S T A T E   O F   N E W   Y O R K
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                                  3432

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A.  BRADLEY,  CAHILL, GALEF, PAULIN, KAVANAGH --
  Multi-Sponsored by -- M.  of A. BRENNAN, DINOWITZ, GOTTFRIED, LATIMER,
  MAYERSOHN, PERRY, WEISENBERG -- read once and referred to the  Commit-
  tee on Election Law

AN  ACT  to  amend  the  election  law, in relation to court proceedings
  involving disputed election results

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The election law is amended by adding a new section 16-103
to read as follows:
  S 16-103. PROCEEDINGS INVOLVING GENERAL OR SPECIAL  ELECTION  RESULTS.
1. AN AGGRIEVED CANDIDATE MAY CONTEST ANY SPECIAL OR GENERAL ELECTION IN
A PROCEEDING BROUGHT IN THE SUPREME COURT.
  2.  A  PROCEEDING  PURSUANT TO THIS SECTION SHALL BE INSTITUTED WITHIN
TWENTY DAYS AFTER THE ELECTION TO WHICH IT RELATES. ANY PARTY MAY DEMAND
THAT ISSUES OF FACT IN A PROCEEDING PURSUANT TO THIS SECTION  BE  DETER-
MINED  BY JURY TRIAL. THE COURT SHALL GIVE THE PARTIES AN OPPORTUNITY TO
DEMAND A JURY TRIAL. FAILURE TO MAKE  SUCH  A  DEMAND  WITHIN  THE  TIME
LIMITED  BY  THE COURT, OR, IF NO SUCH TIME IS LIMITED, BEFORE THE TRIAL
BEGINS, SHALL BE DEEMED A WAIVER OF THE RIGHT TO TRIAL BY JURY.
  3. IN A PROCEEDING PURSUANT TO THIS SECTION THE COURT  SHALL  ORDER  A
NEW  ELECTION  IF CLEAR AND CONVINCING EVIDENCE DEMONSTRATES THAT FRAUD,
IRREGULARITY OR VOTING MACHINE FAILURE DEPRIVED THE AGGRIEVED  CANDIDATE
OF  A  WINNING MARGIN OF VOTES. SUCH NEW ELECTION SHALL INCLUDE ALL DULY
ENROLLED VOTERS RESIDING IN  THE  POLITICAL  SUBDIVISION  EMBRACING  THE
OFFICE CONTESTED. SUCH ELECTION SHALL BE HELD ON THE FIFTH TUESDAY AFTER
THE  COURT'S ORDER IS ISSUED; PROVIDED, HOWEVER, IF THE FIFTH TUESDAY IS
A RELIGIOUS, FEDERAL OR STATE HOLIDAY THE NEW ELECTION SHALL BE HELD  ON
THE NEXT SUCCEEDING TUESDAY THEREAFTER WHICH IS NOT A RELIGIOUS, FEDERAL
OR STATE HOLIDAY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03294-01-9

              

A. 3432                             2

  4.  ALL  CANDIDATES  ON  THE  BALLOT  AT THE ORIGINAL ELECTION FOR THE
CONTESTED OFFICE SHALL BE ON THE BALLOT AT THE NEW  ELECTION;  PROVIDED,
HOWEVER,  IF  THE  OFFICE  CONTESTED  IS  ONE FOR WHICH A VOTER MAY CAST
MULTIPLE VOTES FOR TWO OR MORE  CANDIDATES  FOR  THE  SAME  OFFICE,  ANY
CANDIDATE  FOR SUCH OFFICE WHOSE WINNING MARGIN AT THE ORIGINAL ELECTION
IS NOT BY CLEAR AND CONVINCING EVIDENCE SHOWN TO BE INVALID, SHALL  HAVE
BEEN  DULY ELECTED AT THE ORIGINAL ELECTION, AND THE NUMBER OF POSITIONS
TO BE ELECTED AT THE NEW ELECTION SHALL BE REDUCED ACCORDINGLY.
  5. THE COURT MAY ISSUE AN  INJUNCTION  TO  PREVENT  A  CANDIDATE  FROM
WRONGLY  ASSUMING  OFFICE  UNTIL  SUCH TIME AS THE NEW ELECTION SHALL BE
HELD. THE PROVISIONS OF SECTION FIVE OF THE PUBLIC  OFFICERS  LAW  SHALL
APPLY IN THE INTERIM.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT RIGHTS OR REME-
DIES AVAILABLE PURSUANT TO THIS CHAPTER.
  S  2.  This  act  shall take effect immediately and shall apply to any
election held on or after such effective date.