What's happening
This bill amends election law to clarify and expand the timeframes for initiating legal proceedings related to designating and nominating petitions.
Why it matters
Expands the timeframe for challenging petitions. The bill introduces new, clearly defined windows for initiating legal proceedings regarding designating and nominating petitions, which could help prevent challenges from being dismissed due to ambiguous or overly restrictive deadlines.
Adds a new trigger for filing proceedings. Legal action can now also be initiated within three business days after the proper service of pleadings for a timely proceeding to invalidate a petition, potentially allowing more flexibility for candidates and parties to respond to legal developments.
Clarifies deadlines for special and village elections. By specifying distinct timelines for village and special elections, the bill aims to reduce confusion and ensure that candidates, parties, and voters are aware of their rights and obligations within these unique electoral contexts.
May reduce procedural dismissals and litigation ambiguity. By laying out more specific deadlines and options, the bill could lower the risk of important election-related cases being thrown out on technicalities, supporting a more robust and transparent petition review process.
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Who cares
Headline styles
Update Petition Challenge Deadlines
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to election law
- Referred to election law
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
158
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. R. CARROLL, SEAWRIGHT, EPSTEIN, SHIMSKY, GLICK, JACOBSON -- 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 474 of the laws of 2023, 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[,]; (b) within four days after the last day that a certificate to fill a vacancy in a designation shall be filed[, or]; (c) 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 certificate to fill a vacancy; or (d) within three business days after the proper service of pleadings for a timely proceeding to invalidate a petition, whichever is later; except that a proceeding with respect to a petition for a village election or a nomination for a special election shall be instituted within seven days after the last day to file the certificate or petition for such village election or nomination or within three business days after the officer or board with whom or which such certificate or petition was filed, makes a determination of invalidity with respect to such certificate or 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.
LBD00289-01-5
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.