Assembly Bill A441

2015-2016 Legislative Session

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A441 (ACTIVE) - Details

See Senate Version of this Bill:
S155
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Amd §6-116, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: A645, S5294
2011-2012: A1369, S26
2013-2014: A5290, S161
2017-2018: A522, S1797, S7026
2019-2020: A897, S1641
2021-2022: A1562, S1292
2023-2024: A430

2015-A441 (ACTIVE) - Summary

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly; allows for independent nominating petitions to be presented and provides for a special election to be held forty-five days from the date of the governor making a proclamation for a special election.

2015-A441 (ACTIVE) - Bill Text download pdf

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

                                   441

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROSENTHAL, ORTIZ -- read once and referred to the
  Committee on Election Law

AN  ACT  to amend the election law, in relation to the procedure to fill
  senate and assembly vacancies

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

  Section  1.  Section  6-116 of the election law, as amended by chapter
373 of the laws of 1978, is amended to read as follows:
  S 6-116. Party nominations; election to fill a  vacancy.  1.  A  party
nomination  of a candidate for election to fill a vacancy in an elective
office required to be filled at the  next  general  election,  occurring
after  seven  days  before  the  last  day  for  circulating designating
petitions or after the holding of the meeting or convention to  nominate
or  designate  candidates  for such, shall be made, after the day of the
primary election, by a majority vote of a quorum of the state  committee
if  the  vacancy  occurs  in an office to be filled by all voters of the
state, and otherwise by a majority vote of a quorum of the members of  a
county committee or committees last elected in the political subdivision
in  which  such  vacancy is to be filled, or by a majority of such other
committee as the rules of the party may provide. A certificate of  nomi-
nation shall be filed as provided for [herein] IN THIS ARTICLE.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A VACANCY IN THE OFFICE OF STATE SENATOR OR IN THE OFFICE OF  MEMBER  OF
ASSEMBLY  REQUIRED  TO  BE  FILLED AT THE NEXT GENERAL ELECTION SHALL BE
FILLED BY POPULAR ELECTION IN THE FOLLOWING MANNER:
  (A) WITHIN THREE DAYS OF THE OCCURRENCE OF  A  VACANCY,  THE  GOVERNOR
SHALL  MAKE PROCLAMATION OF A SPECIAL NON-PARTISAN 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 FORTY-FIVE DAYS FROM THE  DATE
OF THE PROCLAMATION.

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

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