N.Y. Election Law § 16-102: Proceedings as to designations and nominations, primary elections, etc

§ 16-102. Proceedings as to designations and nominations, primary

elections, etc. 1. The nomination or designation of any candidate for

any public office or party position or any independent nomination, or

the holding of an uncontested primary election, by reason of a petition

for an opportunity to ballot having been filed, or the election of any

person to any party position, or the certificate to fill a vacancy in a

designation, may be contested in a proceeding instituted in the supreme

court by any aggrieved candidate, or by the chairman of any party

committee or by a person who shall have filed objections, as provided in

this chapter, except that the chairman of a party committee may not

bring a proceeding with respect to a designation or the holding of an

otherwise uncontested primary.

2. A proceeding with respect to a petition shall be instituted within

fourteen days after the last day to file the petition, within four days

after the last day that a certificate to fill a vacancy in a designation

shall be filed, or within three business days after the officer or board

with whom or which such petition was filed, makes a determination of

invalidity with respect to such petition or certificate to fill a

vacancy, whichever is later; except that a proceeding with respect to a

petition for a village election or a nomination for a special election

shall be instituted within seven days after the last day to file the

certificate or petition for such village election or nomination or

within three business days after the officer or board with whom or which

such certificate or petition was filed, makes a determination of

invalidity with respect to such certificate or petition, whichever is

later. A proceeding with respect to a primary, convention, meeting of a

party committee, or caucus shall be instituted within ten days after the

holding of such primary or convention or the filing of the certificate

of nominations made at such caucus or meeting of a party committee.

3. The court may direct reassembling of any convention or the holding

of a new primary election, or caucus where it finds there has been such

fraud or irregularity as to render impossible a determination as to who

rightfully was nominated or elected.

4. A final order including the resolution of any appeals in any

proceeding involving the names of candidates on ballots or voting

machines shall be made, if possible, at least five weeks before the day

of the election at which such ballots or voting machines are to be used,

or if such proceeding is commenced within five weeks of such election,

no later than the day following the day on which the case is heard.