Section 8-100. Elections; dates of and hours for voting  


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  • 1. (a) A primary
      election, to be known as the fall primary, shall be held  on  the  first
      Tuesday  after  the  second  Monday  in  September  before every general
      election unless otherwise changed by an act of the legislature. In  each
      year  in  which  electors  of president and vice president of the United
      States are to be elected an additional primary election, to be known  as
      the  spring  primary,  shall  be  held  on the first Tuesday in February
      unless otherwise changed by an act of the legislature, for  the  purpose
      of  electing  delegates to the national convention, members of state and
      county committees and assembly district leaders and  associate  assembly
      district leaders.
        (b) In the event a run-off primary election is required in the city of
      New  York,  it  shall  be held on the second Tuesday next succeeding the
      date on which the initial primary election was held.
        (c) The general election shall be held annually on  the  Tuesday  next
      succeeding the first Monday in November.
        2.  Polls  shall  be  open  for  voting  during the following hours: a
      primary election from twelve o'clock noon  until  nine  o'clock  in  the
      evening,  except  in  the  city  of New York and the counties of Nassau,
      Suffolk, Westchester, Rockland, Orange, Putnam and  Erie,  and  in  such
      city or county from six o'clock in the morning until nine o'clock in the
      evening; the general election from six o'clock in the morning until nine
      o'clock  in  the  evening;  a  special  election  called by the governor
      pursuant to the public officers law, and, except as  otherwise  provided
      by law, every other election, from six o'clock in the morning until nine
      o'clock in the evening.
        3.  In  any  election  district  in  which  a  primary of any party is
      uncontested, no primary of such party shall be  held.  In  any  election
      district  in  which  the primaries of all parties are uncontested on the
      day of any primary election, no primaries shall be held on such day  and
      the polling place shall not be opened for voting.
        4.  No  primary,  special  or  general election for any state or local
      office or for the election of  officers  of  any  corporation  which  is
      funded  in  whole or in part by federal, state or municipal moneys shall
      be held on a Saturday or Sunday.