New York Laws
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) 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 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.