BILL NUMBER:A2001

TITLE OF BILL:
An act
to amend the public officers law and the election law, in relation to
filling vacancies in the office of United States senator

PURPOSE OR GENERAL IDEA OF BILL: Directs the governor
to issue a writ
of election when there IS a vacancy in the office of United States
Senator.

SUMMARY OF SPECIFIC PROVISIONS: Amends Subdivision
4-a of section 42
of the public officers law to direct the governor to issue a writ of
election within three days of opening of vacancy in the office of
United States Senator. The special election to fill a senate vacancy
shall be held no earlier than ninety days and no later than one
hundred twenty days after the writ is issued. Party nominations for
such a special election shall be by a special primary election held
on a Tuesday designated by the state board of elections not less than
forty-five days nor more than sixty days after the governor files a
writ of election. Prior to the special election the governor may
appoint a temporary replacement to the vacant seat to ensure that at
all times New York is represented by two United States Senators.

JUSTIFICATION: Under current law United States Senate
vacancies are
filled by gubernatorial appointment. This practice runs counter to
the principles of popular government. Replacing gubernatorial
appointment with a special election will allow voters to choose their
representative and allow candidates for such office to receive a full
public vetting of their credentials and views. Indeed, the
Seventeenth Amendment to the United States Constitution establishes
special elections as the preferred process for filling U.S. Senate
vacancies.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined, including the
cost of
administering a special election.

EFFECTIVE DATE: This act shall take effect immediately.