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 party committee appointment.
Why it matters
Removes party committees from the process of filling vacant legislative seats, shifting the power to voters. This change reduces the influence of party insiders and could lead to more independent or less establishment-aligned legislators being chosen.
Requires rapid special elections, with vacancies filled within 45 days of the governor’s proclamation. This quick turnaround means constituents spend less time without representation and could impact the legislative balance more swiftly.
Mandates independent nominating petitions for candidates, not traditional party nominations. This means anyone, regardless of party backing, can run if they gather enough signatures—potentially broadening the field of candidates and increasing voter choice.
May alter the political landscape by making it harder for political parties to maintain control over seats through interim appointments,. potentially resulting in more competitive or unpredictable special elections and increased accountability to voters.
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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 election law
- Referred to election law
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
626
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Election Law
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.
LBD02624-01-5
(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, such signer's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.