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A927Assembly2017-2018 SessionSame asS1231

Special Elections for Vacancies

Official title

“Provides for a special election, at the discretion of the governor, to fill vacancies in the office of comptroller and attorney-general”

Sponsor Kevin CahillAD-103
Status
In Assembly Committee
Governmental Operations
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Operations

What's happening

This bill allows the governor to call special elections to fill vacancies in the offices of comptroller, attorney-general, and U.S. senator.

Why it matters

  1. Shifts power from the legislature to the governor. By allowing the governor, rather than the state legislature, to call special elections for vacancies in key statewide offices, the bill changes the balance of authority over how these important positions are filled.

  2. Promotes direct voter involvement. Special elections mean that voters, not just political insiders, have a say in who fills high-profile offices like comptroller, attorney-general, and U.S. senator, potentially increasing democratic legitimacy and accountability.

  3. Changes potential timing and process of filling vacancies. The bill sets a specific timeframe (45 to 60 days after the governor’s proclamation) for special elections, which could result in faster or more predictable replacement processes compared to legislative appointments or temporary appointments.

  4. Could impact partisan dynamics and succession planning. Because governors may be motivated by political considerations in calling special elections, this change could alter the partisan makeup of state and federal representation, especially if the governor’s party differs from the previous officeholder’s.

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Who cares

  • Governor

    The bill would give the governor discretion to call special elections for vacancies in the offices of comptroller, attorney-general and U.S. senator, with voting 45 to 60 days after the proclamation.

  • State legislators

    The bill would remove the Legislature’s authority to fill comptroller and attorney-general vacancies by joint ballot.

  • New York voters

    Voters would choose replacements for these vacant statewide offices if the governor calls a special election.

  • U.S. Senate candidates

    The bill would replace the temporary-appointment provisions for Senate vacancies with a discretionary special-election process.

Headline styles

Special Elections for Vacancies

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to governmental operations
  2. Referred to governmental operations

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.

S1231Senate

Allow Special Elections for Vacancies

In Senate Committee · Investigations And Government Operations · Sponsor Joseph A. Griffo

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

927

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET- TO, COLTON, CROUCH, CUSICK, GALEF, GOTTFRIED, GUNTHER, JAFFEE, KAVANAGH, LOPEZ, LUPARDO, MAGEE, ORTIZ, PAULIN, PEOPLES-STOKES, RAIA, ROSENTHAL, THIELE -- read once and referred to the Committee on Governmental Operations

AN ACT to amend the public officers law, in relation to vacancies in the office of comptroller or attorney-general

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

Section 1. Section 41 of the public officers law, as amended by chapter 91 of the laws of 1928, is amended to read as follows:

§ 41. Vacancies [filled by legislature] in the office of comptroller or attorney-general. When a vacancy occurs or exists[, other than by removal,] in the office of comptroller or attorney-general, [or a resignation of either such officer to take effect at any future day shall have been made while the legislature is in session, the two houses thereof, by joint ballot, shall appoint a person to fill such actual or prospective vacancy] the governor may in his or her discretion make proclamation of a special election to fill such office, specifying the date of such election, which shall be not less than forty-five nor more than sixty days from the date of the proclamation.

§ 2. Subdivision 4-a of section 42 of the public officers law, as amended by chapter 373 of the laws of 1978, is amended to read as follows:

4-a. If a vacancy occurs in the office of United States senator from this state [in any even numbered calendar year on or after the fiftyninth day prior to the annual primary election, or thereafter during said even numbered year, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the year following the next even numbered calendar year. If such vacancy occurs in any even numbered calendar year on or before the sixtieth day prior to an

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01489-01-7

A. 927 2

annual primary election, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the next calendar year. If a vacancy occurs in the office of United States senator from this state in any odd numbered calendar year, the governor shall make a temporary appointment to fill such vacancy until the third day of January in the next odd numbered calendar year. Such an appointment shall be evidenced by a certificate of the governor which shall be filed in the office of the state board of elections. At the time for filing such certificate], the governor may in his or her discretion, make proclamation of a special election to fill such office, specifying the date of such election, which shall not be less than forty-five nor more than sixty days from the date of such proclamation. The governor shall issue and file in the office of the state board of elections a writ of election directing the election of a United States senator to fill such vacancy for the unexpired term at the general election next preceding the expiration for the term of such [appointment] special election.

§ 3. This act shall take effect on the same date as a concurrent resolution entitled "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 5 of the constitution, in relation to providing for special elections to fill the offices of comptroller and attorney-general", takes effect.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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