S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    532
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, DINOWITZ, GALEF, PAULIN, CAHILL,
   QUART -- Multi-Sponsored by -- M. of A. GOTTFRIED  --  read  once  and
   referred to the Committee on Election Law
 
 AN  ACT  to  amend  the  election  law  and  the public officers law, in
   relation to creating a special primary election to take place prior to
   a special election and mandating the governor to proclaim all  special
   elections within ten days of the vacancy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6-114 of the election law is  amended  to  read  as
 follows:
   § 6-114. Party nominations; special election. Party nominations for an
 office  to  be filled at a special election shall be made [in the manner
 prescribed by the rules of the party]  AT  A  SPECIAL  PRIMARY  ELECTION
 PURSUANT  TO  SECTION  6-161  OF  THIS  ARTICLE,  AT WHICH THE CANDIDATE
 RECEIVING THE MOST VOTES SHALL BE THE NOMINEE OF THE PARTY.
   § 2. The election law is amended by adding a new section 6-161 to read
 as follows:
   § 6-161. SPECIAL PRIMARY ELECTIONS. 1. THE  SPECIAL  PRIMARY  ELECTION
 SHALL TAKE PLACE ON THE FIRST TUESDAY OCCURRING AT LEAST THIRTY DAYS BUT
 NO MORE THAN THIRTY-SIX DAYS PRIOR TO THE SPECIAL ELECTION.
   2.  DESIGNATING  PETITIONS FOR A PRIMARY NOMINATION SHALL BE SUBJECTED
 TO THE SAME FORM AND RULES SET OUT IN SECTIONS 6-132 AND 6-134  OF  THIS
 ARTICLE.  DESIGNATING PETITIONS SHALL BE FILED WITHIN TWELVE DAYS OF THE
 DATE THE GOVERNOR PROCLAIMS THE NEED FOR A SPECIAL ELECTION.
   3. NOTWITHSTANDING SECTION 6-136 OF THIS ARTICLE, THE REQUIRED  AMOUNT
 OF  SIGNATURES  FOR  A  DESIGNATING  PETITION, PURSUANT TO THIS SECTION,
 SHALL BE FIVE HUNDRED FOR A STATE SENATORIAL DISTRICT  AND  TWO  HUNDRED
 FIFTY FOR AN ASSEMBLY DISTRICT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00460-01-1

 A. 532                              2
 
   4. PETITIONS FOR INDEPENDENT NOMINATIONS SHALL BE FILED WITHIN FIFTEEN
 DAYS OF THE DATE THE GOVERNOR PROCLAIMS THE NEED FOR A SPECIAL ELECTION.
 NOTWITHSTANDING  SECTION  6-138  OF THIS ARTICLE, THE REQUIRED AMOUNT OF
 SIGNATURES FOR A DESIGNATING PETITION, PURSUANT TO THIS  SECTION,  SHALL
 BE  ONE THOUSAND FOR A STATE SENATORIAL DISTRICT AND FIVE HUNDRED FOR AN
 ASSEMBLY DISTRICT.
   § 3. Subdivisions 1, 3 and 4 of section 42 of the public officers law,
 subdivisions 1 and 4 as amended by chapter 5 of the  laws  of  2019  and
 subdivision  3  as amended by chapter 4 of the laws of 2011, are amended
 and a new subdivision 4-b is added to read as follows:
   1. A vacancy occurring three months before the general election in any
 year in any office authorized to be filled at a general election, except
 in the offices of governor, [or] lieutenant-governor, STATE  SENATOR  OR
 MEMBER  OF  ASSEMBLY,  shall be filled at the general election held next
 thereafter, unless otherwise provided by  the  constitution,  or  unless
 previously filled at a special election.
   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] SHALL make A  proc-
 lamation  WITHIN  TEN  DAYS OF THE VACANCY of a special 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 [not less than seventy
 nor more than eighty] NINETY days OR ON THE FIRST TUESDAY FOLLOWING  THE
 NINETY DAYS from the date of the proclamation.
   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 [three
 months before the general election in 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
 three months before the next general election in  such  year]  SEPTEMBER
 NINETEENTH  OF  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.
   4-B.  IF  A  VACANCY  OCCURS  IN THE OFFICE OF STATE SENATOR OR IN THE
 OFFICE OF MEMBER OF ASSEMBLY BETWEEN ONE HUNDRED EIGHTY AND NINETY  DAYS
 PRIOR  TO  AN ANNUAL PRIMARY ELECTION OR IF A VACANCY OCCURS BETWEEN ONE
 HUNDRED EIGHTY AND NINETY DAYS PRIOR TO A GENERAL ELECTION, THE  SPECIAL
 ELECTION  SHALL  BE  HELD  ON  THE DAY OF THE ANNUAL PRIMARY ELECTION OR
 GENERAL ELECTION RESPECTIVELY, WITH THE SPECIAL PRIMARY ELECTION  TO  BE
 HELD  ON  THE  FIRST  TUESDAY OCCURRING AT LEAST THIRTY DAYS BUT NO MORE
 THAN THIRTY-SIX DAYS PRIOR TO THE SPECIAL ELECTION.
   § 4.  If any section of this act or any part thereof shall be adjudged
 by any court of competent jurisdiction  to  be  invalid,  such  judgment

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 shall  not  affect,  impair  or  invalidate  the  remainder or any other
 section or part thereof.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.