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A9868Assembly2009-2010 SessionSame asS5290

Relates to the procedure to fill vacancies for representatives in Congress

Status
In Assembly Committee
Election Law
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Election Law

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Sponsors

Primary sponsor
Brian Kavanagh

Assembly Member · Assembly District 74

1 Co-sponsor

History

  1. Referred to election law

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5290Senate

Relates to the procedure to fill vacancies for representatives in Congress

In Senate Committee · Elections · Sponsor Daniel L. Squadron

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9868

Title of bill

An act to amend the election law and the public officers law, in relation to the procedure to fill vacancies for representatives in Congress

Purpose

Requires vacancies for representatives in Congress to be filled by non-partisan special elections.

Summary of provisions

Section 1 of the bill amends section 12-300 of the election law to include a new subdivision 2. This subdivision directs the governor to proclaim a special non-partisan election within three days of the occurrence of a vacancy in the office of represen- tative in congress and calls for-this election to be held forty-five days from the governor's proclamation, It also sets forth the nominating petition process, specifies that such petitions should be filed within fifteen clays of the governor's proclamation and calls on the person elected to take office immediately and serve for the remainder of the unexpired term.

Section 2 of the bill amends subdivision 4 of section 42 of the public officers law to .remove the office of representative in Congress from the provisions of this subdivision.

Section 3 of the bill specifies the effective date.

Justification

The current selection procedure for filling vacancies in congressional seats restricts the participation of voters in the elec- toral process, thereby undermining democracy. Presently, in the event that there is a vacancy in a congressional seat, the process of select- ing a new representative does not permit real voter participation in a contested election. Rather, a committee filled with political insiders conducts a closed nomination meeting to determine what candidate obtains the party line, effectively guaranteeing election in many districts throughout New York State.

A fundamental tenet of our democracy is the accountability of elected officials to the public, best achieved through competitive elections. Reform of the process by which congressional seats are filled, through implementation of a non-partisan special-election system will improve public accountability.

Legislative history

'This is a new bill.

Fiscal impact on the state

None.

Effective date

This act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.