N.Y. Election Law § 6-104: Party designation; statewide office

§ 6-104. Party designation; statewide office. 1. Party designation of

a candidate for nomination for any office to be filled by the voters of

the entire state shall be made by the state committee. A designation for

the offices of governor and lieutenant governor, shall be made jointly

by a single majority vote of such committee.

2. The state committee shall make a decision by majority vote. The

person or persons receiving the majority vote shall be the party's

designated candidate or pair of candidates for nomination, and all other

persons who shall have received twenty-five percent or more of the vote

cast on any ballot shall have the right to make written demand, duly

acknowledged, to the state board of elections that their names appear on

the primary ballot as candidates for such nomination. Such demand shall

be made not later than seven days after such meeting and may be

withdrawn in the same manner within fourteen days after such meeting;

provided however, that in the case of the joint designation for the

offices of governor and lieutenant governor made pursuant to subdivision

five of this section, such right to make a written demand shall be

afforded only to a pair of candidates who jointly sought such

designation where the candidate for governor in such pair received

twenty-five percent or more of the vote cast on any ballot for such

office, and such demand must be made jointly by both candidates in such

pair for their names to appear jointly on the primary ballot as

candidates for nomination for such offices.

3. In the absence of a party rule forming and designating the members

of a committee to fill any vacancy in designations which may occur after

the state committee has adjourned its meeting and before the primary

election, the state committee shall also enact a resolution forming such

a committee and selecting the members of same.

4. Upon the vote for such designation, each member of the state

committee shall be entitled to cast a number of votes which shall be in

accordance with the ratio which the number of votes cast for the party

candidate for governor on the line or column of the party at the last

preceding general state election in the unit of representation of such

member bears to the total vote cast on such line or column at such

election for such candidate in the entire state. The apportionment of

such votes as so prescribed shall be determined by the rules of the

party.

5. Enrolled members of the party may make other designations by

petition for members of the same party. A petition designating a

candidate for the office of governor or lieutenant governor shall be

valid only if such petition jointly designates candidates for both such

offices on such petition.

6. The meeting of the state committee for the purpose of designating

candidates shall be held not earlier than twenty-one days before the

first day to sign designating petitions and not later than the first day

to sign designating petitions for the primary election.

7. Within four days after such meeting, the state committee shall file

with the state board of elections.

(a) The names of persons who have received the designation of the

state committee and the offices for which designated, and the name of

each person who received twenty-five percent or more, of the vote on any

ballot and the offices for which they received such vote.

(b) The names of the persons selected as the committee to fill

vacancies or a certified copy of the party rule forming and empowering

such a committee to fill vacancies.

8. No person may be designated by a state committee for more than one

statewide office pursuant to the provisions of this section.