2023 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; and
c.  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
  and individuals appointed to such committee to receive notices shall not
  be  required  to  file  a  certificate of acceptance), 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  and
  individuals  appointed to such committee to receive notices shall not be
  required to file a certificate of acceptance), 6-154,  and  subdivisions
  one, one-b 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 sixth, two thousand twenty-four) 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 fifteen
  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 and individuals appointed
  to such committee to receive notices shall not be  required  to  file  a
  certificate of acceptance), 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 and individuals appointed to such
  committee to receive notices shall not be required to file a certificate
  of acceptance), 6-147,  6-154,  and  subdivisions  one,  one-b  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 twenty-two 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 twenty-first, two thousand
  twenty-three 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  letter  (X)  if  the  candidate
  identifies  as  any  gender  other  than  female or male. 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-four,  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 January twenty-third, two thousand twenty-four.
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  February   eighth,   two   thousand
  twenty-four.  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  February  ninth,  two
  thousand  twenty-four,  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 letter (X) if such candidate
  identifies as any gender other than female or male.
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.
* NB Repealed December 31, 2024