Bill Text: NY A00645 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the election law, in relation to the procedure to fill senate and assembly vacancies

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-06 - referred to election law [A00645 Detail]

Download: New_York-2009-A00645-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          645
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
         tee 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:
    1    Section  1.  Section  6-116 of the election law, as amended by chapter
    2  373 of the laws of 1978, is amended to read as follows:
    3    S 6-116. Party nominations; election to fill a  vacancy.  1.  A  party
    4  nomination  of a candidate for election to fill a vacancy in an elective
    5  office required to be filled at the  next  general  election,  occurring
    6  after  seven  days  before  the  last  day  for  circulating designating
    7  petitions or after the holding of the meeting or convention to  nominate
    8  or  designate  candidates  for such, shall be made, after the day of the
    9  primary election, by a majority vote of a quorum of the state  committee
   10  if  the  vacancy  occurs  in an office to be filled by all voters of the
   11  state, and otherwise by a majority vote of a quorum of the members of  a
   12  county committee or committees last elected in the political subdivision
   13  in  which  such  vacancy is to be filled, or by a majority of such other
   14  committee as the rules of the party may provide. A certificate of  nomi-
   15  nation shall be filed as provided for [herein] IN THIS ARTICLE.
   16    2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
   17  A VACANCY IN THE OFFICE OF STATE SENATOR OR IN THE OFFICE OF  MEMBER  OF
   18  ASSEMBLY  REQUIRED  TO  BE  FILLED AT THE NEXT GENERAL ELECTION SHALL BE
   19  FILLED BY POPULAR ELECTION IN THE FOLLOWING MANNER:
   20    (A) WITHIN THREE DAYS OF THE OCCURRENCE OF  A  VACANCY,  THE  GOVERNOR
   21  SHALL  MAKE PROCLAMATION OF A SPECIAL NON-PARTISAN ELECTION TO FILL SUCH
   22  OFFICE, SPECIFYING THE DISTRICT OR COUNTY IN WHICH THE ELECTION IS TO BE
   23  HELD, AND THE DAY THEREOF, WHICH SHALL BE FORTY-FIVE DAYS FROM THE  DATE
   24  OF THE PROCLAMATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00247-01-9
       A. 645                              2
    1    (B)  ALL  NOMINATIONS FOR ELECTIONS TO FILL VACANCIES HELD PURSUANT TO
    2  THIS SUBDIVISION SHALL  BE  BY  INDEPENDENT  NOMINATING  PETITION,  SUCH
    3  PETITIONS  TO BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE PERTAINING TO
    4  INDEPENDENT NOMINATIONS EXCEPT AS IS OTHERWISE SET FORTH IN THIS  SUBDI-
    5  VISION.    THE  SHEETS  OF THE INDEPENDENT NOMINATING PETITION SHALL SET
    6  FORTH IN EVERY INSTANCE THE NAME OF THE SIGNER,  HIS  OR  HER  RESIDENCE
    7  ADDRESS,  TOWN OR CITY (EXCEPT IN THE CITY OF NEW YORK, THE COUNTY), AND
    8  THE DATE THE SIGNATURE IS FIXED. SUCH  PETITION  SHALL  BE  REQUIRED  TO
    9  CONTAIN  A  DESIGNATED NUMBER OF SIGNATURES WHICH SHALL BE THE LESSER OF
   10  FIVE PERCENT OF VOTES CAST IN THE LAST PRECEDING GUBERNATORIAL  ELECTION
   11  OR  ONE  THOUSAND FIVE HUNDRED SIGNATURES PER PETITION FOR THE OFFICE OF
   12  STATE SENATOR AND SEVEN HUNDRED FIFTY SIGNATURES PER  PETITION  FOR  THE
   13  OFFICE  OF MEMBER OF ASSEMBLY.  A SIGNATURE ON AN INDEPENDENT NOMINATING
   14  PETITION MADE EARLIER THAN THE DATE  OF  THE  PROCLAMATION  REQUIRED  BY
   15  PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE COUNTED.
   16    (C)  ALL NOMINATING PETITIONS FILED PURSUANT TO THIS SUBDIVISION SHALL
   17  BE FILED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  6-144  OF  THIS
   18  ARTICLE  WITHIN  FIFTEEN DAYS AFTER THE DATE OF THE GOVERNOR'S PROCLAMA-
   19  TION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   20    (D) A PERSON ELECTED TO FILL A VACANCY AT AN ELECTION HELD PURSUANT TO
   21  THIS SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY  UPON  QUALIFICATION  AND
   22  SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM.
   23    S 2. This act shall take effect immediately.