1. The Laws of New York
  2. Consolidated Laws
  3. Election
  4. Article 6: Designation and Nomination of Candidates

Section 6-148 Nomination and designation; filling vacancies

Election (ELN)

1. A vacancy in a designation or nomination caused by declination, where a declination is permitted by this article, or by the death or disqualification of the candidate, or by a tie vote at a primary, may be filled by the making and filing of a certificate, setting forth the fact and cause of the vacancy, the title of the office, the name of the original candidate, if any, and the name and address of the candidate newly designated or nominated.

  2. A vacancy in a designation or independent nomination, or in a party nomination made otherwise than at a primary, may be filled by a majority of the committee to fill vacancies shown upon the face of the petition or certificate of the designation or nomination in which the vacancy occurs.

  3. A vacancy in a nomination made at a primary, or by a tie vote thereat, may be filled by a majority of the members, of the party committee or committees last elected in the political subdivision in which the vacancy occurs, present at a meeting at which there is a quorum, or by a majority of such other committee as the rules of the party may provide.

  4. If the vacancy be filled by a committee named in a petition or certificate of nomination, the new certificate shall be signed by a majority of such committee; if filled by any other committee, it shall be signed by the presiding officer and secretary of the committee. Appended to the certificate shall be the affidavit of the persons signing the certificate that they were a majority of such committee, or such officers, as the case may be, and that the statements in such certificate are true.

  5. The certificate designating a person to fill a vacancy in a designation or nomination shall have appended thereto his written consent to be so designated or nominated, duly acknowledged.

  6. When a certificate of a new designation or nomination shall be 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, of the names to appear on the ballot at the election to which such new designation or nomination applies, such board shall forthwith certify to the proper board of elections the name of the person designated or nominated by such certificate and such other facts as are required to be stated therein.