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Senate Bill S695

2009-2010 Legislative Session

Allows the governor to make proclamation of a special election to fill the office of United States senator

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

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2009-S695 (ACTIVE) - Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd ยง42, Pub Off L

2009-S695 (ACTIVE) - Summary

Allows the governor to make proclamation of a special election to fill the office of United States senator.

2009-S695 (ACTIVE) - Sponsor Memo

2009-S695 (ACTIVE) - Bill Text download pdf 

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

                                   695

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 13, 2009
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the public officers law, in relation to vacancies in the
  office of United States senator

  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,
as amended by chapter 373 of the laws of 1978, is  amended  to  read  as
follows:
  4-a.  If  a vacancy occurs in the office of United States senator from
this state [in any even numbered calendar year on or  after  the  fifty-
ninth  day  prior  to  the annual primary election, or thereafter during
said even numbered year, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the year  follow-
ing the next even numbered calendar year.  If such vacancy occurs in any
even  numbered  calendar  year on or before the sixtieth day prior to an
annual primary election, the governor shall make a temporary appointment
to fill such vacancy until the third day of January in the next calendar
year. If a vacancy occurs in the office of United  States  senator  from
this  state in any odd numbered calendar year, the governor shall make a
temporary appointment to fill such vacancy until the third day of  Janu-
ary  in  the next odd numbered calendar year.  Such an appointment shall
be evidenced by a certificate of the governor which shall  be  filed  in
the  office of the state board of elections. At the time for filing such
certificate], the GOVERNOR MAY IN HIS OR HER DISCRETION, MAKE  PROCLAMA-
TION  OF  A SPECIAL ELECTION TO FILL SUCH OFFICE, SPECIFYING THE DATE OF
SUCH ELECTION, WHICH SHALL NOT BE LESS THAN  FORTY-FIVE  NOR  MORE  THAN
SIXTY  DAYS FROM THE DATE OF SUCH PROCLAMATION. THE governor shall issue
and file in the office of  the  state  board  of  elections  a  writ  of
election  directing the election of a United States senator to fill such
vacancy for the unexpired term at the general  election  next  preceding
the expiration for the term of such [appointment] SPECIAL ELECTION.
  S 2.  This act shall take effect immediately.

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