NY Laws

Table Version

Name	Description
NY Laws	Consolidated Laws
CPLR	Chapter 8 Civil Practice Law & Rules
Article 2	Article 2 – Limitations of Time
	Section 217 Proceeding against body or officer; actions complaining about conduct that would constitute a union’s breach of its duty of fair represen… “2(a) Any action or proceeding against an employee organization subject to article fourteen of the civil service law … which complains that such employee organization has breached its duty … shall be commenced within four months of the date the employee knew …”
Article 78	Article 78 – Proceeding Against Body or Officer
	Section 7803 Questions raised. The only questions that may be raised in a proceeding under this article are: “1. whether the body or officer failed to perform a duty enjoined upon it by law; or … 3. whether a determination was made in violation of lawful procedure …”
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 2	Article 2 – Party Organization Section 2-112 Committees, Organization “1d. Within three days after their organization meeting all state and county committees shall file in the office of the state board of elections a certificate stating the names and post office addresses of such officers. County committees and any other committee contained therein shall file a copy of such statement with their county board of elections.” Section 2-114 Committees, rules of “1a. …Within ten days after the adoption of any rule or amendment thereto a certified copy thereof shall be filed by the state committee in the office of the state board of elections, and by the county committee in the office of the state board of elections, and in the office of the board of elections of the county.”
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.” “10. The provisions of this section shall be liberally construed, not inconsistent with substantial compliance thereto and the prevention of fraud.”
	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.”
PBO	Public Officer
Article 6	Article 6 – Freedom of Information Law
	Section 89 – General provisions relating to access to records; certain cases 1. 5 days – Acknowledgement 2. 20 days – Time Limit 3. Computer generate data 4. 30 days – Appeal 5. 10 day – Appeal reply
1	(3)(a) “… within five business days of the receipt of a written request for a record reasonably described, shall … furnish a written acknowledgement … and a statement of the approximate date, which shall be reasonable under the circumstances …”
2	“… if circumstances prevent disclosure … within twenty business days .., the agency shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. … “
3	“… When an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, it shall be required to do so. …”
4	(4)(a) “… any person denied access to a record may within thirty days appeal in writing …” (Note: If original FOIL request is not acknowledged, requestor can appeal after 5 days.)
5	“… governing body … shall within ten business days of the receipt of such appeal fully explain in writing … the reasons for further denial …”
Article 7	Article 7 – Open Meetings Law
	Section 103 – Open meetings and executive sessions (e) Agency records … scheduled to be the subject of discussion by a public body during an open meeting … shall be posted on the website to the extent practicable at least twenty-four hours prior to the meeting.
	Section 104 – Public notice “1. Public notice of the time and place of a meeting scheduled at least one week prior thereto shall be given or electronically transmitted to the news media and shall be conspicuously posted in one or more designated public locations at least seventy-two hours before such meeting.” “2. Public notice of the time and place of every other meeting shall be given or electronically transmitted, to the extent practicable, to the news media and shall be conspicuously posted in one or more designated public locations at a reasonable time prior thereto.”
	Section 106 – Minutes “3.  …minutes shall be posted on the website within two weeks of the date of such meeting …”
	Section 107 – Enforcement “3. The statute of limitations … shall commence to run from the date the minutes of such executive session have been made available to the public.”
NYCRR	NYS Codes, Rules & Regulations
Title 9 Subtitle V	Title 9 Executive Department (Subtitle A – T) & 9 CRR-NY T V A 5831 Notes (Subtitle U – MM)
	Subtitle V. State Board of Elections (Part 6200 – 6221)
	Part 6215 – Preparation, Delivery And Filing Of Designation And Nominating Petitions 6215.1 Rules for filing designating and nominating petitions 6215.5 Filing of petitions. 6215.6 Construction of rules; substantial compliance. “(a) Except as specifically set forth herein, these rules shall be liberally construed and technical defects shall be disregarded where there has been substantial compliance and where a strict construction is not required for the prevention of fraud.” 6215.7 Determinations; cures pursuant to section 6-134(2) of the Election Law “(a) Within two business days of the receipt of the petition, the board … shall review the petition to determine whether the petition complies …” “(b) In the event that … the board determines that a petition does not comply …, the board shall forthwith notify the candidate … of its determination and the reasons therefor” “(c) Notification of a determination of noncompliance shall be given by written notice … with an overnight delivery service … on the next business day, or by personal delivery by the day after …” “(d) A candidate may, within three business days of the date of a determination that the petition does not comply with these regulations, cure the violation … Such cure or correction must be received by the Board of Elections no later than the third business day following such determination.”
Title 22 Subtitle A	Title 22 Judiciary
	Subtitle A. Judicial Administration
	Chapter II Uniform Rules for the NYS Trial Courts
	Part 202 Uniform Civil Rules for the Supreme Court and the County Court
	202.64 Election Law proceedings.
Suffolk County Code	Part I Administrative Local Laws NOTE: In NY, this does not apply (?) to the County Board of Elections, which is overseen by the NYS BOE.
	Chapter 172 Open Meetings 172-3. Conduct of meetings and executive sessions “A. Advisory bodies shall hold all meetings in a manner which is open and readily available to the public. Advisory bodies shall comply with the following public notice requirements for meetings. Notices must be published by the advisory body at least 72 hours prior to a meeting …”
	Part III Resolutions
	Chapter 1177 Websites Article I Open Information Policy Section 1171-1. Votes and minutes to be posted. “The Clerk of the County Legislature is hereby authorized, empowered, and directed, pursuant to § A2-11 of the Suffolk County Administrative Code, to post … the minutes of all other Suffolk County board and/or commission meetings … , on the County’s website for access by the public.”
Suffolk County BOE	Petition Filing Guidelines (ELN 6-154.1 & .5) Note: Website does NOT reference ELN 6-132
NYS BOE	Election Laws
	2025 NYS BOE Internal Documents for Counties
	2023 Guide to Operating a County Board of Elections (Draft) p73/82 Designation and Nomination of Candidates p74/83 Petitions p81/90 Document Examination/Review p84/93 Notice of Defect and Cures for Petitions p84/93 Judicial Proceedings on Petitions p149/158 Public Notices of the Board p158/167 Open Meetings p170/179 Judicial Proceedings p171/180 Enforcement p171/180 Handling Violations of the Elective Franchise (Election Law Article 17)
	Division of Election Law Enforcement (NY.GOV) File a Complaint
	Laws and Opinions
Suffolk County GOP	Bylaws – Table of Contents Bylaws
NYSCEF	NYS Courts Electronic Filing System
Other	Mensrea is a Latin term for “guilty mind” and refers to the criminal intent of a person who commits a crime. It is referenced to separate wrongful from innocent conduct. Courts will often require that the government prove that a defendant knowingly committed a crime.

Under Construction.
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