Assembly Bill A228

2011-2012 Legislative Session

Provides that a court may require that a new election be held when there is clear and convincing evidence that the wrong candidate was determined to be the winner

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A228 (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add ยง16-103, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9481, A3432
2013-2014: A418
2015-2016: A1406
2017-2018: A440
2019-2020: A273
2021-2022: A5042
2023-2024: A1137

2011-A228 (ACTIVE) - Summary

Provides that a court may require that a new election be held when there is clear and convincing evidence that the wrong candidate was determined to be the winner.

2011-A228 (ACTIVE) - Bill Text download pdf

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

                                   228

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN,  CAHILL,  GALEF, KAVANAGH, JAFFEE --
  Multi-Sponsored by -- M. of A. BRENNAN, DINOWITZ, FARRELL,  GOTTFRIED,
  LATIMER,  MAYERSOHN,  PERRY,  SCARBOROUGH, WEISENBERG -- read once and
  referred to the Committee 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.
              

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