Title 9, Subtitle 5, NYCRR
§ 6201.2 Use of Public Opinion Polls
No candidate, political party or committee shall attempt to promote the success or defeat of a candidate by directly or indirectly disclosing or causing to be disclosed the results of a poll relating to a candidate for such an office or position, unless within 48 hours after such disclosure, they provide the following information concerning the poll to the board or officer with whom statements or copies of statements of campaign receipts and expenditures are required to be filed by the candidate to whom such poll relates:
- The name of the person, party or organization that contracted for or who commissioned the poll and/or paid for it.
- The name and address of the organization that conducted the poll.
- The numerical size of the total poll sample, the geographic area covered by the poll and any special characteristics of the population included in the poll sample.
- The exact wording of the questions asked in the poll and the sequence of such questions to the extent results of such questions were disclosed or to the extent that such questions were preparatory to the questions asked that were released and could have influenced poll respondents answers to the poll questions released.
- The method of polling – whether by personal interview, telephone, mail or other.
- The time period during which the poll was conducted.
- The number of persons in the poll sample: the number contacted who responded to each specific poll question; the number of persons contacted who did not so respond.
- The results of the poll relative to the questions required to be disclosed pursuant to subdivision (d) of this section.
§ 6204.1 Specification of objections to designating and independent nominating petitions
- Any person filing general objections to any designating or independent nominating petition filed with the State Board of Elections who thereafter files specifications of his objections to any such petition 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:
- 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;
- The total number of signatures objected to shall be set forth and all objections relating to a single signature line should be grouped together
- 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.
- No specifications of objections to any petition will be considered by the Board unless the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specifications to each candidate for public office named on the petition. In the case of a petition containing candidates for party position, 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.
- Any notice and/or determination relating to a petition 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 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.
§6215.1 Rules for filing designating and nominating petitions
- The sheets of a petition shall be numbered sequentially at the foot of each sheet.
- All petitions containing ten or more sheets shall be accompanied by a cover sheet.
- Any two or more petition sheets shall be securely fastened together by any means which will hold the pages together in numerical order.
- Petition sheets may be fastened together to form one or more volumes.
- Individual volumes of a petition shall be filed in the following manner:
- With respect to petitions which are filed with the Board of Elections in the City of New York, or petitions which are filed with other boards of elections containing candidates for more than one public or party office which are not coterminous, each volume of each petition shall bear an identification number, to be obtained in accordance with Section 6215.3, infra. The assigned identification number shall be inscribed on the front of the volume. If an identification number has not been inscribed by the person or persons filing the petition, and the petition consists of multiple volumes, then each volume of the petition shall be separately numbered on the front thereof. Only one identification number may be used to identify a petition volume.
- Any Board of Elections outside the City of New York may adopt a petition filing system for all petitions utilizing identification numbers as provided for in Section 6215.3. The Board may adopt such system through the approval of a rule at least two months prior to the first day to circulate petitions. The rule shall be filed at the county board of elections and the State Board of Elections.
- With respect to all other petitions which contain ten or more sheets, each volume of the petition shall have a cover sheet secured to the front of such volume.
§6215.2 Cover Sheets
- A cover sheet shall contain the following information:
- The office and district number (where appropriate) for which each designation and nomination is being made, the name and residence address of each candidate, and the number of volumes comprising the petition. The names and addresses of candidates for the county committee may be set forth, by assembly district (or, in the City of New York, by election district) on a schedule to be annexed to the cover sheet. Cover sheets for the positions of county committee in the City of New York shall include, in addition to such schedule a list by election district of the identification numbers (if known) or the volume number, and page number where such signatures appear for each election district.
- An identification of the volumes comprising the petition. When multiple volumes are filed pursuant to Section 6215.1(e)(1) or (2) of these rules, a single cover sheet may be filed with volumes identified by listing the identification number of each volume either individually or cumulatively, and the total number of volumes in the petition. With respect to all other petitions filed in multiple volumes, each volume shall have a cover sheet which shall indicate the volume number; such volumes shall be numbered sequentially and the cover sheet from the first volume shall set forth the total number of volumes comprising petition.
- A statement that the petition contains the number, or in excess of the number, of valid signatures, required by the Election Law.
- A place for the optional designation of a contact person other than the candidate(s) to be notified to correct noncompliance with these regulations.
- Where a designating or independent nominating petition involves the Office of Governor, Lieutenant Governor, Attorney General, State Comptroller, Member of the State Senate or Member of the State Assembly, the cover sheet shall contain a place for the optional designation of the official campaign website address information for posting on the State Board of Elections’ website pursuant to Election Law section 4–123. Any board of elections receiving such cover sheet or a separate written notification pursuant to section 6215.9(b) of this Part, other than the State Board of Elections, shall transmit a copy of such cover sheet or separate written notification to the State Board of Elections within three business days of its filing and such website addresses shall be posted by the State board on its website as soon as practicable.
- Cover sheets shall be substantially in the form set forth in Section 6215.8, infra.
- Where a designating petition involves an office to be filled by the voters of the entire state, the petition shall be accompanied by a schedule which sets forth the volume and page number of each sheet on which signatures appear of at least 100 or 5 per centum, which ever is less, of properly enrolled voters in each of at least one-half of the Congressional Districts of the state.
- Where a nominating petition involves an office to be filled by the voters of the entire state, the petition shall be accompanied by a schedule which sets forth the volume and page number of each sheet on which signatures appear of at least 500 voters in each of at least one-half of the congressional districts of the state.
§6215.3 Identification Numbers, application, distribution and utilization
- Identification numbers shall be issued by the State and County Boards of Elections, without charge, for the purpose of identifying petition volumes.
- The State Board shall assign a series of identification codes to each County Board.
- Any person or persons, individually or jointly, may obtain one or more identification numbers, upon written application, from the Board of Elections. Individuals who do not wish to apply for these numbers in advance will have them assigned to their petitions when they are submitted to the Board of Elections in accordance with section 6215.6 (b) of these rules. Identification numbers may be used only within the calendar year for which issued.
- The State Board of Elections shall promulgate an identification number application form, which shall be used by any board of elections. The application shall set forth:
- the name and residence address of each applicant for the identification number;
- the daytime and evening telephone numbers for such applicant;
- the type of petition to be filed under the identification number (i.e., Designating, Nominating, Opportunity to Ballot);
- the date of the election;
- the Name of the Party or Independent Body; and (6) the number of identification numbers requested. Each application shall be signed by each applicant and shall be dated.
- Upon receipt of an application for an identification number, the Board shall forthwith issue the quantity of identification numbers requested, inscribe such numbers on the original application, and record the numbers issued with the name and address of the applicant in a book which shall be available for public inspection. In the event that an application is filed by multiple applicants, the Board shall record in the book only the name and address of the first-named applicant.
- An assigned identification number may be used for the filing of petition sheets only by the person to whom the identification number was issued. In the case of multiple applicants, the identification number may be used by any of the applicants.
§6215.4 Multiple Candidates Named On a Petition
- All the signatures appearing in a petition volume shall apply to all candidates named in that volume, unless the cover sheet specifies otherwise.
- In the event that the same candidates do not appear on each and every sheet of the petition, then the cover sheet shall indicate which signatures apply to which candidate, by indicating the name of the candidate, the identification number or the volume number, and the page number of the applicable signatures. Signatures on such pages may be identified by specified numerical ranges (e.g., pages 1 through 15, pages 15-45).
§6215.5 Filing of petitions
- Neither the application for, nor the issuance of, an identification number constitutes filing of a petition.
- Petitions shall be filed with the applicable Board of Elections as set forth in the Election Law. The officer or Board shall endorse the day, hour and minute of receipt on such petitions. Such officer or Board shall keep a book, which shall be open to public inspection, in which shall be entered the name of the candidate, and volume or identification numbers of the petitions which have been filed and the time of their filing.
§6215.6 Construction of rules; substantial compliance
- Except as specifically set forth herein, these rules shall be liberally construed and technical defects shall be disregarded where there has been substantial compliance and where a strict construction is not required for the prevention of fraud.
- The failure to obtain an identification number or inscribe an identification number on one or more petitions or petition volumes shall not render any such petition or petition volume invalid. The officer or Board receiving such petition or petition volume shall assign identification numbers to such petition or petition volumes, shall inscribe the identification number upon the petition or volume, and shall record the identification number of such petition or volume. In such instances, the person or persons submitting the petition or petition volume for filing shall be deemed to be the applicant for the identification number, or in the event the persons submitting the petition or petition volume, cannot be identified, the candidates named on the petition or petition volume shall be deemed to be the applicant or applicants.
§6215.7 Determinations; cures pursuant to Section 6-134(2) of the Election Law
- Within two (2) business days of the receipt of the petition, the Board with whom such petition was filed shall review the petition to determine whether the petition complies with the cover sheet and binding requirements of these regulations. Such review shall be limited to matters apparent on the face of the documents. Such review, and such determination, shall be without prejudice to the determination by the Board of objections and specifications of objections filed pursuant to the provisions of the Election Law.
- In the event that, upon the review conducted pursuant to paragraph (a) above, the Board determines that a petition does not comply with these regulations, the Board shall forthwith notify the candidate or candidates named on the petition of its determination and the reasons therefore.
- Notification of a determination of noncompliance shall be given by written notice by depositing such notice on the day of such determination with an overnight delivery service, for overnight delivery, on the next business day, or by personal delivery by the day after the determination to the candidate or the contact person, if designated, at the address stated on the petition. Notification shall be given by overnight delivery or personal delivery only, unless the candidate shall have filed with the Board written authorization, signed by the candidate, for the Board to give notification by facsimile transmission. In the event that the candidate shall have authorized notification by facsimile transmission, then the Board shall notify the candidate or the contact person, if designated, by facsimile transmission on the day of the determination to the number set forth by the candidate and shall, in addition, mail a copy of the determination to the candidate.
- A candidate may, within three (3) business days of the date of a determination that the petition does not comply with these regulations, cure the violation of these regulations. Cover sheet deficiencies may be corrected by the filing of an amended cover sheet. Such cure or correction must be received by the Board of Elections no later than the third business day following such determination.
- If the petition is one for an opportunity to ballot, then the first named person on the committee to receive notices or applicant(s) for the identification number or numbers under which the petition was filed shall be deemed to be the "candidate" for purposes of subparagraphs (b), (c), and (d) above.
Please be aware that there may be other requirements which may apply to running for any particular office. These may include but not be limited to:
Financial Disclosure Requirements:
The New York State Election Law requires candidates and political committees to file statements disclosing information about contributions received and expenditures made in connection with an election.
The forms required to register a committee and to report receipts and disbursements, as well as a comprehensive handbook of instructions, are available at the State Board of Elections and your County Board of Elections.
View the Campaign Finance Page for more information on financial disclosure requirements or contact the State Board of Elections at 1-800-458-3453 or 518-474-8200 or contact your County Board of Elections.
For New York City offices, please contact the Campaign Finance Board for any additional requirements.
For federal offices, please contact the Federal Election Commission for any additional requirements.
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