Relates to the procedure to fill vacancies for representatives in Congress; provides for a special popular election; sets procedures for independent nominating petitions.

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S169-2013 Actions

• Jan 9, 2013: REFERRED TO ELECTIONS

S169-2013 Memo

BILL NUMBER:S169

TITLE OF BILL:
An act
to amend the election law and the public officers law, in relation to the
procedure to fill vacancies for representatives in Congress

PURPOSE
Requires vacancies for representatives in Congress to be filled by
nonpartisan special elections.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 12-300 of the election law to
include a new subdivision 2. This subdivision directs the governor to
proclaim a special non-partisan election within three days of the
occurrence of a vacancy in the office of representative in congress
and calls for this election to be held forty-five days from the
governor's proclamation. It also sets forth the nominating petition
process, specifies that such petitions should be filed within fifteen
days of the governor's proclamation and calls on the person elected
to take office immediately and serve for the remainder of the
unexpired term.

Section 2 amends subdivision 4 of section 42 of the public officers
law to remove the office of representative in congress from the
provisions of this subdivision.

Section 3 specifies the effective date.

JUSTIFICATION:
The current selection procedure for filling vacancies in congressional
seats restricts the participation of voters in the electoral process,
thereby undermining democracy. presently, in the event that there is
a vacancy in a congressional seat, the process of selecting a new
representative does not permit real voter participation in a
contested election. Rather, a committee filled with political
insiders conducts a closed nomination meeting to determine what
candidate obtains the party line, effectively guaranteeing election
in many districts throughout New York State.

A fundamental tenet of our democracy is the accountability of elected
officials to the public, best achieved through competitive elections.
Reform of the process by which congressional seats are filled, through
implementation of a non-partisan special election system will improve
public accountability.

LEGISLATIVE HISTORY:
2012: Referred to Elections
2011: Referred to Elections
2010: S.5290 (Squadron) - Elections, A.9868 (Kavanagh) - Election Law
2009: S.5290 (Squadron) - Elections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect immediately.

S169-2013 Text

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

                                     169

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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:


    Section  1.  Section 12-300 of the election law, as amended by chapter
  234 of the laws of 1976, is amended to read as follows:

    S 12-300. Representatives in congress;  election  of.    1.  Represen-
  tatives  in  the  house of representatives of the congress of the United
  States shall be chosen in the several  congressional  districts  at  the
  general  election  held in every even-numbered year. Elections to fill a
  vacancy for an unexpired term shall be held as provided in  [the  public
  officers law] SUBDIVISION TWO OF THIS SECTION.
    2.  A  VACANCY  IN  THE  OFFICE OF REPRESENTATIVE IN CONGRESS 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 IN WHICH THE ELECTION IS TO BE HELD, AND
  THE DAY THEREOF, WHICH SHALL BE FORTY-FIVE DAYS FROM  THE  DATE  OF  THE
  PROCLAMATION.
    (B)  ALL  NOMINATIONS FOR ELECTIONS TO FILL VACANCIES HELD PURSUANT TO
  THIS SUBDIVISION SHALL  BE  BY  INDEPENDENT  NOMINATING  PETITION,  SUCH
  PETITIONS TO BE SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THIS CHAPTER
  PERTAINING  TO  INDEPENDENT NOMINATIONS EXCEPT AS IS OTHERWISE SET FORTH
  IN THIS SUBDIVISION. THE SHEETS OF THE INDEPENDENT  NOMINATING  PETITION
  SHALL  SET  FORTH  IN  EVERY INSTANCE THE NAME OF THE SIGNER, HIS OR HER
  RESIDENCE ADDRESS, TOWN OR CITY (EXCEPT IN THE CITY  OF  NEW  YORK,  THE
  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.
                                                             LBD00286-01-3

 S. 169                              2

  REQUIRED TO CONTAIN A DESIGNATED NUMBER OF SIGNATURES WHICH SHALL BE THE
  LESSER OF FIVE PERCENT OF VOTES CAST IN THE LAST PRECEDING GUBERNATORIAL
  ELECTION. A SIGNATURE ON AN INDEPENDENT NOMINATING PETITION MADE EARLIER
  THAN  THE  DATE  OF  THE  PROCLAMATION REQUIRED BY PARAGRAPH (A) OF THIS
  SUBDIVISION SHALL NOT BE COUNTED.
    (C) ALL NOMINATING PETITIONS FILED PURSUANT TO THIS SUBDIVISION  SHALL
  BE  FILED  IN  ACCORDANCE  WITH  THE PROVISIONS OF SECTION 6-144 OF THIS
  CHAPTER WITHIN FIFTEEN DAYS AFTER THE DATE OF THE  GOVERNOR'S  PROCLAMA-
  TION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
    (D) A PERSON ELECTED TO FILL A VACANCY AT AN ELECTION HELD PURSUANT TO
  THIS  SUBDIVISION  SHALL  TAKE OFFICE IMMEDIATELY UPON QUALIFICATION AND
  SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM.
    S 2. Subdivision 4 of section  42  of  the  public  officers  law,  as
  amended  by  chapter  317  of  the  laws  of 1954, is amended to read as
  follows:

    4. A special election shall not be held  to  fill  a  vacancy  in  the
  office of [a representative in congress unless such vacancy occurs on or
  before  the first day of July of the last year of the term of office, or
  unless it occurs thereafter and a special session of congress is  called
  to  meet  before the next general election, or be called after September
  nineteenth of such year; nor to fill a vacancy in the office  of]  state
  senator  or  in  the  office  of  member of assembly, unless the vacancy
  occurs before the first day of April of the last year  of  the  term  of
  office, or unless the vacancy occurs in either such office of senator or
  member  of  assembly after such first day of April and a special session
  of the legislature be called to meet between such first day of April and
  the next general election or be called  after  September  nineteenth  in
  such  year. If a special election to fill an office shall not be held as
  required by law,  the  office  shall  be  filled  at  the  next  general
  election.
    S 3. This act shall take effect immediately.