Election Rules

Rules for Special Election Part

NEW YORK STATE SUPREME COURT
QUEENS COUNTY - SPECIAL ELECTIONS PART RULES
Rudolph E. Greco, Jr., J.S.C.

                            25-10 Court Square, Room G40, Long Island City, NY 11101
                                                           Tel: (718) 298-1608
                                                           Fax. (212) 618-1668
                                                Email: QSLPart32@nycourts.gov

 

Proceedings brought by Orders to Show Cause to validate/invalidate designating petitions for the Tuesday, June 23, 2020 New York State and Local Offices Primary Election are required to be commenced on or before Thursday, April 16, 2020 or within three (3) business days after a petition is invalidated by the Board of Elections in the City of New York. Process shall be initially returnable before Justice Greco on Monday, April 20, 2020 at 9:30 a.m. at the above address.

 

*PLEASE NOTE*

All Appellate Division: Second Department election case appeals must be perfected on/before April 29, 2020. Any Responding briefs shall be served and filed on/before May 4, 2020. Litigants intending to take an appeal are advised to contact Aprilanne Agostino, Clerk of the Court at aagostin@nycourts.gov

The calendar must be answered by counsel or the self-represented litigant, who must be ready for assignment 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 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.

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 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 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 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 no later that 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 preparing their proposed Orders to Show Cause, petitioners are directed to refrain from drafting proposed language directing the Board of Elections to produce in court, on the return date, all of the petition volumes, specifications of objections, and prima facie findings. Rather, petitioners are directed to draft proposed language that the Board of Elections shall produce such documentation at the direction of the Trial Judge.