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NY A00228

Bill

Status

Introduced

1/5/2011

Primary Sponsor

James Brennan

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Allows an aggrieved candidate to contest any special or general election through a proceeding in New York Supreme Court.

  • Requires contested election proceedings to be instituted within twenty days after the election, with either party able to demand a jury trial.

  • Authorizes the court to order a new election if clear and convincing evidence demonstrates that fraud, irregularity, or voting machine failure deprived the aggrieved candidate of a winning margin of votes.

  • Schedules new elections for the fifth Tuesday after the court's order, or the next non-holiday Tuesday if the fifth Tuesday falls on a religious, federal, or state holiday.

  • Permits the court to issue an injunction preventing a candidate from wrongly assuming office until the new election is held.

Legislative Description

Provides that a court may require that a new election be held when there is clear and convincing evidence that the wrong candidate was determined to be the winner.

Last Action

referred to election law

1/5/2011

Committee Referrals

Election Law1/5/2011

Full Bill Text

No bill text available