N.Y. Election Law § 2-104: County committee; creation

§ 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.