New York Statutes  regarding election law and political parties:

 

(notes by John Manimas Medeiros, March 2017   >>>)

 

 

Party committees:  Sec. 2-100.

Party committees shall consist of a state committee, county committees, and such other committees as the rules of the party may allow.

 

State committee:  Sec. 2-102

1. The members of the state committee of each party shall be elected from such units of representation as the state committee shall by rule provide.  The number of members representing each unit may vary, but each member shall be entitled to an equal vote within his unit.  Each member of the state committee shall be entitled to cast one vote unless the rules of the party shall provide otherwise.

2. Each member shall be, at the time of his election and continuously thereafter, an enrolled member of the party and a resident of the unit from which he is elected except as hereinafter provided.

3. To be eligible for election as a member of the state committee at the first election next ensuing after a readjustment or alteration of the units of representation becomes effective, a candidate must only have been a resident of the county in which the unit, or any part thereof, is contained for the twelve months immediately preceding the election.

4. The state committee may provide by rule for equal representation of the sexes on said committee.  When any such rule provides for equal representation of the sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes.

5. The state committee may provide for the holding of a state convention and the election of delegates and alternate delegates thereto in any year and may empower such convention to adopt party platforms and policies and to transact such other business as it may prescribe.

 

County committee:  Sec. 2-104:

1. The county committee of each party shall be constituted by the election in each election district within such county of at least two members and of such additional members, not in excess of two, as the rules of the county committee of the party within the county or the statement filed pursuant hereto may provide for such district, proportional to the party vote in the district for governor at the last preceding gubernatorial election, or in case the boundaries of such district have been changed or a new district has been created since the last preceding gubernatorial election, proportional to the party vote cast for member of assembly or in the event there was no election for member of assembly, then proportional to the number of enrolled voters of such party in such district on the list of enrolled voters last published by the board of elections, excluding voters in inactive status.  In a county in which no additional members are provided for by the rules of the county committee or the statement filed pursuant hereto the voting power of each member shall be in proportion to such party vote or, if the election district which such member represents was created or changed since the last election for member of assembly, proportional to such party enrollment.  In a county in which additional members are so provided for, on the basis of the party vote or enrollment in election districts within such county, each member shall have one vote.  Each member of a county committee shall be an enrolled voter of the party residing in the county and the assembly district from which or in the assembly district containing the election district in which such member is elected except that a member of a county committee who, as a result of an alteration of assembly district lines, no longer resides within such assembly district may continue to serve for the balance of the term to which he was elected.

2. If, pursuant to section one of article thirteen of the constitution, such committee or a state convention of the party shall provide by rule for equal representation of the sexes on such committee, the rules of such committee relative to additional members, either from election districts or at large, shall be formulated and applied in such manner that the whole membership shall consist of an even number, equally divided between the sexes.  When any such rule provides for equal representation of the sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes.

3. Notwithstanding the provisions of subdivision one of this section, a county committee of a party shall be legally constituted if twenty-five per centum of the committeemen required to be elected in such county, as provided in subdivision one of this section, have been elected.

 

State and county committees; election of members:  Sec. 2-106:

1. Members of the state and county committees shall be elected at the primary election as herein provided.

2. Members of the state committee shall be elected biennially.

3. Members of county committees shall be elected biennially, except that to effect a transition from either odd to even or even to odd number year elections, a county committee may provide by an amendment to its rules filed with the board of elections at least four months before the date of the primary election at which the two year term of such committee is expiring, that the committee elected at such election shall be elected for a single, interim one-year term for members of such committee.  No committee may effect such a change in the year of election more than once every ten years.

4. Members shall hold office until the next election at which members of the committee are elected.

 

State and county committees, new party:  Sec. 2-108:

The state committee and county committees of a new political party, which meet prior to the first primary for which members of such party shall have become enrolled, shall be formed as provided by the rules of such party.

 

Committees other than state and county:  Sec. 2-110:

1. All committees other than state and county committees shall be formed in the manner provided for by the rules of the party.

2. In the city of New York there shall be the party positions of assembly district leaders or, if the rules of the county committee shall so provide, one assembly district leader and one associate assembly district leader.  Outside the city of New York there shall be such positions when the rules of the county committee shall so provide.  Such leaders shall be elected at primary elections as herein provided, within every county in such city for each assembly district, or for each part of an assembly district within such county as may be designated for the purpose in the rules of the county committee, and in every county of the state outside of such city where the rules so provide, for such assembly district or part thereof within such county as may be designated in such rules for the purpose.  Such assembly district leaders or such assembly district leader and associate assembly district leader shall be of opposite sexes, if the rules of the county committee shall so provide, and shall be enrolled voters of the party residing within the assembly district and, if the rules of the county committee shall so provide, within the part of the assembly district for which they are to be elected, and shall be elected at the same primary election and for the same term as members of the county committee.  When any such rule provides for equal representation of sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sexes.  Each shall perform such duties, powers and functions as the rules of the county committee may prescribe.  Vacancies in such positions shall be filled by the members of the county committee within the assembly district or part thereof, as the case may be, until the first primary election following the creation of such vacancy or vacancies for which the period for circulating designating petitions ends at least seven days after the creation of such vacancy or vacancies, at which time the successor or successors shall be directly elected as herein provided.  Assembly district leaders and associate assembly district leaders shall automatically be members and shall have the right to participate and vote in meetings of the county committee or any subcommittee thereof.  The county committee may provide by its rules that the members of the state committee, elected in accordance with the provisions of this chapter, shall possess the duties, powers and functions of an assembly district leader or an associate assembly district leader.  In such event the provisions of this section shall not apply to the members of the state committee but upon his election as a member of the state committee, such person shall be deemed to have also been elected as an assembly district leader or an associate assembly district leader.

3. To be eligible for election as assembly district leader or associate assembly district leader at the first election next ensuing after a readjustment or alteration of the units of representation becomes effective, a candidate must only have been a resident of the county in which the unit, or any part thereof, is contained for the twelve months immediately preceding the election.

 

 

 

Committees; organization:  Sec. 2-112:

1. Every state committee shall within fifteen days after its election, every county committee shall within twenty days after its election, and all other committees shall within the time specified by party rules, meet and organize by electing a chairman, a secretary, a treasurer and such other officers as they may by their rules provide.  Within three days after their meetings all state and county committees shall file in the office of the state board of elections a certificate stating the names and post office addresses of such officers.  County committees and any other committee contained therein shall file a copy of such statement with their county board of elections.

2. Such officers shall be enrolled members of the party, but need not be members of such committees.

 

Committees, rules:  Sec. 2-114:

 

1. Each committee may prepare rules for governing the party within its political unit.  Within ten days after the adoption of any rule or amendment thereto a certified copy thereof shall be filed by the state committee in the office of the state board of elections, and by the county committee in the office of the state board of elections, and in the office of the board of elections of the county.  If a section or portion of such rules relate to the nomination of candidates for village office, such section or portion of such rules shall be filed in the office of the village clerk of all villages in which elections are conducted by the village and in which the party makes any nominations for village office.  No rule or amendment thereof shall be effective until the filing thereof in the office of the state board of elections.  Such rules shall continue to be the rules for the committee until they are amended or new rules adopted.

2. Rules may be amended or new rules adopted from time to time by a majority vote of the members of the committee present at a meeting at which there is a quorum, provided a copy of the proposed amendment shall be sent with the notice of the meeting at which such amendment is to be proposed, such notice to be mailed not less than five days before such meeting to the post office address of each member of the committee.

 

 

Committee, removal of member:  Sec. 2-116:

A member or officer of a party committee may be removed by such committee for disloyalty to the party or corruption in office after notice is given and a hearing upon written charges has been had.  The hearing shall be held by the committee, or a subcommittee thereof appointed for that purpose, which subcommittee shall report its findings to the full committee.

 

 

Committees, vacancies, change boundaries:  Sec. 2-118:

 

1. In the case of the death, declination, enrollment in another party, removal from the unit or removal from office of a member of a committee, or the failure to nominate or elect a member, the vacancy created thereby shall be filled by the remaining members of the committee by the selection of an enrolled voter of the party qualified for election from the unit of representation in which such vacancy shall have occurred.  When a state committee fills a vacancy pursuant to this subdivision, the chairman or secretary of such committee shall, within ten days after such vacancy is filled, file a certificate with the state board of elections setting forth the name, address, and unit of representation of the person so selected.

2. If the boundaries of any unit of representation be changed after the election of members of a state committee or assembly district leaders or associate assembly district leaders, the terms of members, assembly district leaders or associate assembly district leaders elected in such units of representation and the units of representation which such members, assembly district leaders or associate assembly district leaders represent shall continue until the next regularly scheduled election for such party positions and until their successors are elected.

3. The county committee, upon its organization after the election of its members, or at any time thereafter, may determine that a vacancy or vacancies in such committee exists by reason of an increase in the number of election districts within the county occasioned by a change of the boundaries of one or more election districts, taking effect after such election, and may determine the districts that the elected members shall represent until the next election at which members of such committee are elected.  A vacancy so determined to exist shall be filled as provided in subdivision one.

 

 

Party position, primary election, file statements:  Sec. 2-120:

 

1. The chairman of the county committee of each party or such person as may be designated by the rules of the county committee shall file with the board of elections not later than two weeks before the first day on which designating petitions for a primary election may be signed, a statement of the party positions to be filled by such party at such primary election, and the number of persons to be elected to each position;  provided, however, that failure to file such statement shall not be construed as a prerequisite to filing designating petitions for such position.

2. If the party positions to be filled are elected from a district which includes parts of two or more counties, the chairman of the state committee of each party or such person as may be designated by the rules of the state committee shall file such statement with the state board of elections and the board of elections for each county within such district.

3. In each county within the city of New York, and in each county outside of such city where the rules of the county committee of a party provide for the election of assembly district leaders, or one assembly district leader and one associate assembly district leader from parts of an assembly district, the statement filed by such committee shall also set forth the election districts contained within each such part of such assembly district.

 

National party conventions, delegates, election:  Sec. 2-122:

 

Delegates and alternates to a national convention of a party shall be elected from congressional districts, or partly from the state at large and partly from congressional districts, as the rules of the state committee may provide.  Such delegates and alternates from the state at large shall be elected by the state committee or by a state convention of the party, as the rules of the state committee shall prescribe.  If the rules of a national party provide for equal representation of the sexes among delegates elected from districts, such district delegates shall be elected separately by sex.  District delegates and alternates to national party conventions and delegates, and alternates, if any, to such a state convention shall be elected at a primary.  All delegates and alternates to a national party convention shall be enrolled members of such party.  When any such rule provides for equal representation of the sexes, the designating petitions and primary ballots shall list candidates for such party positions separately by sex.

Party names and emblems:  Sec. 2-124:

 

1. The state committee of a party shall select a name and emblem to distinguish the candidates of the party for public office in all districts of the state, and shall file in the office of the state board of elections, a certificate executed by its chairman and secretary, setting forth the name and showing the emblem so selected.

2. The name of a party shall be in the English language and shall not include the words “American”, “United States”, “National”, “New York State”, “Empire State”, or any abbreviation thereof, nor the name or part of the name, or an abbreviation of the name, of an existing party.  The emblem chosen may be a star, an animal, an anchor, or any other proper symbol, but may not be the same as or similar to any emblem, insignia, symbol or flag used by any political or governmental body, agency or entity nor any religious emblem, insignia, symbol or flag, nor the portrait of any person, nor the representation of a coin or of the currency of the United States.  The name and emblem chosen shall not be similar to or likely to create confusion with the name or emblem of any other existing party or independent body.

3. If the name of any party shall contain more than fifteen letters, the state committee shall similarly select and certify an abbreviated form thereof, containing not more than fifteen letters, to be used upon the ballot whenever the necessities of space so require.

4. Emblems and names which have been continuously used by any party or independent body for the nomination of candidates for governor may continue to be used by such party or independent body.

 

Party funds, restrictions:  Sec. 2-126:

 

No contributions of money, or the equivalent thereof, made, directly or indirectly, to any party, or to any party committee or to any person representing or acting on behalf of a party or party committee, or any moneys in the treasury of any party, or party committee, shall be expended in aid of the designation or nomination of any person to be voted for at a primary election either as a candidate for nomination for public office, or for any party position.

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