What's happening
This bill requires vacancies in the New York State Senate or Assembly to be filled by a special non-partisan election, rather than by party committees.
Why it matters
Removes party committees from the process of filling vacant legislative seats, shifting the power to voters and potentially increasing democratic accountability.
Requires a special non-partisan election to be called within 45 days of a vacancy, ensuring vacant seats are filled more quickly and transparently.
Mandates that candidates for the special election qualify via independent nominating petitions, lowering signature thresholds compared to regular elections, which could make it easier for non-traditional or independent candidates to get on the ballot.
The person elected in the special election takes office immediately and serves the remainder of the term, reducing the time a district is unrepresented.
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Who cares
Headline styles
Special Elections for Vacancies
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to elections
Companion bills
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.
Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly
In Assembly Committee · Election Law · Sponsor Linda Rosenthal
Special Elections for Vacancies
In Senate Committee · Elections · Sponsor John E. Brooks
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1797
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sens. SQUADRON, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to the procedure to fill senate and assembly vacancies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 6-116 of the election law, as amended by chapter 373 of the laws of 1978, is amended to read as follows:
§ 6-116. Party nominations; election to fill a vacancy. 1. A party nomination of a candidate for election to fill a vacancy in an elective office required to be filled at the next general election, occurring after seven days before the last day for circulating designating petitions or after the holding of the meeting or convention to nominate or designate candidates for such, shall be made, after the day of the primary election, by a majority vote of a quorum of the state committee if the vacancy occurs in an office to be filled by all voters of the state, and otherwise by a majority vote of a quorum of the members of a county committee or committees last elected in the political subdivision in which such vacancy is to be filled, or by a majority of such other committee as the rules of the party may provide. A certificate of nomination shall be filed as provided for [herein] in this article.
2. Notwithstanding the provisions of subdivision one of this section, a vacancy in the office of state senator or in the office of member of assembly required to be filled at the next general election shall be filled by popular election in the following manner:
(a) Within three days of the occurrence of a vacancy, the governor shall make proclamation of a special non-partisan election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be forty-five days from the date of the proclamation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00848-01-7
S. 1797 2
(b) All nominations for elections to fill vacancies held pursuant to this subdivision shall be by independent nominating petition, such petitions to be subject to the provisions of this article pertaining to independent nominations except as is otherwise set forth in this subdivision. The sheets of the independent nominating petition shall set forth in every instance the name of the signer, his or her residence address, town or city (except in the city of New York, the county), and the date the signature is fixed. Such petition shall be required to contain a designated number of signatures which shall be the lesser of five percent of votes cast in the last preceding gubernatorial election or one thousand five hundred signatures per petition for the office of state senator and seven hundred fifty signatures per petition for the office of member of assembly. A signature on an independent nominating petition made earlier than the date of the proclamation required by paragraph (a) of this subdivision shall not be counted.
(c) All nominating petitions filed pursuant to this subdivision shall be filed in accordance with the provisions of section 6-144 of this article within fifteen days after the date of the governor's proclamation as described in paragraph (a) of this subdivision.
(d) A person elected to fill a vacancy at an election held pursuant to this subdivision shall take office immediately upon qualification and serve for the remainder of the unexpired term.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2016:S155/A441 - REFERRED TO ELECTIONS/ referred to election law 2015:S155/A441 - REFERRED TO ELECTIONS/ referred to election law 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.