| GENERAL INFORMATION ON
PETITIONS
NOTE: The information
contained here is intended to provide general guidance for those who are
preparing to circulate petitions, and is not to be used as a substitute
for consulting the Election Law for specific petition requirements.
Persons wishing to run for
elective office may be nominated either by a political party or through
the filing of an independent nominating petition. Party members may also
circulate petitions to create the opportunity to write in the name of an
unspecified person for an office in which there is no contest for the
party endorsement. The current political parties are the Republican,
Democrat, Independence, Conservative, Liberal, Right to Life, Green and
Working Families parties. Any person who is not nominated by one of
these parties must file an independent nominating petition. The
requirements for all petitions are contained in Article
6 of the Election Law. The provisions for village elections vary
slightly, and the reader is directed to Article
15 of the Election Law for specifics.
Party Nominations
Party nomination of
candidates for elective office is made at either a party caucus or at a
primary election.
Caucuses
A caucus is an open meeting
of a town or village's political party at which candidates are nominated
for elective office. Only residents of the town or village who are
enrolled members of the party may participate in the caucus. For further
information on caucuses see, Election
Law §6-108 (towns) and §15-108 (villages).
Designating
Petitions
If a party nominates its
candidates through the primary election process, party designations for
this primary are made on a designating petition. The Election Law sets
forth the form of this petition; §6-132
(state, county and town offices) and §15-108 (village offices).
Only enrolled members of a party qualified to vote for an office may
sign designating petitions of the party.
Nomination of
Non-Party Member
Political parties may
nominate a candidate who is not an enrolled member of the political
party. Such parties must file a certificate of authorization, signed and
acknowledged by the presiding officer and the secretary of the meeting
at which such authorization is given. A certificate of authorization is
not needed for nominations resulting from a caucus or for a candidate
for a judicial office.
Independent
Nominations
To run for office on a line
other than an official party line, one must file an independent
nominating petition. The Election Law sets forth the form of this
petition; §6-140
(state, county and town offices) and §15-108 (village offices). Any
registered voter who has not already signed a designating petition, and
who is qualified to vote for an office, may sign an independent
nominating petition for that office.
Form of Petitions
The statute requires that
all petitions be substantially in the form set forth in the law. See, Election
Law §6-132 (party designating petitions), §6-140 (independent
nominating petitions) and §15-108 (village designating and independent
petitions). Deviations or slight rearrangements of the form of
petition are not fatal defects, provided that the petition contains all
of the required information.
Each sheet of the petition
must correctly set forth:
- the date of the election;
- the name of the candidate
and the office or position sought;
- the candidate's
residence, and if different, their mailing or post office address;
- information about the
signer: date of signing, voter's residence address, town or city and
- information relating to
the person who witnesses the signatures.
A petition may include a
committee on vacancies. Failure to provide such a committee, or naming a
committee of fewer than three persons, will not invalidate the petition.
The voter need only sign the
appropriate line on the petition sheet. All other information may be
filled in by someone else. Corrections may be made to any information on
the signature line. However, corrections or alterations in the date or
the signature MUST be initialed by the person making the correction.
Voters may not sign a
petition for more candidates than there are openings for an office. For
example, if there is one council seat open, then the voter may only sign
one petition for a candidate for that office. If there are 2 seats open,
the voter may sign petitions for 2 candidates.
The pages of a petition must
be sequentially numbered and securely fastened.
Witnesses to a Petition
Anyone who is qualified to
sign a petition may witness a petition. The information required for the
witness statement is mandatory. Omissions, errors, or unexplained
alterations/corrections, may invalidate the entire page. When the
witness signs the statement of witness, they are making an oath that
subjects them to the penalties for perjury if any of the information
preceding their signature is false. The information preceding the
signature includes the name and residence of the witness; the number of
signatures on the page; a statement that each person signed in their
presence; and the date they are signing the statement. Witness
identification information, which follows the witness's signature, may
be provided by anyone, at any time before the petition is filed. This
information includes the town or city; and the county of the witness's
registration.
Cover Sheets
If there are 10 or more
pages in a petition, there must be a cover sheet. In New York City, and
in other counties where identification numbers are used, only one cover
sheet is required, regardless of the number of volumes in the petition.
In all other instances, a multi-volume petition requires a cover sheet
for each volume.
Cover sheets must contain
the following information:
- Name, residence address, and mailing
address if different, of the candidate.
- The public office or party position
sought.
- The name of the party or independent
body making the nomination.
- A statement that the petition contains
a number of signatures equal to or in excess of the number required
by statute.
- The volume number OR identification
number of that volume.
- The total number of volumes in each
petition OR the identification number for each volume of the
petition.
The following information is
optional:
- The name, residence address, (and
mailing address if different) telephone number, and facsimile number
of the person designated to receive notice of deficiencies in
binding or cover sheet requirements.
There are additional
requirements if the petition contains candidates for county committee,
and if there are different candidates on the several pages of the
petition. Those requirements are contained in Part
6215 of the rules and regulations of the State Board of Elections.
Pursuant to Part
6215 of the rules and regulations of the State Board of Elections,
the Board will provide notice of any correctable errors in cover sheet(s)
and binding.
Filing of
Petitions, Acceptances, Authorizations and Declinations
All filings must be filed
timely (See
the Political Calendar) and in the proper manner at the appropriate
board of elections. No filings will be accepted by facsimile. Candidates
must file a certificate of acceptance for nominations made by
independent nominating petitions, or if they are named in a designating
petition but are not enrolled members of that party. Neither an
authorization nor an acceptance is required if the individual is a
candidate for a judicial office. A declination must be filed should the
candidate decide not to accept the designation or nomination.
Objections
Every petition is presumed
to be valid when filed, if, on its face, it appears to be in proper form
and to contain enough signatures. However, a registered voter may
challenge the validity of a petition. Written objections must be filed
within 3 days after the petition is filed (1 day in a village election).
Specifications of objections must be filed within 6 days of filing the
general objections (2 days in a village election). For petitions filed
with the State Board of Elections, objectors must deliver a copy of the
specifications of objections to the candidate and file proof of such
delivery with the State Board. For further details see Election
Law §6-154 and §15-108 and Part 6204 of the rules and regulations
of the State Board of Elections.
Where to File
Petitions |
