NY Elec L § 2-122-A (2021)
2021 New York Laws ELN - Election Article 2 - Party Organization 2-122-A - National Convention; National Party Conference.

* §  2-122-a.  National  convention; national party conference. 1. The   rules of the state committee of a party may provide that  the  delegates   and  alternate  delegates  to  a  national  convention or national party   conference be elected by a combination of all of the following methods:a. By votes cast at a primary election for candidates for  the  office   of  president  of the United States in which the names of candidates for   such office appear on the ballot;b. By votes  cast  at  a  primary  election  for  candidates  for  the   positions of delegate and alternate delegate to a national convention in   districts no larger than congressional districts; andc.  By  the state committee or a committee of the state committee at a   meeting or convention called for such purpose as the rules of the  party   may provide.2.  If  the  rules  of  a  state  committee  adopted  pursuant  to the   provisions of this section provide for a primary election in  which  the   office  of  president  of  the  United  States  appears  on  the ballot,   designation of candidates for such office shall be made pursuant to  the   provisions  of sections 6-100, 6-118, 6-122 (except that such candidates   need not be citizens of  New  York  but  only  citizens  of  the  United   States),  6-130,  6-132  (except  that references to a committee to fill   vacancies shall be deemed references to a committee to receive notices),   6-134,  6-144,  the  provisions  with   respect   to   declinations   in   subdivisions  one  and two of section 6-146 (except that references to a   committee to fill vacancies shall be deemed references to a committee to   receive notices), 6-154, and subdivision  one  and  the  provision  with   respect to declinations in subdivision two of section 6-158 (except that   such  candidates  may  decline such designations not later than February   tenth, two  thousand  twenty)  of  this  chapter.  The  state  board  of   elections  shall  forthwith  notify  the  appropriate  county  boards of   elections of any such declination filed.3. Designating petitions, where required for candidates for the office   of president of the United States to be voted on by voters of the entire   state in a primary election, must  be  signed  by  not  less  than  five   thousand of the then enrolled voters of the party in the state.4. If the rules of a state committee provide for a primary election in   which  the  office  of the president of the United States appears on the   ballot, in addition to the spaces on the ballot with the  names  of  the   candidates designated for such office there may be a space with the word   "uncommitted".  The  "uncommitted"  space  shall be listed on the ballot   provided that a designating petition for such "uncommitted" space  which   meets  the  same  requirements as a petition designating a candidate for   the office of president of the United States is filed in the same manner   as is required for such a petition.5. a. The form of a petition requesting that an "uncommitted" space be   listed on the ballot at a primary election for the office  of  president   of  the  United  States  held pursuant to the provisions of this section   shall be substantially as follows:I, the undersigned, do hereby state that I am a duly enrolled voter of   the .................... Party and entitled to vote at the next  primary   election   of   such   party   to   be   held   on   the ...... day   of   ............... 20..., that  my  place  of  residence  is  truly  stated   opposite   my  signature  hereto,  and  I  do  hereby  request  that  an   "uncommitted" space be listed on the ballot at the primary  election  of   such party for the office of president of the United States.b.  The  appointment of a committee to receive notices shall be in the   form prescribed for  a  petition  for  an  opportunity  to  ballot.  The   signatures  on  the  petition  with all the required information and the   signed statement of a witness or authentication by a  person  authorized    to take oaths shall be in the form prescribed for a designating petition   for such office.6.  a.  If  the  rules  of  a state committee, adopted pursuant to the   provisions of this section, provide that the positions of  delegate  and   alternate  delegate  to  a  national  convention  appear  on the ballot,   designation of candidates for such positions shall be made  pursuant  to   the  provisions  of  sections  6-100, 6-118, 6-122, 6-130, 6-132 (except   that references to  a  committee  to  fill  vacancies  shall  be  deemed   references  to  a  committee  to  receive  notices),  6-134,  6-144, the   provisions with respect to declinations in subdivisions one and  two  of   section  6-146  (except that references to a committee to fill vacancies   shall be deemed references to a committee to  receive  notices),  6-147,   6-154,   and   subdivision   one  and  the  provision  with  respect  to   declinations in subdivision two and subdivision three of  section  6-158   of this chapter.b.  Candidates  for  the  positions of district delegate and alternate   district delegate  to  a  national  party  convention  pursuant  to  the   provisions  of  this section shall be enrolled members of such party and   residents of the district in which they are  candidates.  The  board  of   elections  with  which  a  petition is filed shall conduct a prima facie   review of the enrollment status of candidates for district delegate  and   alternate   district  delegate  to  determine  ballot  eligibility.  The   congressional districts used for the  election  of  such  delegates  and   alternate  delegates  shall  be  those  districts  in effect for the two   thousand eighteen congressional elections.c. Designating petitions for candidates for  such  positions  must  be   signed by at least five hundred enrolled voters of the party residing in   the  district  in  which  such candidates are designated, or by at least   one-half of one percent (0.5%) of the then enrolled voters of such party   in such district, whichever is less. Such petition signature requirement   shall be computed  using  the  official  February  first,  two  thousand   nineteen enrollments published by the state board of elections.d. The designating petition for any such candidate or candidates shall   have  printed thereon prior to the affixing of any signatures thereto, a   legend naming  the  presidential  candidate  whom  such  candidates  are   pledged  to  support,  or a legend that such candidates are uncommitted.   Such legend shall be part of the title of such position.e. No designating petition containing  the  names  of  more  than  one   candidate  for  either  such position shall be valid under this section,   for purposes of delegates  and  alternate  delegates,  unless  all  such   candidates  for  such positions have printed on such petition the legend   that they are pledged to the same presidential candidate or  unless  all   such  candidates  for  such  positions have printed on such petition the   legend that they are uncommitted.f. On the designating  petition  shall  appear,  in  parenthesis,  the   letter  (M)  if  the candidate identifies as male, the letter (F) if the   candidate identifies as female or the  letters  (NB)  if  the  candidate   identifies  as  non-binary. No designating petition containing the names   of  more  than  one  candidate  for  either  such  position   shall   be   presumptively valid unless among the candidates for delegate as a group,   and  among  the candidates for alternate as a group, the variance within   each group between those identifying as male and  those  identifying  as   female shall be no greater than one.g.  In  the  event that a designating petition is filed for candidates   for such positions listed as pledged to support a presidential candidate   or as uncommitted, and the name of such presidential candidate,  or  the   word  uncommitted,  will  not  appear  on the ballot at the presidential   primary election in two thousand twenty, then the  petition  designating    such  candidates for such positions shall be null and void and the names   of such candidates for such positions shall not appear on the ballot.h. Every board of elections with which designating petitions are filed   pursuant  to  the  provisions of this section shall, not later than four   days after the last day to file such  petitions,  file  with  the  state   board  of  elections  by  express  mail or by electronic transmission, a   complete list of all candidates  for  delegate  and  alternate  delegate   together with their residence addresses, the districts in which they are   candidates  and  the  name  of  the presidential candidate whom they are   pledged to  support  or  that  they  are  uncommitted.  Such  boards  of   elections  shall,  not  later  than  the  day  after  a  certificate  of   declination or substitution is filed with respect to any such candidate,   file such information with respect to  such  candidate  with  the  state   board of elections by electronic transmission.7.  a.  The  rules  of  a  state  committee  adopted  pursuant  to the   provisions of this  section  may  provide  that  no  candidate  for  the   positions of delegate and alternate delegate may appear on the ballot as   pledged   to   support   a  particular  presidential  candidate,  or  as   uncommitted, unless the name of such candidate for such position appears   on a  certificate  listing  the  names  of  those  candidates  for  such   positions who have filed statements of candidacy for such positions with   the  secretary of the state committee within the time prescribed by such   rules and who, if their statements of candidacy contained  a  pledge  of   support   of  a  presidential  candidate,  were  not  rejected  by  such   presidential candidate. Such certificate shall also list the address and   gender of each such candidate for delegate and  alternate  delegate  and   the district in which such candidate may appear on the ballot.b.  Such  certificate  shall  be  filed by the secretary of such state   committee, with the  board  of  elections  with  which  the  designating   petitions  for  such  candidates  for  such positions are required to be   filed, not later than February eighteenth, two thousand twenty.c. In the event that a designating petition for  candidates  for  such   positions,  listed  as  pledged  to  support  a  presidential candidate,   contains the names of one or more persons who have not been permitted by   such presidential candidate to  appear  on  the  ballot  as  so  pledged   pursuant  to  the  provisions  of  this  section, then the names of such   candidates shall not appear  on  the  ballot  but  the  names  of  other   candidates  on such petition who have been permitted by the presidential   candidate to appear on the ballot shall be placed on the ballot provided   that such candidates are otherwise eligible and that  such  petition  is   otherwise valid.d.  The  state board of elections shall send a copy of the certificate   required by section 4-110 of this chapter to the secretary of the  state   committee  of each party conducting a primary pursuant to the provisions   of this section not later than March fourth, two thousand twenty.  Every   other  board  of elections with which designating petitions for delegate   and alternate delegate were filed pursuant to  the  provisions  of  this   section  shall,  not later than March fifth, two thousand twenty, send a   list of the names and addresses of those candidates who will  appear  on   the ballot to the secretary of each such state committee.8.  a.  If  the  rules  of  a  state committee adopted pursuant to the   provisions of this section provide for an election in  which  candidates   for  the  office  of  president  of  the  United  States  and  the  word   "uncommitted" and candidates for the positions of delegate and alternate   delegate to a national convention appear  on  the  ballot,  such  ballot   shall be arranged in the manner prescribed by this section.b.  The  name  of  each  candidate  for the office of president of the   United States who has qualified to appear on the  ballot  and  the  word    "uncommitted," if a valid designating petition to place such word on the   ballot  was  filed  with the state board of elections, shall appear in a   separate row or column. The names of all the candidates for delegate  to   a  national  convention  who  filed  designating  petitions containing a   legend naming the  presidential  candidate  whom  they  are  pledged  to   support or stating that they are uncommitted shall be listed in such row   or column immediately under or adjacent to the name of such presidential   candidate  or  the  word  "uncommitted,"  followed  by  the names of all   candidates for alternate delegate to  such  convention  who  filed  such   petitions.  If  the  number  of  candidates, or groups of candidates for   delegate and alternate delegate who are pledged to support a  particular   presidential candidate or who are uncommitted is greater than the number   who  may  be  listed  in one row or column and if there are more rows or   columns available on the ballot than are required for the candidates for   president who have qualified to appear on the ballot, then the board  of   elections shall use two rows or columns on such ballot to list the names   of such candidates for delegate and alternate delegate.c.  The  order  of the names of candidates for the office of president   and the word "uncommitted" on the ballot and the order of the  names  of   candidates  for the positions of delegate or alternate delegate within a   particular row or column shall be determined pursuant to the  provisions   of  subdivision three of section 7-116 of this chapter except that names   of candidates for  such  positions  who  are  designated  by  individual   petitions  and  not  in a group shall have their positions determined by   lot in the same drawing as groups and except further that candidates  or   groups of candidates for delegates and alternate delegates designated by   the same petition shall be treated as one group for the purposes of such   determination  by lot. The provisions of subdivision six of such section   7-116 of this chapter shall not apply to any election conducted pursuant   to the provisions of this section.d. Immediately following the name of each candidate for  delegate  and   alternate  delegate  on  the  ballot  shall  appear, in parenthesis, the   letter (M) if such candidate identifies as male, the letter (F) if  such   candidate  identifies  as  female, or the letters (NB) if such candidate   identifies as non-binary.9. All primary elections conducted pursuant to the provisions of  this   section shall use only voting systems authorized by title two of article   seven of this chapter.10.  Persons  entitled  to  vote  pursuant  to  section 11-200 of this   chapter shall be entitled to sign designating petitions  for,  and  vote   in, any election held pursuant to the provisions of this section.11.  If  the rules of a state committee provide for a primary election   in which the office of president of the United States and the  positions   of  delegate  and  alternate delegate to a national convention appear on   the ballot pursuant to the provisions of this section, the  state  board   of elections and the county boards of elections as the case may be shall   canvass  the  results  of  such  primary  election  for  such office and   positions pursuant to the provisions of sections 9-200 and 9-202 of this   chapter, and shall certify to the secretary of the  state  committee  of   such  party  the  votes  cast  for  each  candidate  for such office and   positions  in  such  primary  election  and  the  votes  cast  for   the   "uncommitted" preference, tallied separately by congressional districts,   except  that no candidate or "uncommitted" preference shall be certified   as nominated or elected to any such office or position.12.  Except  as  provided  in  this  section  and  party   rules   and   regulations,  all  provisions of the election law, except any provisions   of section 2-122 of  this  article  which  are  inconsistent  with  this   section  and  those  sections  and  subdivisions  of article six of this    chapter  not  specified  in  this  section,  shall  apply  to  elections   conducted pursuant to this section.13. Notwithstanding any inconsistent provision of law to the contrary,   prior  to  forty-five  days  before  the  actual  date of a presidential   primary election, if a candidate for office  of  the  president  of  the   United  States  who  is otherwise eligible to appear on the presidential   primary ballot to provide for the election of delegates  to  a  national   party  convention  or  a  national  party conference in any presidential   election year, publicly announces that they are no  longer  seeking  the   nomination  for  the office of president of the United States, or if the   candidate publicly announces that they  are  terminating  or  suspending   their campaign, or if the candidate sends a letter to the state board of   elections  indicating  they  no longer wish to appear on the ballot, the   state board of elections may determine by such date that  the  candidate   is no longer eligible and omit said candidate from the ballot; provided,   however,  that  for  any  candidate  of  a  major  political party, such   determination shall be solely made by the  commissioners  of  the  state   board of elections who have been appointed on the recommendation of such   political  party or the legislative leaders of such political party, and   no other commissioner of the state board of elections shall  participate   in such determination.14.  Notwithstanding any inconsistent provision of law, candidates for   delegates and/or alternate delegates who are pledged  to  candidates  of   the  office  of  president  of  the  United States who have been omitted   pursuant to subdivision thirteen of this section shall also  be  omitted   from  the  certificate  required by section 4-110 of this chapter and/or   shall be determined to not be a candidate pursuant to section  4-114  of   this chapter. Upon a timely determination of the state board pursuant to   subdivision  thirteen  of  this section any prior certification shall be   amended forthwith. There shall  be  no  substitution  of  any  candidate   omitted  pursuant  to  subdivision  thirteen  of  this  section  or this   subdivision.* NB Repealed December 31, 2020