Bill Text: NY A05042 | 2021-2022 | General Assembly | Introduced
Bill 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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-01-05 - referred to election law [A05042 Detail]
Download: New_York-2021-A05042-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5042 2021-2022 Regular Sessions IN ASSEMBLY February 10, 2021 ___________ Introduced by M. of A. PAULIN, CAHILL, GALEF -- Multi-Sponsored by -- M. of A. 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 Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 16-103 2 to read as follows: 3 § 16-103. Proceedings involving general or special election results. 4 1. Upon evidence of fraud, irregularities or violations of article 5 seventeen of this chapter affecting the outcome of a general or special 6 election an aggrieved candidate may contest any such special or general 7 election in a proceeding brought in the supreme court. 8 2. A proceeding pursuant to this section shall be instituted within 9 twenty days after the election to which it relates. The court may deter- 10 mine issues of fact and/or law in a proceeding pursuant to this section. 11 3. In a proceeding pursuant to this section the court shall invalidate 12 the election results and order a new election if clear and convincing 13 evidence demonstrates that fraud, irregularity or violations of article 14 seventeen of this chapter deprived the aggrieved candidate of a winning 15 margin of votes. Such new election shall include all duly enrolled 16 voters residing in the political subdivision embracing the office 17 contested. Such election shall be held on the fifth Tuesday after the 18 court's order is issued; provided, however, if the fifth Tuesday is a 19 religious, federal or state holiday the new election shall be held on 20 the next succeeding Tuesday thereafter which is not a religious, federal 21 or state holiday. 22 4. All candidates on the ballot at the original election for the 23 contested office shall be on the ballot at the new election; provided, 24 however, if the office contested is one for which a voter may cast 25 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. LBD01801-01-1A. 5042 2 1 candidate for such office whose winning margin at the original election 2 is not by clear and convincing evidence shown to be invalid, shall have 3 been duly elected at the original election, and the number of positions 4 to be elected at the new election shall be reduced accordingly. 5 5. The court may issue an injunction to prevent a candidate from 6 wrongly assuming office until such time as the new election shall be 7 held. The provisions of section five of the public officers law shall 8 apply in the interim. 9 6. Nothing in this section shall be construed to limit any other 10 rights or remedies available in law or equity or pursuant to this chap- 11 ter. 12 § 2. This act shall take effect immediately and shall apply to any 13 election held on or after such effective date.
