2023 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  awarding  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.  The  total  number  of delegates and
  alternate delegates shall be determined by the  call  for  the  national
  convention.    Three  delegates  and  three alternate delegates shall be
  awarded from every congressional district in the state, unless the rules
  of the national Republican  party  and/or  the  call  for  the  national
  convention  provide  differently.  The  total  number  of  delegates and
  alternate  delegates  as  established  by  the  call  for  the  national
  convention  minus  the number of delegates and alternate delegates to be
  awarded from the congressional districts shall  be  designated  at-large
  delegates and at-large alternate delegates.
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.
Congressional district delegates  and  alternate  delegates  shall  be
  awarded  based  upon  the  results  of  separate  and  distinct  primary
  elections  held  within  each  congressional  district  of  the   state.
  Congressional  district  delegates  and  alternate  delegates  shall  be
  awarded  to  presidential  candidates  pursuant  to   paragraph   b   of
  subdivision  four of this section and elected pursuant to paragraph c of
  subdivision four of  this  section.  At-large  delegates  and  alternate
  delegates  shall  be  elected  by  the  state committee and allocated to
  presidential candidates pursuant to subdivision five of this section.
3. Ballot access methods. Candidates shall be eligible  to  appear  on
  the  ballot in a 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 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 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  upon   a   joint
  recommendation  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 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
  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 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. Each congressional district shall conduct a  separate  and
  distinct   primary   election.   Enrolled   Republican   voters  from  a
  congressional district shall vote for a presidential candidate  who  has
  qualified  for  the primary ballot pursuant to subdivision three of this
  section.
b. All three delegates  and  all  three  alternate  delegates  from  a
  congressional  district shall be awarded to a presidential candidate who
  receives a majority of the total votes cast for presidential  candidates
  in  such congressional district. If no presidential candidate receives a
  majority of the votes in  a  congressional  district,  the  presidential
  candidate  receiving  the most votes in the congressional district shall
  be  awarded  two  delegates  and  two  alternate   delegates   and   the
  presidential  candidate  who  receives  the  second  most  votes  in the
  congressional district shall be awarded one delegate and  one  alternate
  delegate,  provided  however, that a presidential candidate must receive
  at least twenty  percent  of  the  total  votes  cast  for  presidential
  candidates  in  the  congressional  district  in order to be awarded any
  delegates and alternate delegates from that congressional  district.  If
  only  one  presidential candidate receives twenty percent or more of the
  total  votes  cast  for  presidential  candidates  in  a   congressional
  district,  such  presidential  candidate  shall  be  awarded  all  three
  delegates  and  all  three  alternate  delegates.  If  no   presidential
  candidate  receives  twenty  percent or more of the total votes cast for
  presidential candidates in a congressional district, the three  delegate
  and  three  alternate  delegate  positions  from  such district shall be
  deemed  vacant  and  filled  pursuant  to  the  rules  of  the  national
  Republican party.
c.  All congressional district delegates and alternate delegates shall
  be elected by the members of the New  York  Republican  state  committee

  representing   each   such   congressional   district   and  awarded  to
  presidential candidates pursuant to paragraph b of this subdivision. The
  congressional  district  delegates  and  alternate  delegates  shall  be
  elected  by  the  members  of  the  New  York Republican state committee
  representing each such congressional district at meetings called by  the
  state  chairman  and scheduled in compliance with Rules 16 and 20 of the
  Rules of the Republican Party (National) but, if practicable,  following
  the  certification of the results of the presidential primary by the New
  York state board of elections. The notices of call issued by  the  state
  chairman  shall designate New York Republican state committee members to
  serve as chairs and secretaries of the congressional district  meetings.
  At  these  congressional  district meetings, the members of the New York
  Republican state committee shall each cast votes equal to the Republican
  enrollment  for  their  unit  of  representation  that  is  within   the
  congressional  district.  Voting  by proxy at the congressional district
  meeting shall be valid. The chair and secretary  of  each  congressional
  district  meeting shall file a certificate with the New York state board
  of elections stating the names and addresses of the individuals  elected
  as  congressional district delegates and alternate delegates within five
  days of the meeting.
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 and awarded to presidential
  candidates based upon the statewide vote  results  of  the  presidential
  primary   election.   All  at-large  delegates  and  at-large  alternate
  delegates shall be awarded to the presidential candidate who receives  a
  majority  of the statewide total votes cast for presidential candidates.
  If no presidential candidate receives a majority of the statewide  total
  votes  cast for presidential candidates, at-large delegates and at-large
  alternate delegates shall be allocated and awarded as follows: based  on
  the  ratio  of  the  total  statewide vote received by each presidential
  candidate in relation to the total statewide vote for  all  presidential
  candidates  receiving  at  least twenty percent of the statewide vote in
  the  presidential  primary  election,  the  New  York  Republican  state
  committee  shall apportion pro-rata the number of at-large delegates and
  at-large  alternate  delegates  that  each  presidential  candidate   is
  entitled  to  receive  rounded  to  the  nearest  whole number: provided
  however, that a presidential candidate  must  receive  at  least  twenty
  percent of the total statewide vote of the presidential primary election
  in order to be awarded any at-large delegates by the New York Republican
  state  committee.  In  the event the pro-rata apportionment of delegates
  leaves one or  more  delegates  unawarded  by  process  of  mathematical
  distribution,  then  any such delegate or delegates, shall be awarded to
  the presidential  candidate  with  the  most  statewide  votes  for  all
  presidential  candidates.  In  the event pro-rata apportionment entitles
  presidential candidates by process of mathematical distribution to  more
  delegates  than  are  authorized  pursuant  to the rules of the national
  Republican party and the call for  the  national  convention,  then  the
  number  of  delegates  awarded  for  the  candidate  receiving the least
  statewide votes among those presidential candidates  otherwise  entitled
  to  be  awarded delegates, shall be decreased to the extent necessary to
  conform to the number of authorized delegate positions.
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, 2024