Assembly Bill A1610

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1610
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, DINOWITZ, PAULIN, EPSTEIN -- read once
   and referred to the Committee on Election Law
 
 AN  ACT  to  amend  the  election  law  and  the public officers law, in
   relation to creating a special primary election to take place prior to
   a special election and mandating the governor to proclaim all  special
   elections within ten days of the vacancy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6-114 of the election law is  amended  to  read  as
 follows:
   § 6-114. Party nominations; special election. Party nominations for an
 office  to  be filled at a special election shall be made [in the manner
 prescribed by the rules of the party]  AT  A  SPECIAL  PRIMARY  ELECTION
 PURSUANT  TO  SECTION  6-161  OF  THIS  ARTICLE,  AT WHICH THE CANDIDATE
 RECEIVING THE MOST VOTES SHALL BE THE NOMINEE OF THE PARTY.
   § 2. The election law is amended by adding a new section 6-161 to read
 as follows:
   § 6-161. SPECIAL PRIMARY ELECTIONS. 1. THE  SPECIAL  PRIMARY  ELECTION
 SHALL TAKE PLACE ON THE FIRST TUESDAY OCCURRING AT LEAST THIRTY DAYS BUT
 NO MORE THAN THIRTY-SIX DAYS PRIOR TO THE SPECIAL ELECTION.
   2.  DESIGNATING  PETITIONS FOR A PRIMARY NOMINATION SHALL BE SUBJECTED
 TO THE SAME FORM AND RULES SET OUT IN SECTIONS 6-132 AND 6-134  OF  THIS
 ARTICLE.  DESIGNATING PETITIONS SHALL BE FILED WITHIN TWELVE DAYS OF THE
 DATE THE GOVERNOR PROCLAIMS THE NEED FOR A SPECIAL ELECTION.
   3. NOTWITHSTANDING SECTION 6-136 OF THIS ARTICLE, THE REQUIRED  AMOUNT
 OF  SIGNATURES  FOR  A  DESIGNATING  PETITION, PURSUANT TO THIS SECTION,
 SHALL BE FIVE HUNDRED FOR A STATE SENATORIAL DISTRICT  AND  TWO  HUNDRED
 FIFTY FOR AN ASSEMBLY DISTRICT.
   4. PETITIONS FOR INDEPENDENT NOMINATIONS SHALL BE FILED WITHIN FIFTEEN
 DAYS OF THE DATE THE GOVERNOR PROCLAIMS THE NEED FOR A SPECIAL ELECTION.
 NOTWITHSTANDING  SECTION  6-138  OF THIS ARTICLE, THE REQUIRED AMOUNT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04165-01-5
              

 A. 1610                             2
 
 SIGNATURES FOR A DESIGNATING PETITION, PURSUANT TO THIS  SECTION,  SHALL
 BE  ONE THOUSAND FOR A STATE SENATORIAL DISTRICT AND FIVE HUNDRED FOR AN
 ASSEMBLY DISTRICT.
   § 3. Subdivisions 1, 3 and 4 of section 42 of the public officers law,
 subdivision 1 as amended by chapter 5 of the laws of 2019, subdivision 3
 as  amended  by  chapter  164  of  the laws of 2022 and subdivision 4 as
 amended by chapter 320 of the laws of 2021, are amended and a new subdi-
 vision 4-b is added to read as follows:
   1. A vacancy occurring three months before the general election in any
 year in any office authorized to be filled at a general election, except
 in the offices of governor [or], lieutenant-governor, STATE  SENATOR  OR
 MEMBER  OF  ASSEMBLY,  shall be filled at the general election held next
 thereafter, unless otherwise provided by  the  constitution,  or  unless
 previously filled at a special election.
   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]
 SUCH  PERSON'S 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]  NINETY  days  OR ON THE FIRST TUESDAY
 FOLLOWING THE NINETY 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  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.
   4.  a.  A  special election shall not be held to fill a vacancy in the
 office of a representative in congress unless such vacancy occurs on  or
 before  the first day of July of the last year of the term of office, or
 unless it occurs thereafter and a special session of congress is  called
 to  meet  before  the  next  general election, or be called after [three
 months before the general election in such year.
   b. A special election shall not be held  to  fill  a  vacancy  in  the
 office  of  state senator or in the office of member of assembly, unless
 the vacancy occurs before the first day of April of the last year of the
 term of office, or unless the vacancy occurs in either  such  office  of
 senator  or  member  of  assembly  after  such  first day of April and a
 special session of the legislature be called to meet between such  first
 day  of  April  and  the  next general election or be called after three
 months before the next general election in such year.
   c. A special election shall not be held to fill a vacancy in any other
 office subject to a proclamation by the governor pursuant to subdivision
 three of this section unless the vacancy occurs before the first day  of
 April  of  the  last year of the term of office] SEPTEMBER NINETEENTH OF
 SUCH YEAR.
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   [d.] B. If a special election to fill an office shall not be  held  as
 required  by  law,  the  office  shall  be  filled  at  the next general
 election.
   4-B.  IF  A  VACANCY  OCCURS  IN THE OFFICE OF STATE SENATOR OR IN THE
 OFFICE OF MEMBER OF ASSEMBLY BETWEEN ONE HUNDRED EIGHTY AND NINETY  DAYS
 PRIOR  TO  AN ANNUAL PRIMARY ELECTION OR IF A VACANCY OCCURS BETWEEN ONE
 HUNDRED EIGHTY AND NINETY DAYS PRIOR TO A GENERAL ELECTION, THE  SPECIAL
 ELECTION  SHALL  BE  HELD  ON  THE DAY OF THE ANNUAL PRIMARY ELECTION OR
 GENERAL ELECTION RESPECTIVELY, WITH THE SPECIAL PRIMARY ELECTION  TO  BE
 HELD  ON  THE  FIRST  TUESDAY OCCURRING AT LEAST THIRTY DAYS BUT NO MORE
 THAN THIRTY-SIX DAYS PRIOR TO THE SPECIAL ELECTION.
   § 4.  If any section of this act or any part thereof shall be adjudged
 by any court of competent jurisdiction  to  be  invalid,  such  judgment
 shall  not  affect,  impair  or  invalidate  the  remainder or any other
 section or part thereof.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.