* § 2-122-b. Presidential primary. 1. Applicability. The selection of delegates and alternate delegates from New York state to the national convention of the Republican party in each year in which electors of president and vice-president of the United States are to be elected shall be conducted pursuant to the provisions of this section. The state committee of any other political party may, by rule or resolution, opt to conduct the selection of delegates and alternate delegates in any such year in accordance with the provisions of this section. A certified copy of such rule or resolution shall be filed with the state board of elections no later than twenty weeks prior to the date of such election.

2. General provisions. The selection of delegates and alternate delegates to a national convention or conference of a political party pursuant to this section shall be determined by the votes cast at a statewide primary election for candidates for the office of president of the United States in which the names of candidates for such office appear on the ballot and the names of delegates and alternate delegates do not appear on such ballot. All delegates and alternate delegates to a national convention or conference of a political party from New York state shall be allocated to the candidate receiving the greatest number of votes at such presidential primary election. A political party shall certify to the state board of elections, at least sixteen weeks prior to the date of the presidential primary, the number of delegates to which such party is entitled pursuant to its rules. At-large delegates and alternate delegates shall be selected by the state committee of the political party in accordance with the rules of the national committee of such party and shall be allocated to the presidential candidate receiving the greatest number of votes at the statewide presidential primary election.

3. Ballot access methods. Candidates shall be eligible to appear on the ballot in a presidential primary election of a political party for the office of president of the United States pursuant to any of the following provisions:

a. Any candidate who has been certified as eligible to receive presidential primary matching fund payments pursuant to the provisions of 11 Code of Federal Regulations Part 9033, or any candidate who meets the eligibility criteria regarding matchable contributions established in 11 Code of Federal Regulations Part 9033.2(b)(3) regardless of whether such candidate actually applied for such matching fund payments, may request, by certificate filed and received by the state board of elections no sooner than sixteen weeks and not later than nine weeks prior to the date of the presidential primary, that the name of such candidate appear on the ballot at the primary of such party in the state of New York for that year.

b. Any candidate may request, by certificate filed and received by the state board of elections no sooner than sixteen weeks and not later than nine weeks prior to the date of the presidential primary, that the name of such candidate appear on the ballot at the presidential primary of such party in the state of New York for the office of president of the United States. Such candidate shall be eligible to appear on the ballot of such party in the state of New York at the presidential primary election for that year if the state board of elections determines that the person is a nationally known and recognized candidate and the candidacy of such person for the party nomination for president is generally and seriously advocated or recognized according to reports in the national or state news media. Notwithstanding any inconsistent provision of law to the contrary, a request by a candidate to appear on the presidential primary ballot of a major political party shall be determined solely by the commissioners of the state board of elections who have been appointed on the recommendation of such political party or the legislative leaders of such political party, and no other commissioner of the state board of elections shall participate in such determination. The state board of elections shall act upon any such request no later than fifty-six days before the presidential primary.

c. Any candidate shall be eligible to appear on the presidential primary ballot pursuant to the provisions of article six of this chapter. Designating petitions shall be signed by not less than five thousand or five percent, whichever is less, of the then enrolled voters of the party in the state.

d. Presidential candidates determined eligible to appear on the presidential primary ballot may have their name removed from such primary ballot by filing a certificate with the state board of elections and received no later than fifty-six days before such primary election. After such date but before the seventh day before the presidential primary, presidential candidates may file a certificate with the state board of elections deeming any vote for such presidential candidate to be a void vote.

4. Election of delegates and alternate delegates from congressional districts. a. Any candidate eligible to appear on the presidential primary ballot pursuant to the provisions of subdivision three of this section shall file a certificate with the state board of elections received no later than nine weeks prior to the date of the presidential primary setting forth a complete slate of proposed delegates and alternate delegates for each delegate and alternate delegate position to be determined by the statewide primary election. The complete slate of delegates and alternate delegates shall consist only of enrolled members of such political party who reside in the congressional district they seek to represent and who have committed to support such candidate and shall be consistent with the rules of such party, including the rules of the national party, if applicable. The state board of elections shall review each such slate, and if it determines that such slate is not complete or is not otherwise in compliance with the provisions of this paragraph, it shall notify the candidate of any defects forthwith and provide such candidate with no less than three business days to cure any defects. A candidate eligible to appear on the ballot pursuant to the provisions of subdivision three of this section shall appear on such presidential primary election ballot only upon the filing of a valid certificate in compliance with the provisions of this paragraph.

b. All delegates and alternate delegates, other than at-large delegates selected by the state committee of a political party, shall be allocated to the presidential candidate receiving the greatest number of votes at such presidential primary election. Such delegate positions shall be filled in accordance with the slate of delegates and alternate delegates set forth on the certificate filed pursuant to paragraph a of this subdivision; provided, however, that the state board of elections shall provide a candidate with a reasonable opportunity to fill any delegate or alternate delegate positions that have become vacant subsequent to the filing of such certificate. The state board of elections shall certify to the chairman of the state committee of such party, each candidate and the national committee of such party the slate of delegates and alternate delegates elected as a result of the primary election.

5. Election of at-large delegates and at-large alternate delegates. At-large delegates and at-large alternate delegates shall be selected by the New York republican state committee. All at-large delegates and at-large alternate delegates shall be allocated to the presidential candidate receiving the greatest number of votes cast for a presidential candidate at the presidential primary election.

6. All provisions of this chapter which are not inconsistent with this section shall be applicable to a primary election conducted pursuant to this section.

* NB Repealed December 31, 2020