§ 2-104. County committee; creation. 1. The county committee of each
party shall be constituted by the election in each election district
within such county of at least two members and of such additional
members as the rules of the county committee of the party within the
county or the statement filed pursuant hereto may provide for such
district, proportional to the party vote in the district for governor at
the last preceding gubernatorial election, or in case the boundaries of
such district have been changed or a new district has been created since
the last preceding gubernatorial election, proportional to the party
vote cast for member of assembly or in the event there was no election
for member of assembly, then proportional to the number of enrolled
voters of such party in such district on the list of enrolled voters
last published by the board of elections, excluding voters in inactive
status. In a county in which no additional members are provided for by
the rules of the county committee or the statement filed pursuant hereto
the voting power of each member shall be in proportion to such party
vote or, if the election district which such member represents was
created or changed since the last election for member of assembly,
proportional to such party enrollment. In a county in which additional
members are so provided for, on the basis of the party vote or
enrollment in election districts within such county, each member shall
have one vote. Each member of a county committee shall be an enrolled
voter of the party residing in the county and the assembly district from
which or in the assembly district containing the election district in
which such member is elected except that a member of a county committee
who, as a result of an alteration of assembly district lines, no longer
resides within such assembly district may continue to serve for the
balance of the term to which he was elected.

2. If such committee or a state convention of the party shall provide
by rule for representation by gender on such committee, the rules of
such committee relative to additional members, either from election
districts or at large, shall be formulated and applied in such manner
that the whole membership shall be divided among genders as provided by
the rules of such committee. When any such rule provides for such
representation, the designating petitions and primary ballots shall list
candidates for such party positions separately by gender marker. In
providing for such representation, such committee shall establish rules
that provide for the ability of individuals who do not exclusively
identify as a binary gender to serve as members and which respect
individuals' gender identity.

3. Notwithstanding the provisions of subdivision one of this section,
a county committee of a party shall be legally constituted if
twenty-five per centum of the committeemen required to be elected in
such county, as provided in subdivision one of this section, have been
elected.