What's happening
This bill allows aggrieved candidates to challenge general or special election results in court for fraud or irregularities and, if proven, mandates a new election.
Why it matters
Empowers candidates to formally challenge election results. By specifying that aggrieved candidates can bring court proceedings within 20 days of a general or special election, the bill establishes a clear, timely path for legal redress where fraud or irregularities are suspected.
Sets a high evidentiary threshold to overturn results. The requirement for "clear and convincing evidence" ensures that only substantial and well-documented claims of fraud or irregularity can result in the court invalidating election results and ordering a new election, helping to deter frivolous challenges.
Mandates prompt and inclusive new elections. The bill sets a precise timeline (the fifth Tuesday after the court order) for holding a new election and requires that all original candidates appear on the ballot, preserving voter choice and ensuring a swift resolution that minimizes disruption and uncertainty.
Protects the integrity of office-holding during disputes. It allows courts to issue injunctions to prevent candidates from assuming office while a new election is pending, and clarifies the legal status of contested offices in the interim, aiming to maintain public trust in the electoral process.
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Who cares
Candidates contesting election results
Aggrieved candidates would have 20 days after a general or special election to bring a Supreme Court challenge alleging fraud, irregularities or election-law violations affecting the outcome.
Supreme Court judges
Courts would be required to invalidate results and order a new election when clear and convincing evidence shows that misconduct deprived the challenging candidate of a winning margin.
Candidates declared winners
A court could block a candidate from taking office pending a new election, while preserving valid wins in contests for multiple seats.
Voters in contested districts
A court-ordered rerun would include all duly enrolled voters residing in the relevant political subdivision and generally take place on the fifth Tuesday after the order, with adjustments for holidays.
Headline styles
Order New Election After Fraud
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
2 Multi-sponsors
History
- Referred to election law
- Referred to election law
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.
Allow Courts to Order Reelections
In Senate Committee · Elections · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
440
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PAULIN, CAHILL, GALEF, KAVANAGH, JAFFEE -- Multi-Sponsored by -- M. of A. BUCHWALD, PERRY -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to court proceedings involving disputed election results
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The election law is amended by adding a new section 16-103 to read as follows:
§ 16-103. Proceedings involving general or special election results. 1. Upon evidence of fraud, irregularities or violations of article seventeen of this chapter affecting the outcome of a general or special election an aggrieved candidate may contest any such special or general election in a proceeding brought in the supreme court.
2. A proceeding pursuant to this section shall be instituted within twenty days after the election to which it relates. The court may determine issues of fact and/or law in a proceeding pursuant to this section.
3. In a proceeding pursuant to this section the court shall invalidate the election results and order a new election if clear and convincing evidence demonstrates that fraud, irregularity or violations of article seventeen of this chapter deprived the aggrieved candidate of a winning margin of votes. Such new election shall include all duly enrolled voters residing in the political subdivision embracing the office contested. Such election shall be held on the fifth Tuesday after the court's order is issued; provided, however, if the fifth Tuesday is a religious, federal or state holiday the new election shall be held on the next succeeding Tuesday thereafter which is not a religious, federal or state holiday.
4. All candidates on the ballot at the original election for the contested office shall be on the ballot at the new election; provided, however, if the office contested is one for which a voter may cast
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00232-01-7
A. 440 2
multiple votes for two or more candidates for the same office, any candidate for such office whose winning margin at the original election is not by clear and convincing evidence shown to be invalid, shall have been duly elected at the original election, and the number of positions to be elected at the new election shall be reduced accordingly.
5. The court may issue an injunction to prevent a candidate from wrongly assuming office until such time as the new election shall be held. The provisions of section five of the public officers law shall apply in the interim.
6. Nothing in this section shall be construed to limit any other rights or remedies available in law or equity or pursuant to this chapter.
§ 2. This act shall take effect immediately and shall apply to any election held on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.