S T A T E O F N E W Y O R K
________________________________________________________________________
32
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law and the public officers law, in
relation to the procedure to fill vacancies for representatives in
Congress
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 12-300 of the election law, as amended by chapter
2 234 of the laws of 1976, is amended to read as follows:
3 S 12-300. Representatives in congress; election of. 1. Represen-
4 tatives in the house of representatives of the congress of the United
5 States shall be chosen in the several congressional districts at the
6 general election held in every even-numbered year. Elections to fill a
7 vacancy for an unexpired term shall be held as provided in [the public
8 officers law] SUBDIVISION TWO OF THIS SECTION.
9 2. A VACANCY IN THE OFFICE OF REPRESENTATIVE IN CONGRESS SHALL BE
10 FILLED BY POPULAR ELECTION IN THE FOLLOWING MANNER:
11 (A) WITHIN THREE DAYS OF THE OCCURRENCE OF A VACANCY, THE GOVERNOR
12 SHALL MAKE PROCLAMATION OF A SPECIAL NON-PARTISAN ELECTION TO FILL SUCH
13 OFFICE, SPECIFYING THE DISTRICT IN WHICH THE ELECTION IS TO BE HELD, AND
14 THE DAY THEREOF, WHICH SHALL BE FORTY-FIVE DAYS FROM THE DATE OF THE
15 PROCLAMATION.
16 (B) ALL NOMINATIONS FOR ELECTIONS TO FILL VACANCIES HELD PURSUANT TO
17 THIS SUBDIVISION SHALL BE BY INDEPENDENT NOMINATING PETITION, SUCH
18 PETITIONS TO BE SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THIS CHAPTER
19 PERTAINING TO INDEPENDENT NOMINATIONS EXCEPT AS IS OTHERWISE SET FORTH
20 IN THIS SUBDIVISION. THE SHEETS OF THE INDEPENDENT NOMINATING PETITION
21 SHALL SET FORTH IN EVERY INSTANCE THE NAME OF THE SIGNER, HIS OR HER
22 RESIDENCE ADDRESS, TOWN OR CITY (EXCEPT IN THE CITY OF NEW YORK, THE
23 COUNTY), AND THE DATE THE SIGNATURE IS FIXED. SUCH PETITION SHALL BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00021-01-1
S. 32 2
1 REQUIRED TO CONTAIN A DESIGNATED NUMBER OF SIGNATURES WHICH SHALL BE THE
2 LESSER OF FIVE PERCENT OF VOTES CAST IN THE LAST PRECEDING GUBERNATORIAL
3 ELECTION. A SIGNATURE ON AN INDEPENDENT NOMINATING PETITION MADE EARLIER
4 THAN THE DATE OF THE PROCLAMATION REQUIRED BY PARAGRAPH (A) OF THIS
5 SUBDIVISION SHALL NOT BE COUNTED.
6 (C) ALL NOMINATING PETITIONS FILED PURSUANT TO THIS SUBDIVISION SHALL
7 BE FILED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6-144 OF THIS
8 CHAPTER WITHIN FIFTEEN DAYS AFTER THE DATE OF THE GOVERNOR'S PROCLAMA-
9 TION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
10 (D) A PERSON ELECTED TO FILL A VACANCY AT AN ELECTION HELD PURSUANT TO
11 THIS SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY UPON QUALIFICATION AND
12 SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM.
13 S 2. Subdivision 4 of section 42 of the public officers law, as
14 amended by chapter 317 of the laws of 1954, is amended to read as
15 follows:
16 4. A special election shall not be held to fill a vacancy in the
17 office of [a representative in congress unless such vacancy occurs on or
18 before the first day of July of the last year of the term of office, or
19 unless it occurs thereafter and a special session of congress is called
20 to meet before the next general election, or be called after September
21 nineteenth of such year; nor to fill a vacancy in the office of] state
22 senator or in the office of member of assembly, unless the vacancy
23 occurs before the first day of April of the last year of the term of
24 office, or unless the vacancy occurs in either such office of senator or
25 member of assembly after such first day of April and a special session
26 of the legislature be called to meet between such first day of April and
27 the next general election or be called after September nineteenth in
28 such year. If a special election to fill an office shall not be held as
29 required by law, the office shall be filled at the next general
30 election.
31 S 3. This act shall take effect immediately.