What's happening
This bill requires special non-partisan elections to fill State Senate or Assembly vacancies in New York City districts spanning multiple counties.
Why it matters
Reduces party control over filling vacancies. Instead of party committees selecting candidates when a State Senate or Assembly seat becomes vacant in certain New York City districts, regular voters will now choose through a special non-partisan election, potentially increasing community input and reducing backroom deals.
Speeds up the process for filling vacancies. The bill sets a strict timeline—requiring the governor to call a special election within three days of a vacancy and holding that election just 45 days later, which could minimize the length of time constituents are left without representation.
Lowers barriers for candidates to get on the ballot. By allowing independent nominating petitions (rather than party nominations), and capping the required signatures (no more than 1,500 for Senate, 750 for Assembly, or 5% of the last gubernatorial vote), the bill could make it easier for non-establishment or grassroots candidates to run.
May increase voter choice and nonpartisan options. Since the special election is non-partisan and requires independent nomination, voters may see a broader range of candidates and perspectives, rather than only those backed by major political parties, potentially increasing electoral competition and innovation.
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Who cares
Headline styles
Special Elections Fill Vacancies
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1708
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. SIMON, D'URSO, MOSLEY, SEAWRIGHT, RIVERA -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the procedure to fill certain senate and assembly vacancies in a city with a population of one million or more
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, in a city with a population of one million or more, a vacancy in the office of state senator or in the office of member of assembly occurring in a district consisting of parts of more than one county and 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 such a vacancy, the governor shall make proclamation of a special non-partisan election to fill such office, specifying the district and/or counties in which the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01788-01-9
A. 1708 2
election is to be held, and the day thereof, which shall be forty-five days from the date of the proclamation.
(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, 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 such 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.
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