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This entry was published on 2023-03-24
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SECTION 6-154
Nominations and designations; objections to
Election (ELN) CHAPTER 17, ARTICLE 6
§ 6-154. Nominations and designations; objections to. 1. Any petition
or certificate filed with the officer or board charged with the duty of
receiving it shall be presumptively valid if it is in proper form and
appears to bear the requisite number of signatures, authenticated in a
manner prescribed by this chapter.

2. Written objections to any certificate of designation or nomination
or to a nominating or designating petition or a petition for opportunity
to ballot for public office or to a certificate of acceptance, a
certificate of authorization, a certificate of declination or a
certificate of substitution relating thereto may be filed by any voter
registered to vote for such public office and to a designating petition
or a petition for opportunity to ballot for party position or a
certificate of substitution, a certificate of acceptance or a
certificate of declination relating thereto by any voter enrolled to
vote for such party position. Such objections shall be filed with the
officer or board with whom the original petition or certificate is filed
within three days after the filing of the petition or certificate to
which objection is made, or within three days after the last day to file
such a certificate, if no such certificate is filed except that if any
person nominated by an independent nominating petition, is nominated as
a party candidate for the same office by a party certificate filed, or a
party nomination made after the filing of such petition, the written
objection to such petition may be filed within three days after the
filing of such party certificate or the making of such party nomination.
When such an objection is filed, specifications of the grounds of the
objections shall be filed within six days thereafter with the same
officer or board and if specifications are not timely filed, the
objection shall be null and void.

* 3. Written objections to any certificate of nomination or to a
certificate of acceptance, a certificate of authorization, a certificate
of declination or a certificate of substitution relating to a special
election held pursuant to paragraph b of subdivision three of section
forty-two of the public officers law may be filed by any voter
registered to vote for such public office. Such objections shall be
filed with the officer or board with whom the original certificate is
filed within one day after the filing of the certificate to which
objection is made, or within one day after the last day to file such a
certificate, if no such certificate is filed. When such objections are
filed, specifications of the grounds of the objections shall be filed
within three days thereafter with the same officer or board and if
specifications are not timely filed, the objections shall be null and
void.

* NB There are 2 sb 3's

* 3. (a) Any person filing general objections to any designating
petition, independent nominating petition or certificate of nomination
or ballot access document who thereafter files specifications of his or
her objections to any such document shall do so in accordance with the
provisions of this subdivision. All such specifications shall
substantially comply with the following requirements:

(i) for specifications relating to any petition, the volume number,
page number, and line number of any signature objected to on any
petition shall be set forth in detail. In addition, any portion of any
petition or any signature line or witness statement objected to shall be
specifically identified and reasons given for any such objection;

(ii) the total number of signatures objected to shall be set forth and
all objections relating to a single signature line should be grouped
together; and

(iii) symbols and/or abbreviations may be used to set forth
objections, provided that a sheet explaining the meaning of any such
symbols and/or abbreviations is attached to the specifications.

(b) No specifications of objections to any petition, certificate of
nomination or ballot access document will be considered unless the
objector filing the specifications personally delivers or mails by
overnight mail a duplicate copy of the specification to each candidate
for public office named on the petition. Objections and specifications
to a petition for an opportunity to ballot must be served on the persons
named as the committee to receive notices. In the case of a petition
containing candidates for party positions, service of the specifications
shall be made on either the named candidates or the first person named
on the petition's committee to fill vacancies. Service shall be made on
or before the date of filing of any specifications with the officer or
board. Proof of service shall accompany the specifications or be
received by the end of two business days following the filing of the
specifications, whichever is later.

* NB There are 2 sb 3's

4. (a) Such officer or board shall give notice by overnight mail to
the objector and the candidate named in such petition or certificate of
the date or dates on which such officer or board shall consider the
specifications filed, and board findings, the result of and research of
the specifications, and shall make a determination as to the sufficiency
of such petition or certificate. Copies of the board's research of
specifications shall accompany such notice. Such notice may be given by
electronic correspondence in lieu of overnight mail with the consent of
the objector or the candidate in accordance with subdivision seven of
this section. Such officer or board shall provide the objector and
candidate or their agent or agents an opportunity to be heard as to the
validity of each specific objection. Such opportunity may be by written
submission or oral presentation in the discretion of such officer or
board. Such officer or board shall not deny the objector or the
candidate or their agent or agents an opportunity to be present when the
determination as to validity is made.

(b) For objections and specifications made to ballot access documents
filed with the state board of elections, the provisions of paragraph (a)
of this subdivision shall apply. However, the opportunity to be heard as
to the validity or invalidity of such specifications shall be provided
in a hearing which precedes any meeting of the state board's
commissioners at which determinations will be rendered.

5. When any determination is made that a certificate or petition is
sufficient or insufficient, such officer or board shall give notice of
the determination forthwith by mail to each candidate named in the
petition or certificate, and, if the determination is made upon
specified objections, the objector shall be notified. Such notice may be
given by electronic correspondence in lieu of mail with the consent of
the candidate or the objector in accordance with subdivision seven of
this section. Such candidate or objector may designate an attorney or
agent to receive any such notice and/or determination on his or her
behalf. Any such designation shall be in writing and include the name,
address, email and telephone number of any such attorney or agent, and
any such attorney and/or agent shall be eligible to represent any such
candidate or objector in any proceeding relating to the specifications.

6. Nothing in this section shall be construed to require an objection
or hearing if the board of elections by majority vote determines that a
filing does not meet the criteria of subdivision one of this section to
be presumptively valid.

7. For the purposes of this section, a candidate or objector shall be
deemed to have consented to electronic correspondence if, having been
advised conspicuously that enrollment or registration is voluntary and
that they may continue to receive notices by mail as provided in this
section, they instead affirmatively choose to receive such notices by
electronic correspondence only.