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S2040Senate2017-2018 Session

Faster Special Elections Required

Official title

“Relates to elections to fill vacancies in the office of state senator or in the office of member of assembly”

Sponsor Tony AvellaSD-11Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill requires the Governor to call special non-partisan elections within seven days to fill State Senate or Assembly vacancies, with candidates nominated by petition rather than party committees.

Why it matters

  1. Reduces the influence of political parties. by requiring that candidates for vacant State Senate or Assembly seats be nominated through independent petitions, not by party committees—potentially opening the process to a wider range of candidates and diminishing party control over who appears on the ballot.

  2. Accelerates the vacancy-filling process. by mandating that the Governor proclaim a special election within seven days of a vacancy, ensuring quicker representation for constituents and reducing the time districts go without elected officials.

  3. Switches to non-partisan special elections. for these legislative vacancies, meaning ballots will not list party affiliations, which could encourage voters to focus more on candidate qualifications and platforms rather than party loyalty.

  4. Establishes clear and accessible petition requirements. for prospective candidates (either a fixed number or 5% of votes cast in the last gubernatorial election, whichever is less), making it more feasible for independent or less-established candidates to qualify for the ballot and potentially increasing electoral competition.

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Who cares

Headline styles

Faster Special Elections Required

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

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Full text

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

STATE OF NEW YORK

2040

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

Introduced by Sen. AVELLA -- 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 and the election law, in relation to elections to fill vacancies in the office of state senator or in the office of member of assembly

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

Section 1. Subdivision 3 of section 42 of the public officers law, as amended by chapter 4 of the laws of 2011, is amended to read as follows:

3. Upon the failure to elect to any office, except that of governor or lieutenant-governor, at a general or special election, at which such office is authorized to be filled, or upon the death or disqualification of a person elected to office before the commencement of his or her official term, or upon the occurrence of a vacancy in any elective office which cannot be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the governor may in his or her discretion make proclamation of a special 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 not less than seventy nor more than eighty days from the date of the proclamation; provided, however, within seven days of the occurrence of a vacancy in the office of state senator or in the office of member of assembly, the governor shall make proclamation of a special election to fill such office specifying the district in which the election is to be held, and the day thereof, which shall be not less than seventy nor more than eighty days from the date of the proclamation.

§ 2. 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

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

[ ] is old law to be omitted.

LBD01214-01-7

S. 2040 2

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 special non-partisan election. 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. 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 in the district or:

(a) two thousand signatures per petition for the office of state senator; and

(b) one thousand signatures per petition for the office of member of assembly.

No signature on an independent nominating petition made earlier than the date of the proclamation calling the special election shall be counted.

§ 3. 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 public officers law and the election law, in relation to elections to fill vacancies in the office of state senator or in the office of member of assembly

Purpose or general idea of bill

This bill would reform the special elections procedure for the New York State legislature, by creating a nonpartisan, independent nomination process.

Summary of provisions

Section 1 of the bill amends subdivision 3 of section 42 of the public officers law to require that, on the occurrence of a vacancy in the office of state senator or member of the assembly, the governor shall make a proclamation of a special election to fill the office, within seven days of the vacancy.

Section 2 of the bill amends section 6-116 of the election law to provide that a vacancy in the office of state senator or member of the assembly shall be filled by special non-partisan election. All nominations for said election shall be by independent nominating petition. The 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 in the district or two thousand signatures for the office of state senator and one thousand for the office of member of the assembly.

Section 3 of the bill provides that this act shall take effect immediately.

Justification

In a general election, candidates of any party must petition in order to gain the nomination. The petitioning serves as a form of public review. However, under current law, candidates for a special election are nominated in accordance with individual party nomination rules, rather than by petition. This system leaves political parties in a position of enormous influence, as they have the ability to choose the candidates outside of any public evaluation.

This bill aims to remove the partisan special elections process, by establishing a completely nonpartisan system by which all candidates must be nominated by independent nominating petition. By requiring that all candidates obtain a place on the ballot by independent petition, the playing field is leveled, and the people are free to choose their candidates.

This bill also seeks to address gubernatorial discretion in issuing special election proclamations. As illustrated in the 2014 electoral cycle, current law allows the Governor to refuse to issue a proclamation for a special election. However, failure to hold a special election when a vacancy occurs leads to the overall disenfranchisement of the residents of the respective district, who are left without representation.

This bill further aims to ensure that the people of every district are properly represented, by requiring that the Governor issue a proclamation for a special election within seven days of a vacancy.

Prior legislative history

None.

Fiscal implications for state and local governments

TBD.

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.