N.Y. Election Law § 6-146: Nomination and designation; declination or acceptance

§ 6-146. Nomination and designation; declination or acceptance. 1. A

person designated as a candidate for nomination or for party position,

or nominated for an office, otherwise than at a primary election, may,

in a certificate signed and acknowledged by him, and filed as provided

in this article, decline the designation or nomination; provided,

however, that, if designated or nominated for a public office other than

a judicial office by a party of which he is not a duly enrolled member,

or if designated or nominated for a public office other than a judicial

office by more than one party or independent body or by an independent

body alone, such person shall, in a certificate signed and acknowledged

by him, and filed as provided in this article, accept the designation or

nomination as a candidate of each such party or independent body other

than that of the party of which he is an enrolled member, otherwise such

designation or nomination shall be null and void.

2. If any designation or nomination is declined, the officer or board

to whom or which notification thereof is given shall forthwith inform by

mail or otherwise the committee authorized to fill the vacancy, that the

designation or nomination has been declined, and if such declination is

filed with the state board of elections after such board has given

official notice, pursuant to the provisions of this chapter, to the

several boards of elections that the name of the candidate filing such

declination is to appear on a ballot, such board also shall give

immediate notice by mail or otherwise that such designation or

nomination has been declined, to the several boards of elections which

prepare the official ballots for election districts affected by such

declination.

3. When a person who was not designated for nomination at a primary

election receives a nomination for public office at such primary

election, the officer or board with whom or which a designating petition

for such an office is required to be filed shall forthwith notify, by

mail, such person of his nomination, and that he must decline or accept

such nomination in writing as hereinafter provided.

4. A person nominated without designation for public office at a

primary election may decline such nomination. A person so nominated for

public office by a party of which he is not a duly enrolled member, must

decline or accept such nomination, otherwise such nomination shall be

null and void. Such declinations or acceptances must be filed not later

than five days after the mailing of notification of such nomination by

such officer or board. If the nomination is declined the vacancy may be

filled not later than three days after such declination shall have been

filed in the office of the officer or board.

5. A person who has been nominated for public office by a party or

parties and who is thereafter nominated for another office by one or

more of such parties, or who is thereafter nominated by the party to

fill a vacancy caused by such nomination or nominations to fill a

vacancy by the party, may decline such first nomination or nominations

not later than the third day after the filing of the certificate of his

nomination or nominations for such other office, but such a declination

shall not be effective if such other nomination or nominations by the

party is duly declined.

6. A person designated as a candidate for two or more party

nominations for an office to be filled at the time of a general election

who is not nominated at a primary election by one or more such parties

may decline the nomination of one or more parties not later than ten

days after the primary election.

7. A person designated as a candidate for nomination or for party

position, or nominated for an office, may, in a certificate signed and

acknowledged by such person and filed no later than the last day to

certify the ballot pursuant to section 4-110 or section 4-112 of this

chapter, decline the designation or nomination under the following

circumstances:

(a) where the person so nominated or designated has been arrested or

charged with one or more misdemeanors or felonies by the filing of an

accusatory instrument in a state court at any time after such person's

designation or nomination; or

(b) where the person so nominated or designated has been arrested or

charged with one or more misdemeanors or felonies by the filing of a

criminal complaint, information or indictment in federal court at any

time after such person's designation or nomination; or

(c) where the person so nominated or designated has been convicted of

one or more misdemeanors or felonies under state or federal law at any

time after such person's designation or nomination.

8. In the case of a joint designation or joint nomination for the

offices of governor and lieutenant governor made pursuant to this

article, a declination filed by either candidate shall only constitute a

declination by the declining candidate and shall create a vacancy in

such joint designation or joint nomination. A vacancy in the joint

designation or joint nomination for the offices of governor and

lieutenant governor shall be filled in accordance with the provisions

for filling vacancies in section 6-148 of this article.