N.Y. Election Law § 6-138: Independent nominations; rules

§ 6-138. Independent nominations; rules. 1. Independent nominations

for public office shall be made by a petition containing the signatures

of registered voters of the political unit for which a nomination is

made who are registered to vote. The name of a person signing such a

petition for an election for which voters are required to be registered

shall not be counted if the name of a person who has signed such a

petition appears upon another valid and effective petition designating

or nominating the same or a different person for the same office.

2. Except as otherwise provided herein, the form of, and the rules for

a nominating petition shall conform to the rules and requirements for

designating petitions contained in this article.

2-a. Independent nominations for the offices of governor and

lieutenant governor shall be designated jointly by the independent body.

An independent nominating petition for the offices of governor and

lieutenant governor shall be valid only if such petition jointly

nominates candidates for both offices.

3. a. The name selected for the independent body making the nomination

shall be in English characters and shall not include the name or part of

the name or an abbreviation of the name or part of the name, nor shall

the emblem or name be of such a configuration as to create the

possibility of confusion with the emblem or name of a then existing

party, or the emblem or name of an independent body selected by a

previously filed independent nominating petition for the same office.

Such name selected for such independent body shall continuously remain

the name of such party as defined in subdivision three of section 1-104

of this chapter.

b. Notwithstanding the requirements of paragraph a of this

subdivision, if the emblem or name selected for an independent body on

any independent nominating petition is the same as that selected by any

previously filed independent nominating petition for the same office,

the board of elections with which such later petition was filed shall,

not later than two days after the filing of such later filed petition,

send notice of such duplicate selection of emblem or name by first-class

mail, to the candidate for such office who was nominated by such later

filed petition, and that the candidate to whom such notice is required

to be sent may file with such board of elections, not later than seven

days after such notice was mailed, a certificate selecting a different

emblem or name.

c. A person who has been nominated or who expects to be nominated as

the candidate of an independent body for the office of President of the

United States at any election for such office may, not later than three

days after the last day to file nominating petitions, file with the

state board of elections, a special certificate which shall be

irrevocable, stating that such person does not wish to permit candidates

for any other office, except the office of Vice-President of the United

States, to appear on the ballot with the same name and emblem as the

independent body which has nominated or will nominate such candidate for

the office of President.

d. Not later than seven days after the last day to file nominating

petitions, the state board of elections shall notify each local board of

elections of the name of each candidate for President of the United

States who has filed such a special certificate, together with the name

and emblem of the independent body selected on the petition which

nominated such candidate.

e. If any candidate has been nominated for any other office by a

petition which selected the same name or emblem for an independent body

as the name or emblem selected on the petition which nominated a

candidate for President of the United States who has filed a special

certificate pursuant to paragraph c of this subdivision, the board of

elections with which the petition nominating such candidate for such

other office was filed shall, not later than ten days after the last day

to file nominating petitions, send to each such candidate, by first

class mail, notice that a special certificate pursuant to paragraph c of

this subdivision has been filed and that the candidate to whom such

notice is sent may file with such board of elections, not later than

seven days after such notice was mailed, a certificate selecting a

different name and emblem.

f. If such a petition shall not show an emblem, or if the petition

shall fail to select a name for such independent body, or if pursuant to

the provisions of paragraph b or paragraph e of this subdivision, a

candidate shall fail to select another emblem or name for such

independent body, the officer or board in whose office the petition is

filed shall select an emblem or name or both to distinguish the

candidates nominated thereby. The name and emblem shown upon such

petition or selected by a candidate authorized to make such selection by

paragraph b or paragraph e of this subdivision, or selected by an

officer or board shall also conform to the requirements of this chapter

with respect to names or emblems permitted to be selected by a party.

g. Nothing contained in this subdivision shall preclude a court of

competent jurisdiction from rejecting an independent nominating petition

if the court determines that fraud was involved in the selection of a

name or emblem.

4. A signature made earlier than six weeks prior to the last day to

file independent petitions shall not be counted. A signature on an

independent petition for a special election made earlier than the date

of the proclamation calling the special election shall not be counted.