What's happening
This bill allows aggrieved candidates to challenge general or special election results in court and order new elections if fraud or violations are proven.
Why it matters
Gives losing candidates a clear legal pathway. to contest election results in court specifically when there is credible evidence of fraud, irregularities, or legal violations that could have changed the outcome.
Sets a specific and short timeline (20 days). after the election for filing challenges, which means disputes will have to be raised and resolved quickly—affecting both the certainty and stability of election outcomes.
Requires a high standard of proof (“clear and convincing evidence”). before a court can overturn election results and order a new election, which helps balance the integrity of elections with protection from frivolous claims.
Automatically re-runs the election for all original candidates. if results are invalidated, with exceptions for multi-seat offices where only the contested positions are re-voted—potentially impacting campaign strategies and voter turnout in rerun elections.
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Who cares
Candidates contesting general or special election results
They would have 20 days after the election to bring a Supreme Court challenge alleging fraud, irregularities or election-law violations affecting the outcome.
Supreme Court judges
They would be required to invalidate results and order a new election when clear and convincing evidence shows the misconduct deprived the challenging candidate of a winning margin.
Election administrators
They would need to conduct a court-ordered new election on the fifth Tuesday after the order, with postponement to the next eligible Tuesday if that date is a holiday.
Candidates declared winners
They could face an injunction blocking them from assuming office, while winners in multi-seat contests whose margins are not shown invalid would retain their victories.
Headline styles
Allow Courts To Order Re-Votes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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
554
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. PAULIN -- 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.
LBD02035-01-5
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.