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Assembly Bill A11456

2009-2010 Legislative Session

Relates to filling vacancies for unexpired terms; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A11456 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง42, Pub Off L

2009-A11456 (ACTIVE) - Summary

Relates to filling vacancies for unexpired terms.

2009-A11456 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11456

                          I N  A S S E M B L Y

                              June 15, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Benjamin) --
  read once and referred to the Committee on Governmental Operations

AN  ACT  to amend the public officers law, in relation to filling vacan-
  cies for unexpired terms; and to repeal certain provisions of such law
  relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 4 of section 42 of the public officers law is
REPEALED and a new subdivision 4 is added to read as follows:
  4. A. 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
AFTER THE FIRST DAY OF APRIL BUT BEFORE THE FIFTEENTH DAY OF AUGUST.
  B. A SPECIAL ELECTION SHALL NOT BE HELD  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.
  C. 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.
  D. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,
INCLUDING  SUBDIVISION  THREE  OF  THIS  SECTION, THE GOVERNOR SHALL NOT
ORDER A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF A  REPRESEN-
TATIVE  IN  CONGRESS  FOR  AN  UNEXPIRED  TERM IN CONCERT WITH A GENERAL
ELECTION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17466-01-0

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