What's happening
This bill allows election petition challenges to be filed within three business days after proper service of pleadings in addition to current deadlines.
Why it matters
Expands the timeframe for challenging election petitions,. making it possible to file a challenge within three business days after legal documents are properly served, not just based on traditional filing or invalidity determination dates. This could help ensure that all parties have a fair opportunity to contest petitions if they are served late in the process.
Could increase legal clarity and fairness. by addressing situations where parties might otherwise miss their chance to challenge a petition due to delays in service, potentially reducing grounds for disputes about missed deadlines or procedural technicalities.
Might lead to more thorough judicial review of election petitions,. since parties would have more flexibility to initiate proceedings after receiving notice, possibly resulting in more accurate and legitimate candidate lists for voters.
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Who cares
Headline styles
Extend Petition Challenge Deadline
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 44
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.
Extend Petition Challenge Deadlines
In Senate Committee · Elections · Sponsor Zellnor Myrie
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3328
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. CARROLL, GOTTFRIED, SEAWRIGHT, MOSLEY, BLAKE -read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to proceedings with respect to designating and nominating petitions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 16-102 of the election law, as amended by chapter 79 of the laws of 1992, is amended to read as follows:
2. A proceeding with respect to a petition shall be instituted (a) within fourteen days after the last day to file the petition, [or] (b) within three business days after the officer or board with whom or which such petition was filed, makes a determination of invalidity with respect to such petition, or (c) within three business days after the proper service of pleadings for a timely invalidation proceeding, whichever is later; except that a proceeding with respect to a petition for a village election or an independent nomination for a special election shall be instituted within seven days after the last day to file the petition for such village election or independent nomination or within three business days after the officer or board with whom or which such petition was filed, makes a determination of invalidity with respect to such petition, whichever is later. A proceeding with respect to a primary, convention, meeting of a party committee, or caucus shall be instituted within ten days after the holding of such primary or convention or the filing of the certificate of nominations made at such caucus or meeting of a party committee.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01648-01-9
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.