What's happening
This bill requires vacancies in the New York State Senate or Assembly to be filled by a special non-partisan election within 45 days.
Why it matters
Reduces the influence of political parties. by requiring all candidates in special elections for vacant State Senate or Assembly seats to qualify through independent nominating petitions, rather than party committee selection.
Accelerates the process of representation. by mandating that vacancies be filled within 45 days, limiting the amount of time a district goes without legislative representation.
Lowers barriers for candidacy. by setting modest signature requirements for independent petitions (1,500 for State Senate, 750 for Assembly, or 5% of the last gubernatorial vote, whichever is less), potentially encouraging a wider range of candidates.
Promotes immediate accountability. as newly elected representatives assume office right after qualification, ensuring that constituents are not left waiting for their voices to be heard in the legislature.
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Who cares
Headline styles
Special Elections for Vacant Seats
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 8
1 Co-sponsor
History
- Referred to elections
- Referred to elections
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.
Special Elections For Vacancies
In Assembly Committee · Election Law · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1641
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. BROOKS -- 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.
LBD03282-01-9
S. 1641 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
The purpose of this bill is to reform 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 provisions
Section 1. amends section 6-116 of the election law by providing within three days of a vacancy in the Senate or Assembly the Governor shall announce a special non-partisan election that will occur 45 days from the date of the proclamation. All nominations for the election to fill a vacancy will be done via independent nominating petition. A person elected to fill a vacancy shall assume office immediately.
Section 2. is the enacting clause.
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.
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. Rath- er, a committee filled with political insiders conducts a closed nomi- nation 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 twin placed into office without the districts they serve being given a meaningful choice tto ll4tlte 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 nonpartisan special election system will
improve public accountability and reduce the influence of outside forces on the legislature.
Fiscal implications
None to the state
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.