NY Elec L § 15-108 (2021)
2021 New York Laws ELN - Election Article 15 - Village Elections 15-108 - Designation and Nomination of Candidates.

§  15-108. Designation and nomination of candidates. 1. Nominations of candidates for elective village offices shall be  made  as  provided  in this section.   2.  a.  Party  nominations  of  candidates  for village offices in any county shall be made at a party caucus or, if the rules  of  the  county committee,   heretofore   or   hereafter  adopted  consistent  with  the provisions of this chapter so provide, at a  primary  election.  If  the rules  of the county committee of any political party provide that party nominations for village offices of that party in any or all villages  in the  county  shall  be  made at a village primary election, such primary election shall be held forty-nine days prior to the date of the  village election.  In  the  event there is no village committee with a chairman, the chairman of the county committee or such other person or body as the rules of such committee may provide, shall designate an enrolled  member of  the  party  who  is  a qualified voter of the village as the village election chairman.  Such  village  chairman  shall  have  general  party responsibility  for  the  conduct  of  the  village  caucus  or  primary election. For the purposes of this section, a village shall be deemed to be located  within  a  county  for  the  purposes  of  county  political organization if more than fifty percent of the population of the village as  shown  by  the  last federal decennial, or special census resides in that portion of the village located  in  that  county.  Such  nomination shall  be  made  not  more than fifty-six, nor less than forty-nine days prior to the date of the village election.   b. A notice of any village primary held for making  party  nominations of  candidates  for  village  offices to be filled at a village election shall be given by the proper party authorities by publication  at  least once  in  each  of  the  two weeks preceding the primary in at least one newspaper of general circulation within the village.   c. A notice of any party caucus held for making party nominations  for village offices for village elections shall be given by the proper party authorities by posting such notice in the public areas at the offices of the village clerk and by filing such notice with such clerk at least ten days   preceding  the  day  of  the  caucus  and,  either  by  newspaper publication thereof once within the village at least one  week  and  not more  than  two weeks preceding the caucus, or by posting such notice in six public places in the village at least ten days preceding the day  of the caucus.   d.  The  notice  shall  specify  the time and place or places, and the purpose of such caucus or  primary,  including  the  offices  for  which candidates will be nominated thereat. For such village primary or caucus there shall be one or more polling places in each subdivision from which a  candidate is nominated. There shall be a chairman and a secretary and tellers for each such village primary or caucus, who shall be  appointed by  the appropriate party officials. No person shall participate in such primary or caucus who is not a resident of the village and  an  enrolled voter  of  the party conducting the primary or caucus. At any primary or caucus in which nominees are chosen by vote of the people in attendance, the person eligible and receiving the highest number  of  votes  for  an office  shall  be deemed nominated. Such village primary or caucus shall not be conducted at any expense to the village.   e. Any party nomination made at any such  caucus  or  village  primary shall be evidenced by the filing with the village clerk of a certificate of  nomination  in  the  form prescribed by this chapter, as provided in subdivision seven of this section. There shall be filed,  together  with such  certificate, or within five days after the village clerk sends the notice of failure to file  prescribed  by  this  paragraph,  a  list  of enrolled  members  of  the party who have participated in such caucus or  primary. If such list is not filed with such  certificate,  the  village clerk  shall  forthwith  send notice of the failure to file such list to the persons who signed such certificate, by first class  mail,  together with  a  notice that such list must be filed within five days after such notice was mailed. Such list shall be certified by the presiding officer or secretary of such caucus or primary.   3. a. Party designations for elective village offices shall be made on a designating petition containing the signatures in ink of residents  of the village who are registered to vote with the appropriate county board of  elections  at  the  time  of  signing  and  who are enrolled in such political party. The sheets of such a petition shall be  numbered.  Such petition  must  set  forth in each instance the correct date of signing, the name of the signer, and his or her  present  address,  and  may  set forth  a  committee  to  fill  vacancies  consisting  of  at least three qualified voters of  the  village  enrolled  in  such  party  and  their residence  within the village. A signer need not himself or herself fill in the date or residence.  Each  sheet  of  such  petition  must  be  in substantially  the  following form and shall contain all the information required therein:                         PARTY DESIGNATING PETITION    I, the undersigned do hereby state that I am a registered voter of the Village of ...... and a duly enrolled voter  of  the ........ party  and entitled  to  vote  at  the next primary election of such party, that my place of residence is truly stated opposite my signature hereto,  and  I hereby  designate the following named person (or persons) as a candidate (or candidates) for nomination of such party for the public  office  (or public  offices)  to  be voted for at the primary election to be held on the ...... day of ........... 20.... as hereinafter specified.                            Public Office                        include district                           number, if     Name of Candidate     applicable)        Term       Residence    ....................  .................   .......   ...............   ....................  .................   .......   ...............    I do hereby appoint (insert names and  addresses  of  at  least  three persons,  all  of  whom  shall  be  enrolled  voters of said party) as a committee to fill vacancies in accordance with  the  provisions  of  the election law.   IN  WITNESS  WHEREOF,  I  have  hereunto set my hand, the day and year placed opposite my signature.      Date             Name            Residence    .............    .............   ...............   .............    .............   ...............                            STATEMENT OF WITNESS    I ............... (name of witness) state: I am a duly qualified voter of the State of New York; and an enrolled voter of  the ......... party. I  now  reside at ..............(residence address). Each of the persons whose    names    are    subscribed    to    this     petition     sheet  containing ......... signatures,  subscribed  his  or  her  name  in  my presence.   I  understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if  it  contains  a  material  false statement,  shall subject me to the same penalties as if I had been duly sworn.   b.   Notwithstanding  any  other  provision  of  law,  the  number  of signatures  required  on a designating petition shall be five percent of the number of enrolled voters of the party residing in the village.  For the purpose of determining the number of  enrolled  voters  of  a  party residing  in  the village, the clerk shall be furnished with an official certified list of all such enrolled party voters residing in the village by the county board of elections of the county in which all or  part  of the village is located.  Such list shall be filed in the village clerk's office  and  shall  be  available  upon  request  for  inspection by any interested person.   4. Independent nominations for elective village offices shall be  made by  a  petition  containing  the  signatures  in ink of residents of the village  who  are  registered  with  the  appropriate  county  board  of elections at the time of signing or who are residents of the village who were  on  the list of registered voters for the last village election in such village. The sheets of such a  petition  shall  be  numbered.  Such petition  must  set  forth in each instance the correct date of signing, the name of the signer and his or her present address, and may set forth a committee to fill vacancies  consisting  of  at  least  three  persons qualified to vote in the village election and their residence within the village.  A  signer  need  not  himself  or  herself fill in the date or residence. Each sheet of such petition  must  be  in  substantially  the following  form  and  shall contain all the information required therein except as may otherwise be permitted by law.                   VILLAGE INDEPENDENT NOMINATING PETITION    I, the undersigned, do hereby state that I am a  registered  voter  of the  Village  of .........., that my present place of residence is truly stated opposite my signature, and I do  hereby  nominate  the  following named person (or persons) as a candidate (or as candidates) for election to  public office (or public offices) to be voted for at the election to be held on the ..... day of ........, 20....., and  that  I  select  the name .............. (fill  in  name) as the name of the independent body making the nomination (or nominations) and ..... (fill in emblem) as the emblem of such body.                           Public Office                        include district                           number, if     Name of Candidate     applicable)         Term        Residence    ....................  .................   ........    .................   ....................  .................   ........    .................  I do hereby appoint _ _ _ _         Name                            Residence    .............................   .................................   .............................   ................................. as a committee to fill vacancies in accordance with  the  provisions  of the election law.    IN  WITNESS  WHEREOF,  I have signed this petition on the day and year stated before my signature.      Date             Signature          Residence   .............    .................  ...............   .............    .................  ...............                            STATEMENT OF WITNESS    I, ............... state that I am a duly qualified voter of the State of New York. I now reside at .......... (residence address). Each of the voters   whose   names   are   subscribed   to   this   petition  sheet, containing ........ (fill in number) signatures, subscribed his  or  her name in my presence.   I  understand that this statement will be accepted for all purposes as the equivalent of an affidavit and, if  it  contains  a  material  false statement,  shall subject me to the same penalties as if I had been duly sworn.    Date ....................        ...........................                                       Signature of Witness    5. The name selected for the independent body  making  the  nomination shall  be in the English language and shall not include the name or part of the name, or an abbreviation of the name or of part of the name, of a then existing party. The name and emblem shown upon such petition  shall conform to the requirements of this chapter, relating to party names and party  emblems.  If  such  a  petition  shall not show an emblem, or the petition shall fail to select a name  for  such  independent  body,  the village clerk shall select an emblem or name, or both to distinguish the candidates nominated thereby.   6.  An  independent  nominating  petition for a village office must be signed  by  at  least  one  hundred  voters  in  villages  containing  a population  of five thousand or more; by at least seventy-five voters in villages containing a population of three thousand and  less  than  five thousand;  and  by  at  least  fifty  voters  in  villages  containing a population of one thousand and less than three thousand; and in villages containing a population of less than one thousand by voters numbering at least five per centum of the  number  of  voters  at  the  last  regular village  election. For the purposes of this section, the population of a village shall be determined by  the  last  federal  decennial  or  local special  population  census  federally  supervised  pursuant  to section twenty of the general municipal law.   7. a. A certificate of party nomination for an office to be filled  at the  time  of a general or special village election for offices shall be filed not earlier than fifty-four days nor later than  forty-seven  days preceding the election.   b.  A  certificate  of acceptance or declination of a party nomination for an office to be filled at the time of a general or  special  village election  shall  be  filed  not later than forty-four days prior to such election.   c. A certificate to fill a vacancy caused by declination  of  a  party nomination  for  an  office  to  be  filled  at the time of a general or special village election shall be filed not later  than  forty-one  days prior to such election.   d. Party designating petitions for a village primary election shall be filed  in  the  office  of the village clerk not earlier than twenty-two days nor later than fifteen days prior to  the  primary  election.  Upon  such  a  filing,  the village clerk shall immediately notify the village election chairman of such party and the person or persons designated  in such  petition  of the fact of such filing and that such petition may be inspected in his office.  (e)  A written declination of a party designation must be filed in the office of the village clerk within three days of the date of the  filing of  the  designating  petition. Upon the filing of such declination, the village clerk shall,  within  one  day  notify  the  committee  to  fill vacancies  named  in  the  petition.  A  certificate to fill the vacancy caused by a declination or any other  reason  must  be  filed  with  the village  clerk  within  three  days  after the date of the notice to the committee to fill vacancies and shall have appended thereto the  written consent of the person or persons designated.   8. a. An independent nominating petition for an office to be filled at the  time  of  a  general or special village election shall be filed not earlier than forty-two days nor later than  thirty-five  days  preceding the election.   b.  A  certificate  of  acceptance  or  declination  of an independent nomination for an office to be filled  at  the  time  of  a  general  or special  village election shall be filed not later than three days after the  last  day  to  file  the  petition  which  made  such   independent nomination.   c.  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 or special village election for offices shall be filed not later than  three  days  after  the  last  day  to  file  the  certificate  of declination, and shall have appended thereto the written consent of  the person or persons nominated.   9.  Any village resident who is a registered voter of the village and, in the case of a designating petition, an enrolled member of  the  party filing  the  petition,  may sign an independent nominating petition or a designating petition providing that: (a) such  signature  was  not  made more  than six weeks prior to the last day to file such petition; (b) he has not signed more  than  one  petition  designating  or  nominating  a candidate  for  mayor or village justice. If he has signed more than one such petition, only the earliest signature for each such office shall be valid; (c) he has not signed  more  than  one  petition  designating  or nominating  a  candidate for each vacancy which exists for the office of village trustee or village justice if the village has provided  for  two such  justices.  If  he  has signed more than one such petition for each such vacancy, only the earlier signatures shall be valid; or (d) he does not vote at a primary election or party caucus  where  a  candidate  was nominated for the same office or each such vacancy.   10.    A  written  objection  to  an  independent nominating petition, designating petition or certificate of nomination shall be filed in  the office  of  the  village  clerk no later than one day following the last date upon which such petition or certificate may be filed or within  one day after such petition or certificate is received by the village clerk, if  such petition or certificate is mailed as provided by law, whichever is later. Written specifications of the grounds of the objections  shall be  filed with the village clerk within two days after the filing of the written objection. A failure to file such written  specifications  shall render  the  original  objection  null  and  void.  Upon receipt of such written specification, the village clerk  shall  forthwith  notify  each candidate  named  in  the  petition  or certificate and shall notify the county board of elections of the county in which the village is located. For purposes of this section, a village shall be deemed  to  be  located within  a  county  if  more  than fifty percent of the population of the  village as shown by the last federal decennial or special census resides in that portion of the village located in that county. Upon  receipt  of the  written  specifications  as  herein  required,  the county board of elections shall immediately take all steps necessary and consistent with this  chapter  to render a determination on the questions raised in such objections and specifications. When a determination has been made by the county  board  of  elections  that  the  petition   is   sufficient   or insufficient,  it  shall  immediately  notify the village clerk and each candidate  named  in  the  petition  or  certificate,   and,   if   such determination was made on objection, the objector.