State Codes and Statutes

Statutes > New-york > Eln > Article-15 > 15-108

§  15-108. Designation and nomination of candidates. 1. Nominations of  candidates for elective village offices shall be  made  as  provided  in  this section.    2.  a.  Party  nominations  of  candidates  for village offices in any  county shall be made at a party caucus or, if the rules  of  the  county  committee,   heretofore   or   hereafter  adopted  consistent  with  the  provisions of this chapter so provide, at a  primary  election.  If  the  rules  of the county committee of any political party provide that party  nominations for village offices of that party in any or all villages  in  the  county  shall  be  made at a village primary election, such primary  election shall be held forty-nine days prior to the date of the  village  election.  In  the  event there is no village committee with a chairman,  the chairman of the county committee or such other person or body as the  rules of such committee may provide, shall designate an enrolled  member  of  the  party  who  is  a qualified voter of the village as the village  election chairman.  Such  village  chairman  shall  have  general  party  responsibility  for  the  conduct  of  the  village  caucus  or  primary  election. For the purposes of this section, a village shall be deemed to  be located  within  a  county  for  the  purposes  of  county  political  organization if more than fifty percent of the population of the village  as  shown  by  the  last federal decennial, or special census resides in  that portion of the village located  in  that  county.  Such  nomination  shall  be  made  not  more than fifty-six, nor less than forty-nine days  prior to the date of the village election.    b. A notice of any village primary held for making  party  nominations  of  candidates  for  village  offices to be filled at a village election  shall be given by the proper party authorities by publication  at  least  once  in  each  of  the  two weeks preceding the primary in at least one  newspaper of general circulation within the village.    c. A notice of any party caucus held for making party nominations  for  village offices for village elections shall be given by the proper party  authorities by posting such notice in the public areas at the offices of  the  village  clerk and the board of elections and by filing such notice  with such clerk and such board at least ten days preceding  the  day  of  the  caucus and, either by newspaper publication thereof once within the  village at least one week and not more  than  two  weeks  preceding  the  caucus, or by posting such notice in six public places in the village at  least ten days preceding the day of the caucus.    d.  The  notice  shall  specify  the time and place or places, and the  purpose of such caucus or  primary,  including  the  offices  for  which  candidates will be nominated thereat. For such village primary or caucus  there shall be one or more polling places in each subdivision from which  a  candidate is nominated. There shall be a chairman and a secretary and  tellers for each such village primary or caucus, who shall be  appointed  by  the appropriate party officials. No person shall participate in such  primary or caucus who is not a resident of the village and  an  enrolled  voter  of  the party conducting the primary or caucus. At any primary or  caucus in which nominees are chosen by vote of the people in attendance,  the person eligible and receiving the highest number  of  votes  for  an  office  shall  be deemed nominated. Such village primary or caucus shall  not be conducted at any expense to the village.    e. Any party nomination made at any such  caucus  or  village  primary  shall be evidenced by the filing with the village clerk of a certificate  of  nomination  in  the  form prescribed by this chapter, as provided in  subdivision seven of this section. There shall be filed,  together  with  such  certificate, or within five days after the village clerk sends the  notice of failure to file  prescribed  by  this  paragraph,  a  list  of  enrolled  members  of  the party who have participated in such caucus orprimary. If such list is not filed with such  certificate,  the  village  clerk  shall  forthwith  send notice of the failure to file such list to  the persons who signed such certificate, by first class  mail,  together  with  a  notice that such list must be filed within five days after such  notice was mailed. Such list shall be certified by the presiding officer  or secretary of such caucus or primary.    3. a. Party designations for elective village offices shall be made on  a designating petition containing the signatures in ink of residents  of  the village who are registered to vote with the appropriate county board  of  elections  at  the  time  of  signing  and  who are enrolled in such  political party. The sheets of such a petition shall be  numbered.  Such  petition  must  set  forth in each instance the correct date of signing,  the name of the signer, and his or her  present  address,  and  may  set  forth  a  committee  to  fill  vacancies  consisting  of  at least three  qualified voters of  the  village  enrolled  in  such  party  and  their  residence  within the village. A signer need not himself or herself fill  in the date or residence.  Each  sheet  of  such  petition  must  be  in  substantially  the  following form and shall contain all the information  required therein:                          PARTY DESIGNATING PETITION     I, the undersigned do hereby state that I am a registered voter of the  Village of ...... and a duly enrolled voter  of  the ........ party  and  entitled  to  vote  at  the next primary election of such party, that my  place of residence is truly stated opposite my signature hereto,  and  I  hereby  designate the following named person (or persons) as a candidate  (or candidates) for nomination of such party for the public  office  (or  public  offices)  to  be voted for at the primary election to be held on  the ...... day of ........... 20.... as hereinafter specified.       Name of Candidate     Public Office      Term       Residence     ....................  .................   .......   ...............    ....................  .................   .......   ...............     I do hereby appoint (insert names and  addresses  of  at  least  three  persons,  all  of  whom  shall  be  enrolled  voters of said party) as a  committee to fill vacancies in accordance with  the  provisions  of  the  election law.    IN  WITNESS  WHEREOF,  I  have  hereunto set my hand, the day and year  placed opposite my signature.       Date             Name            Residence     .............    .............   ...............    .............    .............   ...............                             STATEMENT OF WITNESS     I ............... (name of witness) state: I am a duly qualified voter  of the State of New York; and an enrolled voter  of  the ......... party  and  now reside in the Village of ......... County of ......... State of  New York at ............ (residence  address)  therein.    Each  of  the  persons   whose   names   are   subscribed   to   this   petition  sheet  containing ......... signatures,  subscribed  his  or  her  name  in  my  presence.I  understand that this statement will be accepted for all purposes as  the equivalent of an affidavit and, if  it  contains  a  material  false  statement,  shall subject me to the same penalties as if I had been duly  sworn.    .......................                   ...........................        Date                                  Signature of Witness                          page no. .........     b.    Notwithstanding  any  other  provision  of  law,  the  number of  signatures required on a designating petition shall be five  percent  of  the number of enrolled voters of the party residing in the village.  For  the  purpose  of  determining  the  number of enrolled voters of a party  residing in the village, the clerk shall be furnished with  an  official  certified list of all such enrolled party voters residing in the village  by  the  county board of elections of the county in which all or part of  the village is located.  Such list shall be filed in the village clerk's  office and shall  be  available  upon  request  for  inspection  by  any  interested person.    4.  Independent nominations for elective village offices shall be made  by a petition containing the signatures  in  ink  of  residents  of  the  village  who  are  registered  with  the  appropriate  county  board  of  elections at the time of signing or who are residents of the village who  were on the list of registered voters for the last village  election  in  such  village.  The  sheets  of  such a petition shall be numbered. Such  petition must set forth in each instance the correct  date  of  signing,  the name of the signer and his or her present address, and may set forth  a  committee  to  fill  vacancies  consisting  of at least three persons  qualified to vote in the village election and their residence within the  village. A signer need not himself  or  herself  fill  in  the  date  or  residence.  Each  sheet  of  such  petition must be in substantially the  following form and shall contain all the  information  required  therein  except as may otherwise be permitted by law.                    VILLAGE INDEPENDENT NOMINATING PETITION     I,  the  undersigned,  do hereby state that I am a registered voter of  the Village of .........., that my present place of residence  is  truly  stated  opposite  my  signature,  and I do hereby nominate the following  named person (or persons) as a candidate (or as candidates) for election  to public office (or public offices) to be voted for at the election  to  be  held  on  the ..... day  of ........, 20....., and that I select the  name .............. (fill in name) as the name of the  independent  body  making the nomination (or nominations) and ..... (fill in emblem) as the  emblem of such body.      Name of Candidate     Public Office       Term        Residence     ....................  .................   ........    .................    ....................  .................   ........    .................   I do hereby appoint _ _ _ _          Name                            Residence     .............................   .................................    .............................   .................................  as  a  committee  to fill vacancies in accordance with the provisions of  the election law.    IN WITNESS WHEREOF, I have signed this petition on the  day  and  year  stated before my signature.Date             Signature          Residence    .............    .................  ...............    .............    .................  ...............                             STATEMENT OF WITNESS     I, ............... state  that  I  am  a  duly qualified voter and now  reside   at ............. (residence    address)    in    the    Village  of ........... in the State of New York in the County of ........ . Each  of  the  voters  whose  names  are  subscribed  to  this petition sheet,  containing ........ (fill in number) signatures, subscribed his  or  her  name in my presence.    I  understand that this statement will be accepted for all purposes as  the equivalent of an affidavit and, if  it  contains  a  material  false  statement,  shall subject me to the same penalties as if I had been duly  sworn.     Date ....................        ...........................                                        Signature of Witness     5. The name selected for the independent body  making  the  nomination  shall  be in the English language and shall not include the name or part  of the name, or an abbreviation of the name or of part of the name, of a  then existing party. The name and emblem shown upon such petition  shall  conform to the requirements of this chapter, relating to party names and  party  emblems.  If  such  a  petition  shall not show an emblem, or the  petition shall fail to select a name  for  such  independent  body,  the  village clerk shall select an emblem or name, or both to distinguish the  candidates nominated thereby.    6.  An  independent  nominating  petition for a village office must be  signed  by  at  least  one  hundred  voters  in  villages  containing  a  population  of five thousand or more; by at least seventy-five voters in  villages containing a population of three thousand and  less  than  five  thousand;  and  by  at  least  fifty  voters  in  villages  containing a  population of one thousand and less than three thousand; and in villages  containing a population of less than one thousand by voters numbering at  least five per centum of the  number  of  voters  at  the  last  regular  village  election. For the purposes of this section, the population of a  village shall be determined by  the  last  federal  decennial  or  local  special  population  census  federally  supervised  pursuant  to section  twenty of the general municipal law.    7. a. A certificate of party nomination for an office to be filled  at  the  time  of a general or special village election for offices shall be  filed not earlier than fifty-four days nor later than  forty-seven  days  preceding the election.    b.  A  certificate  of acceptance or declination of a party nomination  for an office to be filled at the time of a general or  special  village  election  shall  be  filed  not later than forty-four days prior to such  election.    c. A certificate to fill a vacancy caused by declination  of  a  party  nomination  for  an  office  to  be  filled  at the time of a general or  special village election shall be filed not later  than  forty-one  days  prior to such election.    d. Party designating petitions for a village primary election shall be  filed  in  the  office  of the village clerk not earlier than twenty-two  days nor later than fifteen days prior to  the  primary  election.  Upon  such  a  filing,  the village clerk shall immediately notify the village  election chairman of such party and the person or persons designated  insuch  petition  of the fact of such filing and that such petition may be  inspected in his office.    (e)  A written declination of a party designation must be filed in the  office of the village clerk within three days of the date of the  filing  of  the  designating  petition. Upon the filing of such declination, the  village clerk shall,  within  one  day  notify  the  committee  to  fill  vacancies  named  in  the  petition.  A  certificate to fill the vacancy  caused by a declination or any other  reason  must  be  filed  with  the  village  clerk  within  three  days  after the date of the notice to the  committee to fill vacancies and shall have appended thereto the  written  consent of the person or persons designated.    8. a. An independent nominating petition for an office to be filled at  the  time  of  a  general or special village election shall be filed not  earlier than forty-two days nor later than  thirty-five  days  preceding  the election.    b.  A  certificate  of  acceptance  or  declination  of an independent  nomination for an office to be filled  at  the  time  of  a  general  or  special  village election shall be filed not later than three days after  the  last  day  to  file  the  petition  which  made  such   independent  nomination.    c.  A  certificate  to  fill  a  vacancy caused by a declination of an  independent nomination for an office to be  filled  at  the  time  of  a  general or special village election for offices shall be filed not later  than  three  days  after  the  last  day  to  file  the  certificate  of  declination, and shall have appended thereto the written consent of  the  person or persons nominated.    9.  Any village resident who is a registered voter of the village and,  in the case of a designating petition, an enrolled member of  the  party  filing  the  petition,  may sign an independent nominating petition or a  designating petition providing that: (a) such  signature  was  not  made  more  than six weeks prior to the last day to file such petition; (b) he  has not signed more  than  one  petition  designating  or  nominating  a  candidate  for  mayor or village justice. If he has signed more than one  such petition, only the earliest signature for each such office shall be  valid; (c) he has not signed  more  than  one  petition  designating  or  nominating  a  candidate for each vacancy which exists for the office of  village trustee or village justice if the village has provided  for  two  such  justices.  If  he  has signed more than one such petition for each  such vacancy, only the earlier signatures shall be valid; or (d) he does  not vote at a primary election or party caucus  where  a  candidate  was  nominated for the same office or each such vacancy.    10.    A  written  objection  to  an  independent nominating petition,  designating petition or certificate of nomination shall be filed in  the  office  of  the  village  clerk no later than one day following the last  date upon which such petition or certificate may be filed or within  one  day after such petition or certificate is received by the village clerk,  if  such petition or certificate is mailed as provided by law, whichever  is later. Written specifications of the grounds of the objections  shall  be  filed with the village clerk within two days after the filing of the  written objection. A failure to file such written  specifications  shall  render  the  original  objection  null  and  void.  Upon receipt of such  written specification, the village clerk  shall  forthwith  notify  each  candidate  named  in  the  petition  or certificate and shall notify the  county board of elections of the county in which the village is located.  For purposes of this section, a village shall be deemed  to  be  located  within  a  county  if  more  than fifty percent of the population of the  village as shown by the last federal decennial or special census resides  in that portion of the village located in that county. Upon  receipt  ofthe  written  specifications  as  herein  required,  the county board of  elections shall immediately take all steps necessary and consistent with  this chapter to render a determination on the questions raised  in  such  objections and specifications. When a determination has been made by the  county   board   of   elections  that  the  petition  is  sufficient  or  insufficient, it shall immediately notify the  village  clerk  and  each  candidate   named   in   the  petition  or  certificate,  and,  if  such  determination was made on objection, the objector.

State Codes and Statutes

Statutes > New-york > Eln > Article-15 > 15-108

§  15-108. Designation and nomination of candidates. 1. Nominations of  candidates for elective village offices shall be  made  as  provided  in  this section.    2.  a.  Party  nominations  of  candidates  for village offices in any  county shall be made at a party caucus or, if the rules  of  the  county  committee,   heretofore   or   hereafter  adopted  consistent  with  the  provisions of this chapter so provide, at a  primary  election.  If  the  rules  of the county committee of any political party provide that party  nominations for village offices of that party in any or all villages  in  the  county  shall  be  made at a village primary election, such primary  election shall be held forty-nine days prior to the date of the  village  election.  In  the  event there is no village committee with a chairman,  the chairman of the county committee or such other person or body as the  rules of such committee may provide, shall designate an enrolled  member  of  the  party  who  is  a qualified voter of the village as the village  election chairman.  Such  village  chairman  shall  have  general  party  responsibility  for  the  conduct  of  the  village  caucus  or  primary  election. For the purposes of this section, a village shall be deemed to  be located  within  a  county  for  the  purposes  of  county  political  organization if more than fifty percent of the population of the village  as  shown  by  the  last federal decennial, or special census resides in  that portion of the village located  in  that  county.  Such  nomination  shall  be  made  not  more than fifty-six, nor less than forty-nine days  prior to the date of the village election.    b. A notice of any village primary held for making  party  nominations  of  candidates  for  village  offices to be filled at a village election  shall be given by the proper party authorities by publication  at  least  once  in  each  of  the  two weeks preceding the primary in at least one  newspaper of general circulation within the village.    c. A notice of any party caucus held for making party nominations  for  village offices for village elections shall be given by the proper party  authorities by posting such notice in the public areas at the offices of  the  village  clerk and the board of elections and by filing such notice  with such clerk and such board at least ten days preceding  the  day  of  the  caucus and, either by newspaper publication thereof once within the  village at least one week and not more  than  two  weeks  preceding  the  caucus, or by posting such notice in six public places in the village at  least ten days preceding the day of the caucus.    d.  The  notice  shall  specify  the time and place or places, and the  purpose of such caucus or  primary,  including  the  offices  for  which  candidates will be nominated thereat. For such village primary or caucus  there shall be one or more polling places in each subdivision from which  a  candidate is nominated. There shall be a chairman and a secretary and  tellers for each such village primary or caucus, who shall be  appointed  by  the appropriate party officials. No person shall participate in such  primary or caucus who is not a resident of the village and  an  enrolled  voter  of  the party conducting the primary or caucus. At any primary or  caucus in which nominees are chosen by vote of the people in attendance,  the person eligible and receiving the highest number  of  votes  for  an  office  shall  be deemed nominated. Such village primary or caucus shall  not be conducted at any expense to the village.    e. Any party nomination made at any such  caucus  or  village  primary  shall be evidenced by the filing with the village clerk of a certificate  of  nomination  in  the  form prescribed by this chapter, as provided in  subdivision seven of this section. There shall be filed,  together  with  such  certificate, or within five days after the village clerk sends the  notice of failure to file  prescribed  by  this  paragraph,  a  list  of  enrolled  members  of  the party who have participated in such caucus orprimary. If such list is not filed with such  certificate,  the  village  clerk  shall  forthwith  send notice of the failure to file such list to  the persons who signed such certificate, by first class  mail,  together  with  a  notice that such list must be filed within five days after such  notice was mailed. Such list shall be certified by the presiding officer  or secretary of such caucus or primary.    3. a. Party designations for elective village offices shall be made on  a designating petition containing the signatures in ink of residents  of  the village who are registered to vote with the appropriate county board  of  elections  at  the  time  of  signing  and  who are enrolled in such  political party. The sheets of such a petition shall be  numbered.  Such  petition  must  set  forth in each instance the correct date of signing,  the name of the signer, and his or her  present  address,  and  may  set  forth  a  committee  to  fill  vacancies  consisting  of  at least three  qualified voters of  the  village  enrolled  in  such  party  and  their  residence  within the village. A signer need not himself or herself fill  in the date or residence.  Each  sheet  of  such  petition  must  be  in  substantially  the  following form and shall contain all the information  required therein:                          PARTY DESIGNATING PETITION     I, the undersigned do hereby state that I am a registered voter of the  Village of ...... and a duly enrolled voter  of  the ........ party  and  entitled  to  vote  at  the next primary election of such party, that my  place of residence is truly stated opposite my signature hereto,  and  I  hereby  designate the following named person (or persons) as a candidate  (or candidates) for nomination of such party for the public  office  (or  public  offices)  to  be voted for at the primary election to be held on  the ...... day of ........... 20.... as hereinafter specified.       Name of Candidate     Public Office      Term       Residence     ....................  .................   .......   ...............    ....................  .................   .......   ...............     I do hereby appoint (insert names and  addresses  of  at  least  three  persons,  all  of  whom  shall  be  enrolled  voters of said party) as a  committee to fill vacancies in accordance with  the  provisions  of  the  election law.    IN  WITNESS  WHEREOF,  I  have  hereunto set my hand, the day and year  placed opposite my signature.       Date             Name            Residence     .............    .............   ...............    .............    .............   ...............                             STATEMENT OF WITNESS     I ............... (name of witness) state: I am a duly qualified voter  of the State of New York; and an enrolled voter  of  the ......... party  and  now reside in the Village of ......... County of ......... State of  New York at ............ (residence  address)  therein.    Each  of  the  persons   whose   names   are   subscribed   to   this   petition  sheet  containing ......... signatures,  subscribed  his  or  her  name  in  my  presence.I  understand that this statement will be accepted for all purposes as  the equivalent of an affidavit and, if  it  contains  a  material  false  statement,  shall subject me to the same penalties as if I had been duly  sworn.    .......................                   ...........................        Date                                  Signature of Witness                          page no. .........     b.    Notwithstanding  any  other  provision  of  law,  the  number of  signatures required on a designating petition shall be five  percent  of  the number of enrolled voters of the party residing in the village.  For  the  purpose  of  determining  the  number of enrolled voters of a party  residing in the village, the clerk shall be furnished with  an  official  certified list of all such enrolled party voters residing in the village  by  the  county board of elections of the county in which all or part of  the village is located.  Such list shall be filed in the village clerk's  office and shall  be  available  upon  request  for  inspection  by  any  interested person.    4.  Independent nominations for elective village offices shall be made  by a petition containing the signatures  in  ink  of  residents  of  the  village  who  are  registered  with  the  appropriate  county  board  of  elections at the time of signing or who are residents of the village who  were on the list of registered voters for the last village  election  in  such  village.  The  sheets  of  such a petition shall be numbered. Such  petition must set forth in each instance the correct  date  of  signing,  the name of the signer and his or her present address, and may set forth  a  committee  to  fill  vacancies  consisting  of at least three persons  qualified to vote in the village election and their residence within the  village. A signer need not himself  or  herself  fill  in  the  date  or  residence.  Each  sheet  of  such  petition must be in substantially the  following form and shall contain all the  information  required  therein  except as may otherwise be permitted by law.                    VILLAGE INDEPENDENT NOMINATING PETITION     I,  the  undersigned,  do hereby state that I am a registered voter of  the Village of .........., that my present place of residence  is  truly  stated  opposite  my  signature,  and I do hereby nominate the following  named person (or persons) as a candidate (or as candidates) for election  to public office (or public offices) to be voted for at the election  to  be  held  on  the ..... day  of ........, 20....., and that I select the  name .............. (fill in name) as the name of the  independent  body  making the nomination (or nominations) and ..... (fill in emblem) as the  emblem of such body.      Name of Candidate     Public Office       Term        Residence     ....................  .................   ........    .................    ....................  .................   ........    .................   I do hereby appoint _ _ _ _          Name                            Residence     .............................   .................................    .............................   .................................  as  a  committee  to fill vacancies in accordance with the provisions of  the election law.    IN WITNESS WHEREOF, I have signed this petition on the  day  and  year  stated before my signature.Date             Signature          Residence    .............    .................  ...............    .............    .................  ...............                             STATEMENT OF WITNESS     I, ............... state  that  I  am  a  duly qualified voter and now  reside   at ............. (residence    address)    in    the    Village  of ........... in the State of New York in the County of ........ . Each  of  the  voters  whose  names  are  subscribed  to  this petition sheet,  containing ........ (fill in number) signatures, subscribed his  or  her  name in my presence.    I  understand that this statement will be accepted for all purposes as  the equivalent of an affidavit and, if  it  contains  a  material  false  statement,  shall subject me to the same penalties as if I had been duly  sworn.     Date ....................        ...........................                                        Signature of Witness     5. The name selected for the independent body  making  the  nomination  shall  be in the English language and shall not include the name or part  of the name, or an abbreviation of the name or of part of the name, of a  then existing party. The name and emblem shown upon such petition  shall  conform to the requirements of this chapter, relating to party names and  party  emblems.  If  such  a  petition  shall not show an emblem, or the  petition shall fail to select a name  for  such  independent  body,  the  village clerk shall select an emblem or name, or both to distinguish the  candidates nominated thereby.    6.  An  independent  nominating  petition for a village office must be  signed  by  at  least  one  hundred  voters  in  villages  containing  a  population  of five thousand or more; by at least seventy-five voters in  villages containing a population of three thousand and  less  than  five  thousand;  and  by  at  least  fifty  voters  in  villages  containing a  population of one thousand and less than three thousand; and in villages  containing a population of less than one thousand by voters numbering at  least five per centum of the  number  of  voters  at  the  last  regular  village  election. For the purposes of this section, the population of a  village shall be determined by  the  last  federal  decennial  or  local  special  population  census  federally  supervised  pursuant  to section  twenty of the general municipal law.    7. a. A certificate of party nomination for an office to be filled  at  the  time  of a general or special village election for offices shall be  filed not earlier than fifty-four days nor later than  forty-seven  days  preceding the election.    b.  A  certificate  of acceptance or declination of a party nomination  for an office to be filled at the time of a general or  special  village  election  shall  be  filed  not later than forty-four days prior to such  election.    c. A certificate to fill a vacancy caused by declination  of  a  party  nomination  for  an  office  to  be  filled  at the time of a general or  special village election shall be filed not later  than  forty-one  days  prior to such election.    d. Party designating petitions for a village primary election shall be  filed  in  the  office  of the village clerk not earlier than twenty-two  days nor later than fifteen days prior to  the  primary  election.  Upon  such  a  filing,  the village clerk shall immediately notify the village  election chairman of such party and the person or persons designated  insuch  petition  of the fact of such filing and that such petition may be  inspected in his office.    (e)  A written declination of a party designation must be filed in the  office of the village clerk within three days of the date of the  filing  of  the  designating  petition. Upon the filing of such declination, the  village clerk shall,  within  one  day  notify  the  committee  to  fill  vacancies  named  in  the  petition.  A  certificate to fill the vacancy  caused by a declination or any other  reason  must  be  filed  with  the  village  clerk  within  three  days  after the date of the notice to the  committee to fill vacancies and shall have appended thereto the  written  consent of the person or persons designated.    8. a. An independent nominating petition for an office to be filled at  the  time  of  a  general or special village election shall be filed not  earlier than forty-two days nor later than  thirty-five  days  preceding  the election.    b.  A  certificate  of  acceptance  or  declination  of an independent  nomination for an office to be filled  at  the  time  of  a  general  or  special  village election shall be filed not later than three days after  the  last  day  to  file  the  petition  which  made  such   independent  nomination.    c.  A  certificate  to  fill  a  vacancy caused by a declination of an  independent nomination for an office to be  filled  at  the  time  of  a  general or special village election for offices shall be filed not later  than  three  days  after  the  last  day  to  file  the  certificate  of  declination, and shall have appended thereto the written consent of  the  person or persons nominated.    9.  Any village resident who is a registered voter of the village and,  in the case of a designating petition, an enrolled member of  the  party  filing  the  petition,  may sign an independent nominating petition or a  designating petition providing that: (a) such  signature  was  not  made  more  than six weeks prior to the last day to file such petition; (b) he  has not signed more  than  one  petition  designating  or  nominating  a  candidate  for  mayor or village justice. If he has signed more than one  such petition, only the earliest signature for each such office shall be  valid; (c) he has not signed  more  than  one  petition  designating  or  nominating  a  candidate for each vacancy which exists for the office of  village trustee or village justice if the village has provided  for  two  such  justices.  If  he  has signed more than one such petition for each  such vacancy, only the earlier signatures shall be valid; or (d) he does  not vote at a primary election or party caucus  where  a  candidate  was  nominated for the same office or each such vacancy.    10.    A  written  objection  to  an  independent nominating petition,  designating petition or certificate of nomination shall be filed in  the  office  of  the  village  clerk no later than one day following the last  date upon which such petition or certificate may be filed or within  one  day after such petition or certificate is received by the village clerk,  if  such petition or certificate is mailed as provided by law, whichever  is later. Written specifications of the grounds of the objections  shall  be  filed with the village clerk within two days after the filing of the  written objection. A failure to file such written  specifications  shall  render  the  original  objection  null  and  void.  Upon receipt of such  written specification, the village clerk  shall  forthwith  notify  each  candidate  named  in  the  petition  or certificate and shall notify the  county board of elections of the county in which the village is located.  For purposes of this section, a village shall be deemed  to  be  located  within  a  county  if  more  than fifty percent of the population of the  village as shown by the last federal decennial or special census resides  in that portion of the village located in that county. Upon  receipt  ofthe  written  specifications  as  herein  required,  the county board of  elections shall immediately take all steps necessary and consistent with  this chapter to render a determination on the questions raised  in  such  objections and specifications. When a determination has been made by the  county   board   of   elections  that  the  petition  is  sufficient  or  insufficient, it shall immediately notify the  village  clerk  and  each  candidate   named   in   the  petition  or  certificate,  and,  if  such  determination was made on objection, the objector.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-15 > 15-108

§  15-108. Designation and nomination of candidates. 1. Nominations of  candidates for elective village offices shall be  made  as  provided  in  this section.    2.  a.  Party  nominations  of  candidates  for village offices in any  county shall be made at a party caucus or, if the rules  of  the  county  committee,   heretofore   or   hereafter  adopted  consistent  with  the  provisions of this chapter so provide, at a  primary  election.  If  the  rules  of the county committee of any political party provide that party  nominations for village offices of that party in any or all villages  in  the  county  shall  be  made at a village primary election, such primary  election shall be held forty-nine days prior to the date of the  village  election.  In  the  event there is no village committee with a chairman,  the chairman of the county committee or such other person or body as the  rules of such committee may provide, shall designate an enrolled  member  of  the  party  who  is  a qualified voter of the village as the village  election chairman.  Such  village  chairman  shall  have  general  party  responsibility  for  the  conduct  of  the  village  caucus  or  primary  election. For the purposes of this section, a village shall be deemed to  be located  within  a  county  for  the  purposes  of  county  political  organization if more than fifty percent of the population of the village  as  shown  by  the  last federal decennial, or special census resides in  that portion of the village located  in  that  county.  Such  nomination  shall  be  made  not  more than fifty-six, nor less than forty-nine days  prior to the date of the village election.    b. A notice of any village primary held for making  party  nominations  of  candidates  for  village  offices to be filled at a village election  shall be given by the proper party authorities by publication  at  least  once  in  each  of  the  two weeks preceding the primary in at least one  newspaper of general circulation within the village.    c. A notice of any party caucus held for making party nominations  for  village offices for village elections shall be given by the proper party  authorities by posting such notice in the public areas at the offices of  the  village  clerk and the board of elections and by filing such notice  with such clerk and such board at least ten days preceding  the  day  of  the  caucus and, either by newspaper publication thereof once within the  village at least one week and not more  than  two  weeks  preceding  the  caucus, or by posting such notice in six public places in the village at  least ten days preceding the day of the caucus.    d.  The  notice  shall  specify  the time and place or places, and the  purpose of such caucus or  primary,  including  the  offices  for  which  candidates will be nominated thereat. For such village primary or caucus  there shall be one or more polling places in each subdivision from which  a  candidate is nominated. There shall be a chairman and a secretary and  tellers for each such village primary or caucus, who shall be  appointed  by  the appropriate party officials. No person shall participate in such  primary or caucus who is not a resident of the village and  an  enrolled  voter  of  the party conducting the primary or caucus. At any primary or  caucus in which nominees are chosen by vote of the people in attendance,  the person eligible and receiving the highest number  of  votes  for  an  office  shall  be deemed nominated. Such village primary or caucus shall  not be conducted at any expense to the village.    e. Any party nomination made at any such  caucus  or  village  primary  shall be evidenced by the filing with the village clerk of a certificate  of  nomination  in  the  form prescribed by this chapter, as provided in  subdivision seven of this section. There shall be filed,  together  with  such  certificate, or within five days after the village clerk sends the  notice of failure to file  prescribed  by  this  paragraph,  a  list  of  enrolled  members  of  the party who have participated in such caucus orprimary. If such list is not filed with such  certificate,  the  village  clerk  shall  forthwith  send notice of the failure to file such list to  the persons who signed such certificate, by first class  mail,  together  with  a  notice that such list must be filed within five days after such  notice was mailed. Such list shall be certified by the presiding officer  or secretary of such caucus or primary.    3. a. Party designations for elective village offices shall be made on  a designating petition containing the signatures in ink of residents  of  the village who are registered to vote with the appropriate county board  of  elections  at  the  time  of  signing  and  who are enrolled in such  political party. The sheets of such a petition shall be  numbered.  Such  petition  must  set  forth in each instance the correct date of signing,  the name of the signer, and his or her  present  address,  and  may  set  forth  a  committee  to  fill  vacancies  consisting  of  at least three  qualified voters of  the  village  enrolled  in  such  party  and  their  residence  within the village. A signer need not himself or herself fill  in the date or residence.  Each  sheet  of  such  petition  must  be  in  substantially  the  following form and shall contain all the information  required therein:                          PARTY DESIGNATING PETITION     I, the undersigned do hereby state that I am a registered voter of the  Village of ...... and a duly enrolled voter  of  the ........ party  and  entitled  to  vote  at  the next primary election of such party, that my  place of residence is truly stated opposite my signature hereto,  and  I  hereby  designate the following named person (or persons) as a candidate  (or candidates) for nomination of such party for the public  office  (or  public  offices)  to  be voted for at the primary election to be held on  the ...... day of ........... 20.... as hereinafter specified.       Name of Candidate     Public Office      Term       Residence     ....................  .................   .......   ...............    ....................  .................   .......   ...............     I do hereby appoint (insert names and  addresses  of  at  least  three  persons,  all  of  whom  shall  be  enrolled  voters of said party) as a  committee to fill vacancies in accordance with  the  provisions  of  the  election law.    IN  WITNESS  WHEREOF,  I  have  hereunto set my hand, the day and year  placed opposite my signature.       Date             Name            Residence     .............    .............   ...............    .............    .............   ...............                             STATEMENT OF WITNESS     I ............... (name of witness) state: I am a duly qualified voter  of the State of New York; and an enrolled voter  of  the ......... party  and  now reside in the Village of ......... County of ......... State of  New York at ............ (residence  address)  therein.    Each  of  the  persons   whose   names   are   subscribed   to   this   petition  sheet  containing ......... signatures,  subscribed  his  or  her  name  in  my  presence.I  understand that this statement will be accepted for all purposes as  the equivalent of an affidavit and, if  it  contains  a  material  false  statement,  shall subject me to the same penalties as if I had been duly  sworn.    .......................                   ...........................        Date                                  Signature of Witness                          page no. .........     b.    Notwithstanding  any  other  provision  of  law,  the  number of  signatures required on a designating petition shall be five  percent  of  the number of enrolled voters of the party residing in the village.  For  the  purpose  of  determining  the  number of enrolled voters of a party  residing in the village, the clerk shall be furnished with  an  official  certified list of all such enrolled party voters residing in the village  by  the  county board of elections of the county in which all or part of  the village is located.  Such list shall be filed in the village clerk's  office and shall  be  available  upon  request  for  inspection  by  any  interested person.    4.  Independent nominations for elective village offices shall be made  by a petition containing the signatures  in  ink  of  residents  of  the  village  who  are  registered  with  the  appropriate  county  board  of  elections at the time of signing or who are residents of the village who  were on the list of registered voters for the last village  election  in  such  village.  The  sheets  of  such a petition shall be numbered. Such  petition must set forth in each instance the correct  date  of  signing,  the name of the signer and his or her present address, and may set forth  a  committee  to  fill  vacancies  consisting  of at least three persons  qualified to vote in the village election and their residence within the  village. A signer need not himself  or  herself  fill  in  the  date  or  residence.  Each  sheet  of  such  petition must be in substantially the  following form and shall contain all the  information  required  therein  except as may otherwise be permitted by law.                    VILLAGE INDEPENDENT NOMINATING PETITION     I,  the  undersigned,  do hereby state that I am a registered voter of  the Village of .........., that my present place of residence  is  truly  stated  opposite  my  signature,  and I do hereby nominate the following  named person (or persons) as a candidate (or as candidates) for election  to public office (or public offices) to be voted for at the election  to  be  held  on  the ..... day  of ........, 20....., and that I select the  name .............. (fill in name) as the name of the  independent  body  making the nomination (or nominations) and ..... (fill in emblem) as the  emblem of such body.      Name of Candidate     Public Office       Term        Residence     ....................  .................   ........    .................    ....................  .................   ........    .................   I do hereby appoint _ _ _ _          Name                            Residence     .............................   .................................    .............................   .................................  as  a  committee  to fill vacancies in accordance with the provisions of  the election law.    IN WITNESS WHEREOF, I have signed this petition on the  day  and  year  stated before my signature.Date             Signature          Residence    .............    .................  ...............    .............    .................  ...............                             STATEMENT OF WITNESS     I, ............... state  that  I  am  a  duly qualified voter and now  reside   at ............. (residence    address)    in    the    Village  of ........... in the State of New York in the County of ........ . Each  of  the  voters  whose  names  are  subscribed  to  this petition sheet,  containing ........ (fill in number) signatures, subscribed his  or  her  name in my presence.    I  understand that this statement will be accepted for all purposes as  the equivalent of an affidavit and, if  it  contains  a  material  false  statement,  shall subject me to the same penalties as if I had been duly  sworn.     Date ....................        ...........................                                        Signature of Witness     5. The name selected for the independent body  making  the  nomination  shall  be in the English language and shall not include the name or part  of the name, or an abbreviation of the name or of part of the name, of a  then existing party. The name and emblem shown upon such petition  shall  conform to the requirements of this chapter, relating to party names and  party  emblems.  If  such  a  petition  shall not show an emblem, or the  petition shall fail to select a name  for  such  independent  body,  the  village clerk shall select an emblem or name, or both to distinguish the  candidates nominated thereby.    6.  An  independent  nominating  petition for a village office must be  signed  by  at  least  one  hundred  voters  in  villages  containing  a  population  of five thousand or more; by at least seventy-five voters in  villages containing a population of three thousand and  less  than  five  thousand;  and  by  at  least  fifty  voters  in  villages  containing a  population of one thousand and less than three thousand; and in villages  containing a population of less than one thousand by voters numbering at  least five per centum of the  number  of  voters  at  the  last  regular  village  election. For the purposes of this section, the population of a  village shall be determined by  the  last  federal  decennial  or  local  special  population  census  federally  supervised  pursuant  to section  twenty of the general municipal law.    7. a. A certificate of party nomination for an office to be filled  at  the  time  of a general or special village election for offices shall be  filed not earlier than fifty-four days nor later than  forty-seven  days  preceding the election.    b.  A  certificate  of acceptance or declination of a party nomination  for an office to be filled at the time of a general or  special  village  election  shall  be  filed  not later than forty-four days prior to such  election.    c. A certificate to fill a vacancy caused by declination  of  a  party  nomination  for  an  office  to  be  filled  at the time of a general or  special village election shall be filed not later  than  forty-one  days  prior to such election.    d. Party designating petitions for a village primary election shall be  filed  in  the  office  of the village clerk not earlier than twenty-two  days nor later than fifteen days prior to  the  primary  election.  Upon  such  a  filing,  the village clerk shall immediately notify the village  election chairman of such party and the person or persons designated  insuch  petition  of the fact of such filing and that such petition may be  inspected in his office.    (e)  A written declination of a party designation must be filed in the  office of the village clerk within three days of the date of the  filing  of  the  designating  petition. Upon the filing of such declination, the  village clerk shall,  within  one  day  notify  the  committee  to  fill  vacancies  named  in  the  petition.  A  certificate to fill the vacancy  caused by a declination or any other  reason  must  be  filed  with  the  village  clerk  within  three  days  after the date of the notice to the  committee to fill vacancies and shall have appended thereto the  written  consent of the person or persons designated.    8. a. An independent nominating petition for an office to be filled at  the  time  of  a  general or special village election shall be filed not  earlier than forty-two days nor later than  thirty-five  days  preceding  the election.    b.  A  certificate  of  acceptance  or  declination  of an independent  nomination for an office to be filled  at  the  time  of  a  general  or  special  village election shall be filed not later than three days after  the  last  day  to  file  the  petition  which  made  such   independent  nomination.    c.  A  certificate  to  fill  a  vacancy caused by a declination of an  independent nomination for an office to be  filled  at  the  time  of  a  general or special village election for offices shall be filed not later  than  three  days  after  the  last  day  to  file  the  certificate  of  declination, and shall have appended thereto the written consent of  the  person or persons nominated.    9.  Any village resident who is a registered voter of the village and,  in the case of a designating petition, an enrolled member of  the  party  filing  the  petition,  may sign an independent nominating petition or a  designating petition providing that: (a) such  signature  was  not  made  more  than six weeks prior to the last day to file such petition; (b) he  has not signed more  than  one  petition  designating  or  nominating  a  candidate  for  mayor or village justice. If he has signed more than one  such petition, only the earliest signature for each such office shall be  valid; (c) he has not signed  more  than  one  petition  designating  or  nominating  a  candidate for each vacancy which exists for the office of  village trustee or village justice if the village has provided  for  two  such  justices.  If  he  has signed more than one such petition for each  such vacancy, only the earlier signatures shall be valid; or (d) he does  not vote at a primary election or party caucus  where  a  candidate  was  nominated for the same office or each such vacancy.    10.    A  written  objection  to  an  independent nominating petition,  designating petition or certificate of nomination shall be filed in  the  office  of  the  village  clerk no later than one day following the last  date upon which such petition or certificate may be filed or within  one  day after such petition or certificate is received by the village clerk,  if  such petition or certificate is mailed as provided by law, whichever  is later. Written specifications of the grounds of the objections  shall  be  filed with the village clerk within two days after the filing of the  written objection. A failure to file such written  specifications  shall  render  the  original  objection  null  and  void.  Upon receipt of such  written specification, the village clerk  shall  forthwith  notify  each  candidate  named  in  the  petition  or certificate and shall notify the  county board of elections of the county in which the village is located.  For purposes of this section, a village shall be deemed  to  be  located  within  a  county  if  more  than fifty percent of the population of the  village as shown by the last federal decennial or special census resides  in that portion of the village located in that county. Upon  receipt  ofthe  written  specifications  as  herein  required,  the county board of  elections shall immediately take all steps necessary and consistent with  this chapter to render a determination on the questions raised  in  such  objections and specifications. When a determination has been made by the  county   board   of   elections  that  the  petition  is  sufficient  or  insufficient, it shall immediately notify the  village  clerk  and  each  candidate   named   in   the  petition  or  certificate,  and,  if  such  determination was made on objection, the objector.