2013 New York Consolidated Laws
ELN - Election
Article 16 - (16-100 - 16-120) JUDICIAL PROCEEDINGS
16-102 - Proceedings as to designations and nominations, primary elections, etc.

 
    §  16-102.  Proceedings  as  to  designations and nominations, primary
  elections, etc. 1. The nomination or designation of  any  candidate  for
  any  public  office  or party position or any independent nomination, or
  the holding of an uncontested primary election, by reason of a  petition
  for  an  opportunity to ballot having been filed, or the election of any
  person to any party position may be contested in a proceeding instituted
  in the supreme court by any aggrieved candidate, or by the  chairman  of
  any  party  committee or by a person who shall have filed objections, as
  provided in this chapter, except that the chairman of a party  committee
  may  not bring a proceeding with respect to a designation or the holding
  of an otherwise uncontested primary.
    2. A proceeding with respect to a petition shall be instituted  within
  fourteen  days  after the last day to file the petition, or within three
  business days after the  officer  or  board  with  whom  or  which  such
  petition  was filed, makes a determination of invalidity with respect to
  such petition, whichever is later; except that a proceeding with respect
  to a petition for a village election or an independent nomination for  a
  special  election  shall  be instituted within seven days after the last
  day to file the  petition  for  such  village  election  or  independent
  nomination or within three business days after the officer or board with
  whom  or  which  such  petition  was  filed,  makes  a  determination of
  invalidity  with  respect  to  such  petition,  whichever  is  later.  A
  proceeding  with  respect  to  a primary, convention, meeting of a party
  committee, or caucus shall be  instituted  within  ten  days  after  the
  holding  of  such primary or convention or the filing of the certificate
  of nominations made at such caucus or meeting of a party committee.
    3. The court may direct reassembling of any convention or the  holding
  of  a new primary election, or caucus where it finds there has been such
  fraud or irregularity as to render impossible a determination as to  who
  rightfully was nominated or elected.
    4.  A  final order in any proceeding involving the names of candidates
  on ballots or voting machines shall be made, if possible, at least  five
  weeks  before  the  day  of the election at which such ballots or voting
  machines are to be used, or if such proceeding is commenced within  five
  weeks of such election, no later than the day following the day on which
  the case is heard.