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S3388Senate2017-2018 SessionSame asA440

Allow Courts to Order Reelections

Official title

“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”

Sponsor Patrick M. GallivanSD-59Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Elections
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Elections

What's happening

This bill allows courts to order new elections if clear and convincing evidence shows fraud or irregularities affected the election outcome.

Why it matters

  1. Establishes a clear legal path for aggrieved candidates. to challenge election outcomes in court when there is strong evidence of fraud or irregularities, potentially increasing candidates' confidence in the legal recourse system.

  2. Sets a strict timeline (20 days post-election) for filing challenges. , ensuring rapid resolution of disputes and minimizing prolonged uncertainty for voters and officials.

  3. Requires a high standard of proof ("clear and convincing evidence"). before a new election can be ordered, which aims to prevent frivolous claims while still protecting election integrity if serious issues are found.

  4. Specifies procedures for new elections, including who appears on the ballot and how positions are filled. , which could affect the strategies of candidates and parties in contested races and influence voter engagement in rerun elections.

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Who cares

Headline styles

Allow Courts to Order Reelections

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Referred to elections
  2. Reported and committed to finance
  3. 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.

A440Assembly

Order New Election After Fraud

In Assembly Committee · Election Law · Sponsor Amy Paulin

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3388

2017-2018 Regular Sessions

IN SENATE

January 23, 2017

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

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 multiple votes for two or more candidates for the same office, any

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00232-01-7

S. 3388 2

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.

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 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

2015-16: S.4284-A/A.1406-A Referred to Elections/Referred to Election Law 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.