Bill Text: NY A00835 | 2019-2020 | General Assembly | Introduced


Bill Title: Sets out the procedures and requirements for special elections; implements a timetable for the special primary and special election, including the number of signatures required for the petition.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced) 2019-01-11 - referred to election law [A00835 Detail]

Download: New_York-2019-A00835-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           835
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by  M.  of A. L. ROSENTHAL, DINOWITZ, GALEF, PAULIN, CAHILL,
          QUART, MALLIOTAKIS -- 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:
     1    Section  1.  Section  6-114  of the election law is amended to read as
     2  follows:
     3    § 6-114. Party nominations; special election. Party nominations for an
     4  office to be filled at a special election shall be made [in  the  manner
     5  prescribed  by  the  rules  of  the party] at a special primary election
     6  pursuant to section 6-161  of  this  article,  at  which  the  candidate
     7  receiving the most votes shall be the nominee of the party.
     8    § 2. The election law is amended by adding a new section 6-161 to read
     9  as follows:
    10    §  6-161.  Special  primary elections. 1. The special primary election
    11  shall take place on the first Tuesday occurring at least thirty days but
    12  no more than thirty-six days prior to the special election.
    13    2. Designating petitions for a primary nomination shall  be  subjected
    14  to  the  same form and rules set out in sections 6-132 and 6-134 of this
    15  article. Designating petitions shall be filed within twelve days of  the
    16  date the governor proclaims the need for a special election.
    17    3.  Notwithstanding section 6-136 of this article, the required amount
    18  of signatures for a designating  petition,  pursuant  to  this  section,
    19  shall  be  five  hundred for a state senatorial district and two hundred
    20  fifty for an assembly district.
    21    4. Petitions for independent nominations shall be filed within fifteen
    22  days of the date the governor proclaims the need for a special election.
    23  Notwithstanding section 6-138 of this article, the  required  amount  of
    24  signatures  for  a designating petition, pursuant to this section, shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03286-01-9

        A. 835                              2
     1  be one thousand for a state senatorial district and five hundred for  an
     2  assembly district.
     3    § 3. Subdivisions 1, 3 and 4 of section 42 of the public officers law,
     4  subdivision 1 as amended by chapter 878 of the laws of 1946, subdivision
     5  3  as  amended  by  chapter  4  of the laws of 2011 and subdivision 4 as
     6  amended by chapter 317 of the laws of 1954, are amended and a new subdi-
     7  vision 4-b is added to read as follows:
     8    1. A vacancy occurring before September twentieth of any year  in  any
     9  office  authorized  to  be  filled  at a general election, except in the
    10  offices of governor [or], lieutenant-governor, state senator  or  member
    11  of assembly, shall be filled at the general election held next thereaft-
    12  er,  unless otherwise provided by the constitution, or unless previously
    13  filled at a special election.
    14    3. Upon the failure to elect to any office, except that of governor or
    15  lieutenant-governor, at a general or special  election,  at  which  such
    16  office is authorized to be filled, or upon the death or disqualification
    17  of  a  person  elected  to  office before the commencement of his or her
    18  official term, or upon the occurrence  of  a  vacancy  in  any  elective
    19  office  which  cannot be filled by appointment for a period extending to
    20  or beyond the next general election at which a  person  may  be  elected
    21  thereto,  the governor [may in his or her discretion] shall make a proc-
    22  lamation within ten days of the vacancy of a special  election  to  fill
    23  such  office, specifying the district or county in which the election is
    24  to be held, and the day thereof, which shall be [not less  than  seventy
    25  nor  more than eighty] ninety days or on the first Tuesday following the
    26  ninety days from the date of the proclamation.
    27    4. A special election shall not be held  to  fill  a  vacancy  in  the
    28  office  of a representative in congress unless such vacancy occurs on or
    29  before the first day of July of the last year of the term of office,  or
    30  unless  it occurs thereafter and a special session of congress is called
    31  to meet before the next general election, or be called  after  September
    32  nineteenth  of  such year[; nor to fill a vacancy in the office of state
    33  senator or in the office of  member  of  assembly,  unless  the  vacancy
    34  occurs  before  the  first  day of April of the last year of the term of
    35  office, or unless the vacancy occurs in either such office of senator or
    36  member of assembly after such first day of April and a  special  session
    37  of the legislature be called to meet between such first day of April and
    38  the  next  general  election  or be called after September nineteenth in
    39  such year]. If a special election to fill an office shall not be held as
    40  required by law,  the  office  shall  be  filled  at  the  next  general
    41  election.
    42    4-b.  If  a  vacancy  occurs  in the office of state senator or in the
    43  office of member of assembly between one hundred eighty and ninety  days
    44  prior  to  an annual primary election or if a vacancy occurs between one
    45  hundred eighty and ninety days prior to a general election, the  special
    46  election  shall  be  held  on  the day of the annual primary election or
    47  general election respectively, with the special primary election  to  be
    48  held  on  the  first  Tuesday occurring at least thirty days but no more
    49  than thirty-six days prior to the special election.
    50    § 4.  If any section of this act or any part thereof shall be adjudged
    51  by any court of competent jurisdiction  to  be  invalid,  such  judgment
    52  shall  not  affect,  impair  or  invalidate  the  remainder or any other
    53  section or part thereof.
    54    § 5. This act shall take effect on the first of January next  succeed-
    55  ing the date on which it shall have become a law.
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