What's happening
This bill requires a special election within 60 to 90 days to fill a U.S. Senate vacancy in New York.
Why it matters
Limits governor’s appointment power. By mandating a rapid special election, the bill prevents the governor from unilaterally appointing someone to the U.S. Senate for an extended period, increasing democratic input.
Accelerates voter say in Senate representation. New Yorkers would directly elect a replacement senator within 60–90 days, ensuring their voice is quickly reflected in the Senate during potentially pivotal national debates.
Aligns with existing election cycles when possible. If the vacancy occurs near a primary or general election, the special election will coincide, potentially reducing costs and boosting voter turnout.
Could impact Senate balance. In a closely divided U.S. Senate, this change means New York’s vacant seat would be filled by voters sooner, which could affect national legislative priorities and party control.
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Who cares
New York governor
The bill would require the governor to issue a writ within ten days of a U.S. Senate vacancy, setting a special election to fill the unexpired term.
New York voters
Voters would choose a replacement senator in a special election, held alongside that year's primary or general election if the vacancy occurs less than 100 days before either date.
Election administrators
They would need to administer a special election 60 to 90 days after the vacancy occurs, unless the bill requires it to coincide with a primary or general election.
Prospective U.S. Senate candidates
Candidates seeking the vacant seat would face the bill's expedited election schedule and compete to serve the remainder of the term.
Headline styles
Special Elections for Senate Vacancies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4147
2017-2018 Regular Sessions
IN SENATE
February 3, 2017
Introduced by Sen. TEDISCO -- 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, in relation to vacancies occurring in the office of United States senator and to repeal subdivision
4-a of section 42 of the public officers law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4-a of section 42 of the public officers law is REPEALED and a new subdivision 4-a is added to read as follows:
4-a. If a vacancy occurs in the office of United States senator from this state, the governor shall order a special election to fill the vacancy for the unexpired term. Within ten days after the occurrence of such vacancy, the governor shall issue a writ of election fixing a date for the special election not less than sixty days nor more than ninety days after such occurrence. If the vacancy occurs less than one hundred days before either the annual primary election date or the annual general election date then the special election to fill such vacancy shall be held in concert with the primary or general election for that year.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06392-01-7
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, in relation to vacancies occurring in the office of United States senator and to repeal subdivision 4-a of section 42 of the public officers law relating thereto
Purpose or general idea of bill
To direct that the governor order a special election whenever a vacancy in the office of United States Senator occurs.
Summary of specific provisions
This bill mandates that within ten days of the occurrence of a vacancy in the office of United States senator from the State of New York, the governor issue a writ of election calling a special election to fill the vacancy. Such special election shall be held within sixty to ninety days from the date of issue of the writ. If an annual or primary election is already scheduled within one hundred days of the occurrence of the vacancy, then the special election shall be held on the sooner of either of those election days. The person elected shall fill the remainder of the unexpired term.
Effects of the present law which this bill would affect
Repeals the existing subdivision 4-a of section 42 of the Public Officers Law and adds a new subdivision 4-a.
Justification
The 17th Amendment to the United States Constitution provides that when vacancies occur in the office of United States senator, the executive shall issue writs of election to fill such vacancies. However, the amendment also provides that the state legislature may empower the executive to make temporary appointments until the vacancy is filled by election, as the legislature may direct. Recent events in the State of Illinois where there are allegations of the corrupt use of the governor's appointment power and here, in our state, where candidates for appointment have lobbied the governor and other persons believed to have influence with the governor. demonstrate that the appointment of an interim senator is not in the public interest. One person should not be in a position to appoint an individual to represent 19 million New Yorkers; the voters of the state should have that right.
Several other states require immediate special elections and at least two other states (Massachusetts and Minnesota) are currently considering eliminating temporary gubernatorial appointments, in favor of popular elections. In order that the state not suffer an inordinate amount of time without a United States Senator, this bill directs the governor to call a special election within ten days of the occurrence of the vacancy and that the election occur within 60 to 90 days thereafter.
In order to prevent an additional election expense, the bill further provides that if the vacancy occurs within 100 days of either an annual primary or general election, the special election shall be held in concert with such regularly scheduled election.
Prior legislative history
New Bill
Fiscal implications for state and 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.