NY State Senate Bill 2017-S1797

Senate Bill S1797

2017-2018 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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Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2017	referred to elections

co-Sponsors

2017-S1797 (ACTIVE) - Details

See other versions of this Bill:: S7026 ,; A522 ,
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §6-116, El L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5294
2011-2012: S26
2013-2014: S161
2015-2016: S155
2019-2020: S1641
2021-2022: S1292

2017-S1797 (ACTIVE) - 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.

2017-S1797 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S 1797

 TITLE OF BILL :  An act to amend the election law, in relation to the
procedure to fill senate and assembly vacancies

 PURPOSE OR GENERAL IDEA OF BILL :

This bill reforms the system of filling vacancies in the New York
State legislature, by implementing nonpartisan special elections to
replace the closed nomination process conducted by party committees.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill states that a vacancy in the office of state senator or in
the office of member of assembly required will be filled in the
following manner. First, within three days of a vacancy, the governor
shall make a proclamation of a special non-partisan election to fill
such office. The proclamation will specify the district or county
where the election is being held, and the election's date, which will
be 45 days after the proclamation.

All nominations will be submitted by independent nominating petition
as specified in this subdivision. Such petitions will be required to
be signed by the lesser of five percent of the votes cast in the last
preceding gubernatorial election or 1500 signatures to run for state
senator or 750 signatures for an assembly.

 JUSTIFICATION :

The current selection procedure for filling vacancies in the
legislature restricts the participation of voters in the electoral
process, thereby undermining democracy. Presently, in the event that
there is a vacancy in the state legislature, the process of selecting
a new representative does not permit real voter participation in a
contested election. Rather, a committee filled with political insiders
conducts a closed nomination meeting to determine what candidate
obtains the party line, effectively guaranteeing election in many
districts throughout New York State.

New York State's reelection rate is among the highest in the nation.
Consequently, legislators elected through the current special election
process are generally guaranteed a prolonged seat in office.  In the
New York State Assembly, nearly one third of legislators obtained
office via a special election. Essentially, a significant number of
legislators have been placed into office without the districts they
serve being given a meaningful choice to fill the vacancy.

A fundamental tenet of our democracy is the accountability of elected
officials to the public, best achieved through competitive elections.
Under the current special election system, some legislators are more
likely accountable to the party leaders and insiders who effectively
place them into office. Reform of the vacancy fulfillment process
through implementation of a non-partisan special election system will
improve public accountability and reduce the influence of outside
forces on the legislature.

 PRIOR LEGISLATIVE HISTORY :

2016:S155/A441 - REFERRED TO ELECTIONS/ referred to election law
2015:S155/A441 - REFERRED TO ELECTIONS/ referred to election law
2013-2014:S161/A5290-REFERRED TO ELECTIONS
2011-2012:S26/A1639-REFERRED TO ELECTIONS
2009-2010:S5294/A645-REFERRED TO ELECTIONS

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1797 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1797
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens. SQUADRON, LANZA -- 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:
   §  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.
                                                            LBD00848-01-7

 S. 1797                             2
 
   (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 THIS ARTICLE PERTAINING  TO
 INDEPENDENT  NOMINATIONS EXCEPT AS IS OTHERWISE SET FORTH IN THIS SUBDI-
 VISION.    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 LESSER OF
 FIVE PERCENT OF VOTES CAST IN THE LAST PRECEDING GUBERNATORIAL  ELECTION
 OR  ONE  THOUSAND FIVE HUNDRED SIGNATURES PER PETITION FOR THE OFFICE OF
 STATE SENATOR AND SEVEN HUNDRED FIFTY SIGNATURES PER  PETITION  FOR  THE
 OFFICE  OF MEMBER OF ASSEMBLY.  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
 ARTICLE  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.
   § 2. This act shall take effect immediately.

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Senate Bill S1797

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Sponsored By

Daniel L. Squadron