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