Second Department Decision Reaffirms New York Election Law’s Strict Time Limits for Litigation
By: Joseph T. Burns
In a September 14, 2026, decision, the New York State Appellate Division, Second Department, reaffirmed the strict and unforgiving time limits for commencing election litigation under Article 16 of the Election Law.
The appeal decided by the Second Department concerned a proceeding to validate a designating petition for a candidate for the party position of member of the Republican county committee in Suffolk County. This party position was to be elected at the June 24, 2025, primary election.
The candidate’s designating petition was invalidated by the Suffolk County Board of Elections on April 17, 2025. It wasn’t until August 17, 2025, however, that the candidate commenced a judicial proceeding to validate her designating petition.
Proceedings to validate a designating petition are governed by Election Law Section 16-102 and must be commenced within the very short time constraints found in that section of law. To institute a proceeding to validate a designating petition, a candidate has only fourteen days from the last day to file his or her designating petition or three business days from the time a board of elections invalidates the designating petition, whichever is later.
The candidate in this proceeding styled it as a hybrid Election Law Article 16 and CPLR Article 78 proceeding. But because this is a proceeding to validate a designating petition, the candidate was required to commence this proceeding within the time permitted by Election Law Article 16 and not the more generous time limits of CPLR Article 78.
The Second Department also noted that even if the board of elections did not notify the candidate of her petition’s invalidation within the time required by the Election Law, the candidate would have become aware of the invalidation before primary day. The proceeding, however, was not even commenced until almost two months after primary day. This also was not within the time permitted under Election Law Section 16-102 to challenge the outcome of a primary election.
The time limitations for Election Law proceedings under Article 16 are some of the shortest in all of New York law. Many election cases never reach a hearing on the merits because a petitioner fails to comply with the time constraints of Article 16.
While this Second Department decision concerned the time limits on a proceeding to validate a designating petition, these strict time limitations also impact other types of election cases.
For instance, Election Law Section 16-106 addresses judicial proceedings on challenges to the casting and canvassing of votes. Under this section, the time allowed for challenging a board of elections’ decision to not canvass an absentee or early mail ballot is only twenty days from the election or from the time the board of elections made its decision. With the 2026 election right around the corner, candidates, consultants, and party leaders will want to be cognizant of all of the time limitations contained in this section of the Election Law.
The Second Department’s recent decision provides an important reminder that Election Law disputes that are likely to lead to litigation require immediate attention. The deadlines governing Election Law Article 16 proceedings are often measured in days, not weeks or months, and the failure to commence a proceeding within the limited time allowed by the statute will almost certainly leave a court no choice but to dismiss the proceeding. Candidates, campaign staff, consultants, and party leaders should consult counsel before an issue arises so that applicable deadlines can be identified and available remedies preserved.
