N.Y. Election Law § 6-120: Designation and nomination; restrictions

§ 6-120. Designation and nomination; restrictions. 1. A petition,

except as otherwise herein provided, for the purpose of designating any

person as a candidate for party nomination at a primary election shall

be valid only if the person so designated is an enrolled member of the

party referred to in said designating petition at the time of the filing

of the petition.

2. Except as provided in subdivisions three and four of this section,

no party designation or nomination shall be valid unless the person so

designated or nominated shall be an enrolled member of the political

party referred to in the certificate of designation or nomination at the

time of filing of such certificate.

3. The members of the party committee representing the political

subdivision of the office for which a designation or nomination is to be

made, unless the rules of the party provide for another committee, in

which case the members of such other committee, and except as

hereinafter in this subdivision provided with respect to certain offices

in the city of New York, may, by a majority vote of those present at

such meeting provided a quorum is present, authorize the designation or

nomination of a person as candidate for any office who is not enrolled

as a member of such party as provided in this section. In the event that

such designation or nomination is for an office to be filled by all the

voters of the city of New York, such authorization must be by a majority

vote of those present at a joint meeting of the executive committees of

each of the county committees of the party within the city of New York,

provided a quorum is present at such meeting. The certificate of

authorization shall be filed not later than four days after the last day

to file the designating petition, certificate of nomination or

certificate of substitution to which such authorization relates,

provided, however, such certificate shall be filed not later than nine

days following the issuance of a proclamation of a special election held

pursuant to paragraph b of subdivision three of section forty-two of the

public officers law. The certificate of authorization shall be signed

and acknowledged by the presiding officer and the secretary of the

meeting at which such authorization was given.

4. This section shall not apply to a political party designating or

nominating candidates for the first time, to candidates nominated by

party caucus, nor to candidates for judicial offices.