Rules for Special Election Part
NEW YORK STATE SUPREME COURT
QUEENS COUNTY
2024 ELECTION PART RULES
All proceedings brought by Order to Show Cause to validate/invalidate designating petitions for the Tuesday, June 25, 2024, Primary Election are required to be commenced on or before Thursday, April 18, 2024, or within three (3) business days after a petition is invalidated by the Board of Elections in the City of New York.
*PLEASE NOTE*
All counsel and parties appearing pro se shall provide to the court, with their proposed Orders and papers, full contact information including email addresses and telephone numbers.
Cases will be heard either in-person or virtually, via Microsoft Teams, at the direction of the assigned Justice.
In preparing their proposed Orders to Show Cause, petitioners are directed to REFRAIN from using any proposed language directing the Board of Elections to produce, in court, all of the petition volumes, specifications of Objections, and prima facie findings on the return date. Rather, petitioners are directed to draft proposed language that the Board of Elections shall produce (such documentation) at the direction of the Trial Judge.
Supreme Court Proceedings
The calendar must be answered by counsel or the self-represented litigant, who must be ready for trial on the return date. Proof of service of the Order to Show Cause or Notice of Petition, as well as any Answers including proposed Counterclaims, shall be filed with the Clerk of the Part (if in-person), or uploaded to NYSCEF (if e-filed, virtual), no later than 9:30 a.m. on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.
Specifications of objections to a designating or nominating petition previously filed and served, pursuant to the Rules of the Board of Elections, need not be filed with the Clerk of the Part (if in-person),or uploaded to NYSCEF (if e-filed, virtual) unless directed by the Trial Judge.
Specifications of objections, not previously filed and served with the Board of Elections, shall be served upon all opposing parties, and filed with the Clerk of the Part (if in-person), or uploaded to NYSCEF (if e-filed, virtual), no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.
In any proceeding by an aggrieved candidate to invalidate a designating or nominating petition, a bill of particulars as to specifications of objections shall be served upon all opposing parties and filed with the Clerk of the Part (if in-person), or uploaded to NYSCEF (if e-filed, virtual), no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.
In any proceeding alleging a question of residency of a candidate, a complete written offer of proof shall be served upon all opposing parties and filed with the Clerk of the Part (if in-person), or uploaded to NYSCEF (if e-filed, virtual), no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.
A complete written offer of proof, in all matters alleging a question of fraud, including a statement as to the number of witnesses expected to be called, the identification of each such witness (by name, address, volume, page and line) and the status of each such witness (i.e., candidate, signatory, subscribing witness, notary public, etc.) shall be served upon all opposing parties and filed with the Clerk of the Part (if inperson), or uploaded to NYSCEF (if e-filed, virtual), no later than 9:30 a.m., on the initial return date of the proceeding. Failure to serve and file same shall be deemed a waiver and further proof shall be precluded.
Any party citing or referring to a Rule of the Board of Elections must provide a copy of said Rule, via NYSCEF or hard copy, with their submission to the Court.
Appeals
Pursuant to the Administrative Order of the Honorable Hector D. LaSalle, Presiding Justice of the Appellate Division, Second Department, dated March 8, 2024 (ADM 2024-0308), all election law appeals pertaining to the June 25, 2024 primary shall be perfected on or before May 1, 2024, and responding briefs must be served and filed on or before May 6, 2024. Oral argument for said appeals shall be heard on May 8, 2024.
PLEASE NOTE: parties who seek to have their appeal placed on the Court’s election appeal calendar must contact the Clerk of the Court at ad2election@nycourts.gov immediately upon release of the Supreme Court order if they intend to take an appeal. Counsel are directed to the Appellate Division, Second Department website at www.nycourts.gov/courts/ad2 for further information.”
Dated: March 28, 2024