Laws of New York (Last Updated: November 21, 2014) |
ELN Election |
Article 6. DESIGNATION AND NOMINATION OF CANDIDATES |
Section 6-158. Nominating and designating petitions and certificates, conventions; times for filing and holding
Latest version.
-
1. A designating petition shall be filed not earlier than the tenth Monday before, and not later than the ninth Thursday preceding the primary election. 2. A certificate of acceptance or declination of a designation shall be filed not later than the fourth day after the last day to file such designation. 3. A certificate to fill a vacancy in a designation caused by declination shall be filed not later than the fourth day after the last day to decline. A certificate to fill a vacancy in a designation caused by death or disqualification shall be filed not later than ten days after such death or disqualification or four days before the primary election, whichever is earlier. 4. A petition of enrolled members of a party requesting an opportunity to write in the name of an undesignated candidate for a public office or party position at a primary election shall be filed not later than the eighth Thursday preceding the primary election. However, where a designating petition has been filed and the person named therein has declined such designation and another person has been designated to fill the vacancy, then in that event, a petition for an opportunity to ballot in a primary election shall be filed not later than the seventh Thursday preceding such primary election. 5. A judicial district convention shall be held not earlier than the Tuesday following the third Monday in September preceding the general election and not later than the fourth Monday in September preceding such election. 6. A certificate of a party nomination made other than at the primary election for an office to be filled at the time of a general election shall be filed not later than seven days after the fall primary election, except that a certificate of nomination for an office which becomes vacant after the seventh day preceding such primary election shall be filed not later than fourteen days after the creation of such vacancy and except, further, that a certificate of party nomination of candidates for elector of president and vice-president of the United States shall be filed not later than fourteen days after the fall primary election, and except still further that a certificate of party nomination made at a judicial district convention shall be filed not later than the day after the last day to hold such convention and the minutes of such convention, duly certified by the chairman and secretary, shall be filed within seventy-two hours after adjournment of the convention. A certificate of party nomination for an office to be filled at a special election shall be filed not later than ten days following the issuance of a proclamation of such election. 7. A certificate of acceptance or declination of a party nomination made other than at a primary election for an office to be filled at the time of a general election shall be filed not later than the third day after the last day to file the certificate of such party nomination. A certificate of acceptance or declination of a party nomination for an office to be filled at a special election shall be filed not later than twelve days following the issuance of a proclamation of such election. 8. A certificate to fill a vacancy caused by a declination of a party nomination for an office to be filled at the time of a general election shall be filed not later than four days after the last day to file such declination, except that if such nomination was made at the primary election, such certificate shall be filed not later than ten days after the last day to file such declination. A certificate to fill a vacancy caused by a declination of a party nomination for an office to be filled at a special election shall be filed not later than fourteen days following the issuance of a proclamation of such election. A certificate to fill a vacancy in a nomination caused by death or disqualification shall be filed not later than ten days after such death or disqualification or four days before the election, whichever is earlier. 9. A petition for an independent nomination for an office to be filled at the time of a general election shall be filed not earlier than twelve weeks and not later than eleven weeks preceding such election. A petition for an independent nomination for an office to be filled at a special election shall be filed not later than twelve days following the issuance of a proclamation of such election. A petition for trustee of the Long Island Power Authority shall be filed not earlier than seven weeks and not later than six weeks preceding the day of the election of such trustees. 10. Notwithstanding any other provisions of law, where a vacancy occurs less than fourteen days before the last day for the filing of an independent petition for an office to be filled at the time of a general election, or after the last day to file an independent petition, such petition may be filed for the said office within fourteen days after the vacancy occurs. A certificate of acceptance or declination in such an event shall be filed within two days thereafter and a certificate to fill a vacancy caused by declination shall be filed within two days after such declination has been filed. 11. A certificate of acceptance or declination of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the third day after the eleventh Tuesday preceding such election except that a candidate who files such a certificate of acceptance for an office for which there have been filed certificates or petitions designating more than one candidate for the nomination of any party, may thereafter file a certificate of declination not later than the third day after the primary election. A certificate of acceptance or declination of an independent nomination for an office to be filled at a special election shall be filed not later than fourteen days following the issuance of a proclamation of such election. 12. A certificate to fill a vacancy caused by a declination of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the sixth day after the eleventh Tuesday preceding such election. A certificate to fill a vacancy caused by a declination of an independent nomination for an office to be filled at a special election shall be filed not later than sixteen days following the issuance of a proclamation of such election. 13. If a vacancy occurs too late to comply with the provisions of this section, the certificates of nomination, certificates of acceptance or declination, certificates to fill a vacancy in such nomination and certificates of authorization of a nomination shall be filed as soon as practicable. 14. A vacancy occurring before September twentieth of any year in any office authorized to be filled at a general election, except in the offices of governor, lieutenant-governor, or United States senator shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election.