NY State Senate Bill 2017-S494

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2017	referred to elections

2017-S494 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §12-300, El L; amd §42, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5290
2011-2012: S32
2013-2014: S169
2015-2016: S153

2017-S494 (ACTIVE) - Summary

Relates to the procedure to fill vacancies for representatives in Congress; provides for a special popular election; sets procedures for independent nominating petitions.

2017-S494 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S494

 TITLE OF BILL :  An act to amend the election law and the public
officers law, in relation to the procedure to fill vacancies for
representatives in Congress

 PURPOSE :

Requires vacancies for representatives in Congress to be filled by
nonpartisan special elections.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 12-300 of the election law to
include a new subdivision 2. This subdivision directs the governor to
proclaim a special non-partisan election within three days of the
occurrence of a vacancy in the office of representative in congress
and calls for this election to be held forty-five days from the
governor's proclamation. It also sets forth the nominating petition
process, specifies that such petitions should be filed within fifteen
days of the governor's proclamation and calls on the person elected to
take office immediately and serve for the remainder of the unexpired
term.

Section 2 amends subdivision 4 of section 42 of the public officers
law to remove the office of representative in congress from the

provisions of this subdivision.

Section 3 specifies the effective date.

 JUSTIFICATION :

The current selection procedure for filling vacancies in congressional
seats restricts the participation of voters in the electoral process,
thereby undermining democracy. Presently, in the event that there is a
vacancy in a congressional seat, the process of selecting a new
representative does not permit real voter participation in a contested
election. Rather, a committee filled with political insiders conducts
a closed nomination meeting to determine what candidate obtains the
party line, effectively guaranteeing election in many districts
throughout New York State.

A fundamental tenet of our democracy is the accountability of elected
officials to the public, best achieved through competitive elections.
Reform of the process by which congressional seats are filled, through
implementation of a non-partisan special election system will improve
public accountability.

 LEGISLATIVE HISTORY :

2016: S153 - REFERRED TO ELECTIONS
2015: S153 - REFERRED TO ELECTIONS
2013-2014: S169 - REFERRED TO ELECTIONS
2011-2012: S32 - REFERRED TO ELECTIONS
2009-2010: S5290/A9868- REFERRED TO ELECTIONS

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S494 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    494
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the  election  law  and  the  public  officers  law,  in
   relation  to  the  procedure  to fill vacancies for representatives in
   Congress

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 12-300 of the election law, as amended by chapter
 234 of the laws of 1976, is amended to read as follows:
   § 12-300. Representatives in congress;  election  of.    1.  Represen-
 tatives  in  the  house of representatives of the congress of the United
 States shall be chosen in the several  congressional  districts  at  the
 general  election  held in every even-numbered year. Elections to fill a
 vacancy for an unexpired term shall be held as provided in  [the  public
 officers law] SUBDIVISION TWO OF THIS SECTION.
   2.  A  VACANCY  IN  THE  OFFICE OF REPRESENTATIVE IN CONGRESS 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 IN WHICH THE 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 ARTICLE SIX OF THIS CHAPTER
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00849-01-7

 S. 494                              2
 
 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. 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
 CHAPTER WITHIN FIFTEEN DAYS AFTER THE DATE OF THE  GOVERNOR'S  PROCLAMA-
 TION 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. Subdivision 4 of section  42  of  the  public  officers  law,  as
 amended  by  chapter  317  of  the  laws  of 1954, is amended to read as
 follows:
   4. A special election shall not be held  to  fill  a  vacancy  in  the
 office of [a representative in congress unless such vacancy occurs on or
 before  the first day of July of the last year of the term of office, or
 unless it occurs thereafter and a special session of congress is  called
 to  meet  before the next general election, or be called after September
 nineteenth of such year; nor to fill a vacancy in the office  of]  state
 senator  or  in  the  office  of  member of assembly, unless the vacancy
 occurs before the first day of April of the last year  of  the  term  of
 office, or unless the vacancy occurs in either such office of senator or
 member  of  assembly after such first day of April and a special session
 of the legislature be called to meet between such first day of April and
 the next general election or be called  after  September  nineteenth  in
 such  year. If a special election to fill an office shall not be held as
 required by law,  the  office  shall  be  filled  at  the  next  general
 election.
   § 3. This act shall take effect immediately.

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Senate Bill S494

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S494 (ACTIVE) - Details

2017-S494 (ACTIVE) - Summary

2017-S494 (ACTIVE) - Sponsor Memo

2017-S494 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S494

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Elections Committee

2017-S494 (ACTIVE) - Details

2017-S494 (ACTIVE) - Summary

2017-S494 (ACTIVE) - Sponsor Memo

2017-S494 (ACTIVE) - Bill Text download pdf

Comments