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Senate Bill S1801

2009-2010 Legislative Session

Provides for a special election to fill vacancies in the office of United States senator, comptroller and attorney general; repealer

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2009-S1801 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Rpld & add §42 sub 4-a, amd §41, Pub Off L

2009-S1801 (ACTIVE) - Summary

Provides for a special election to fill vacancies in the office of United States senator, comptroller or attorney general which shall be held not more than 45 days after the occurrence of such vacancy.

2009-S1801 (ACTIVE) - Sponsor Memo

2009-S1801 (ACTIVE) - Bill Text download pdf 

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

                                  1801

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sens.  GOLDEN,  DeFRANCISCO,  FUSCHILLO,  LANZA, LARKIN,
  MAZIARZ, MCDONALD, MORAHAN, SEWARD, SKELOS, VOLKER -- read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Investigations and Government Operations

AN ACT to amend the public officers law, in relation to vacancies occur-
  ring in the offices of United States senator, comptroller or  attorney
  general  and  to  repeal  subdivision  4-a of section 42 of the public
  officers 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-a of section 42 of the public officers law is
REPEALED and a new subdivision 4-a is added to read as follows:
  4-A.  IF  A VACANCY OCCURS IN THE OFFICE OF UNITED STATES SENATOR FROM
THIS STATE, THE GOVERNOR SHALL ORDER A  SPECIAL  ELECTION  TO  FILL  THE
VACANCY  FOR THE UNEXPIRED TERM. WITHIN TEN DAYS AFTER THE OCCURRENCE OF
SUCH VACANCY, THE GOVERNOR SHALL ISSUE A WRIT OF ELECTION FIXING A  DATE
FOR THE SPECIAL ELECTION NOT MORE THAN FORTY-FIVE DAYS AFTER SUCH OCCUR-
RENCE.  IF  THE  VACANCY OCCURS LESS THAN ONE HUNDRED DAYS BEFORE EITHER
THE ANNUAL PRIMARY ELECTION DATE OR THE  ANNUAL  GENERAL  ELECTION  DATE
THEN  THE SPECIAL ELECTION TO FILL SUCH VACANCY SHALL BE HELD IN CONCERT
WITH THE PRIMARY OR GENERAL ELECTION FOR THAT YEAR.
  S 2. Section 41 of the public officers law, as amended by  chapter  91
of the laws of 1928, is amended to read as follows:
  S 41. Vacancies  filled  by  legislature.  When  a  vacancy  occurs or
exists[, other than by removal,] in the office of comptroller or  attor-
ney-general,  or  a resignation of either such officer to take effect at
any future day shall  have  been  made  [while  the  legislature  is  in
session, the two houses thereof, by joint ballot, shall appoint a person
to  fill  such actual or prospective vacancy] THE GOVERNOR SHALL ORDER A
SPECIAL ELECTION TO FILL THE VACANCY FOR THE UNEXPIRED TERM. WITHIN  TEN
DAYS  AFTER  THE  OCCURRENCE OF SUCH VACANCY, THE GOVERNOR SHALL ISSUE A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07659-02-9

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