LBD01415-01-1
A. 242 2
not apply to nor affect a primary held less than four months after a
certified copy of the rule shall have been filed with the board of
elections. After the filing of such a rule, the rule shall continue in
force until a certified copy of a rule revoking the same shall have been
filed with such board at least four months before a subsequent primary.
Such a caucus shall be held no earlier than the first day on which
[designating petitions] NOTICE OF INTENT TO CIRCULATE A DESIGNATING
PETITION for the fall primary election may be [signed] FILED.
S 3. Section 6-116 of the election law, as amended by chapter 373 of
the laws of 1978, is amended to read as follows:
S 6-116. Party nominations; election to fill a vacancy. A party nomi-
nation of a candidate for election to fill a vacancy in an elective
office required to be filled at the next general election, occurring
after seven days before the last day for [circulating designating
petitions] FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION
or after the holding of the meeting or convention to nominate or desig-
nate candidates for such, shall be made, after the day of the primary
election, by a majority vote of a quorum of the state committee if the
vacancy occurs in an office to be filled by all voters of the state, and
otherwise by a majority vote of a quorum of the members of a county
committee or committees last elected in the political subdivision in
which such vacancy is to be filled, or by a majority of such other
committee as the rules of the party may provide. A certificate of nomi-
nation shall be filed as provided for herein.
S 4. Section 6-118 of the election law, as amended by chapter 9 of the
laws of 1978, is amended to read as follows:
S 6-118. Designation and nomination by petition. Except as otherwise
provided by this article, the designation of a candidate for party nomi-
nation at a primary election and the nomination of a candidate for
election to a party position to be elected at a primary election shall
be by FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION AND
PAYING A FEE OF FIVE HUNDRED DOLLARS TO THE BOARD OF ELECTIONS AND BY
designating petition.
S 5. The election law is amended by adding a new section 6-117 to read
as follows:
S 6-117. NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION. 1. A
NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, WITH ALL REQUIRED
INFORMATION CONTAINED THEREIN, SHALL BE FILED IN THE SAME PLACES AND
MANNER AS PROVIDED FOR DESIGNATING PETITIONS, AND SHALL BE FILED NO
EARLIER THAN THIRTY DAYS BEFORE THE FIRST DAY TO SIGN DESIGNATING
PETITIONS AND NO LATER THAN SEVEN DAYS BEFORE THE FIRST DAY TO SIGN
DESIGNATING PETITIONS.
2. A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID TO THE BOARD OF
ELECTIONS AT THE TIME OF FILING THE NOTICE OF INTENT TO CIRCULATE A
DESIGNATING PETITION WITH THE BOARD OF ELECTIONS.
3. IF ONLY ONE PERSON FROM A PARTY HAS FILED A NOTICE OF INTENT TO
CIRCULATE A DESIGNATING PETITION FOR A PARTICULAR POSITION AND PAID THE
REQUISITE FEE TO THE BOARD OF ELECTIONS THEN THAT PERSON SHALL BE NAMED
ON THE BALLOT WITHOUT HAVING TO CIRCULATE A DESIGNATING PETITION. FOR
THE PURPOSES OF THIS TITLE, A PERSON WHO IS NAMED ON THE BALLOT WITHOUT
HAVING TO CIRCULATE A DESIGNATING PETITION SHALL BE CONSIDERED AS BEING
NOMINATED BY PETITION.
4. THE STATE BOARD OF ELECTIONS SHALL PREPARE A SAMPLE FORM OF A
NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION WHICH MEETS THE
REQUIREMENTS OF THIS SECTION AND SHALL DISTRIBUTE OR CAUSE SUCH FORMS TO
BE DISTRIBUTED TO EACH BOARD OF ELECTIONS. SUCH FORMS SHALL BE MADE
A. 242 3
AVAILABLE TO THE PUBLIC, UPON REQUEST, BY THE STATE BOARD OF ELECTIONS
AND EACH SUCH BOARD. ANY NOTICE OF INTENT TO CIRCULATE A DESIGNATING
PETITION THAT IS A COPY OF SUCH A SAMPLE SHALL BE DEEMED TO MEET THE
REQUIREMENTS OF FORM OF A NOTICE OF INTENT TO CIRCULATE A DESIGNATING
PETITION.
5. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION MAY DESIG-
NATE CANDIDATES FOR NOMINATION FOR ONE OR MORE DIFFERENT PUBLIC OFFICES
OR FOR NOMINATION FOR ELECTION TO ONE OR MORE PARTY POSITIONS OR BOTH,
BUT DESIGNATIONS OR NOMINATIONS FOR WHICH THE NOTICES ARE REQUIRED TO BE
FILED IN DIFFERENT OFFICES OR NOTICES FOR THE SAME PUBLIC OFFICE OR
PARTY POSITION IN DIFFERENT POLITICAL SUBDIVISIONS MAY NOT BE COMBINED
IN THE SAME NOTICE. IF TWO OR MORE OFFICES HAVING THE SAME TITLE ARE TO
BE FILLED FOR DIFFERENT TERMS, THE TERMS OF OFFICE SHALL BE INCLUDED AS
PART OF THE TITLE OF THE OFFICE.
6. NOTICES OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
DELIVERED TO THE BOARD OF ELECTIONS IN THE MANNER PRESCRIBED BY REGU-
LATIONS THAT SHALL BE PROMULGATED BY THE STATE BOARD OF ELECTIONS. SUCH
REGULATIONS SHALL BE NO MORE RESTRICTIVE THAN IS REASONABLY NECESSARY
FOR THE PROCESSING OF SUCH NOTICES BY THE BOARD OF ELECTIONS. SUCH
REGULATIONS SHALL BE BINDING ON THE BOARDS OF ELECTION IN EACH COUNTY
AND IN THE CITY OF NEW YORK. WHEN A DETERMINATION IS MADE THAT A NOTICE
OF INTENT TO CIRCULATE A DESIGNATING PETITION DOES NOT COMPLY WITH SUCH
REGULATIONS, THE CANDIDATE SHALL HAVE THREE BUSINESS DAYS FROM THE DATE
OF SUCH DETERMINATION TO CURE THE VIOLATION.
S 6. Subdivision 3 of section 6-120 of the election law, as amended by
chapter 226 of the laws of 1982, is amended to read as follows:
3. The members of the party committee representing the political
subdivision of the office for which a designation or nomination is to be
made, unless the rules of the party provide for another committee, in
which case the members of such other committee, and except as hereinaft-
er in this subdivision provided with respect to certain offices in the
city of New York, may, by a majority vote of those present at such meet-
ing provided a quorum is present, authorize the designation or nomi-
nation of a person as candidate for any office who is not enrolled as a
member of such party as provided in this section. In the event that such
designation or nomination is for an office to be filled by all the
voters of the city of New York, such authorization must be by a majority
vote of those present at a joint meeting of the executive committees of
each of the county committees of the party within the city of New York,
provided a quorum is present at such meeting. The certificate of author-
ization shall be filed not later than four days after the last day to
file the NOTICE OF INTENT TO CIRCULATE A designating petition, certif-
icate of nomination or certificate of substitution to which such author-
ization relates. The certificate of authorization shall be signed and
acknowledged by the presiding officer and the secretary of the meeting
at which such authorization was given.
S 7. Section 6-144 of the election law, as amended by chapter 635 of
the laws of 1990, the opening paragraph as amended by chapter 150 of the
laws of 1996, is amended to read as follows:
S 6-144. Nominating and designating petitions and certificates; place
for filing. Petitions, NOTICES, FEES, certificates and minutes speci-
fied in this article shall be filed in the office of the [Board] BOARD
of [Elections] ELECTIONS of the county, except as follows: for an
office or position to be voted for wholly within the city of New York,
in the office of the [Board] BOARD of [Elections] ELECTIONS of that
city; for an office or position to be voted for in a district greater
A. 242 4
than one county, or portions of two or more counties, in the office of
the state board of elections; for a village office to be filled in a
village election not conducted by the board of elections, in the office
of the village clerk. All such petitions, NOTICES, FEES and certificates
shall at the time of filing thereof be endorsed by such officer or board
with the day, hour and minute of such filing. Such officer or board
shall keep a book, which shall be open to public inspection in which
shall be entered the times of filing all such petitions, NOTICES, FEES,
and certificates; the names and residences of all candidates named ther-
ein; the names and residences of all candidates certified to such offi-
cer or board; the title of the office or party position; the name of the
party or independent body to which the petition, NOTICE, AND FEE or
certificate relates and a memorandum of any objections to such petition,
NOTICE, or certificate. Forthwith upon the filing of a petition, NOTICE,
AND FEE or certificate designating or nominating a person or persons for
public office, such officer or board shall mail notice thereof to each
such person. Such notice shall also state the last day to decline such
designation or nomination, and include a statement that the candidate's
name shall appear on the ballot as it appears in such notice.
S 8. Section 6-154 of the election law, subdivision 2 as amended by
chapter 248 of the laws of 1981, is amended to read as follows:
S 6-154. Nominations and designations; objections to. 1. Any petition
OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION filed with the
officer or board charged with the duty of receiving it shall be presump-
tively valid if it is in proper form and appears to bear the requisite
number of signatures, authenticated in a manner prescribed by this chap-
ter.
2. Written objections to any certificate of designation or nomination
or to a nominating or designating petition, NOTICE OF INTENT TO CIRCU-
LATE A DESIGNATING PETITION or a petition for opportunity to ballot for
public office or to a certificate of acceptance, a certificate of
authorization, a certificate of declination or a certificate of substi-
tution relating thereto may be filed by any voter registered to vote for
such public office and to a designating petition OR NOTICE OF INTENT TO
CIRCULATE A DESIGNATING PETITION or a petition for opportunity to ballot
for party position or a certificate of substitution, a certificate of
acceptance or a certificate of declination relating thereto by any voter
enrolled to vote for such party position. Such objections shall be filed
with the officer or board with whom the original petition OR NOTICE OF
INTENT TO CIRCULATE A DESIGNATING PETITION or certificate is filed with-
in three days after the filing of the petition OR NOTICE OF INTENT TO
CIRCULATE A DESIGNATING PETITION or certificate to which objection is
made, or within three days after the last day to file such a certif-
icate, if no such certificate is filed except that if any person nomi-
nated by an independent nominating petition, is nominated as a party
candidate for the same office by a party certificate filed, or a party
nomination made after the filing of such petition, the written objection
to such petition may be filed within three days after the filing of such
party certificate or the making of such party nomination. When such an
objection is filed, specifications of the grounds of the objections
shall be filed within six days thereafter with the same officer or board
and if specifications are not timely filed, the objection shall be null
and void. Each such officer or board is hereby empowered to make rules
in reference to the filing and disposition of such petition, NOTICE OF
INTENT TO CIRCULATE A DESIGNATING PETITION, certificate, objections and
specifications.
A. 242 5
3. When a determination is made that a certificate or petition OR
NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION is insufficient,
such officer or board shall give notice of the determination forthwith
by mail to each candidate named in the petition, NOTICE or certificate,
and, if the determination is made upon specified objections, the objec-
tor shall be notified.
S 9. The section heading and subdivision 1 of section 6-158 of the
election law, subdivision 1 as amended by chapter 434 of the laws of
1984, are amended to read as follows:
Nominating and designating petitions, NOTICE OF INTENT TO CIRCULATE A
DESIGNATING PETITION and certificates, conventions; times for filing and
holding. 1. (A) A designating petition shall be filed not earlier than
the tenth Monday before, and not later than the ninth Thursday preceding
the primary election.
(B) A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
FILED NOT EARLIER THAN THIRTY DAYS BEFORE, AND NOT LATER THAN SEVEN DAYS
BEFORE, THE FIRST DAY TO SIGN A DESIGNATING PETITION.
S 10. Subdivision 3 of section 6-168 of the election law, as added by
chapter 143 of the laws of 1979, is amended to read as follows:
3. If, at any primary election in which more than one nomination is to
be made for the office of judge of the civil court of the city of New
York in any borough of such city or in any civil court district within
any such borough, only one candidate is designated for any such vacancy,
such candidate shall be deemed nominated and his name shall not appear
upon the primary ballot unless a NOTICE OF INTENT TO CIRCULATE A DESIG-
NATING PETITION AND, IF REQUIRED, A petition for opportunity to ballot
for such vacancy is filed pursuant to the provisions of this chapter.
S 11. Section 1-106 of the election law, subdivision 1 as amended by
chapter 700 of the laws of 1977, is amended to read as follows:
S 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, NOTICES OF INTENT TO CIRCULATE A DESIGNATING PETITION,
certificates of acceptance or declination of such designations and nomi-
nations, certificates of substitution for such designations or nomi-
nations and objections and specifications of objections to such certif-
icates 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 NOTICE, petition,
certificate or objection and such office shall be open for the receipt
of such NOTICES, petitions, certificates and objections until midnight
on the last day to file any such NOTICE, petition, certificate or
objection. Failure of the post office or any other person or entity to
deliver any such NOTICE, 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 NOTICE, 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.
A. 242 6
S 12. Subdivisions 6 and 6-a of section 3-220 of the election law,
subdivision 6 as amended by chapter 163 of the laws of 1994, and subdi-
vision 6-a as added by chapter 324 of the laws of 1977, are amended to
read as follows:
6. All petitions, NOTICES, certificates, objections or papers filed or
deposited with a board or officer before an election or primary and
relating to designations or nominations, and all registers, books,
statements, returns or papers so filed or deposited after registration,
enrollment, election or primary at which they were used or to which they
relate, not including, however, the voted, unused, protested, void or
wholly blank ballots, shall be preserved by such board or officer for at
least two years after the receipt thereof and until the determination of
any action or proceeding touching the same or in which they are ordered
to be preserved pending the action or proceeding and at the expiration
of such time they may be either destroyed or sold. Lists of registered
voters with computer generated facsimile signatures used in lieu of
registration poll records at any election shall be preserved until the
end of the fourth calendar year after the year of such election. In all
jurisdictions, the original statements of results made by the state
board of canvassers or a county or city board of canvassers and any
original record specifying the name of a person declared to have been
elected to a public office shall not be destroyed or sold but shall be
preserved, as part of the records of such board or officer, until other-
wise provided by law.
6-a. During the period prescribed by subdivision six of this section,
no petition OR NOTICE shall be removed from the office of the board of
elections for copying or any other purpose except while in the custody,
or under the supervision of a member or employee of such board or pursu-
ant to court order.
S 13. Subdivision 3 of section 3-502 of the election law, as renum-
bered by chapter 180 of the laws of 2005, is amended to read as follows:
3. All petitions, NOTICES and certificates of nomination or desig-
nation, or of declination thereof, for an election to which this section
applies, and all statements of receipts and expenditures relating to
such an election, required to be filed with any officer of Nassau coun-
ty, or political subdivision therein shall be filed with the board of
elections.
S 14. Subdivision 3 of section 3-504 of the election law, as renum-
bered by chapter 180 of the laws of 2005, is amended to read as follows:
3. All petitions, NOTICES and certificates of nomination or desig-
nation, or of declination thereof, for an election to which this section
applies, and all statements of receipts and expenditures required to be
filed with any officer of Suffolk county, or political subdivision ther-
ein shall be filed with the board of elections.
S 15. The section heading and subdivisions 1 and 2 of section 6-210 of
the election law, as added by chapter 359 of the laws of 1989, are
amended to read as follows:
Petitions, NOTICES and certificates; place and times for filing. 1.
Petitions, NOTICES and certificates specified in this title shall be
filed with the county board of elections.
2. a. A certificate of party nomination for an office to be filled at
the time of a general or special village election for offices shall be
filed not earlier than fifty-four days nor later than forty-seven days
preceding the election.
b. A certificate of acceptance or declination of a party nomination
for an office to be filled at the time of a general or special village
A. 242 7
election shall be filed not later than forty-four days prior to such
election.
c. A certificate to fill a vacancy caused by declination of a party
nomination for an office to be filled at the time of a general or
special village election shall be filed not later than forty-one days
prior to such election.
d. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
FILED NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS PRIOR TO
THE START OF PETITIONING.
E. Party designating petitions for a village primary election shall be
filed not earlier than twenty-two days nor later than fifteen days prior
to the primary election. Upon such a filing, the board of elections
shall immediately notify the village election chairman of such party and
the person or persons designated in such petition of the fact of such
filing and that such petition may be inspected in its office.
[e.] F. A written declination of a party designation must be filed
within three days of the date of the filing of the designating petition.
Upon the filing of such declination, the board of elections shall, with-
in one day notify the committee to fill vacancies named in the petition.
A certificate to fill the vacancy caused by a declination or any other
reason must be filed within three days after the date of the notice to
the committee to fill vacancies and shall have appended thereto the
written consent of the person or persons designated.
S 16. Section 6-212 of the election law, as added by chapter 359 of
the laws of 1989, is amended to read as follows:
S 6-212. Designations and nominations, objections. Written objections
to a nominating or designating petition, NOTICE OF INTENT TO CIRCULATE A
DESIGNATING PETITION, or to a certificate of nomination, certificate of
acceptance, certificate of authorization, certificate of declination or
certificate of substitution with respect to an office to be filled at a
general or special village election may be filed not later than the day
after the last day to file such petition, NOTICE OF INTENT TO CIRCULATE
A DESIGNATING PETITION, or certificate, or the day after such petition,
NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate is
received by the board of elections if such petition, NOTICE OF INTENT TO
CIRCULATE A DESIGNATING PETITION, or certificate is mailed within the
time permitted by law, whichever is later. Written specifications of the
grounds for such objections shall be so filed within two days thereaft-
er. A failure to file such written specifications shall render the
original objection null and void. Upon receipt of written specifica-
tions, the county board of elections shall immediately notify each
candidate named in such petition, NOTICE OF INTENT TO CIRCULATE A DESIG-
NATING PETITION, or certificate and take all steps necessary and
consistent with this chapter to render a determination on the questions
raised in such objections and specifications. When a determination has
been made by the county board of elections that the petition, NOTICE OF
INTENT TO CIRCULATE A DESIGNATING PETITION, is sufficient or insuffi-
cient, it shall immediately notify each candidate named in the petition,
NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION, or certificate,
and, if such determination was made on objection, the objector.
S 17. Paragraphs (c) and (d) of subdivision 1 and paragraph (e) of
subdivision 2 of section 7-114 of the election law, paragraph (c) of
subdivision 1 as amended by chapter 433 of the laws of 1984 and para-
graph (d) of subdivision 1 as amended and paragraph (e) of subdivision 2
as added by chapter 234 of the laws of 1976, are amended to read as
follows:
A. 242 8
(c) Where a candidate for nomination for the same public office or for
election to the same party position is designated by two or more
petitions OR NOTICES, his name shall be placed upon the ballot for the
primary election but once as such a candidate.
(d) The ballot shall not contain a space for voting for candidates for
uncontested offices and positions, and no ballot shall be printed for a
party whose primary is uncontested unless a [petition for opportunity to
ballot] NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION has been
filed.
(e) The names of candidates on paper ballots shall be numbered with
arabic numerals printed in heavy faced type beginning with "one" for the
first candidate named in the first part and continuing in numerical
order to and including the last candidate named in the last part, except
that where two or more candidates are to be elected to a party position,
the names of candidates designated by each petition OR NOTICE shall be
grouped, and each group shall have but one number, which shall be print-
ed opposite the approximate center of the group.
S 18. Paragraph a of subdivision 3 and subdivision 7 of section 15-108
of the election law, paragraph a of subdivision 3 as amended by chapter
447 of the laws of 2006, subdivision 7 as amended by chapter 462 of the
laws of 1977 and paragraph (e) of subdivision 7 as amended by chapter 9
of the laws of 1978, are amended to read as follows:
a. Party designations for elective village offices shall be made [on]
BY FILING A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION AND
PAYING A FEE OF FIVE HUNDRED DOLLARS. IF MORE THAN ONE PERSON FROM A
PARTICULAR PARTY FILES A NOTICE OF INTENT TO CIRCULATE A DESIGNATING
PETITION FOR A PARTICULAR POSITION THEN a designating petition contain-
ing the signatures in ink of residents of the village who are registered
to vote with the appropriate county board of elections at the time of
signing and who are enrolled in such political party SHALL BE FILED.
The sheets of such a petition shall be numbered. Such petition must set
forth in each instance the correct date of signing, the name of the
signer, and his or her present address, and may set forth a committee to
fill vacancies consisting of at least three qualified voters of the
village enrolled in such party and their residence within the village. A
signer need not himself or herself fill in the date or residence. Each
sheet of such petition must be in substantially the following form and
shall contain all the information required therein:
PARTY DESIGNATING PETITION
I, the undersigned do hereby state that I am a registered voter of the
Village of ...... and a duly enrolled voter of the ........ party and
entitled to vote at the next primary election of such party, that my
place of residence is truly stated opposite my signature hereto, and I
hereby designate the following named person (or persons) as a candidate
(or candidates) for nomination of such party for the public office (or
public offices) to be voted for at the primary election to be held on
the ...... day of ........... 20.... as hereinafter specified.
Name of Candidate Public Office Term Residence
.................... ................. ....... ...............
.................... ................. ....... ...............
A. 242 9
I do hereby appoint (insert names and addresses of at least three
persons, all of whom shall be enrolled voters of said party) as a
committee to fill vacancies in accordance with the provisions of the
election law.
IN WITNESS WHEREOF, I have hereunto set my hand, the day and year
placed opposite my signature.
Date Name Residence
............. ............. ...............
............. ............. ...............
STATEMENT OF WITNESS
I ............... (name of witness) state: I am a duly qualified voter
of the State of New York; and an enrolled voter of the ......... party
and now reside in the Village of ......... County of ......... State of
New York at ............ (residence address) therein. Each of the
persons whose names are subscribed to this petition sheet
containing ......... signatures, subscribed his or her name in my pres-
ence.
I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
....................... ...........................
Date Signature of Witness
page no. .........
7. a. A certificate of party nomination for an office to be filled at
the time of a general or special village election for offices shall be
filed not earlier than fifty-four days nor later than forty-seven days
preceding the election.
b. A certificate of acceptance or declination of a party nomination
for an office to be filled at the time of a general or special village
election shall be filed not later than forty-four days prior to such
election.
c. A certificate to fill a vacancy caused by declination of a party
nomination for an office to be filled at the time of a general or
special village election shall be filed not later than forty-one days
prior to such election.
d. A NOTICE OF INTENT TO CIRCULATE A DESIGNATING PETITION SHALL BE
FILED AND A FEE OF FIVE HUNDRED DOLLARS SHALL BE PAID IN THE OFFICE OF
THE VILLAGE CLERK NOT EARLIER THAN THIRTY DAYS NOR LATER THAN SEVEN DAYS
PRIOR TO THE FIRST DAY TO SIGN DESIGNATING PETITIONS.
E. Party designating petitions for a village primary election shall be
filed in the office of the village clerk not earlier than twenty-two
days nor later than fifteen days prior to the primary election. Upon
such a filing, the village clerk shall immediately notify the village
election chairman of such party and the person or persons designated in
such petition of the fact of such filing and that such petition may be
inspected in his office.
[(e)] F. A written declination of a party designation must be filed in
the office of the village clerk within three days of the date of the
filing of the designating petition. Upon the filing of such declina-
tion, the village clerk shall, within one day notify the committee to
A. 242 10
fill vacancies named in the petition. A certificate to fill the vacancy
caused by a declination or any other reason must be filed with the
village clerk within three days after the date of the notice to the
committee to fill vacancies and shall have appended thereto the written
consent of the person or persons designated.
S 19. Subdivisions 1 and 2 of section 16-102 of the election law,
subdivision 1 as amended by chapter 373 of the laws of 1978 and subdivi-
sion 2 as amended by chapter 79 of the laws of 1992, are amended to read
as follows:
1. The nomination or designation of any candidate for any public
office or party position or any independent nomination, or the holding
of an uncontested primary election, by reason of a petition for an
opportunity to ballot OR NOTICE OF INTENT TO CIRCULATE A DESIGNATING
PETITION having been filed, or the election of any person to any party
position may be contested in a proceeding instituted in the supreme
court by any aggrieved candidate, or by the chairman of any party
committee or by a person who shall have filed objections, as provided in
this chapter, except that the chairman of a party committee may not
bring a proceeding with respect to a designation or the holding of an
otherwise uncontested primary.
2. A proceeding with respect to a petition OR NOTICE shall be insti-
tuted within fourteen days after the last day to file the petition OR
NOTICE, or within three business days after the officer or board with
whom or which such petition OR NOTICE was filed, makes a determination
of invalidity with respect to such petition OR NOTICE, whichever is
later; except that a proceeding with respect to a petition OR NOTICE for
a village election or an independent nomination for a special election
shall be instituted within seven days after the last day to file the
petition OR NOTICE for such village election or independent nomination
or within three business days after the officer or board with whom or
which such petition OR NOTICE was filed, makes a determination of inva-
lidity with respect to such petition OR NOTICE, whichever is later. A
proceeding with respect to a primary, convention, meeting of a party
committee, or caucus shall be instituted within ten days after the hold-
ing of such primary or convention or the filing of the certificate of
nominations made at such caucus or meeting of a party committee.
S 20. This act shall take effect immediately.