Bill Text: NY S01801 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for a special election to fill vacancies in the office of United States senator, comptroller or attorney general which shall be held not more than 45 days after the occurrence of such vacancy.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01801 Detail]

Download: New_York-2009-S01801-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1801
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 6, 2009
                                      ___________
       Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  FUSCHILLO,  LANZA, LARKIN,
         MAZIARZ, MCDONALD, MORAHAN, SEWARD, SKELOS, VOLKER -- read  twice  and
         ordered  printed, and when printed to be committed to the Committee on
         Investigations and Government Operations
       AN ACT to amend the public officers law, in relation to vacancies occur-
         ring in the offices of United States senator, comptroller or  attorney
         general  and  to  repeal  subdivision  4-a of section 42 of the public
         officers law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4-a of section 42 of the public officers law is
    2  REPEALED and a new subdivision 4-a is added to read as follows:
    3    4-A.  IF  A VACANCY OCCURS IN THE OFFICE OF UNITED STATES SENATOR FROM
    4  THIS STATE, THE GOVERNOR SHALL ORDER A  SPECIAL  ELECTION  TO  FILL  THE
    5  VACANCY  FOR THE UNEXPIRED TERM. WITHIN TEN DAYS AFTER THE OCCURRENCE OF
    6  SUCH VACANCY, THE GOVERNOR SHALL ISSUE A WRIT OF ELECTION FIXING A  DATE
    7  FOR THE SPECIAL ELECTION NOT MORE THAN FORTY-FIVE DAYS AFTER SUCH OCCUR-
    8  RENCE.  IF  THE  VACANCY OCCURS LESS THAN ONE HUNDRED DAYS BEFORE EITHER
    9  THE ANNUAL PRIMARY ELECTION DATE OR THE  ANNUAL  GENERAL  ELECTION  DATE
   10  THEN  THE SPECIAL ELECTION TO FILL SUCH VACANCY SHALL BE HELD IN CONCERT
   11  WITH THE PRIMARY OR GENERAL ELECTION FOR THAT YEAR.
   12    S 2. Section 41 of the public officers law, as amended by  chapter  91
   13  of the laws of 1928, is amended to read as follows:
   14    S 41. Vacancies  filled  by  legislature.  When  a  vacancy  occurs or
   15  exists[, other than by removal,] in the office of comptroller or  attor-
   16  ney-general,  or  a resignation of either such officer to take effect at
   17  any future day shall  have  been  made  [while  the  legislature  is  in
   18  session, the two houses thereof, by joint ballot, shall appoint a person
   19  to  fill  such actual or prospective vacancy] THE GOVERNOR SHALL ORDER A
   20  SPECIAL ELECTION TO FILL THE VACANCY FOR THE UNEXPIRED TERM. WITHIN  TEN
   21  DAYS  AFTER  THE  OCCURRENCE OF SUCH VACANCY, THE GOVERNOR SHALL ISSUE A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07659-02-9
       S. 1801                             2
    1  WRIT OF ELECTION FIXING A DATE FOR THE SPECIAL ELECTION  NOT  MORE  THAN
    2  FORTY-FIVE  DAYS  AFTER SUCH OCCURRENCE. IF THE VACANCY OCCURS LESS THAN
    3  ONE HUNDRED DAYS BEFORE EITHER THE ANNUAL PRIMARY ELECTION DATE  OR  THE
    4  ANNUAL  GENERAL  ELECTION  DATE  THEN  THE SPECIAL ELECTION TO FILL SUCH
    5  VACANCY SHALL BE HELD IN CONCERT WITH THE PRIMARY  OR  GENERAL  ELECTION
    6  FOR THAT YEAR.
    7    S 3. This act shall take effect immediately.