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Senate Bill S4804

2011-2012 Legislative Session

Relates to the filling of vacancies in elective offices

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Archive: Last Bill Status - In Senate Committee Elections Committee

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2011-S4804 (ACTIVE) - Details

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

2011-S4804 (ACTIVE) - Summary

Relates to the filling of vacancies in elective offices.

2011-S4804 (ACTIVE) - Sponsor Memo

2011-S4804 (ACTIVE) - Bill 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

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