senate Bill S26

2011-2012 Legislative Session

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Jan 05, 2011 referred to elections

S26 - Details

See Assembly Version of this Bill:
A1369
Current Committee:
Law Section:
Election Law
Laws Affected:
Amd ยง6-116, El L
Versions Introduced in 2009-2010 Legislative Session:
S5294, A645

S26 - Summary

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly; allows for independent nominating petitions to be presented and provides for a special election to be held forty-five days from the date of the governor making a proclamation for a special election.

S26 - Sponsor Memo

S26 - Bill Text download pdf

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

                                   26

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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, in relation to the procedure  to  fill
  senate and assembly vacancies

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

  Section 1. Section 6-116 of the election law, as  amended  by  chapter
373 of the laws of 1978, is amended to read as follows:
  S  6-116.  Party  nominations;  election to fill a vacancy. 1. A party
nomination of a candidate for election to fill a vacancy in an  elective
office  required  to  be  filled at the next general election, occurring
after seven  days  before  the  last  day  for  circulating  designating
petitions  or after the holding of the meeting or convention to nominate
or designate candidates for such, shall be made, after the  day  of  the
primary  election, by a majority vote of a quorum of the state committee
if the vacancy occurs in an office to be filled by  all  voters  of  the
state,  and otherwise by a majority vote of a quorum of the members of a
county committee or committees last elected in the political subdivision
in which such vacancy is to be filled, or by a majority  of  such  other
committee  as the rules of the party may provide. A certificate of nomi-
nation shall be filed as provided for [herein] IN THIS ARTICLE.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
A  VACANCY  IN THE OFFICE OF STATE SENATOR OR IN THE OFFICE OF MEMBER OF
ASSEMBLY REQUIRED TO BE FILLED AT THE NEXT  GENERAL  ELECTION  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 OR COUNTY IN WHICH THE ELECTION IS TO BE
HELD,  AND THE DAY THEREOF, WHICH SHALL BE FORTY-FIVE DAYS FROM THE DATE
OF THE PROCLAMATION.

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

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