2019 New York Laws
ELN - Election
Article 16 - Judicial Proceedings
16-106 - Proceedings as to the Casting and Canvass of Ballots.

§  16-106.  Proceedings  as  to the casting and canvass of ballots. 1.
  The casting or canvassing or refusal to cast challenged  ballots,  blank
  ballots,  void  or  canvass absentee, military, special federal, federal
  write-in or emergency ballots and ballots voted in  affidavit  envelopes
  by  persons  whose  registration  poll records were not in the ledger or
  whose names were not on the computer generated registration list on  the
  day  of election or voters in inactive status, voters who moved to a new
  address in the city or county or after they  registered  or  voters  who
  claimed  to  be  enrolled  in  a  party  other  than that shown on their
  registration poll record or on the computer generated registration  list
  and  the  original applications for a military, special federal, federal
  write-in, emergency or absentee voter's ballot may  be  contested  in  a
  proceeding  instituted  in the supreme or county court, by any candidate
  or the chairman of any party committee, and by any voter with respect to
  the refusal to cast such voter's ballot, against the board of canvassers
  of the returns from such district, if any,  and  otherwise  against  the
  board  of  inspectors  of  election  of  such  district.  If  the  court
  determines that the person who cast such ballot was entitled to vote  at
  such  election,  it  shall order such ballot to be cast and canvassed if
  the court finds that ministerial error by the board of elections or  any
  of  its  employees  caused  such  ballot envelope not to be valid on its
  face.
2. The canvass of returns by the  state,  or  county,  city,  town  or
  village board of canvassers may be contested, in a proceeding instituted
  in the supreme court by any voter, except a proceeding on account of the
  failure  of  the  state board of canvassers to act upon new returns of a
  board of canvassers of any county made pursuant to the order of a  court
  or  justice,  which may be instituted only by a candidate aggrieved or a
  voter in the county.
3. The attorney general, on behalf of the state, and the  chairman  of
  the  state  committee  of  a party, may institute any proceeding allowed
  herein relating to the returns of canvass by inspectors upon the vote of
  any ballot proposal submitted to the people of the state.
4. The court may direct a recanvass or the correction of an error,  or
  the  performance  of  any  duty  imposed by law on such a state, county,
  city, town or village board of inspectors, or canvassers.
5. A proceeding under subdivisions one and three of this section  must
  be  instituted  within  twenty  days  and  under subdivision two, within
  thirty days  after  the  election  or  alleged  erroneous  statement  or
  determination  was  made, or the time when the board shall have acted in
  the particulars as to which it is claimed to have failed to perform  its
  duty,  except  that such a proceeding with respect to a village election
  must be instituted within  ten  days  after  such  election,  statement,
  determination or action.