S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7372
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 31, 2009
                                      ___________
       Introduced by M. of A. BARRON -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend the public officers law, in relation to extending the
         deadline for calling  special  elections  to  fill  vacancies  in  the
         offices of state senator and member of assembly
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 42 of the public officers law,  as
    2  amended  by  chapter  317  of  the  laws  of 1954, is amended to read as
    3  follows:
    4    4. A special election shall not be held  to  fill  a  vacancy  in  the
    5  office  of a representative in congress unless such vacancy occurs on or
    6  before the first day of July of the last year of the term of office,  or
    7  unless  it occurs thereafter and a special session of congress is called
    8  to meet before the next general election, or be called  after  September
    9  nineteenth  of  such  year; nor to fill a vacancy in the office of state
   10  senator or in the office of  member  of  assembly,  unless  the  vacancy
   11  occurs  ON  OR  before the first day of [April] JUNE of the last year of
   12  the term of office, or unless the vacancy occurs in either  such  office
   13  of  senator  or  member of assembly after such first day of [April] JUNE
   14  and a special session of the legislature be called to meet between  such
   15  first  day  of  [April]  JUNE and the next general election or be called
   16  after September nineteenth in such year. If a special election  to  fill
   17  an  office  shall  not  be held as required by law, the [office] VACANCY
   18  shall be filled at the next general election.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10302-01-9