2023 New York Laws › ELN - Election › Article 16 - Judicial Proceedings › 16-106 - Proceedings as to the Casting and Canvass of Ballots.

§  16-106.  Proceedings  as to the casting and canvass of ballots.  1.
  The  post-election  refusal  to  cast:  (a)  challenged  ballots,  blank
  ballots,  or  void ballots; (b) early mail, absentee, military, special,
  or federal write-in ballots; (c)  emergency  ballots;  and  (d)  ballots
  voted in affidavit envelopes may be contested in a proceeding instituted
  in  the supreme or county court, by any candidate or the chairman of any
  party committee, and by any voter with respect to the  refusal  to  cast
  such voter's ballot, against the board of canvassers of the returns from
  such  district, if any, and otherwise against the board of inspectors of
  election of such district. If the court determines that the  person  who
  cast  such  ballot was entitled to vote at such election, it shall order
  such ballot to be cast and canvassed, including if the court finds  that
  ministerial  error  by  the  board  of elections or any of its employees
  caused such ballot envelope not to be valid on its face.
2. The canvass of returns by the  state,  or  county,  city,  town  or
  village board of canvassers may be contested, in a proceeding instituted
  in the supreme court by any voter, except a proceeding on account of the
  failure  of  the  state board of canvassers to act upon new returns of a
  board of canvassers of any county made pursuant to the order of a  court
  or  justice,  which may be instituted only by a candidate aggrieved or a
  voter in the county.
3. The attorney general, on behalf of the state, and the  chairman  of
  the  state  committee  of  a party, may institute any proceeding allowed
  herein relating to the returns of canvass by inspectors upon the vote of
  any ballot proposal submitted to the people of the state.
4. The court shall ensure the strict and uniform  application  of  the
  election  law  and  shall  not  permit  or  require  the altering of the
  schedule or procedures in section 9-209 of this chapter but may direct a
  recanvass or the correction of an error, or the performance of any  duty
  imposed  by  this chapter on such a state, county, city, town or village
  board of inspectors, or canvassers.
5. In the event  procedural  irregularities  or  other  facts  arising
  during  the  election  suggest  a  change  or  altering  of  the canvass
  schedule, as provided for in section  9-209  of  this  chapter,  may  be
  warranted,  a  candidate  may seek an order for temporary or preliminary
  injunctive relief or an impound order halting or altering the canvassing
  schedule  of  early  mail,  absentee,  military,  special  or  affidavit
  ballots.  Upon  any  such  application, the board or boards of elections
  have a right to be heard. To obtain such  relief,  the  petitioner  must
  meet  the  criteria in article sixty-three of the civil practice law and
  rules and show by  clear  and  convincing  evidence,  that,  because  of
  procedural  irregularities  or  other facts arising during the election,
  the petitioner will be irreparably harmed absent such  relief.  For  the
  purposes  of  this  section, allegations that opinion polls show that an
  election is  close  is  insufficient  to  show  irreparable  harm  to  a
  petitioner by clear and convincing evidence.
6.  A proceeding under subdivisions one and three of this section must
  be instituted within twenty  days  and  under  subdivision  two,  within
  thirty  days  after  the  election  or  alleged  erroneous  statement or
  determination was made, or the time when the board shall have  acted  in
  the  particulars as to which it is claimed to have failed to perform its
  duty, except that such a proceeding with respect to a  village  election
  must  be  instituted  within  ten  days  after such election, statement,
  determination or action.