NY State Senate Bill 2017-S3388

Senate Bill S3388

2017-2018 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
May 22, 2017	reported and committed to finance
Jan 23, 2017	referred to elections

Votes

- May 22, 2017 - Elections Committee Vote
  S3388
  
  4
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 22, 2017
      
      aye (4)
      
      Akshar
      
      Gallivan
      
      Marchione
      
      Tedisco
      
      nay (1)
      
      Krueger
      
      aye wr (4)
      
      Amedore
      
      Avella
      
      Comrie
      
      Dilan

2017-S3388 (ACTIVE) - Details

See Assembly Version of this Bill:: A440
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
2015-2016: S4284, A1406
2019-2020: A273
2021-2022: A5042
2023-2024: A1137

2017-S3388 (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.

2017-S3388 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3388

 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 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 :

2015-16: S.4284-A/A.1406-A Referred to Elections/Referred to Election
Law
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.

2017-S3388 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3388
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 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:
   §  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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00232-01-7

 S. 3388                             2
 
 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.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 election held on or after such effective date.

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