Legislative Bill Drafting Commission
04239-03-9
S. --------
Senate
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
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Assembly
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IN ASSEMBLY--Introduced by M. of A.
with M. of A. as co-sponsors
--read once and referred to the
Committee on
*PUBOFFLA*
(Directs the governor to issue a
writ of election when there is a
vacancy in the office of United
States senator)
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Pub Off. U.S. senator: vacancy
AN ACT
to amend the public officers law and
the election law, in relation to
filling vacancies in the office of
United States senator
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows:
12/23/08 2 04239-03-9
1 Section 1. Subdivision 4-a of section 42 of the public officers law,
2 as amended by chapter 373 of the laws of 1978, is amended to read as
3 follows:
4 4-a. (a) If a vacancy occurs in the office of United States senator
5 from this state [in any even numbered calendar year on or after the
6 fifty-ninth day prior to the annual primary election, or thereafter
7 during said even numbered year], the governor shall make a temporary
8 appointment to fill such vacancy until the [third day of January in the
9 year following the next even numbered calendar year] special election
10 held to fill such vacancy in accordance with the procedures provided in
11 paragraph (b) of this subdivision is certified by the state board of
12 elections. [If such vacancy occurs in any even numbered calendar year
13 on or before the sixtieth day prior to an annual primary election, the
14 governor shall make a temporary appointment to fill such vacancy until
15 the third day of January in the next calendar year. If a vacancy occurs
16 in the office of United States senator from this state in any odd
17 numbered calendar year, the governor shall make a temporary appointment
18 to fill such vacancy until the third day of January in the next odd
19 numbered calendar year. Such an appointment shall be evidenced by a
20 certificate of the governor which shall be filed in the office of the
21 state board of elections. At the time for filing such certificate, the
22 governor shall issue and file in the office of the state board of
23 elections a writ of election directing the election of a United States
24 senator to fill such vacancy for the unexpired term at the general
25 election next preceding the expiration for the term of such appoint-
26 ment.]
27 (b) Within three days of the vacancy the governor shall issue and file
28 in the office of the state board of elections a writ of election direct-
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1 ing the election of a United States senator to fill such vacancy for the
2 unexpired term at a special election held on a Tuesday not less than
3 ninety days nor more than one hundred twenty days after the filing of
4 such writ with the state board of elections, with party nominations for
5 such election to be determined by a special primary election in accord-
6 ance with section 6-115 of the election law.
7 § 2. The election law is amended by adding a new section 6-115 to read
8 as follows:
9 § 6-115. Party nominations; United States senator; special election.
10 Notwithstanding the provisions of section 6-114 of this article, party
11 nominations for the office of United States senator shall be by desig-
12 nation and nomination by petition and a special primary election held on
13 a Tuesday designated by the state board of elections not less than
14 forty-five days nor more than sixty days after the governor files a writ
15 of election with the state board of elections to fill such vacancy in
16 the office of United States senator. Such designations, nominations and
17 special primary elections shall be conducted pursuant to rules promul-
18 gated by the state board of elections, which to the extent applicable be
19 consistent with the other provisions of this article.
20 § 3. Subdivision 14 of section 6-158 of the election law is amended to
21 read as follows:
22 14. A vacancy occurring before September twentieth of any year in any
23 office authorized to be filled at a general election, except in the
24 offices of governor[,] or lieutenant-governor[, or United States
25 senator] shall be filled at the general election held next thereafter,
26 unless otherwise provided by the constitution, or unless previously
27 filled at a special election.
28 § 4. This act shall take effect immediately.
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