New York Statutes § 6-158 Nominating and designating petitions and certificates, conventions; times for filing and holding
Statute Text
1.
A designating petition shall be filed not earlier than the
[tenth]
thirteenth
Monday before, and not later than the
[ninth]
twelfth
Thursday preceding the primary election.
2.
A certificate of acceptance or declination of a designation shall be filed not later than the fourth day after the last day to file such designation.
3.
A certificate to fill a vacancy in a designation caused by declination shall be filed not later than the fourth day after the last day to decline. A certificate to fill a vacancy in a designation caused by death or disqualification shall be filed not later than ten days after such death or disqualification or four days before the primary election, whichever is earlier.
4.
A petition of enrolled members of a party requesting an opportunity to write in the name of an undesignated candidate for a public office or party position at a primary election shall be filed not later than the
[eighth]
eleventh
Thursday preceding the primary election. However, where a designating petition has been filed and the person named therein has declined such designation and another person has been designated to fill the vacancy, then in that event, a petition for an opportunity to ballot in a primary election shall be filed not later than the
[seventh]
tenth
Thursday preceding such primary election.
5.
A judicial district convention shall be held not earlier than the
[Tuesday]
Thursday
following the
[third Monday in September]
first Monday in August
preceding the general election and not later than
[the fourth Monday in September preceding such election]
six days thereafter
.
6.
(a)
A certificate of a party nomination made other than at the primary election for an office to be filled at the time of a general election shall be filed not later than
[seven]
thirty
days after the
[fall]
primary election,
(b)
except that a certificate of nomination for an office which becomes vacant after the seventh day preceding such primary election shall be filed not later than
[fourteen]
thirty days after the primary election or ten
days after the creation of such vacancy
, whichever is later,
and
(c)
except, further, that a certificate of party nomination of candidates for elector of president and vice-president of the United States shall be filed not later than
[fourteen]
seventy-four
days after the
[fall]
primary election, and
(d)
except still further that a certificate of party nomination made at a judicial district convention shall be filed not later than the day after the last day to hold such convention and the minutes of such convention, duly certified by the chairman and secretary, shall be filed within seventytwo hours after adjournment of the convention. A certificate of party nomination for an office to be filled at a special election shall be filed not later than ten days following the issuance of a proclamation of such election.
7.
A certificate of acceptance or declination of a party nomination made other than at a primary election for an office to be filled at the time of a general election shall be filed not later than the third day after the last day to file the certificate of such party nomination. A certificate of acceptance or declination of a party nomination for an office to be filled at a special election shall be filed not later than twelve days following the issuance of a proclamation of such election
, provided however, such certificate shall be filed not later than nine days following the issuance of a proclamation of a special election held pursuant to paragraph b of subdivision three of section
forty-two
of the public officers law
.
8.
A certificate to fill a vacancy caused by a declination of a party nomination for an office to be filled at the time of a general election shall be filed not later than four days after the last day to file such declination, except that if such nomination was made at the primary election, such certificate shall be filed not later than ten days after the last day to file such declination. A certificate to fill a vacancy caused by a declination of a party nomination for an office to be filled at a special election shall be filed not later than fourteen days following the issuance of a proclamation of such election
, provided however, such certificate shall be filed not later than eleven days following the issuance of a proclamation of a special election held pursuant to paragraph b of subdivision three of section
forty-two
of the public officers law
. A certificate to fill a vacancy in a nomination caused by death or disqualification shall be filed not later than ten days after such death or disqualification or four days before the election, whichever is earlier.
9.
A petition for an independent nomination for an office to be filled at the time of a general election shall be filed not earlier than twenty-four weeks and not later than twenty-three weeks preceding such election. A petition for an independent nomination for an office to be filled at a special election shall be filed not later than twelve days following the issuance of a proclamation of such election
, provided however, such certificate shall be filed not later than nine days following the issuance of a proclamation of a special election held pursuant to paragraph b of subdivision three of section
forty-two
of the public officers law
.
10.
Notwithstanding any other provisions of law, where a vacancy occurs less than fourteen days before the last day for the filing of an independent petition for an office to be filled at the time of a general election, or after the last day to file an independent petition, such petition may be filed for the said office within fourteen days after the vacancy occurs. A certificate of acceptance or declination in such an event shall be filed within two days thereafter and a certificate to fill a vacancy caused by declination shall be filed within two days after such declination has been filed.
11.
A certificate of acceptance or declination of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the third day after the twenty-third Tuesday preceding such election except that a candidate who files such a certificate of acceptance for an office for which there have been filed certificates or petitions designating more than one candidate for the nomination of any party, may thereafter file a certificate of declination not later than the third day after the primary election. A certificate of acceptance or declination of an independent nomination for an office to be filled at a special election shall be filed not later than fourteen days following the issuance of a proclamation of such election
, provided however, such certificate shall be filed not later than eleven days following the issuance of a proclamation of a special election held pursuant to paragraph b of subdivision three of section
forty-two
of the public officers law
.
12.
A certificate to fill a vacancy caused by a declination of an independent nomination for an office to be filled at the time of a general election shall be filed not later than the sixth day after the twenty-third Tuesday preceding such election. A certificate to fill a vacancy caused by a declination of an independent nomination for an office to be filled at a special election shall be filed not later than sixteen days following the issuance of a proclamation of such election
, provided however, such certificate shall be filed not later than thirteen days following the issuance of a proclamation of a special election held pursuant to paragraph b of subdivision three of section
forty-two
of the public officers law
.
13.
If a vacancy occurs too late to comply with the provisions of this section, the certificates of nomination, certificates of acceptance or declination, certificates to fill a vacancy in such nomination and certificates of authorization of a nomination shall be filed as soon as practicable.
14.
A vacancy occurring
three months
before
[September twentieth of]
the general election in
any year in any office authorized to be filled at a general election, except in the offices of governor, lieutenantgovernor, or United States senator shall be filled at the general election held next thereafter, unless otherwise provided by the constitution, or unless previously filled at a special election.
History
Amended by New York Laws 2023 , ch. 474 , Sec. 5 , eff. 9/20/2023 , op. 7/1/2023 , exp. 12/31/2024 .
Amended by New York Laws 2023 , ch. 474 , Sec. 6 , eff. 9/20/2023 , op. 7/1/2023 , exp. 12/31/2024 .
Amended by New York Laws 2023 , ch. 120 , Sec. 1 , eff. 3/31/2023 , exp. 12/31/2023 .
Amended by New York Laws 2022 , ch. 164 , Secs. 6 , 7 , 8 eff. 3/18/2022 .
Amended by New York Laws 2019 , ch. 290 , Sec. 6 , eff. 12/15/2019 , exp. 12/31/2020 .
Amended by New York Laws 2019 , ch. 290 , Sec. 5 , eff. 9/13/2019 , op. 7/1/2019 , exp. 12/31/2020 .
Amended by New York Laws 2019 , ch. 5 , Sec. 13 , eff. 1/24/2019 .
Amended by New York Laws 2015 , ch. 87 , Sec. 6 , eff. 12/15/2015 .
Amended by New York Laws 2015 , ch. 87 , Sec. 5 , eff. 7/1/2015 .
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