What's happening
This bill allows aggrieved candidates to contest general or special election results in court if fraud or irregularities affected the outcome, and provides for a new election if proven.
Why it matters
Empowers candidates to challenge election outcomes in court. if they have evidence of fraud, irregularities, or legal violations that could have changed the result, potentially increasing accountability and oversight in the election process.
Sets a clear legal standard and timeline. aggrieved candidates have 20 days to file, and the court must find "clear and convincing" evidence that the alleged issues deprived them of a winning margin, raising the threshold for overturning results and aiming to deter frivolous claims.
Mandates a prompt new election. if the court finds the result was affected, ensuring that voters get a timely and fair opportunity to select their representatives while minimizing prolonged uncertainty in office-holding.
Clarifies the status of candidates and officeholders during disputes,. allowing courts to issue injunctions to prevent contested winners from assuming office and specifying how multi-seat contests are handled, which could affect governance continuity and the rights of both voters and candidates.
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Who cares
Headline styles
Allow Courts To Order New Elections
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
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
273
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PAULIN, CAHILL, GALEF, 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03709-01-9
A. 273 2
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 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.