Cases Involving New York Election Law Section 16-102

In Baird v. Ness, 109 A.D.2d 975, 492 N.Y.S.2d 473 (3rd Dept. 1985), the petitioners commenced proceedings to declare invalid the independent nominations of two candidates for the office of trustee in a village general election. Those proceedings, notably related to a challenge regarding certificates of acceptance, were properly commenced pursuant to Election Law 16-102(1). In Baird, the Third Department rejected the petitioners' argument that time limitations set forth in Election Law 16-102(2) were inapplicable to those proceedings as it was not a "proceeding with respect to a petition." This Court similarly rejects the Respondents' argument herein. Election Law 16-102(1) specifies the manner in which an aggrieved candidate may commence a judicial proceeding to challenge the nomination of a candidate for public office. This Court rejects the Respondents' argument that an aggrieved candidate may only institute a proceeding to challenge a "petition" and not a certificate of acceptance. The requirement of first filing objections with the Village Clerk prior to commencing judicial proceedings are for persons "who shall have filed objections, pursuant to this chapter," and is not a requirement for aggrieved candidates. Election Law 16-102 (1).