Bill Text: NY A00297 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the "U.S. Senate vacancy election act"; directs the governor to issue a writ of election when there is a vacancy in the office of United States senator, and also makes a temporary appointment to such vacancy until the special election to fill the vacancy is held. [Track Bill]

Status: 2012-01-04 - referred to governmental operations [A00297 Detail]

Download: New_York-2011-A00297-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          297
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the  public  officers  law  and  the  election  law,  in
         relation to enacting the "U.S. Senate vacancy election act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "U.S. Senate vacancy election act".
    3    S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
    4  amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
    5  follows:
    6    4-a.  (A)  If  a vacancy occurs in the office of United States senator
    7  from this state [in any even numbered calendar  year  on  or  after  the
    8  fifty-ninth  day  prior  to  the  annual primary election, or thereafter
    9  during said even numbered year], the governor  shall  make  a  temporary
   10  appointment  to fill such vacancy until the [third day of January in the
   11  year following the next even numbered calendar  year]  SPECIAL  ELECTION
   12  HELD  TO FILL SUCH VACANCY IN ACCORDANCE WITH THE PROCEDURES PROVIDED IN
   13  PARAGRAPH (B) OF THIS SUBDIVISION IS CERTIFIED BY  THE  STATE  BOARD  OF
   14  ELECTIONS.    [If such vacancy occurs in any even numbered calendar year
   15  on or before the sixtieth day prior to an annual primary  election,  the
   16  governor  shall  make a temporary appointment to fill such vacancy until
   17  the third day of January in the next calendar year. If a vacancy  occurs
   18  in  the  office  of  United  States  senator  from this state in any odd
   19  numbered calendar year, the governor shall make a temporary  appointment
   20  to  fill  such  vacancy  until  the third day of January in the next odd
   21  numbered calendar year.  Such an appointment shall  be  evidenced  by  a
   22  certificate  of  the  governor which shall be filed in the office of the
   23  state board of elections. At the time for filing such  certificate,  the
   24  governor  shall  issue  and  file  in  the  office of the state board of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01239-01-1
       A. 297                              2
    1  elections a writ of election directing the election of a  United  States
    2  senator  to  fill  such  vacancy  for  the unexpired term at the general
    3  election next preceding the expiration for the  term  of  such  appoint-
    4  ment.]
    5    (B) WITHIN THREE DAYS OF THE VACANCY THE GOVERNOR SHALL ISSUE AND FILE
    6  IN THE OFFICE OF THE STATE BOARD OF ELECTIONS A WRIT OF ELECTION DIRECT-
    7  ING THE ELECTION OF A UNITED STATES SENATOR TO FILL SUCH VACANCY FOR THE
    8  UNEXPIRED  TERM  AT  A  SPECIAL ELECTION HELD ON A TUESDAY NOT LESS THAN
    9  NINETY DAYS NOR MORE THAN ONE HUNDRED TWENTY DAYS AFTER  THE  FILING  OF
   10  SUCH  WRIT WITH THE STATE BOARD OF ELECTIONS, WITH PARTY NOMINATIONS FOR
   11  SUCH ELECTION TO BE DETERMINED BY A SPECIAL PRIMARY ELECTION IN  ACCORD-
   12  ANCE WITH SECTION 6-115 OF THE ELECTION LAW.
   13    S 3. The election law is amended by adding a new section 6-115 to read
   14  as follows:
   15    S  6-115.  PARTY NOMINATIONS; UNITED STATES SENATOR; SPECIAL ELECTION.
   16  NOTWITHSTANDING THE PROVISIONS OF SECTION 6-114 OF THIS  ARTICLE,  PARTY
   17  NOMINATIONS  FOR  THE OFFICE OF UNITED STATES SENATOR SHALL BE BY DESIG-
   18  NATION AND NOMINATION BY PETITION AND A SPECIAL PRIMARY ELECTION HELD ON
   19  A TUESDAY DESIGNATED BY THE STATE  BOARD  OF  ELECTIONS  NOT  LESS  THAN
   20  FORTY-FIVE DAYS NOR MORE THAN SIXTY DAYS AFTER THE GOVERNOR FILES A WRIT
   21  OF  ELECTION  WITH  THE STATE BOARD OF ELECTIONS TO FILL SUCH VACANCY IN
   22  THE OFFICE OF UNITED STATES SENATOR. SUCH DESIGNATIONS, NOMINATIONS  AND
   23  SPECIAL  PRIMARY  ELECTIONS SHALL BE CONDUCTED PURSUANT TO RULES PROMUL-
   24  GATED BY THE STATE BOARD OF ELECTIONS, WHICH TO  THE  EXTENT  APPLICABLE
   25  SHALL BE CONSISTENT WITH THE OTHER PROVISIONS OF THIS ARTICLE.
   26    S 4. Subdivision 14 of section 6-158 of the election law is amended to
   27  read as follows:
   28    14.  A vacancy occurring before September twentieth of any year in any
   29  office authorized to be filled at a  general  election,  except  in  the
   30  offices   of  governor[,]  OR  lieutenant-governor[,  or  United  States
   31  senator] shall be filled at the general election held  next  thereafter,
   32  unless  otherwise  provided  by  the  constitution, or unless previously
   33  filled at a special election.
   34    S 5. This act shall take effect immediately.