NY A05042

Allows an aggrieved candidate to contest a general or special election in state supreme court upon evidence of fraud, irregularities, or violations of election law affecting the outcome.

Requires contested election proceedings to be instituted within 20 days after the election, with the court authorized to determine issues of fact and law.

Mandates that courts invalidate election results and order a new election if clear and convincing evidence demonstrates that fraud, irregularity, or legal violations deprived the candidate of a winning margin.

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 courts to issue injunctions preventing a candidate from wrongly assuming office pending the new election, with public officers law provisions applying during the interim period.