2026 Election Part Rules
All proceedings brought by Order to Show Cause to validate/invalidate designating petitions for the Primary Election to be held June 23, 2026, are required to be commenced on or before Monday, April 20, 2026, or within three (3) business days after a petition is invalidated by the Board of Elections in the City of New York.
The Honorable Tracy Catapano-Fox will preside over the Election Scheduling Part. Return dates for all Election matters filed in the Queens Supreme Court, Civil Term, will be heard IN-PERSON on either April 16, 2026, or April 23, 2026, as ordered by the Court. All matters will be heard in Courtroom 48 of the Queens Supreme Court located at 88-11 Sutphin Boulevard, Jamaica, New York, 11435 on the designated Return date.
*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.
Subsequent appearances 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 uploaded to NYSCEF (with confirmation of e-filing), 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, 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 uploaded to NYSCEF 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 uploaded to NYSCEF 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 uploaded to NYSCEF 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 uploaded to NYSCEF 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.
Appeals
Pursuant to the Administrative Order of the Honorable Hector D. LaSalle, Presiding Justice of the Appellate Division, Second Department, dated March 17, 2026 (ADM 2026-03317.2), all Election law appeals pertaining the Primary Election to be held on June 23, 2026, shall be perfected on or before May 4, 2026, and responding briefs must be served and filed on or before May 8, 2026. The day of the hearing of appeals shall be Wednesday, May 13, 2026.
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 [email protected] 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 Appellate Division - Second Judicial Department (nycourts.gov) for further information.