Senate Bill S5797

2015-2016 Legislative Session

Relates to elections to fill vacancies in the office of state senator or in the office of member of assembly

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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-S5797 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §42, Pub Off L; amd §6-116, El L
Versions Introduced in 2017-2018 Legislative Session:
S2040

2015-S5797 (ACTIVE) - Summary

Relates to elections to fill vacancies in the office of state senator or in the office of member of assembly; requires the governor to call a special election within seven days of a vacancy and requires nominations be done only by independent nominating petition.

2015-S5797 (ACTIVE) - Sponsor Memo

2015-S5797 (ACTIVE) - Bill Text download pdf

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

                                  5797

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the  public  officers  law  and  the  election  law,  in
  relation to elections to fill vacancies in the office of state senator
  or in the office of member of assembly

  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 make proclamation  of
a special election to fill such office, specifying the district or coun-
ty 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; PROVIDED, HOWEVER, WITHIN SEVEN DAYS OF THE OCCURRENCE  OF
A  VACANCY  IN THE OFFICE OF STATE SENATOR OR IN THE OFFICE OF MEMBER OF
ASSEMBLY, THE GOVERNOR SHALL MAKE PROCLAMATION OF A SPECIAL ELECTION  TO
FILL  SUCH OFFICE SPECIFYING THE DISTRICT 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.
  S 2. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10168-04-5
              

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