S T A T E O F N E W Y O R K
________________________________________________________________________
8785
I N A S S E M B L Y
January 12, 2022
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Election Law
AN ACT to amend the public officers law and the election law, in
relation to special elections to fill vacancies in the state senate
and assembly
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 a chapter of the laws of 2021, amending the public officers
law relating to the dates by which the governor may make proclamation of
a special election to fill certain offices, as proposed in legislative
bills numbers S. 7227 and A. 8028, 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 shall, UNLESS OTHERWISE PROVIDED FOR BY AUTHORIZED
LOCAL LAW, RESOLUTION OR ORDINANCE, make proclamation of a special
election to fill such office within ten days of the occurrence of a
vacancy, specifying the district or county in which the election is to
be held, and the day thereof, which shall be: a. not less than seventy
nor more than eighty days from the date of the proclamation to fill a
vacancy in the office of a representative in congress OR FOR A VACANCY
IN ANY OTHER OFFICE THAT IS NOT IN THE STATE SENATE OR ASSEMBLY; and b.
not less than forty days nor more than fifty days from the date of the
proclamation to fill a vacancy in [any other office] THE STATE SENATE OR
ASSEMBLY, PROVIDED, HOWEVER, THAT THE GOVERNOR MAY ISSUE A PROCLAMATION
TO FILL ANY SUBSEQUENT VACANCY IN THE STATE SENATE OR ASSEMBLY FOR THE
SAME DATE AS ANY PREVIOUSLY SCHEDULED SPECIAL ELECTION AS LONG AS THE
PROCLAMATION IS ISSUED AT LEAST THIRTY DAYS BEFORE THE OCCURRENCE OF THE
SPECIAL ELECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11710-03-2
A. 8785 2
§ 2. Subdivision 1 of section 4-112 of the election law, as amended by
chapter 5 of the laws of 2019, is amended to read as follows:
1. The state board of elections, not later than fifty-five days before
a general election, [or] fifty-three days before a special election, OR
TWENTY-FOUR DAYS BEFORE A SPECIAL ELECTION HELD PURSUANT TO PARAGRAPH B
OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE PUBLIC OFFICERS LAW,
shall certify to each county board of elections the name and residence
of each candidate nominated in any valid certificate filed with it or by
the returns canvassed by it, the title of the office for which nomi-
nated; the name of the party or body specified of which he or she is a
candidate; [the emblem chosen to distinguish the candidates of the party
or body;] and a notation as to whether or not any litigation is pending
concerning the candidacy. Upon the completion of any such litigation,
the state board of elections shall forthwith notify the appropriate
county boards of elections of the results of such litigation.
§ 3. Section 4-114 of the election law, as amended by chapter 5 of the
laws of 2019, is amended to read as follows:
§ 4-114. Determination of candidates and questions; county board of
elections. The county board of elections, not later than the fifty-
fourth day before the day of a primary or general election, [or] the
fifty-third day before a special election, OR TWENTY-FOUR DAYS BEFORE A
SPECIAL ELECTION HELD PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF
SECTION FORTY-TWO OF THE PUBLIC OFFICERS LAW, shall determine the candi-
dates duly nominated for public office and the questions that shall
appear on the ballot within the jurisdiction of that board of elections.
§ 4. Subdivision 3 of section 6-120 of the election law, as amended by
chapter 226 of the laws of 1982, is amended to read as follows:
3. The members of the party committee representing the political
subdivision of the office for which a designation or nomination is to be
made, unless the rules of the party provide for another committee, in
which case the members of such other committee, and except as hereinaft-
er in this subdivision provided with respect to certain offices in the
city of New York, may, by a majority vote of those present at such meet-
ing provided a quorum is present, authorize the designation or nomi-
nation of a person as candidate for any office who is not enrolled as a
member of such party as provided in this section. In the event that such
designation or nomination is for an office to be filled by all the
voters of the city of New York, such authorization must be by a majority
vote of those present at a joint meeting of the executive committees of
each of the county committees of the party within the city of New York,
provided a quorum is present at such meeting. The certificate of author-
ization shall be filed not later than four days after the last day to
file the designating petition, certificate of nomination or certificate
of substitution to which such authorization relates, PROVIDED, HOWEVER,
SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN NINE DAYS FOLLOWING THE
ISSUANCE OF A PROCLAMATION OF A SPECIAL ELECTION HELD PURSUANT TO PARA-
GRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE PUBLIC OFFICERS
LAW. The certificate of authorization shall be signed and acknowledged
by the presiding officer and the secretary of the meeting at which such
authorization was given.
§ 5. Subdivision 3 of section 6-154 of the election law is amended to
read as follows:
3. WRITTEN OBJECTIONS TO ANY CERTIFICATE OF NOMINATION OR TO A CERTIF-
ICATE OF ACCEPTANCE, A CERTIFICATE OF AUTHORIZATION, A CERTIFICATE OF
DECLINATION OR A CERTIFICATE OF SUBSTITUTION RELATING TO A SPECIAL
ELECTION HELD PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION
A. 8785 3
FORTY-TWO OF THE PUBLIC OFFICERS LAW MAY BE FILED BY ANY VOTER REGIS-
TERED TO VOTE FOR SUCH PUBLIC OFFICE. SUCH OBJECTIONS SHALL BE FILED
WITH THE OFFICER OR BOARD WITH WHOM THE ORIGINAL CERTIFICATE IS FILED
WITHIN ONE DAY AFTER THE FILING OF THE CERTIFICATE TO WHICH OBJECTION IS
MADE, OR WITHIN ONE DAY AFTER THE LAST DAY TO FILE SUCH A CERTIFICATE,
IF NO SUCH CERTIFICATE IS FILED. WHEN SUCH OBJECTIONS ARE FILED, SPEC-
IFICATIONS OF THE GROUNDS OF THE OBJECTIONS SHALL BE FILED WITHIN THREE
DAYS THEREAFTER WITH THE SAME OFFICER OR BOARD AND IF SPECIFICATIONS ARE
NOT TIMELY FILED, THE OBJECTIONS SHALL BE NULL AND VOID.
4. When a determination is made that a certificate or petition is
insufficient, such officer or board shall give notice of the determi-
nation forthwith by mail to each candidate named in the petition or
certificate, and, if the determination is made upon specified
objections, the objector shall be notified.
§ 6. Subdivision 6 of section 6-158 of the election law, as amended by
chapter 290 of the laws of 2019, is amended to read as follows:
6. (a) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than thirty days after the June prima-
ry election, (b) except that a certificate of nomination for an office
which becomes vacant after the seventh day preceding such primary
election shall be filed not later than thirty days after the primary
election or ten days after the creation of such vacancy, whichever is
later, and (c) except, further, that a certificate of party nomination
of candidates for elector of president and vice-president of the United
States shall be filed not later than seventy-three days after the June
primary election, and (d) except still further that a certificate of
party nomination made at a judicial district convention shall be filed
not later than the day after the last day to hold such convention and
the minutes of such convention, duly certified by the chairman and
secretary, shall be filed within seventy-two hours after adjournment of
the convention. A certificate of party nomination for an office to be
filled at a special election shall be filed not later than ten days
following the issuance of a proclamation of such election, PROVIDED,
HOWEVER, SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN SEVEN DAYS
FOLLOWING THE ISSUANCE OF A PROCLAMATION FOR A SPECIAL ELECTION HELD
PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE
PUBLIC OFFICERS LAW.
§ 7. Subdivision 6 of section 6-158 of the election law, as amended by
chapter 5 of the laws of 2019, is amended to read as follows:
6. (a) A certificate of a party nomination made other than at the
primary election for an office to be filled at the time of a general
election shall be filed not later than thirty days after the primary
election, (b) except that a certificate of nomination for an office
which becomes vacant after the seventh day preceding such primary
election shall be filed not later than thirty days after the primary
election or ten days after the creation of such vacancy, whichever is
later, and (c) except, further, that a certificate of party nomination
of candidates for elector of president and vice-president of the United
States shall be filed not later than seventy-four days after the primary
election, and (d) except still further that a certificate of party nomi-
nation made at a judicial district convention shall be filed not later
than the day after the last day to hold such convention and the minutes
of such convention, duly certified by the chairman and secretary, shall
be filed within seventy-two hours after adjournment of the convention. A
certificate of party nomination for an office to be filled at a special
A. 8785 4
election shall be filed not later than ten days following the issuance
of a proclamation of such election, PROVIDED, HOWEVER, SUCH CERTIFICATE
SHALL BE FILED NOT LATER THAN SEVEN DAYS FOLLOWING THE ISSUANCE OF A
PROCLAMATION FOR A SPECIAL ELECTION HELD PURSUANT TO PARAGRAPH B OF
SUBDIVISION THREE OF SECTION FORTY-TWO OF THE PUBLIC OFFICERS LAW.
§ 8. Subdivisions 7, 8, 9, 11 and 12 of section 6-158 of the election
law, subdivision 8 as amended by chapter 703 of the laws of 1982 and
subdivisions 9, 11 and 12 as amended by chapter 5 of the laws of 2019,
are amended to read as follows:
7. A certificate of acceptance or declination of a party nomination
made other than at a primary election for an office to be filled at the
time of a general election shall be filed not later than the third day
after the last day to file the certificate of such party nomination. A
certificate of acceptance or declination of a party nomination for an
office to be filled at a special election shall be filed not later than
twelve days following the issuance of a proclamation of such election,
PROVIDED HOWEVER, SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN NINE
DAYS FOLLOWING THE ISSUANCE OF A PROCLAMATION OF A SPECIAL ELECTION HELD
PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE
PUBLIC OFFICERS LAW.
8. A certificate to fill a vacancy caused by a declination of a party
nomination for an office to be filled at the time of a general election
shall be filed not later than four days after the last day to file such
declination, except that if such nomination was made at the primary
election, such certificate shall be filed not later than ten days after
the last day to file such declination. A certificate to fill a vacancy
caused by a declination of a party nomination for an office to be filled
at a special election shall be filed not later than fourteen days
following the issuance of a proclamation of such election, PROVIDED
HOWEVER, SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN ELEVEN DAYS
FOLLOWING THE ISSUANCE OF A PROCLAMATION OF A SPECIAL ELECTION HELD
PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE
PUBLIC OFFICERS LAW. A certificate to fill a vacancy in a nomination
caused by death or disqualification shall be filed not later than ten
days after such death or disqualification or four days before the
election, whichever is earlier.
9. A petition for an independent nomination for an office to be filled
at the time of a general election shall be filed not earlier than twen-
ty-four weeks and not later than twenty-three weeks preceding such
election. A petition for an independent nomination for an office to be
filled at a special election shall be filed not later than twelve days
following the issuance of a proclamation of such election, PROVIDED
HOWEVER, SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN NINE DAYS
FOLLOWING THE ISSUANCE OF A PROCLAMATION OF A SPECIAL ELECTION HELD
PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE
PUBLIC OFFICERS LAW.
11. A certificate of acceptance or declination of an independent nomi-
nation for an office to be filled at the time of a general election
shall be filed not later than the third day after the twenty-third Tues-
day preceding such election except that a candidate who files such a
certificate of acceptance for an office for which there have been filed
certificates or petitions designating more than one candidate for the
nomination of any party, may thereafter file a certificate of declina-
tion not later than the third day after the primary election. A certif-
icate of acceptance or declination of an independent nomination for an
office to be filled at a special election shall be filed not later than
A. 8785 5
fourteen days following the issuance of a proclamation of such election,
PROVIDED HOWEVER, SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN ELEVEN
DAYS FOLLOWING THE ISSUANCE OF A PROCLAMATION OF A SPECIAL ELECTION HELD
PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE
PUBLIC OFFICERS LAW.
12. A certificate to fill a vacancy caused by a declination of an
independent nomination for an office to be filled at the time of a
general election shall be filed not later than the sixth day after the
twenty-third Tuesday preceding such election. A certificate to fill a
vacancy caused by a declination of an independent nomination for an
office to be filled at a special election shall be filed not later than
sixteen days following the issuance of a proclamation of such election,
PROVIDED HOWEVER, SUCH CERTIFICATE SHALL BE FILED NOT LATER THAN THIR-
TEEN DAYS FOLLOWING THE ISSUANCE OF A PROCLAMATION OF A SPECIAL ELECTION
HELD PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO
OF THE PUBLIC OFFICERS LAW.
§ 9. Paragraph (e) of subdivision 4 of section 8-600 of the election
law, as added by chapter 6 of the laws of 2019, is amended to read as
follows:
(e) Early voting polling places and their hours of operation for early
voting at a general election shall be designated by May first of each
year pursuant to subdivision one of section 4-104 of this chapter.
Notwithstanding the provisions of subdivision one of section 4-104 of
this chapter early voting polling places and their hours of operation
for early voting for: (i) a primary or special election shall be made
not later than forty-five days before such primary or special election;
[and] (ii) THIRTY DAYS BEFORE A SPECIAL ELECTION HELD PURSUANT TO PARA-
GRAPH B OF SUBDIVISION THREE OF SECTION FORTY-TWO OF THE PUBLIC OFFICERS
LAW; AND (III) a run-off primary pursuant to subdivision one of section
6-162 of this chapter shall be made as soon as practicable.
§ 10. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 5 of the laws of 2019, is amended to read as
follows:
(a) Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred method
of transmission designated by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any event not later than
forty-six days before a primary or general election; TWENTY-FIVE DAYS
BEFORE a New York city community school board district or city of
Buffalo school district election; fourteen days before a village
election conducted by the board of elections; [and] forty-five days
before a special election; AND TWENTY-THREE DAYS BEFORE A SPECIAL
ELECTION HELD PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF SECTION
FORTY-TWO OF THE PUBLIC OFFICERS LAW. A voter who submits a military
ballot application shall be entitled to a military ballot thereafter for
each subsequent election through and including the next two regularly
scheduled general elections held in even numbered years, including any
run-offs which may occur; provided, however, such application shall not
be valid for any election held within seven days after its receipt.
Ballots shall also be mailed to any qualified military voter who is
already registered and who requests such military ballot from such board
of elections in a letter, which is signed by the voter and received by
the board of elections not later than the seventh day before the
election for which the ballot is requested and which states the address
where the voter is registered and the address to which the ballot is to
be mailed. The board of elections shall enclose with such ballot a form
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of application for military ballot. In the case of a primary election,
the board shall deliver only the ballot of the party with which the
military voter is enrolled according to the military voter's registra-
tion records. In the event a primary election is uncontested in the
military voter's election district for all offices or positions except
the party position of member of the ward, town, city or county commit-
tee, no ballot shall be delivered to such military voter for such
election; and the military voter shall be advised of the reason why he
or she will not receive a ballot.
§ 11. Subdivision 2 of section 16-102 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
2. A proceeding with respect to a petition shall be instituted within
fourteen days after the last day to file the petition, or within three
business days after the officer or board with whom or which such peti-
tion was filed, makes a determination of invalidity with respect to such
petition, whichever is later; except that a proceeding with respect to a
petition for a village election or [an independent] A nomination for a
special election shall be instituted within seven days after the last
day to file the CERTIFICATE OR petition for such village election or
[independent] nomination or within three business days after the officer
or board with whom or which such CERTIFICATE OR petition was filed,
makes a determination of invalidity with respect to such CERTIFICATE OR
petition, whichever is later. A proceeding with respect to a primary,
convention, meeting of a party committee, or caucus shall be instituted
within ten days after the holding of such primary or convention or the
filing of the certificate of nominations made at such caucus or meeting
of a party committee.
§ 12. This act shall take effect immediately, provided, however, that:
(a) section one of this act shall take effect on the same date and in
the same manner as a chapter of the laws of 2021 amending the public
officers law relating to the dates by which the governor may make proc-
lamation of a special election to fill certain offices, as proposed in
legislative bills numbers S. 7227 and A. 8028, takes effect; and
(b) the amendments to subdivision 6 of section 6-158 of the election
law made by section six of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 8 of chapter 290
of the laws of 2019, as amended, when upon such date the provisions of
section seven of this act shall take effect.