S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1702
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M. of A. SIMON -- Multi-Sponsored by -- M. of A. RIVERA,
   SEAWRIGHT -- read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to the procedure  to  fill
   certain  senate  and assembly vacancies in a city with a population of
   one million or more

   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,
 IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,  A  VACANCY  IN  THE
 OFFICE OF STATE SENATOR OR IN THE OFFICE OF MEMBER OF ASSEMBLY OCCURRING
 IN  A  DISTRICT CONSISTING OF PARTS OF MORE THAN ONE COUNTY AND 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 SUCH A VACANCY, THE GOVER-
 NOR SHALL MAKE PROCLAMATION OF A SPECIAL NON-PARTISAN ELECTION  TO  FILL
 SUCH  OFFICE,  SPECIFYING  THE  DISTRICT  AND/OR  COUNTIES  IN WHICH THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02861-01-3
              

 A. 1702                             2
 
 ELECTION IS TO BE HELD, AND THE DAY THEREOF, WHICH SHALL  BE  FORTY-FIVE
 DAYS FROM THE DATE OF THE PROCLAMATION.
   (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,  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 PETI-
 TION 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  PROC-
 LAMATION  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 SUCH A VACANCY AT AN ELECTION HELD PURSU-
 ANT 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.