N.Y. Election Law § 6-154: Nominations and designations; objections to

§ 6-154. Nominations and designations; objections to. 1. Any petition

or certificate filed with the officer or board charged with the duty of

receiving it shall be presumptively valid if it is in proper form and

appears to bear the requisite number of signatures, authenticated in a

manner prescribed by this chapter.

2. Written objections to any certificate of designation or nomination

or to a nominating or designating petition or a petition for opportunity

to ballot for public office or to a certificate of acceptance, a

certificate of authorization, a certificate of declination or a

certificate of substitution relating thereto may be filed by any voter

registered to vote for such public office and to a designating petition

or a petition for opportunity to ballot for party position or a

certificate of substitution, a certificate of acceptance or a

certificate of declination relating thereto by any voter enrolled to

vote for such party position. Such objections shall be filed with the

officer or board with whom the original petition or certificate is filed

within three days after the filing of the petition or certificate to

which objection is made, or within three days after the last day to file

such a certificate, if no such certificate is filed except that if any

person nominated by an independent nominating petition, is nominated as

a party candidate for the same office by a party certificate filed, or a

party nomination made after the filing of such petition, the written

objection to such petition may be filed within three days after the

filing of such party certificate or the making of such party nomination.

When such an objection is filed, specifications of the grounds of the

objections shall be filed within six days thereafter with the same

officer or board and if specifications are not timely filed, the

objection shall be null and void.

* 3. Written objections to any certificate of nomination or to a

certificate of acceptance, a certificate of authorization, a certificate

of declination or a certificate of substitution relating to a special

election held pursuant to paragraph b of subdivision three of section

forty-two of the public officers law may be filed by any voter

registered to vote for such public office. Such objections shall be

filed with the officer or board with whom the original certificate is

filed within one day after the filing of the certificate to which

objection is made, or within one day after the last day to file such a

certificate, if no such certificate is filed. When such objections are

filed, specifications of the grounds of the objections shall be filed

within three days thereafter with the same officer or board and if

specifications are not timely filed, the objections shall be null and

void.

* NB There are 2 sb 3's

* 3. (a) Any person filing general objections to any designating

petition, independent nominating petition or certificate of nomination

or ballot access document who thereafter files specifications of his or

her objections to any such document shall do so in accordance with the

provisions of this subdivision. All such specifications shall

substantially comply with the following requirements:

(i) for specifications relating to any petition, the volume number,

page number, and line number of any signature objected to on any

petition shall be set forth in detail. In addition, any portion of any

petition or any signature line or witness statement objected to shall be

specifically identified and reasons given for any such objection;

(ii) the total number of signatures objected to shall be set forth and

all objections relating to a single signature line should be grouped

together; and

(iii) symbols and/or abbreviations may be used to set forth

objections, provided that a sheet explaining the meaning of any such

symbols and/or abbreviations is attached to the specifications.

(b) No specifications of objections to any petition, certificate of

nomination or ballot access document will be considered unless the

objector filing the specifications personally delivers or mails by

overnight mail a duplicate copy of the specification to each candidate

for public office named on the petition. Objections and specifications

to a petition for an opportunity to ballot must be served on the persons

named as the committee to receive notices. In the case of a petition

containing candidates for party positions, service of the specifications

shall be made on either the named candidates or the first person named

on the petition's committee to fill vacancies. Service shall be made on

or before the date of filing of any specifications with the officer or

board. Proof of service shall accompany the specifications or be

received by the end of two business days following the filing of the

specifications, whichever is later.

* NB There are 2 sb 3's

4. (a) Such officer or board shall give notice by overnight mail to

the objector and the candidate named in such petition or certificate of

the date or dates on which such officer or board shall consider the

specifications filed, and board findings, the result of and research of

the specifications, and shall make a determination as to the sufficiency

of such petition or certificate. Copies of the board's research of

specifications shall accompany such notice. Such notice may be given by

electronic correspondence in lieu of overnight mail with the consent of

the objector or the candidate in accordance with subdivision seven of

this section. Such officer or board shall provide the objector and

candidate or their agent or agents an opportunity to be heard as to the

validity of each specific objection. Such opportunity may be by written

submission or oral presentation in the discretion of such officer or

board. Such officer or board shall not deny the objector or the

candidate or their agent or agents an opportunity to be present when the

determination as to validity is made.

(b) For objections and specifications made to ballot access documents

filed with the state board of elections, the provisions of paragraph (a)

of this subdivision shall apply. However, the opportunity to be heard as

to the validity or invalidity of such specifications shall be provided

in a hearing which precedes any meeting of the state board's

commissioners at which determinations will be rendered.

5. When any determination is made that a certificate or petition is

sufficient or insufficient, such officer or board shall give notice of

the determination forthwith by mail to each candidate named in the

petition or certificate, and, if the determination is made upon

specified objections, the objector shall be notified. Such notice may be

given by electronic correspondence in lieu of mail with the consent of

the candidate or the objector in accordance with subdivision seven of

this section. Such candidate or objector may designate an attorney or

agent to receive any such notice and/or determination on his or her

behalf. Any such designation shall be in writing and include the name,

address, email and telephone number of any such attorney or agent, and

any such attorney and/or agent shall be eligible to represent any such

candidate or objector in any proceeding relating to the specifications.

6. Nothing in this section shall be construed to require an objection

or hearing if the board of elections by majority vote determines that a

filing does not meet the criteria of subdivision one of this section to

be presumptively valid.

7. For the purposes of this section, a candidate or objector shall be

deemed to have consented to electronic correspondence if, having been

advised conspicuously that enrollment or registration is voluntary and

that they may continue to receive notices by mail as provided in this

section, they instead affirmatively choose to receive such notices by

electronic correspondence only.