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

                                 1406--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  PAULIN,  CAHILL,  GALEF, KAVANAGH, JAFFEE --
  Multi-Sponsored by -- M. of A. PERRY -- read once and referred to  the
  Committee  on  Election  Law  --  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.
                                                           LBD04853-02-5
              

A. 1406--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.