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New York Primary Challenge
NYS ELECTION LAW 2010
Candidates for committeemen can file petitions at the primary elections
to fill seats in both the biennially year and the transition year
NYS Election Law § 2—106 State and county committees; election of members:
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.
NYS Election § 2—120 Party positions; to be filled at primary election, time for filing statement as to:
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.
CONCLUSIONS:
§ 2—106 Clearly states members are elected biennially except that to effect a transition from either odd to even or even to odd number year elections the committee elected at such election shall be elected for a single, interim one-year term for members of such committee
§ 2—120 States party positions are to be filled at primary election and that the chairman of the county committee is to file with the board of elections the position available to be filled and failing to do so shall not be construed as a prerequisite to the filing of designating petitions for such position.