NY ELN Election Law

Table Version

Name	Description
ELN	Election
Article 1	Article 1 – General Provisions Section 1-102 Applicability of chapter “This chapter shall govern the conduct of all elections … Where a specific provision of law exists in any other law which is inconsistent with the provisions of this chapter, such provision shall apply unless a provision of this chapter specifies that such provision of this chapter shall apply notwithstanding any other provision of law.”
Article 3	Article 3 – Election Officials TITLE 1 – Statewide Provisions
	Section 3-104 State board of elections; enforcement powers
	Section 3-105 Administrative complaint procedure
Article 6	Article 6 – Designation and Nomination of Candidates
	Section 6-120 Designation and nomination; restrictions “3. … The certificate of authorization shall be filed not later than four days after the last day to file the designating petition …” is this for candidate not registered voter in party?
	Section 6-132 Designating petition; form For each Petition Sheet: 1. Signed in ink; Political Party, Primary Date Candidate Name, Party Position, Address Committee to Fill Vacancies (3 Names/Addresses) 2. Witness Name, Political Party, Address Number of Signatures, Date, Witness Signature Town, County
	Section 6-134 Designating petition; rules “2. …regulations shall be no more restrictive than is reasonably necessary … When a determination is made that a designating petition does not comply with such regulations, the candidate shall have three business days from the date of such determination to cure the violation.”
	Section 6-154 Nominations and designations; objections to “1. Any petition or certificate … shall be presumptively valid if it is in proper form and appears to bear the requisite number of signatures, authenticated in a manner prescribed by this chapter.” “4b. … the opportunity to be heard as to the validity or invalidity of such specifications shall be provided in a hearing which precedes any meeting of the state board’s commissioners at which determinations will be rendered.” “5. When any determination is made that a … petition is sufficient or insufficient, such officer or board shall give notice of the determination forthwith by mail to each candidate named in the petition … and, if the determination is made upon specified objections, the objector shall be notified …“ “6. Nothing in this section shall be construed to require an objection or hearing if the board of elections by majority vote determines that a filing does not meet the criteria of subdivision one of this section to be presumptively valid.”
	Section 6-158 Nominating and designating petitions and certificates, conventions; times for filing and holding. “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.” (April 7 – see 2025 Political Calendar – Designating Petitions for Primary)
Article 16	Article 16 – Judicial Proceedings
	Section 16-100 Jurisdiction
	Section 16-102 Proceedings as to designations and nominations, primary elections, etc “2. A proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition, … or within three business days after … a determination of invalidity …, whichever is later …”
Article 17	Article 17 – Protecting the Elective Franchise TITLE 1 Violations of the Elective Franchise
	Section 17-100 Definitions
	Section 17-102 Misdemeanors at, or in connection with, primary elections, caucuses, enrollment in political parties, committees, and conventions “… Any person who … 12. Being an officer … or employee of the board of elections …, wilfully omits, refuses or neglects to do any act required by this chapter or otherwise by law, or violates any of the provisions of the election law, is guilty of a misdemeanor.”
	Section 17-106 Misconduct of election officers “Any election officer who wilfully … neglects or refuses to perform any duty imposed on him by law, or is guilty of any fraud in the execution of the duties of his office, or connives in any electoral fraud, or knowingly permits any such fraud to be practiced, is guilty of a felony.”
	Section 17-128 Violations of election law by public officer or employee “A public officer or employee who knowingly and wilfully omits, refuses or neglects to perform any act required of him by this chapter or who knowingly and wilfully refuses to permit the doing of any act authorized by this chapter or who knowingly and wilfully hinders or delays or attempts to hinder or delay the performance of such an act is, if not otherwise provided by law, guilty of a felony.”
	Section 17-152 Conspiracy to promote or prevent election “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.”
	Section 17-166 Penalty
	Section 17-168 Crimes against the elective franchise not otherwise provided for “Any person who knowingly and wilfully violates any provision of this chapter, which violation is not specifically covered by any of the previous sections of this article, is guilty of a misdemeanor.”

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