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Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to elections
- Print number 4284a
- Amend and recommit to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a court may require that a new election be held when there is clear and convincing evidence that the wrong candidate was determined to be the winner
In Assembly Committee · Election Law · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to court proceedings involving disputed election results
Purpose
This bill amends the election law and provides that a court may order a new election when there is clear and convincing evidence that the wrong candidate was or would be determined to be the winner.
Summary of provisions
Section one amends the election law by adding a new section 16-103 that provides that an aggrieved candidate may contest a special or general election by bringing a proceeding in supreme court. Such proceeding must be commenced within twenty days after the election to which it relates. The court shall order a new election be held only if there is clear and convincing evidence to demonstrate that fraud, irregularity, or voting machine failure deprived the aggrieved candidate of a winning margin of votes. The new election shall be held on the fifth Tuesday after the court's order is issued, unless that day is a holiday, in which case the election shall be held on the next succeeding Tuesday that is not a holiday. All candidates for the contested office who were on the ballot at the original election shall be on the ballot at the new election, except, in a race for an office requiring multiple winners, the name of a candidate who won by clear and convincing evidence shall not be on the ballot in the new election The court may order an injunction to prevent a candidate from assuming office until after a new election has been held.
Section two provides the effective date.
Justification
Under current law, courts are only allowed to call new elections in primary races. This bill amends the election law to allow for the court to order a new election in general elections as well. If enacted, a court shall order a new election when there is clear and convincing evidence that fraud, irregularity, or voting machine failure deprived the aggrieved candidate of a winning margin of votes,
Elections should be fair, The elected candidate should be the person the electorate has chosen. This legislation provides a mechanism to ensure fairness and transparency in elections throughout New York State by giving aggrieved candidates a meaningful remedy in order to ensure that the rightful winner assumes office.
Legislative history
2013-14: A.418 Referred to Election Law 2011-12: A.228 Referred to Election Law 2010: A.9481 Referred to Election Law
Fiscal implications
None.
Effective date
This act shall take effect immediately and shall apply to any election held on or after such effective date
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.