N.Y. Election Law Section 6-120
Designation and nomination

  • restrictions


A petition, except as otherwise herein provided, for the purpose of designating any person as a candidate for party nomination at a primary election shall be valid only if the person so designated is an enrolled member of the party referred to in said designating petition at the time of the filing of the petition.


Except as provided in subdivisions three and four of this section, no party designation or nomination shall be valid unless the person so designated or nominated shall be an enrolled member of the political party referred to in the certificate of designation or nomination at the time of filing of such certificate.


The members of the party committee representing the political subdivision of the office for which a designation or nomination is to be made, unless the rules of the party provide for another committee, in which case the members of such other committee, and except as hereinafter in this subdivision provided with respect to certain offices in the city of New York, may, by a majority vote of those present at such meeting provided a quorum is present, authorize the designation or nomination of a person as candidate for any office who is not enrolled as a member of such party as provided in this section. In the event that such designation or nomination is for an office to be filled by all the voters of the city of New York, such authorization must be by a majority vote of those present at a joint meeting of the executive committees of each of the county committees of the party within the city of New York, provided a quorum is present at such meeting. The certificate of authorization shall be filed not later than four days after the last day to file the designating petition, certificate of nomination or certificate of substitution to which such authorization relates, provided, however, such certificate shall be filed not later than nine days following the issuance of a proclamation of a special election held pursuant to paragraph b of subdivision three of Public Officers Law § 42 (Filling vacancies in elective offices)section forty-two of the public officers law. The certificate of authorization shall be signed and acknowledged by the presiding officer and the secretary of the meeting at which such authorization was given.


This section shall not apply to a political party designating or nominating candidates for the first time, to candidates nominated by party caucus, nor to candidates for judicial offices.

Source: Section 6-120 — Designation and nomination; restrictions, https://www.­nysenate.­gov/legislation/laws/ELN/6-120 (updated Mar. 25, 2022; accessed Jun. 22, 2024).

Jun. 22, 2024

Last modified:
Mar. 25, 2022

§ 6-120’s source at nysenate​.gov

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