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NEW YORK ELECTION
ELN

Last update: 2011-11-11


  • Article 1. General Provisions 1-100 - 1-106
  • Article 2. Party Organization 2-100 - 2-126
  • Article 3. Election Officials
    • Title 1. Statewide Provisions 3-100 - 3-110
    • Title 2. Board of Elections 3-200 - 3-226
    • Title 3. Election Personnel 3-300 - 3-302
    • Title 4. Election Inspectors and Poll Clerks 3-400 - 3-420
    • Title 5. Alternate Provisions 3-502 - 3-506
  • Article 4. Proceedings Preliminary to Registration, Enrollment and Elections 4-100 - 4-138
  • Article 5. Registration and Enrollment of Voters
    • Title 1. General Provisions 5-100 - 5-106
    • Title 2. Registration and Enrollment 5-202 - 5-230
    • Title 3. Enrollment 5-300 - 5-310
    • Title 4. Cancellation of Registration 5-400 - 5-404
    • Title 5. Registration Records 5-500 - 5-508
    • Title 6. Filing and Custody of Registration Records 5-600 - 5-614
    • Title 7. Checks Against Fraudulent Practices 5-700 - 5-712
  • Article 6. Designation and Nomination of Candidates 6-100 - 6-168
    • Title 2. Village Elections 6-200 - 6-212
  • Article 7. Election Ballot
    • Title 1. Form of Ballots 7-100 - 7-130
    • Title 2. Voting Machines 7-200 - 7-209
  • Article 8. Conduct of Elections
    • Title 1. Polling Places 8-100 - 8-106
    • Title 2. Election Inspectors 8-202
    • Title 3. Casting the Ballot 8-300 - 8-316
    • Title 4. Absentee Voting 8-400 - 8-412
    • Title 5. Challenging Voters 8-500 - 8-510
  • Article 9. Canvass of Results
    • Title 1. Canvass at Polling Places 9-100 - 9-128
    • Title 2. Canvass by Board of Elections 9-200 - 9-220
  • Article 10. Voting by Members of Armed Forces 10-102 - 10-126
  • Article 11. Special Presidential and Special Federal Voters and Special Ballots
    • Title 1. Special Presidential Voters 11-102 - 11-112
    • Title 2. Special Federal Voters 11-200 - 11-220
    • Title 3. Special Ballots 11-300 - 11-306
  • Article 12. Presidential Electors and Federal Elected Officers
    • Title 1. Presidential and Vice Presidential Electors 12-100 - 12-110
    • Title 2. United States Senators 12-200
    • Title 3. Representatives in Congress 12-300
  • Article 13. Annual Political Calendar 13-104 - 13-114
  • Article 14. Campaign Receipts and Expenditures 14-100 - 14-130
  • Article 15. Village Elections 15-100 - 15-138
  • Article 16. Judicial Proceedings 16-100 - 16-120
  • Article 17. Violations of the Elective Franchise 17-100 - 17-170

Article 1
General Provisions

Section 1-100. Short title.

Section 1-100. Short title. This chapter shall be known as the "Election Law".

Section 1-102. Applicability of chapter.

This chapter shall govern the conduct of all elections at which voters of the state of New York may cast a ballot for the purpose of electing an individual to any party position or nominating or electing an individual to any federal, state, county, city, town or village office, or deciding any ballot question submitted to all the voters of the state or the voters of any county or city, or deciding any ballot question submitted to the voters of any town or village at the time of a general election. Where a specific provision of law exists in any other law which is inconsistent with the provisions of this chapter, such provision shall apply unless a provision of this chapter specifies that such provision of this chapter shall apply notwithstanding any other provision of law.

Section 1-104. Definitions.

The terms used in this chapter shall have the significance herein defined unless another meaning is clearly apparent in language or context. 1. The term "political unit" means the state or any political subdivision thereof or therein.

2. The term "unit of representation" means any political unit from which members of any committee or delegates to a party convention shall be elected as provided in this chapter.

3. The term "party" means any political organization which at the last preceding election for governor polled at least fifty thousand votes for its candidate for governor.

4. The term "party position" means membership on a party committee or the position of delegate or alternate to a party convention.

5. The term "party officer" means one who holds any party position or any party office whether by election, appointment or otherwise.

6. The term "committee" means any committee chosen, in accordance with the provisions of this chapter, to represent the members of a party in any political unit.

7. The term "designation" means any method in accordance with the provisions of this chapter by which candidates for party nomination for public office or for election to party position may be named for the purpose of any primary election.

8. The term "official ballot" refers to the paper ballot on which the voter casts his vote, or the face of a voting machine as prepared for the voter to cast his vote at any election held in accordance with the provisions of this chapter.

9. The terms "primary" or "primary election" mean only the mandated election at which enrolled members of a party may vote for the purpose of nominating party candidates and electing party officers.

10. The terms "uncontested office" and "uncontested position", used in connection with a primary election of a party, mean an office or position for which the number of candidates designated does not exceed the number to be nominated or elected thereto by the party, and for which no valid petition of enrolled members of the party requesting an opportunity to write in the name of an undesignated candidate has been filed.

11. The term "nomination" means the selection in accordance with the provisions of this chapter of a candidate for an office authorized to be filled at an election.

12. The term "independent body" means any organization or group of voters which nominates a candidate or candidates for office to be voted for at an election, and which is not a party as herein provided.

13. The term "independent nomination" means nomination by an independent body.

14. Words of masculine gender include the feminine except where the provision clearly applies to only one sex.

15. The term "veterans' hospital" means any sanitarium, hospital, soldiers' and sailors' home, United States Veterans' Administration Hospital, or other home or institution, which is used, operated and conducted exclusively for the care, maintenance and treatment of persons serving in or honorably discharged from the military or naval service or coast guard of the United States or the state of New York.

16. The term "county legislative body" shall mean the elected governing body of a county, and in the city of New York, the city council.

17. The term "ballot proposal" means any constitutional amendment, proposition, referendum or other question submitted to the voters at any election.

18. The word "ballot" when referring to voting machines or systems means that portion of the cardboard or paper or other material or electronic display within the ballot frame containing the name of the candidate and the emblem of the party organization by which he was nominated, of the form of submission of a proposed constitutional amendment, proposition referendum or question as provided in this chapter, with the word "yes" for voting for any question or the word "no" for voting against any question except that where the question or proposition is submitted only to the voters of a territory wholly within a county or city, such form shall be determined by the county board of elections. Such statement and the title shall be printed and/or displayed in the largest type or display which it is practicable to use in the space provided.

19. The term "ballot label" means the printed strips of cardboard or paper used on the voting machine containing the names of the candidates nominated, and the questions submitted.

20. The term "write-in ballot" means a vote cast for a person whose name does not appear on the ballot labels.

21. The term "protective counter" means a separate counter built into the voting machine that cannot be reset, and which records the total number of movements of the operating lever.

22. The term "residence" shall be deemed to mean that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.

23. The term "voting machine custodian" shall mean a city, town or board of elections employee charged with the duty of repairing and maintaining voting machines.

24. The term "major political parties" means the two parties which polled for their respective candidates for the office of governor the highest and next highest number of votes at the last preceding election for such office.

25. The term "election officer" shall mean any person who, pursuant to the provisions of this chapter, performs any official duty or function in the electoral process.

26. The term "board of elections" shall mean the board of elections of any county in the state of New York and the board of elections of the city of New York and with respect to villages located in more than one county, shall mean the board of elections of that county containing more than fifty percent of the population of the village as shown by the last federal decennial or special census.

27. The term "personal application" means a signed writing which may be delivered by mailing or in person.

28. The term "caucus" shall mean an open meeting held in a political subdivision to nominate the candidates of a political party for public office to be elected in such subdivision at which all the enrolled voters of such party residing in such subdivision are eligible to vote.

29. The term "ballot label programming" means any computerized instructions which control the placement or the printing of candidates' names and ballot proposals on voting machines of a type approved after September first, nineteen hundred eighty-six.

30. The term "ballot label programming data" means the names and ballot positions of candidates and ballot proposals stored on any computerized device through the use of ballot label programming.

31. The term "resident vote tabulation programming" means the permanent computerized instructions which are built into any approved voting machine or equipment and which control the recordation, aggregation, tabulation, storage and printing of votes by any such machine or equipment.

32. "General village election" means the annual or biennial election for village officers.

33. "Special village election" means any election of village officers, other than the general village election.

34. "Village primary" means any election held by a political party for the purpose of nominating candidates for elective village offices.

35. The term "election" shall include a "general village election" or "special village election" except where a specific provision of this chapter may not be consistently applied to the village election procedure.

36. "Name stamp" means any device which, when applied with ink or other permanent dye, can be used to imprint a person's name to a write-in ballot permanently.

37. The term "inactive status" means a category of registered voters who have failed to respond to a residence confirmation notice provided for by section 5-712 of this chapter and whose registrations have neither been restored to the active registration rolls nor been cancelled pursuant to the provisions of this chapter.

Section 1-106. Filing of papers; when received.

1. All papers required to be filed pursuant to the provisions of this chapter shall, unless otherwise provided, be filed between the hours of nine A.M. and five P.M. If the last day for filing shall fall on a Saturday, Sunday or legal holiday, the next business day shall become the last day for filing. All papers sent by mail in an envelope postmarked prior to midnight of the last day of filing shall be deemed timely filed and accepted for filing when received, except that all certificates and petitions of designation or nomination, certificates of acceptance or declination of such designations and nominations, certificates of substitution for such designations or nominations and objections and specifications of objections to such certificates and petitions required to be filed with the board of elections of the city of New York must be actually received by such city board of elections on or before the last day to file any such petition, certificate or objection and such office shall be open for the receipt of such petitions, certificates and objections until midnight on the last day to file any such petition, certificate or objection. Failure of the post office or any other person or entity to deliver any such petition, certificate or objection to such city board of elections on or before such last day shall be a fatal defect.

2. The failure to file any petition or certificate relating to the designation or nomination of a candidate for party position or public office or to the acceptance or declination of such designation or nomination within the time prescribed by the provisions of this chapter shall be a fatal defect.

Article 2
Party Organization

Section 2-100. Party committees; provision for.

Party committees shall consist of a state committee, county committees, and such other committees as the rules of the party may allow.

Section 2-102. State committee; creation.

1. The members of the state committee of each party shall be elected from such units of representation as the state committee shall by rule provide. The number of members representing each unit may vary, but each member shall be entitled to an equal vote within his unit. Each member of the state committee shall be entitled to cast one vote unless the rules of the party shall provide otherwise.

2. Each member shall be, at the time of his election and continuously thereafter, an enrolled member of the party and a resident of the unit from which he is elected except as hereinafter provided.

3. To be eligible for election as a member of the state committee at the first election next ensuing after a readjustment or alteration of the units of representation becomes effective, a candidate must only have been a resident of the county in which the unit, or any part thereof, is contained for the twelve months immediately preceding the election.

4. The state committee may provide by rule for equal representation of the sexes on said committee. When any such rule provides for equal representation of the sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes.

5. The state committee may provide for the holding of a state convention and the election of delegates and alternate delegates thereto in any year and may empower such convention to adopt party platforms and policies and to transact such other business as it may prescribe.

Section 2-104. County committee; creation.

1. The county committee of each party shall be constituted by the election in each election district within such county of at least two members and of such additional members, not in excess of two, as the rules of the county committee of the party within the county or the statement filed pursuant hereto may provide for such district, proportional to the party vote in the district for governor at the last preceding gubernatorial election, or in case the boundaries of such district have been changed or a new district has been created since the last preceding gubernatorial election, proportional to the party vote cast for member of assembly or in the event there was no election for member of assembly, then proportional to the number of enrolled voters of such party in such district on the list of enrolled voters last published by the board of elections, excluding voters in inactive status. In a county in which no additional members are provided for by the rules of the county committee or the statement filed pursuant hereto the voting power of each member shall be in proportion to such party vote or, if the election district which such member represents was created or changed since the last election for member of assembly, proportional to such party enrollment. In a county in which additional members are so provided for, on the basis of the party vote or enrollment in election districts within such county, each member shall have one vote. Each member of a county committee shall be an enrolled voter of the party residing in the county and the assembly district from which or in the assembly district containing the election district in which such member is elected except that a member of a county committee who, as a result of an alteration of assembly district lines, no longer resides within such assembly district may continue to serve for the balance of the term to which he was elected.

2. If, pursuant to section one of article thirteen of the constitution, such committee or a state convention of the party shall provide by rule for equal representation of the sexes on such committee, the rules of such committee relative to additional members, either from election districts or at large, shall be formulated and applied in such manner that the whole membership shall consist of an even number, equally divided between the sexes. When any such rule provides for equal representation of the sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes.

3. Notwithstanding the provisions of subdivision one of this section, a county committee of a party shall be legally constituted if twenty-five per centum of the committeemen required to be elected in such county, as provided in subdivision one of this section, have been elected.

Section 2-106. State and county committees; election of members.

1. Members of the state and county committees shall be elected at the primary election as herein provided.

2. Members of the state committee shall be elected biennially.

3. Members of county committees shall be elected biennially, except that to effect a transition from either odd to even or even to odd number year elections, a county committee may provide by an amendment to its rules filed with the board of elections at least four months before the date of the primary election at which the two year term of such committee is expiring, that the committee elected at such election shall be elected for a single, interim one-year term for members of such committee. No committee may effect such a change in the year of election more than once every ten years.

4. Members shall hold office until the next election at which members of the committee are elected.

Section 2-108. State and county committees; new party.

The state committee and county committees of a new political party, which meet prior to the first primary for which members of such party shall have become enrolled, shall be formed as provided by the rules of such party.

Section 2-110. Committees other than state and county; creation.

1. All committees other than state and county committees shall be formed in the manner provided for by the rules of the party.

2. In the city of New York there shall be the party positions of assembly district leaders or, if the rules of the county committee shall so provide, one assembly district leader and one associate assembly district leader. Outside the city of New York there shall be such positions when the rules of the county committee shall so provide. Such leaders shall be elected at primary elections as herein provided, within every county in such city for each assembly district, or for each part of an assembly district within such county as may be designated for the purpose in the rules of the county committee, and in every county of the state outside of such city where the rules so provide, for such assembly district or part thereof within such county as may be designated in such rules for the purpose. Such assembly district leaders or such assembly district leader and associate assembly district leader shall be of opposite sexes, if the rules of the county committee shall so provide, and shall be enrolled voters of the party residing within the assembly district and, if the rules of the county committee shall so provide, within the part of the assembly district for which they are to be elected, and shall be elected at the same primary election and for the same term as members of the county committee. When any such rule provides for equal representation of sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes. Each shall perform such duties, powers and functions as the rules of the county committee may prescribe. Vacancies in such positions shall be filled by the members of the county committee within the assembly district or part thereof, as the case may be, until the first primary election following the creation of such vacancy or vacancies for which the period for circulating designating petitions ends at least seven days after the creation of such vacancy or vacancies, at which time the successor or successors shall be directly elected as herein provided. Assembly district leaders and associate assembly district leaders shall automatically be members and shall have the right to participate and vote in meetings of the county committee or any subcommittee thereof. The county committee may provide by its rules that the members of the state committee, elected in accordance with the provisions of this chapter, shall possess the duties, powers and functions of an assembly district leader or an associate assembly district leader. In such event the provisions of this section shall not apply to the members of the state committee but upon his election as a member of the state committee, such person shall be deemed to have also been elected as an assembly district leader or an associate assembly district leader.

3. To be eligible for election as assembly district leader or associate assembly district leader at the first election next ensuing after a readjustment or alteration of the units of representation becomes effective, a candidate must only have been a resident of the county in which the unit, or any part thereof, is contained for the twelve months immediately preceding the election.

Section 2-112. Committees; organization.

1. Every state committee shall within fifteen days after its election, every county committee shall within twenty days after its election, and all other committees shall within the time specified by party rules, meet and organize by electing a chairman, a secretary, a treasurer and such other officers as they may by their rules provide. Within three days after their meetings all state and county committees shall file in the office of the state board of elections a certificate stating the names and post office addresses of such officers. County committees and any other committee contained therein shall file a copy of such statement with their county board of elections.

2. Such officers shall be enrolled members of the party, but need not be members of such committees.

Section 2-114. Committees; rules of.

1. Each committee may prepare rules for governing the party within its political unit. Within ten days after the adoption of any rule or amendment thereto a certified copy thereof shall be filed by the state committee in the office of the state board of elections, and by the county committee in the office of the state board of elections, and in the office of the board of elections of the county. If a section or portion of such rules relate to the nomination of candidates for village office, such section or portion of such rules shall be filed in the office of the village clerk of all villages in which elections are conducted by the village and in which the party makes any nominations for village office. No rule or amendment thereof shall be effective until the filing thereof in the office of the state board of elections. Such rules shall continue to be the rules for the committee until they are amended or new rules adopted.

2. Rules may be amended or new rules adopted from time to time by a majority vote of the members of the committee present at a meeting at which there is a quorum, provided a copy of the proposed amendment shall be sent with the notice of the meeting at which such amendment is to be proposed, such notice to be mailed not less than five days before such meeting to the post office address of each member of the committee.

Section 2-116. Committee; removal of member.

A member or officer of a party committee may be removed by such committee for disloyalty to the party or corruption in office after notice is given and a hearing upon written charges has been had. The hearing shall be held by the committee, or a subcommittee thereof appointed for that purpose, which subcommittee shall report its findings to the full committee.