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.
S T A T E O F N E W Y O R K
________________________________________________________________________
626
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Election Law
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.
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