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Election Rules


Queens County - Rules for Special Election Part

Proceedings brought by Orders to Show Cause to validate or to invalidate designating petitions for the Thursday, September 13, 2018, 2018 State and Local Offices Primary Election, required to be commenced on or before Thursday, July 26, 2018, or within three (3) business days after a petition is invalidated by the Board of Elections in the City of New York, shall be initially returnable before the Honorable Jeremy S. Weinstein, Justice of the Supreme Court on Tuesday, August 7, 2018 at 9:30 a.m., in Special Election Part A Courtroom 25 located at 88-11 Sutphin Blvd, Jamaica, NY11435.

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.