Senate Bill S4588

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4588
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the public officers law, in relation to  filling  vacan-
   cies in elective offices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The Legislature finds that New York's
 current system of filling federal and  state  elected  office  vacancies
 places  undue  financial  and  operational  burdens  on  local boards of
 elections and exacerbates voter confusion and fatigue by  asking  voters
 to frequently participate in elections throughout the year, thus result-
 ing  in lower voter turnout and decreased participation in the electoral
 process.
   Local boards must comply with state requirements and federal  require-
 ments  under  the  Help  America Vote Act (HAVA), which include training
 poll workers to ensure elections  remain  inclusive  and  accessible  to
 voters.  The  unpredictability  of holding multiple elections throughout
 the year may leave local boards unable to fiscally plan for  such  unex-
 pected  expenses.  County  boards  generally  have months of preparation
 ahead of elections given the complexities associated with  executing  an
 election  -  including setting up poll sites, processing voter registra-
 tions, and gathering the necessary staff to help run the election. It is
 therefore an inefficient use of funds to schedule a special election  so
 close  to  a general election date, causing county boards to reduplicate
 the significant effort and funding in a short period of time.
   Further, voter fatigue occurs when voters are asked to participate  in
 frequent  elections throughout the year. In addition, multiple elections
 can create a process which  is  confusing  or  challenging  for  voters,
 resulting  in lower voter turnout and subsequently a less representative
 electorate for the people.  This is particularly true  in  congressional
 elections,  which  may  encompass  multiple counties and involve several
 boards of elections.  Ensuring that congressional elections are  set  to
 maximize  voter  turnout is of fundamental importance to the Legislature
 and a well-functioning elections system.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09222-01-5
 S. 4588                             2
 
   While vacancies in elected offices can occur at any time, occasionally
 necessitating additional special elections in unusual times of the year,
 the Legislature finds it is crucial to ensure efficiencies in  elections
 where  possible  and  maximize  voter  turnout.   For these reasons, the
 Legislature seeks to create such efficiencies and increase voter turnout
 by  allowing  for  the  combination  of  special  elections with general
 election dates in state elections when the special election would  occur
 close  in  time  with  a general election date already determined by the
 State Board of Elections.  For congressional elections, the  Legislature
 seeks to create such efficiencies and increase voter turnout by allowing
 for special elections to be combined with a general election.  This will
 prevent  the  doubling of efforts and the excess expenditure of taxpayer
 funds as well as ensure that county boards, voters, and  candidates  are
 prepared and informed.
   §  2.  Subdivision  3  of  section  42  of the public officers law, as
 amended by chapter 164 of the laws  of  2022,  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]
 THEIR 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] FIFTEEN 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, PROVIDED, HOWEVER, THAT IF THERE IS A VACANCY OCCUR-
 RING  IN  THE SAME CALENDAR YEAR AS A GENERAL ELECTION DATE SET PURSUANT
 TO SECTION 8-100 OF THE ELECTION LAW, A PROCLAMATION MAY  BE  ISSUED  SO
 THAT THE SPECIAL ELECTION MAY BE SCHEDULED ON THE GENERAL ELECTION DATE;
 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] IF THERE IS A GENERAL ELECTION DATE SET
 PURSUANT TO SECTION 8-100 OF THE ELECTION LAW WHICH  IS  NOT  LESS  THAN
 FORTY  NOR  MORE THAN ONE HUNDRED DAYS FROM THE DATE THE PROCLAMATION TO
 FILL SUCH VACANCY MUST BE ISSUED, A PROCLAMATION MAY BE ISSUED  SO  THAT
 THE  SPECIAL ELECTION MAY BE SCHEDULED ON THE GENERAL ELECTION DATE. 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.
   C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO REQUIRE A SPECIAL
 ELECTION TO BE CONSOLIDATED WITH ANY ALREADY SCHEDULED  GENERAL ELECTION
 DATE.
   § 3. This act shall take effect immediately. Notwithstanding any other
 provision  of law, this act shall apply to any vacancy for which a proc-
 lamation may be issued under section 42 of the public officers  law  but
 has not yet been issued as of the effective date of this act.