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NY A00228
Bill
Status
1/5/2011
Primary Sponsor
James Brennan
Click for details
AI Summary
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Allows an aggrieved candidate to contest any special or general election through a proceeding in New York Supreme Court.
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Requires contested election proceedings to be instituted within twenty days after the election, with either party able to demand a jury trial.
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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.
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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.
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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