N.Y. Election Law § 6-108: Party nominations; towns

§ 6-108. Party nominations; towns. 1. In any town in a county having a

population of over seven hundred fifty thousand inhabitants, as shown by

the latest federal decennial or special population census, party

nominations of candidates for town offices shall be made at the primary

preceding the election. In any other town, nominations of candidates for

town offices shall be made by caucus or primary election as the rules of

the county committee shall provide, except that the members of the

county committee from a town may adopt by a two-thirds vote, a rule

providing that the party candidates for town offices shall be nominated

at the primary election. If a rule adopted by the county committee of a

political party or by the members of the county committee from a town,

provides that party candidates for town offices, shall be nominated at a

primary election, such rule shall not apply to nor affect a primary held

less than four months after a certified copy of the rule shall have been

filed with the board of elections. After the filing of such a rule, the

rule shall continue in force until a certified copy of a rule revoking

the same shall have been filed with such board at least four months

before a subsequent primary. Such a caucus shall be held no earlier than

the first day on which designating petitions for the primary election

may be signed.

2. In the event that there is no town committee with a chairman, the

chairman of the county committee or such other person or body as the

rules of such committee may provide, shall designate an enrolled member

of the party who is a qualified voter of such town as the town caucus

chairman to convene such caucus and give notice thereof.

3. A notice of any party caucus held for making party nominations of

candidates for town offices shall be given by proper party authorities

by posting such notice in the public areas at the offices of the town

clerk and the board of elections and filing a copy of such notice with

such clerk and such board at least ten days preceding the day of the

caucus and, either by newspaper publication thereof once within the town

at least one week and not more than two weeks preceding the caucus, or

by posting in ten public places in the town at least ten days preceding

the day of the caucus. The notice shall specify the time and place or

places, and the purpose of the caucus. There shall be a chairman and

secretary, and there may be tellers, for each such caucus, and they

shall take the constitutional oath of office before acting. No person

shall participate in such a caucus for the nomination of candidates for

town offices, unless he shall appear as an enrolled party voter on the

transcript of enrollments from the registration poll ledger. Town

caucuses described in this section shall be held at the expense of the

party. Subject to the foregoing provisions, the county committee of the

county containing a town may prescribe rules governing the conduct of

party caucuses described in this section.