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

                                  1970

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M. of A. CLARK, COLTON -- Multi-Sponsored by -- M. of A.
  GALEF, GOTTFRIED, PAULIN -- read once and referred to the Committee on
  Election Law

AN ACT to amend the public officers law, in relation  to  the  time  for
  setting a special election

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

  Section 1. Subdivision 3 of section 42 of the public officers law,  as
amended  by  chapter  105  of  the  laws  of 1943, is amended to read as
follows:
  3. Upon the failure to elect to any office, except that of governor or
lieutenant-governor, at a general or special  election,  at  which  such
office is authorized to be filled, or upon the death or disqualification
of  a  person  elected to office before the commencement of his official
term, or upon the occurrence of a vacancy in any elective  office  which
cannot  be filled by appointment for a period extending to or beyond the
next general election at which a person  may  be  elected  thereto,  the
governor  may  in his discretion make proclamation of a special 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 not less
than [thirty] FIFTY nor more than [forty] SIXTY days from  the  date  of
the proclamation.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04968-01-9