Senate Bill S5290

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

                                  5290

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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:
  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

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

S. 5290                             2

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.
  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.