nominations for such other office, but such a declination
shall not be effective if such other nomination or nominations by the
party is duly declined.

6. A person designated as a candidate for two or more party
nominations for an office to be filled at the time of a general election
who is not nominated at a primary election by one or more such parties
may decline the nomination of one or more parties not later than ten
days after the primary election.

7. A person designated as a candidate for nomination or for party
position, or nominated for an office, may, in a certificate signed and
acknowledged by such person and filed no later than the last day to
certify the ballot pursuant to section 4-110 or section 4-112 of this
chapter, decline the designation or nomination under the following
circumstances:

(a) where the person so nominated or designated has been arrested or
charged with one or more misdemeanors or felonies by the filing of an
accusatory instrument in a state court at any time after such person's
designation or nomination; or

(b) where the person so nominated or designated has been arrested or
charged with one or more misdemeanors or felonies by the filing of a
criminal complaint, information or indictment in federal court at any
time after such person's designation or nomination; or

(c) where the person so nominated or designated has been convicted of
one or more misdemeanors or felonies under state or federal law at any
time after such person's designation or nomination.