NY State Senate Bill 2015-S4284A

Senate Bill S4284A

2015-2016 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

Archive: Last Bill Status - In Senate Committee Elections 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to elections
Jun 09, 2015	print number 4284a
Jun 09, 2015	amend and recommit to elections
Mar 11, 2015	referred to elections

Bill Amendments

Original

A (Active)

2015-S4284 - Details

See Assembly Version of this Bill:: A1406
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §16-103, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9481, A3432
2011-2012: A228
2013-2014: A418
2017-2018: S3388, A440
2019-2020: A273
2021-2022: A5042
2023-2024: A1137

2015-S4284 - 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.

2015-S4284 - Sponsor Memo

                                BILL NUMBER:S4284

TITLE OF BILL:  An act to amend the election law, in relation to court
proceedings involving disputed election results

PURPOSE:  This bill amends the election law and provides that a court
may order a new election when there is clear and convincing evidence
that the wrong candidate was or would be determined to be the winner.

SUMMARY OF PROVISIONS:

Section one amends the election law by adding a new section 16-103
that provides that an aggrieved candidate may contest a special or
general election by bringing a proceeding in supreme court. Such
proceeding must be commenced within twenty days after the election to
which it relates. The court shall give the parties an opportunity to
elect a jury trial. The court shall order a new election be held only
if there is clear and convincing evidence to demonstrate that fraud,
irregularity, or voting machine failure deprived the aggrieved
candidate of a winning margin of votes. The new election shall be held
on the fifth Tuesday after the court's order is issued, unless that
day is a holiday, in which case the election shall be held on the next
succeeding Tuesday that is not a holiday. All candidates for the
contested office who were on the ballot at the original election shall
be on the ballot at the new election, except, in a race for an office
requiring multiple winners, the name of a candidate who won by clear

and convincing evidence shall not be on the ballot in the new
election. The court may order an injunction to prevent a candidate
from assuming office until after a new election has been held.

Section two provides the effective date.

JUSTIFICATION:  Under current law, courts are only allowed to call new
elections in primary races. This bill amends the election law to allow
for the court to order a new election in general elections as well. If
enacted, a court shall order a new election when there is clear and
convincing evidence that fraud, irregularity, or voting machine
failure deprived the aggrieved candidate of a winning margin of votes.

Elections should be fair. The elected candidate should be the person
the electorate has chosen. This legislation provides a mechanism to
ensure fairness and transparency in elections throughout New York
State by giving aggrieved candidates a meaningful remedy in order to
ensure that the rightful winner assumes office.

LEGISLATIVE HISTORY:  2013-14: A.418 Referred to Election Law 2011-12:
A.228 Referred to Election Law 2010: A.9481 Referred to Election Law

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately and shall
apply to any election held on or after such effective date.

2015-S4284 - Bill Text download pdf

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

                                  4284

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04853-01-5

S. 4284                             2

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.

2015-S4284A (ACTIVE) - Details

See Assembly Version of this Bill:: A1406
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §16-103, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9481, A3432
2011-2012: A228
2013-2014: A418
2017-2018: S3388, A440
2019-2020: A273
2021-2022: A5042
2023-2024: A1137

2015-S4284A (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.

2015-S4284A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4284A

 TITLE OF BILL :  An act to amend the election law, in relation to
court proceedings involving disputed election results

 PURPOSE :  This bill amends the election law and provides that a
court may order a new election when there is clear and convincing
evidence that the wrong candidate was or would be determined to be the
winner.

 SUMMARY OF PROVISIONS :

Section one amends the election law by adding a new section 16-103
that provides that an aggrieved candidate may contest a special or
general election by bringing a proceeding in supreme court. Such
proceeding must be commenced within twenty days after the election to
which it relates. The court shall order a new election be held only if
there is clear and convincing evidence to demonstrate that fraud,
irregularity, or voting machine failure deprived the aggrieved
candidate of a winning margin of votes. The new election shall be held
on the fifth Tuesday after the court's order is issued, unless that
day is a holiday, in which case the election shall be held on the next
succeeding Tuesday that is not a holiday. All candidates for the
contested office who were on the ballot at the original election shall
be on the ballot at the new election, except, in a race for an office
requiring multiple winners, the name of a candidate who won by clear

and convincing evidence shall not be on the ballot in the new election
The court may order an injunction to prevent a candidate from assuming
office until after a new election has been held.

Section two provides the effective date.

 JUSTIFICATION :  Under current law, courts are only allowed to call
new elections in primary races. This bill amends the election law to
allow for the court to order a new election in general elections as
well. If enacted, a court shall order a new election when there is
clear and convincing evidence that fraud, irregularity, or voting
machine failure deprived the aggrieved candidate of a winning margin
of votes,

Elections should be fair, The elected candidate should be the person
the electorate has chosen. This legislation provides a mechanism to
ensure fairness and transparency in elections throughout New York
State by giving aggrieved candidates a meaningful remedy in order to
ensure that the rightful winner assumes office.

 LEGISLATIVE HISTORY :  2013-14: A.418 Referred to Election Law
2011-12: A.228 Referred to Election Law 2010: A.9481 Referred to
Election Law

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  This act shall take effect immediately and shall
apply to any election held on or after such effective date

2015-S4284A (ACTIVE) - Bill Text download pdf

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

                                 4284--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Elections  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.  UPON  EVIDENCE  OF  FRAUD,  IRREGULARITIES  OR VIOLATIONS OF ARTICLE
SEVENTEEN OF THIS CHAPTER AFFECTING THE OUTCOME OF A GENERAL OR  SPECIAL
ELECTION  AN AGGRIEVED CANDIDATE MAY CONTEST ANY SUCH 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. THE COURT MAY DETER-
MINE ISSUES OF FACT AND/OR LAW IN A PROCEEDING PURSUANT TO THIS SECTION.
  3. IN A PROCEEDING PURSUANT TO THIS SECTION THE COURT SHALL INVALIDATE
THE  ELECTION  RESULTS  AND ORDER A NEW ELECTION IF CLEAR AND CONVINCING
EVIDENCE DEMONSTRATES THAT FRAUD, IRREGULARITY OR VIOLATIONS OF  ARTICLE
SEVENTEEN  OF THIS CHAPTER 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.
  4.  ALL  CANDIDATES  ON  THE  BALLOT  AT THE ORIGINAL ELECTION FOR THE
CONTESTED OFFICE SHALL BE ON THE BALLOT AT THE NEW  ELECTION;  PROVIDED,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04853-03-5

S. 4284--A                          2

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  ANY  OTHER
RIGHTS  OR REMEDIES AVAILABLE IN LAW OR EQUITY OR PURSUANT TO THIS CHAP-
TER.
  S 2. This act shall take effect immediately and  shall  apply  to  any
election held on or after such effective date.

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