senate Bill S4804

2011-2012 Legislative Session

Relates to the filling of vacancies in elective offices

download bill text pdf

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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Apr 25, 2011 referred to elections

S4804 - Bill Details

Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยง42, Pub Off L

S4804 - Bill Texts

view summary

Relates to the filling of vacancies in elective offices.

view sponsor memo
BILL NUMBER:S4804

TITLE OF BILL:
An act
to amend the public officers law, in relation to the filling of vacancies
in elective offices

PURPOSE:
This bill would require the governor to call a special election when a
vacancy occurs in an elective office.

SUMMARY OF PROVISIONS:
Subdivision 3 of section 42 of the public officers law as amended
would require the governor to issue a proclamation for a special
election to fill an office that has been vacated.

The governor must make a proclamation of a special election within ten
days after certification of the vacancy and must specify the district
or county in which the election is to be held and the day which shall
not be less than seventy nor more than eighty days from the date of
the proclamation. The governor cannot issue a special election
proclamation if such special election will occur less than thirty
days before a general election.

JUSTIFICATION:
This bill ensures that constituents in the area where there is a
vacated elective office will not go without representation for an
unreasonable period of time. In 2009, Governor Patterson delayed
calling a special election in the 29th Congressional District for
nearly 8 months after the office was vacated. This delay caused the
residents of the 29th Congressional District to be unrepresented in
congress for an unreasonably extended period of time. This bill
ensures that residents in a district will be represented by requiring
that a special election be called within a reasonable period of time.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Cost of special elections to counties.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4804

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the public officers law, in relation to the  filling  of
  vacancies in elective offices

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

  Section 1. Subdivision 3 of section 42 of the public officers law,  as
amended by chapter 4 of the laws of 2011, is amended to read as follows:
  3. Upon the failure to elect to any office, except that of governor or
lieutenant-governor,  at  a  general  or special election, at which such
office is authorized to be filled, or upon the death or disqualification
of a person elected to office before the  commencement  of  his  or  her
official  term,  or  upon  the  occurrence  of a vacancy in any elective
office which cannot be filled by appointment for a period  extending  to
or  beyond  the  next  general election at which a person may be elected
thereto, the governor [may in his or her discretion]  SHALL  WITHIN  TEN
DAYS  AFTER  THE  CERTIFICATION  OF  THE  VACANCY make proclamation of a
special 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
not  less  than  seventy  nor more than eighty days from the date of the
proclamation.  HOWEVER, THE GOVERNOR SHALL NOT ISSUE A SPECIAL  ELECTION
PROCLAMATION  IF  SUCH SPECIAL ELECTION WILL OCCUR LESS THAN THIRTY DAYS
BEFORE A GENERAL ELECTION.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10982-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.