Legislation

Search OpenLegislation Statutes
This entry was published on 2021-08-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 42
Filling vacancies in elective offices
Public Officers (PBO) CHAPTER 47, ARTICLE 3
§ 42. Filling vacancies in elective offices. 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, shall be filled at the general election
held next thereafter, unless otherwise provided by the constitution, or
unless previously filled at a special election.

2. A vacancy occurring by the expiration of term at the end of an even
numbered year in an office which may not under the provisions of the
constitution be filled for a full term at the general election held
prior to the expiration of such term, shall be filled at said general
election for a term ending with the commencement of the political year
next succeeding the first general election at which said office can be
filled by election for a full term.

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 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; 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.

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.

d. 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-a. If a vacancy occurs in the office of United States senator from
this state in any even numbered calendar year on or after the
fifty-ninth day prior to the annual primary election, or thereafter
during said even numbered year, the governor shall make a temporary
appointment to fill such vacancy until the third day of January in the
year following the next even numbered calendar year. If such vacancy
occurs in any even numbered calendar year on or before the sixtieth day
prior to an annual primary election, the governor shall make a temporary
appointment to fill such vacancy until the third day of January in the
next calendar year. If a vacancy occurs in the office of United States
senator from this state in any odd numbered calendar year, the governor
shall make a temporary appointment to fill such vacancy until the third
day of January in the next odd numbered calendar year. Such an
appointment shall be evidenced by a certificate of the governor which
shall be filed in the office of the state board of elections. At the
time for filing such certificate, the governor shall issue and file in
the office of the state board of elections a writ of election directing
the election of a United States senator to fill such vacancy for the
unexpired term at the general election next preceding the expiration for
the term of such appointment.

5. Whenever the authority to fill any vacancy is vested in a board and
such board is unable to fill such vacancy in an elective office by
reason of a tie vote, or such board neglects to fill such vacancy for
any other reason, the governor may, in his discretion, make proclamation
of a special election to fill the vacancy.