Assembly Bill A9868

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

                                  9868

                          I N  A S S E M B L Y

                            February 4, 2010
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

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:
  S  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01412-01-9
              

A. 9868                             2

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.
  S  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.
  S 3. This act shall take effect immediately.