Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly

2 Co-sponsors

• Andrew J. Lanza
• Diane J. Savino

Title of bill

An act to amend the election law, in relation to the procedure to fill senate and assembly vacancies

Purpose or general idea of bill

This bill reforms the system of filling vacancies in the New York State legislature, by implementing nonpartisan special elections to replace the closed nomination process conducted by party committees.

Summary of specific provisions

The bill states that a vacancy in the office of state senator or in the office of member of assembly required will be filled in the following manner. First, within three days of a vacancy, the governor shall make a proclamation of a special non-partisan election to fill such office. The proclamation will specify the district or county where the election is being held, and the election's date, which will be 45 days after the proclamation.

All nominations will be submitted by independent nominating petition as specified in this subdivision. Such petitions will be required to be signed by the lesser of five percent of the votes cast in the last preceding gubernatorial election or 1500 signatures to run for state senator or 750 signatures for an assembly.

Justification

The current selection procedure for filling vacancies in the legislature restricts the participation of voters in the electoral process, thereby undermining democracy. Presently, in the event that there is a vacancy in the state legislature, the process of selecting 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.

New York State's reelection rate is among the highest in the nation. Consequently, legislators elected through the current special election process are generally guaranteed a prolonged seat in office. In the New York State Assembly, nearly one third of legislators obtained office via a special election. Essentially, a significant number of legislators have been placed into office without the districts they serve being given a meaningful choice to fill the vacancy.

A fundamental tenet of our democracy is the accountability of elected officials to the public, best achieved through competitive elections. Under the current special election system, some legislators are more likely accountable to the party leaders and insiders who effectively place them into office. Reform of the vacancy fulfillment process through implementation of a non-partisan special election system will improve public accountability and reduce the influence of outside forces on the legislature.

Prior legislative history

2013-2014:S161/A5290-REFERRED TO ELECTIONS 2011-2012:S26/A1639-REFERRED TO ELECTIONS 2009-2010:S5294/A645-REFERRED TO ELECTIONS

Fiscal implications for state & local governments

None.

Effective date

This act shall take effect immediately.