N.Y. Election Law § 6-158: Nominating and designating petitions and certificates, conventions; times for filing and holding

§ 6-158. Nominating and designating petitions and certificates,

conventions; times for filing and holding. 1. A designating petition

shall be filed not earlier than the thirteenth Monday before, and not

later than the twelfth Thursday preceding the primary election.

* 1-a. Notwithstanding the time fixed in subdivision one of this

section, for the year two thousand twenty-six, such designating petition

required to be filed by such subdivision shall be filed not earlier than

the thirteenth Monday before, and not later than the twelfth Monday

preceding the primary election.

* NB Repealed December 31, 2026

2. A certificate of acceptance or declination of a designation shall

be filed not later than the fourth day after the last day to file such

designation.

3. A certificate to fill a vacancy in a designation caused by

declination shall be filed not later than the fourth day after the last

day to decline. A certificate to fill a vacancy in a designation caused

by death or disqualification shall be filed not later than ten days

after such death or disqualification or four days before the primary

election, whichever is earlier.

4. A petition of enrolled members of a party requesting an opportunity

to write in the name of an undesignated candidate for a public office or

party position at a primary election shall be filed not later than the

eleventh Thursday preceding the primary election. However, where a

designating petition has been filed and the person named therein has

declined such designation and another person has been designated to fill

the vacancy, then in that event, a petition for an opportunity to ballot

in a primary election shall be filed not later than the tenth Thursday

preceding such primary election.

5. A judicial district convention shall be held not earlier than the

Thursday following the first Monday in August preceding the general

election and not later than six days thereafter.

6. (a) A certificate of a party nomination made other than at the

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

election shall be filed not later than thirty days after the primary

election, (b) except that a certificate of nomination for an office

which becomes vacant after the seventh day preceding such primary

election shall be filed not later than thirty days after the primary

election or ten days after the creation of such vacancy, whichever is

later, and (c) except, further, that a certificate of party nomination

of candidates for elector of president and vice-president of the United

States shall be filed not later than seventy-four days after the primary

election, and (d) except still further that a certificate of party

nomination made at a judicial district convention shall be filed not

later than the day after the last day to hold such convention and the

minutes of such convention, duly certified by the chairman and

secretary, shall be filed within seventy-two hours after adjournment of

the convention. A certificate of party nomination for an office to be

filled at a special election shall be filed not later than ten days

following the issuance of a proclamation of such election, provided,

however, such certificate shall be filed not later than seven days

following the issuance of a proclamation for a special election held

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

public officers law.

7. A certificate of acceptance or declination of a party nomination

made other than at a primary election for an office to be filled at the

time of a general election shall be filed not later than the third day

after the last day to file the certificate of such party nomination. A

certificate of acceptance or declination of a party nomination for an

office to be filled at a special election shall be filed not later than

twelve days following the issuance of a proclamation of such election,

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.

8. A certificate to fill a vacancy caused by a declination of a party

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

shall be filed not later than four days after the last day to file such

declination, except that if such nomination was made at the primary

election, such certificate shall be filed not later than ten days after

the last day to file such declination. A certificate to fill a vacancy

caused by a declination of a party nomination for an office to be filled

at a special election shall be filed not later than fourteen days

following the issuance of a proclamation of such election, provided

however, such certificate shall be filed not later than eleven 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. A certificate to fill a vacancy in a nomination

caused by death or disqualification shall be filed not later than ten

days after such death or disqualification or four days before the

election, whichever is earlier.

9. A petition for an independent nomination for an office to be filled

at the time of a general election shall be filed not earlier than

twenty-four weeks and not later than twenty-three weeks preceding such

election. A petition for an independent nomination for an office to be

filled at a special election shall be filed not later than twelve days

following the issuance of a proclamation of such election, 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.

10. Notwithstanding any other provisions of law, where a vacancy

occurs less than fourteen days before the last day for the filing of an

independent petition for an office to be filled at the time of a general

election, or after the last day to file an independent petition, such

petition may be filed for the said office within fourteen days after the

vacancy occurs. A certificate of acceptance or declination in such an

event shall be filed within two days thereafter and a certificate to

fill a vacancy caused by declination shall be filed within two days

after such declination has been filed.

11. A certificate of acceptance or declination of an independent

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

shall be filed not later than the third day after the twenty-third

Tuesday preceding such election except that a candidate who files such a

certificate of acceptance for an office for which there have been filed

certificates or petitions designating more than one candidate for the

nomination of any party, may thereafter file a certificate of

declination not later than the third day after the primary election. A

certificate of acceptance or declination of an independent nomination

for an office to be filled at a special election shall be filed not

later than fourteen days following the issuance of a proclamation of

such election, provided however, such certificate shall be filed not

later than eleven 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.

12. A certificate to fill a vacancy caused by a declination of an

independent nomination for an office to be filled at the time of a

general election shall be filed not later than the sixth day after the

twenty-third Tuesday preceding such election. A certificate to fill a

vacancy caused by a declination of an independent nomination for an

office to be filled at a special election shall be filed not later than

sixteen days following the issuance of a proclamation of such election,

provided however, such certificate shall be filed not later than

thirteen 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.

13. If a vacancy occurs too late to comply with the provisions of this

section, the certificates of nomination, certificates of acceptance or

declination, certificates to fill a vacancy in such nomination and

certificates of authorization of a nomination shall be filed as soon as

practicable.

14. A vacancy occurring three months before the general election in

any year in any office authorized to be filled at a general election,

except in the offices of governor, lieutenant-governor, or United States

senator shall be filled at the general election held next thereafter,

unless otherwise provided by the constitution, or unless previously

filled at a special election.