A 158: Allows for limited three-day expansion of the statute of limitations where a proceeding to invalidate a designating or nominating petition has been commenced.
The bill aims to improve the process of designating and nominating petitions in New York State. A proceeding with respect to a petition must be instituted within a specified timeframe, depending on the type of election or nomination. For example, for village elections or nominations, the proceeding must be instituted within seven days after the last day to file the certificate or petition. For primary elections, conventions, or other party meetings, the proceeding must be instituted within ten days after the event. The bill also states that the proceedings must be instituted within the timeframe specified, whichever is later. The changes take effect immediately.
| Jan. 07, 2026 | referred to election law |
| Jan. 08, 2025 | referred to election law |
STATE OF NEW YORK ________________________________________________________________________ 158 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. R. CARROLL, SEAWRIGHT, EPSTEIN, SHIMSKY, GLICK, JACOBSON -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to proceedings with respect to designating and nominating petitions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 16-102 of the election law, as 2 amended by chapter 474 of the laws of 2023, is amended to read as 3 follows: 4 2. A proceeding with respect to a petition shall be instituted: (a) 5 within fourteen days after the last day to file the petition[,]; (b) 6 within four days after the last day that a certificate to fill a vacancy 7 in a designation shall be filed[, or]; (c) within three business days 8 after the officer or board with whom or which such petition was filed, 9 makes a determination of invalidity with respect to such petition or 10 certificate to fill a vacancy; or (d) within three business days after 11 the proper service of pleadings for a timely proceeding to invalidate a 12 petition, whichever is later; except that a proceeding with respect to a 13 petition for a village election or a nomination for a special election 14 shall be instituted within seven days after the last day to file the 15 certificate or petition for such village election or nomination or with- 16 in three business days after the officer or board with whom or which 17 such certificate or petition was filed, makes a determination of inva- 18 lidity with respect to such certificate or petition, whichever is later. 19 A proceeding with respect to a primary, convention, meeting of a party 20 committee, or caucus shall be instituted within ten days after the hold- 21 ing of such primary or convention or the filing of the certificate of 22 nominations made at such caucus or meeting of a party committee. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00289-01-5