Bill Text: NY A08028 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the dates by which the governor may make proclamation of a special election to fill certain offices; provides that a special election shall not be held to fill a vacancy in any other office subject to a proclamation by the governor unless the vacancy occurs before the first day of April of the last year of the term of office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-06-10 - substituted by s7227 [A08028 Detail]

Download: New_York-2021-A08028-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8028

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 7, 2021
                                       ___________

        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Election Law

        AN  ACT  to  amend  the public officers law, in relation to the dates by
          which the governor may make proclamation of a special election to fill
          certain offices

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 3 and 4 of section 42 of the public officers
     2  law, subdivision 3 as amended by chapter 4  of  the  laws  of  2011  and
     3  subdivision  4  as amended by chapter 5 of the laws of 2019, are amended
     4  to read as follows:
     5    3. Upon the failure to elect to any office, except that of governor or
     6  lieutenant-governor, at a general or special  election,  at  which  such
     7  office is authorized to be filled, or upon the death or disqualification
     8  of  a  person  elected  to  office before the commencement of his or her
     9  official term, or upon the occurrence  of  a  vacancy  in  any  elective
    10  office  which  cannot be filled by appointment for a period extending to
    11  or beyond the next general election at which a  person  may  be  elected
    12  thereto,  the governor [may in his or her discretion] shall make procla-
    13  mation of a special election to fill such office within ten days of  the
    14  occurrence  of a vacancy, specifying the district or county in which the
    15  election is to be held, and the day thereof, which shall be: a. not less
    16  than seventy nor more than eighty days from the date of the proclamation
    17  to fill a vacancy in the office of a representative in congress; and  b.
    18  not  less  than forty days nor more than fifty days from the date of the
    19  proclamation to fill a vacancy in any other office.
    20    4. a. A special election shall not be held to fill a  vacancy  in  the
    21  office  of a representative in congress unless such vacancy occurs on or
    22  before the first day of July of the last year of the term of office,  or
    23  unless  it occurs thereafter and a special session of congress is called

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11710-02-1
        A. 8028                             2

     1  to meet before the next general  election,  or  be  called  after  three
     2  months before the general election in such year[; nor].
     3    b.  A  special  election  shall  not  be held to fill a vacancy in the
     4  office of state senator or in the office of member of  assembly,  unless
     5  the vacancy occurs before the first day of April of the last year of the
     6  term  of  office,  or unless the vacancy occurs in either such office of
     7  senator or member of assembly after  such  first  day  of  April  and  a
     8  special  session of the legislature be called to meet between such first
     9  day of April and the next general election  or  be  called  after  three
    10  months before the next general election in such year.
    11    c. A special election shall not be held to fill a vacancy in any other
    12  office subject to a proclamation by the governor pursuant to subdivision
    13  three  of this section unless the vacancy occurs before the first day of
    14  April of the last year of the term of office.
    15    d. If a special election to fill  an  office  shall  not  be  held  as
    16  required  by  law,  the  office  shall  be  filled  at  the next general
    17  election.
    18    § 2.  This act shall take effect immediately.