Allows the governor to make proclamation of a special election to fill the office of United States senator.
BILL NUMBER: S695
TITLE OF BILL : An act to amend the public officers law, in relation to vacancies in the office of United States senator
PURPOSE : To provide for special elections to be held to fill vacancies in the office of United States Senator.
SUMMARY OF PROVISIONS : The bill amends the public officers law to provide that when a vacancy occurs in the office of Unites States Senator, the governor may make a proclamation calling for a special election to fill such office. The special election shall be held not less than forty five nor more than sixty days from the date of the proclamation.
EXISTING LAW : Existing law provides that the Governor shall appoint a replacement in the event of a vacancy in the office of United State Senator.
JUSTIFICATION : The office of United States Senator is representative of the people of the state and as such should always be elected by the people, even in the case of a vacancy. An election provides confidence in our Senator and our process.
Enactment of this measure will ensure that the office of United States Senator is not filled by one person, the Governor, but is filled with the benefit of voter scrutiny.
LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediate.
STATE OF NEW YORK ________________________________________________________________________ 695 2009-2010 Regular Sessions IN SENATE January 13, 2009 ___________Introduced by Sen. GRIFFO -- 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, in relation to vacancies in the office of United States senator THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4-a of section 42 of the public officers law, as amended by chapter 373 of the laws of 1978, is amended to read as follows: 4-a. If a vacancy occurs in the office of United States senator from this state
[in any even numbered calendar year on or after the fifty- ninth day prior to the annual primary election, or thereafter during said even numbered year, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the year follow- ing the next even numbered calendar year. If such vacancy occurs in any even numbered calendar year on or before the sixtieth day prior to an annual primary election, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the next calendar year. If a vacancy occurs in the office of United States senator from this state in any odd numbered calendar year, the governor shall make a temporary appointment to fill such vacancy until the third day of Janu- ary in the next odd numbered calendar year. Such an appointment shall be evidenced by a certificate of the governor which shall be filed in the office of the state board of elections. At the time for filing such certificate], the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE PROCLAMA- TION OF A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF SUCH ELECTION, WHICH SHALL NOT BE LESS THAN FORTY-FIVE NOR MORE THAN SIXTY DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall issue and file in the office of the state board of elections a writ of election directing the election of a United States senator to fill such vacancy for the unexpired term at the general election next preceding the expiration for the term of such [appointment]SPECIAL ELECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04951-01-9