S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4804
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    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:
    1    Section 1. Subdivision 3 of section 42 of the public officers law,  as
    2  amended by chapter 4 of the laws of 2011, is amended to read as follows:
    3    3. Upon the failure to elect to any office, except that of governor or
    4  lieutenant-governor,  at  a  general  or special election, at which such
    5  office is authorized to be filled, or upon the death or disqualification
    6  of a person elected to office before the  commencement  of  his  or  her
    7  official  term,  or  upon  the  occurrence  of a vacancy in any elective
    8  office which cannot be filled by appointment for a period  extending  to
    9  or  beyond  the  next  general election at which a person may be elected
   10  thereto, the governor [may in his or her discretion]  SHALL  WITHIN  TEN
   11  DAYS  AFTER  THE  CERTIFICATION  OF  THE  VACANCY make proclamation of a
   12  special election to fill such office, specifying the district or  county
   13  in which the election is to be held, and the day thereof, which shall be
   14  not  less  than  seventy  nor more than eighty days from the date of the
   15  proclamation.  HOWEVER, THE GOVERNOR SHALL NOT ISSUE A SPECIAL  ELECTION
   16  PROCLAMATION  IF  SUCH SPECIAL ELECTION WILL OCCUR LESS THAN THIRTY DAYS
   17  BEFORE A GENERAL ELECTION.
   18    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