Legislation
SECTION 6-120
Designation and nomination; restrictions
Election (ELN) CHAPTER 17, ARTICLE 6
§ 6-120. Designation and nomination; restrictions. 1. A petition,
except as otherwise herein provided, for the purpose of designating any
person as a candidate for party nomination at a primary election shall
be valid only if the person so designated is an enrolled member of the
party referred to in said designating petition at the time of the filing
of the petition.
2. Except as provided in subdivisions three and four of this section,
no party designation or nomination shall be valid unless the person so
designated or nominated shall be an enrolled member of the political
party referred to in the certificate of designation or nomination at the
time of filing of such certificate.
3. The members of the party committee representing the political
subdivision of the office for which a designation or nomination is to be
made, unless the rules of the party provide for another committee, in
which case the members of such other committee, and except as
hereinafter in this subdivision provided with respect to certain offices
in the city of New York, may, by a majority vote of those present at
such meeting provided a quorum is present, authorize the designation or
nomination of a person as candidate for any office who is not enrolled
as a member of such party as provided in this section. In the event that
such designation or nomination is for an office to be filled by all the
voters of the city of New York, such authorization must be by a majority
vote of those present at a joint meeting of the executive committees of
each of the county committees of the party within the city of New York,
provided a quorum is present at such meeting. The certificate of
authorization shall be filed not later than four days after the last day
to file the designating petition, certificate of nomination or
certificate of substitution to which such authorization relates,
provided, however, such certificate shall be filed not later than nine
days following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. The certificate of authorization shall be signed
and acknowledged by the presiding officer and the secretary of the
meeting at which such authorization was given.
4. This section shall not apply to a political party designating or
nominating candidates for the first time, to candidates nominated by
party caucus, nor to candidates for judicial offices.
except as otherwise herein provided, for the purpose of designating any
person as a candidate for party nomination at a primary election shall
be valid only if the person so designated is an enrolled member of the
party referred to in said designating petition at the time of the filing
of the petition.
2. Except as provided in subdivisions three and four of this section,
no party designation or nomination shall be valid unless the person so
designated or nominated shall be an enrolled member of the political
party referred to in the certificate of designation or nomination at the
time of filing of such certificate.
3. The members of the party committee representing the political
subdivision of the office for which a designation or nomination is to be
made, unless the rules of the party provide for another committee, in
which case the members of such other committee, and except as
hereinafter in this subdivision provided with respect to certain offices
in the city of New York, may, by a majority vote of those present at
such meeting provided a quorum is present, authorize the designation or
nomination of a person as candidate for any office who is not enrolled
as a member of such party as provided in this section. In the event that
such designation or nomination is for an office to be filled by all the
voters of the city of New York, such authorization must be by a majority
vote of those present at a joint meeting of the executive committees of
each of the county committees of the party within the city of New York,
provided a quorum is present at such meeting. The certificate of
authorization shall be filed not later than four days after the last day
to file the designating petition, certificate of nomination or
certificate of substitution to which such authorization relates,
provided, however, such certificate shall be filed not later than nine
days following the issuance of a proclamation of a special election held
pursuant to paragraph b of subdivision three of section forty-two of the
public officers law. The certificate of authorization shall be signed
and acknowledged by the presiding officer and the secretary of the
meeting at which such authorization was given.
4. This section shall not apply to a political party designating or
nominating candidates for the first time, to candidates nominated by
party caucus, nor to candidates for judicial offices.