S4804-2011 Actions

• Jan 4, 2012: REFERRED TO ELECTIONS
• Apr 25, 2011: REFERRED TO ELECTIONS

S4804-2011 Memo

BILL NUMBER:S4804

TITLE OF BILL:
An act
to amend the public officers law, in relation to the filling of vacancies
in elective offices

PURPOSE:
This bill would require the governor to call a special election when a
vacancy occurs in an elective office.

SUMMARY OF PROVISIONS:
Subdivision 3 of section 42 of the public officers law as amended
would require the governor to issue a proclamation for a special
election to fill an office that has been vacated.

The governor must make a proclamation of a special election within ten
days after certification of the vacancy and must specify the district
or county in which the election is to be held and the day which shall
not be less than seventy nor more than eighty days from the date of
the proclamation. The governor cannot issue a special election
proclamation if such special election will occur less than thirty
days before a general election.

JUSTIFICATION:
This bill ensures that constituents in the area where there is a
vacated elective office will not go without representation for an
unreasonable period of time. In 2009, Governor Patterson delayed
calling a special election in the 29th Congressional District for
nearly 8 months after the office was vacated. This delay caused the
residents of the 29th Congressional District to be unrepresented in
congress for an unreasonably extended period of time. This bill
ensures that residents in a district will be represented by requiring
that a special election be called within a reasonable period of time.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Cost of special elections to counties.

EFFECTIVE DATE:
Immediately.

S4804-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4804

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 25, 2011
                                 ___________

  Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Elections

  AN ACT to amend the public officers law, in relation to the  filling  of
    vacancies in elective offices

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 3 of section 42 of the public officers law,  as
  amended by chapter 4 of the laws of 2011, is amended to read as follows:

    3. Upon the failure to elect to any office, except that of governor or
  lieutenant-governor,  at  a  general  or special election, at which such
  office is authorized to be filled, or upon the death or disqualification
  of a person elected to office before the  commencement  of  his  or  her
  official  term,  or  upon  the  occurrence  of a vacancy in any elective
  office which cannot be filled by appointment for a period  extending  to
  or  beyond  the  next  general election at which a person may be elected
  thereto, the governor [may in his or her discretion]  SHALL  WITHIN  TEN
  DAYS  AFTER  THE  CERTIFICATION  OF  THE  VACANCY make proclamation of a
  special election to fill such office, specifying the district or  county
  in which the election is to be held, and the day thereof, which shall be
  not  less  than  seventy  nor more than eighty days from the date of the
  proclamation.  HOWEVER, THE GOVERNOR SHALL NOT ISSUE A SPECIAL  ELECTION
  PROCLAMATION  IF  SUCH SPECIAL ELECTION WILL OCCUR LESS THAN THIRTY DAYS
  BEFORE A GENERAL ELECTION.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10982-01-1