New York Laws
Article 16 - Judicial Proceedings
16-102 - Proceedings as to Designations and Nominations, Primary Elections, Etc.

§ 16-102. Proceedings as to designations and nominations, primary
elections, etc. 1. The nomination or designation of any candidate for
any public office or party position or any independent nomination, or
the holding of an uncontested primary election, by reason of a petition
for an opportunity to ballot having been filed, or the election of any
person to any party position may be contested in a proceeding instituted
in the supreme court by any aggrieved candidate, or by the chairman of
any party committee or by a person who shall have filed objections, as
provided in this chapter, except that the chairman of a party committee
may not bring a proceeding with respect to a designation or the holding
of an otherwise uncontested primary.

2. A proceeding with respect to a petition shall be instituted within
fourteen days after the last day to file the petition, or within three
business days after the officer or board with whom or which such
petition was filed, makes a determination of invalidity with respect to
such petition, whichever is later; except that a proceeding with respect
to a petition for a village election or a nomination for a special
election shall be instituted within seven days after the last day to
file the certificate or petition for such village election or nomination
or within three business days after the officer or board with whom or
which such certificate or petition was filed, makes a determination of
invalidity with respect to such certificate or petition, whichever is
later. A proceeding with respect to a primary, convention, meeting of a
party committee, or caucus shall be instituted within ten days after the
holding of such primary or convention or the filing of the certificate
of nominations made at such caucus or meeting of a party committee.

3. The court may direct reassembling of any convention or the holding
of a new primary election, or caucus where it finds there has been such
fraud or irregularity as to render impossible a determination as to who
rightfully was nominated or elected.

4. A final order including the resolution of any appeals in any
proceeding involving the names of candidates on ballots or voting
machines shall be made, if possible, at least five weeks before the day
of the election at which such ballots or voting machines are to be used,
or if such proceeding is commenced within five weeks of such election,
no later than the day following the day on which the case is heard.