§ 38. Election of members of state and county committees.

Members of the state and county committees shall be elected at official primary elections as herein provided for.

Members of the state committee shall be elected biennially in each even numbered year. Members of county committees shall

be elected annually.

Members of both committees shall be elected at fall primaries, except that in a year when a president of the United States is to be elected, such members of committees shall be elected at the spring primary. The members of either committee shall hold office until the election of their successors.

Added by L. 1911, ch. 891, § 27; amended by L. 1912, ch. 4; amended and renumbered by L. 1913, ch. 820, in effect Dec. 17, 1913.

In general. See note to Election Law, § 35; Matter of Werther (1916), 94 Misc. 681, 158 N. Y. Supp. 321.

Although the state committee may adopt any laws and regulations relative to its management and control providing they are not inconsistent with the provisions of law and are within the powers given the committee by the state convention, it can adopt no rules relative' to the manner of its election. While it has been held that a state committee is the supreme political authority of a party within the state, this is subject to the above limitations. It derives its authority from the convention that creates it subject to law. Report of Atty.-Gen., (1911), Vol. 2, p. 677.

Repitition of names of candidiates for members of party committees on ballots. Where a party organization has selected the assembly district as its unit of representation, the members of the county committee elected by assembly districts become ipso facto members of the judicial, senatorial, congressional, assembly, municipal court, aldermanic, city and borough district. committees, and a single appearance of the names of the candidates for the county committee upon the primary ballot is sufficient, except where assembly districts have been subdivided so that they are entitled to representation in two or more of such committees. In such cases it is the duty of the party organization to establish rules, so that in the assembly districts so subdivided the ballot should contain the names of the candidates for membership upon the county committee, and such names should be repeated as often as there are other committeemen to be elected for smaller units than the entire assembly district. Matter of Koenig v. Brist (1912), 149 App.

Div. 68.

§ 39. Formation of committees other than state or county committees.

All committees other than state and county committees shall be, formed in the manner provided for by the rules and regulations of the party.

Added by L. 1913, ch. 820, in effect Dec. 17, 1913.

§ 40. Organization and rules of committees.

Every state and county committee, shall within fifteen days after their election meet and organize by the election of a chairman, treasurer and secretary, and such other officers as its rules may provide, and within three days thereafter file with the secretary of state and the board of elections of the county a certificate stating the names and post-office addresses of such officers.

Each committee may prepare rules and regulations for the government of the party and the conduct of the official primaries within its political subdivision, which may include the payment of dues. Within three days after the adoption of such rules and regulations a certified copy of the same shall be prepared and filed by the secretary with the custodian of primary records for the political subdivision for which such committee is to serve and also a certified copy with the secretary of state. Such rules shall continue to be the rules and regulations for the committee until they are amended or new rules adopted. Such rules and regulations may be amended from time to time by a majority vote of the committee, provided a copy of the proposed amendment shall be sent with the notice of the meeting at which such amendments are to be proposed, such notice to be not less than five days before such meeting, and to be mailed at the post-office address of each member of the committee. Until the adoption of such rules and regulations, the rules and regulations of the existing committee, so far as consistent with this chapter, shall continue to be the rules and regulations of the party for that political subdivision.

Added by L. 1911, ch. 891; amended and renumbered by L. 1913, ch. 820; and amended by L. 1916, ch. 537; L. 1917, ch. 703, in effect June 1, 1917. In general. See note to Election Law, § 35.

§ 41. Review of election of committees.

The election of members to any party committee may be reviewed by summary proceedings before the supreme court or a justice thereof, as provided for in section fifty-six of this act, upon the petition of any person qualified to vote at the primary election of the party which such committee represents.

Added by L. 1911, ch. 891, and amended by L. 1912, ch. 4, renumbered by L. 1913, ch. 820, in effect Dec. 17, 1913.

Recount unauthorized. In a proceeding under §§ 41, 56, to review the actions of custodians of primary records the court can review only such action as the custodians themselves have taken and correct errors which they have made. The statute does not authorize a recount of the votes and a declaration of a different result based upon such recount. Matter of Tenjost (1915), 169 App. Div. 300, 154 N. Y. Supp. 708; but see Matter of Tenjost (1916), 171 App. Div. 129; see note to § 56, post.

§ 42. Removal of member of committee.

A member of a party committee may be removed by such committee, for disloyalty to the party or corruption in office, after notice and a hearing upon written charges, to be heard by the committee or a subcommittee thereof appointed for that purpose, which shall report its findings to the full committee. The action of any committee in removing a member thereof as herein provided for may be reviewed in a summary proceeding before the supreme court or by a justice thereof, upon a petition of the person so removed.

Added by L. 1911, ch. 891, and renumbered by L. 1913, ch. 820, in effect Dec. 17, 1913.

In general. See note to Election Law, § 35.

§ 43. Vacancies in state or county committees.

Except as otherwise provided in this article, where a vacancy occurs in any state or county committee, such vacancy shall be filled by the remaining members of said committee by the selection of

an enrolled voter of the party qualified for election from the unit of representation as to which said vacancy shall have occurred.

Added by L. 1913, ch. 820; and amended by L. 1916, ch. 537, in effect May 15, 1916.

ARTICLE 4.*

PARTY NOMINATIONS AND DESIGNATIONS.

Section 45. Direct nomination of candidates for public office. 46. Designations; how made.

48. Designation by petition.

49. Filing of designations.

50. Declination by person designated.

51. Certification by secretary of state.

52. Vacancies in designations, how filled.

53. Delegates to national party conventions.

54. Presidential electors.

55. Existing state and county committees continued.

55a. Objections to designating petitions.

56. Contests; judicial review.

58. Official primary ballot.

45. Direct nomination of candidates for public office.

Party nominations for all offices to be filled at a general election, except town, village and school district offices and electors of the president and vice-president of the United States, shall be made at the fall primary next preceding such general election by the enrolled voters of the party as in this chapter provided. Nominations of party candidates for town, village and school district offices shall be made in the manner prescribed by the rules and regulations of the county committee of the county wherein such town, village or school district is located. Nominations of party candidates for city offices to be filled at an election held at a different time from the general election shall be made directly at unofficial primaries by enrolled party voters.

Nothing contained in this chapter shall prevent a party from holding party conventions, to be constituted in such manner, and to have such powers in relation to formulating party platforms and policies and the transaction of business relating to party affairs, as the rules and regulations of the party may provide, not inconsistent with the provisions of this chapter. Delegates to any such convention and members of party committees, other than members

Schedule of sections thus amended by L. 1911, ch. 891, and L. 1913, ch. 820, in effect Dec. 17, 1913.