8-100. Elections; dates of and hours for voting. 1. (a) A primary election, to be known as the fall primary, shall be held on the first Tuesday after the second Monday in September before every general election unless otherwise changed by an act of the legislature. In each year in which electors of president and vice president of the United States are to be elected an additional primary election, to be known as the spring primary, shall be held on the first Tuesday in February unless otherwise changed by an act of the legislature, for the purpose of electing delegates to the national convention, members of state and county committees and assembly district leaders and associate assembly district leaders.
(b) In the event a run-off primary election is required in the city of New York, it shall be held on the second Tuesday next succeeding the date on which the initial primary election was held.
(c) The general election shall be held annually on the Tuesday next succeeding the first Monday in November.
2. Polls shall be open for voting during the following hours: a primary election from twelve o'clock noon until nine o'clock in the evening, except in the city of New York and the counties of Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, Dutchess and Erie, and in such city or county from six o'clock in the morning until nine o'clock in the evening; the general election from six o'clock in the morning until nine o'clock in the evening; a special election called by the governor pursuant to the public officers law, and, except as otherwise provided by law, every other election, from six o'clock in the morning until nine o'clock in the evening.
3. In any election district in which a primary of any party is uncontested, no primary of such party shall be held. In any election district in which the primaries of all parties are uncontested on the day of any primary election, no primaries shall be held on such day and the polling place shall not be opened for voting.
4. No primary, special or general election for any state or local office or for the election of officers of any corporation which is funded in whole or in part by federal, state or municipal moneys shall be held on a Saturday or Sunday.
Last modified: February 3, 2019