N.Y. Comp. Codes R. & Regs. tit. 9 § 6204.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6204.1 - Specification of objections to designating and independent nominating petitions and certificates

(a) Any person filing general objections to any designating, independent nominating petition, or certificate filed with the State Board of Elections or a board of elections who thereafter files specifications of objections to any such petition or certificate with such board shall do so in accordance with the provisions of section 6-154 of the Election Law. All such specifications shall substantially comply with the following requirements:

(1) the volume number, page number, and line number of any signature objected to on any petition shall be set forth in detail. In addition, any portion of any petition or any signature line or witness statement objected to shall be specifically identified and reasons given for any such objection;

(2) the total number of signatures objected to shall be set forth and all objections relating to a single signature line should be grouped together;

(3) symbols and/or abbreviations may be used to set forth objections, provided that a sheet explaining the meaning of any such symbols and/or abbreviations is attached to the specifications; and

(4) all text should be provided using a font size of not less than ten points and formatted for a page measuring 8 1/2 x 11 inches, provided however, the use of text and formatting not in compliance with the provisions of this subdivision shall not be a fatal defect.

(b) No specifications of objections to any petition or certificate will be considered by the board unless the objector filing the specifications personally delivers or mails by overnight mail a duplicate copy of the specification to each candidate for public office named on the petition or certificate. In the case of a petition or certificate containing candidates for party positions, service of the specifications shall be made on either the named candidates or the first person named on the petition's committee to fill vacancies. Service shall be made on or before the date of filing of any specifications with the board. Proof of service shall accompany the specifications or be received by the end of business two days following the filing of the specifications, whichever is later. A petition or certificate shall be considered a separate instrument as to each candidate named therein. For purposes of making an objection, an objection may be made against specific candidates named on a petition or certificate and not others also named, and in which case service of specifications shall only be required upon the candidate or candidates against whom objections are made.

(c) Any notice and/or determination relating to a petition or certificate for which specifications of objections have been filed shall be transmitted by the board to the objector filing the specifications, provided that any such objector may designate an attorney or agent to receive any such notice and/or determination on his behalf. Any such designation shall be in writing and include the name, address, email address and telephone number of any such attorney or agent, and any such attorney and/or agent shall be eligible to represent any such objector in any proceeding conducted by the board relating to the specifications.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6204.1

Amended New York State Register October 18, 2023/Volume XLV, Issue 42, eff. 10/18/2023