NY Elec L § 2-122-B (2021)
2021 New York Laws ELN - Election Article 2 - Party Organization 2-122-B - Presidential Primary.

* §  2-122-b. Presidential primary. 1. Applicability. The selection of   delegates and alternate delegates from New York state  to  the  national   convention  of  the  Republican  party in each year in which electors of   president and vice-president of the United  States  are  to  be  elected   shall be conducted pursuant to the provisions of this section. The state   committee  of  any other political party may, by rule or resolution, opt   to conduct the selection of delegates and  alternate  delegates  in  any   such year in accordance with the provisions of this section. A certified   copy  of  such rule or resolution shall be filed with the state board of   elections no later than twenty weeks prior to the date of such election.2. General  provisions.  The  selection  of  delegates  and  alternate   delegates  to  a  national convention or conference of a political party   pursuant to this section shall be determined by  the  votes  cast  at  a   statewide 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 and the names of delegates and alternate  delegates   do not appear on such ballot. All delegates and alternate delegates to a   national  convention  or  conference  of a political party from New York   state shall be allocated to the candidate receiving the greatest  number   of  votes at such presidential primary election. A political party shall   certify to the state board of elections, at least sixteen weeks prior to   the date of the presidential primary, the number of delegates  to  which   such  party  is  entitled  pursuant to its rules. At-large delegates and   alternate delegates shall be selected by  the  state  committee  of  the   political  party  in accordance with the rules of the national committee   of such party and shall  be  allocated  to  the  presidential  candidate   receiving  the  greatest  number  of votes at the statewide presidential   primary election.3. Ballot access methods. Candidates shall be eligible  to  appear  on   the  ballot  in a presidential primary election of a political party for   the office of president of the United States  pursuant  to  any  of  the   following provisions:a.  Any  candidate  who  has  been  certified  as  eligible to receive   presidential primary matching fund payments pursuant to  the  provisions   of  11 Code of Federal Regulations Part 9033, or any candidate who meets   the eligibility criteria regarding matchable  contributions  established   in  11  Code  of  Federal  Regulations  Part  9033.2(b)(3) regardless of   whether such candidate actually applied for such matching fund payments,   may request, by certificate filed and received by  the  state  board  of   elections  no  sooner  than  sixteen weeks and not later than nine weeks   prior to the date of the presidential primary, that  the  name  of  such   candidate appear on the ballot at the primary of such party in the state   of New York for that year.b. Any candidate may request, by certificate filed and received by the   state board of elections no sooner than sixteen weeks and not later than   nine  weeks prior to the date of the presidential primary, that the name   of such candidate appear on the ballot at the  presidential  primary  of   such  party  in the state of New York for the office of president of the   United States. Such candidate shall be eligible to appear on the  ballot   of  such  party  in  the  state  of New York at the presidential primary   election for that year if the state board of elections  determines  that   the  person  is  a  nationally  known  and  recognized candidate and the   candidacy of such person for  the  party  nomination  for  president  is   generally  and seriously advocated or recognized according to reports in   the national or  state  news  media.  Notwithstanding  any  inconsistent   provision  of law to the contrary, a request by a candidate to appear on   the presidential primary ballot of a  major  political  party  shall  be   determined  solely  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.  The  state  board  of  elections shall act upon any such   request no later than fifty-six days before the presidential primary.c. Any candidate shall be  eligible  to  appear  on  the  presidential   primary  ballot  pursuant  to  the  provisions  of  article  six of this   chapter.  Designating petitions shall be signed by not  less  than  five   thousand or five percent, whichever is less, of the then enrolled voters   of the party in the state.d.  Presidential  candidates  determined  eligible  to  appear  on the   presidential primary ballot  may  have  their  name  removed  from  such   primary ballot by filing a certificate with the state board of elections   and  received no later than fifty-six days before such primary election.   After such date but before  the  seventh  day  before  the  presidential   primary,  presidential  candidates may file a certificate with the state   board of elections deeming any vote for such presidential  candidate  to   be a void vote.4.  Election  of  delegates and alternate delegates from congressional   districts. a. Any candidate  eligible  to  appear  on  the  presidential   primary  ballot  pursuant to the provisions of subdivision three of this   section shall file a certificate  with  the  state  board  of  elections   received  no later than nine weeks prior to the date of the presidential   primary setting  forth  a  complete  slate  of  proposed  delegates  and   alternate delegates for each delegate and alternate delegate position to   be  determined  by the statewide primary election. The complete slate of   delegates and alternate delegates shall consist only of enrolled members   of such political party who reside in the  congressional  district  they   seek  to  represent and who have committed to support such candidate and   shall be consistent with the rules of such party, including the rules of   the national party, if applicable. The state board  of  elections  shall   review  each  such  slate,  and  if it determines that such slate is not   complete or is not otherwise in compliance with the provisions  of  this   paragraph,  it  shall  notify the candidate of any defects forthwith and   provide such candidate with no less than three business days to cure any   defects. A candidate eligible to appear on the ballot  pursuant  to  the   provisions  of  subdivision  three  of this section shall appear on such   presidential primary election ballot only upon the  filing  of  a  valid   certificate in compliance with the provisions of this paragraph.b.   All  delegates  and  alternate  delegates,  other  than  at-large   delegates selected by the state committee of a political party, shall be   allocated to the presidential candidate receiving the greatest number of   votes at such presidential primary  election.  Such  delegate  positions   shall  be filled in accordance with the slate of delegates and alternate   delegates set forth on the certificate filed pursuant to paragraph a  of   this  subdivision;  provided, however, that the state board of elections   shall provide a candidate with a  reasonable  opportunity  to  fill  any   delegate  or  alternate  delegate  positions  that  have  become  vacant   subsequent to the  filing  of  such  certificate.  The  state  board  of   elections  shall  certify to the chairman of the state committee of such   party, each candidate and the national committee of such party the slate   of delegates and alternate delegates elected as a result of the  primary   election.5.  Election  of  at-large delegates and at-large alternate delegates.   At-large delegates and at-large alternate delegates shall be selected by   the New York republican state  committee.  All  at-large  delegates  and   at-large  alternate  delegates  shall  be  allocated to the presidential    candidate receiving the greatest number of votes cast for a presidential   candidate at the presidential primary election.6. All provisions of this chapter which are not inconsistent with this   section  shall be applicable to a primary election conducted pursuant to   this section.* NB Repealed December 31, 2020