Bill Text: NY S00494 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the procedure to fill vacancies for representatives in Congress; provides for a special popular election; sets procedures for independent nominating petitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-04 - REFERRED TO ELECTIONS [S00494 Detail]

Download: New_York-2017-S00494-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           494
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
        AN ACT to amend the  election  law  and  the  public  officers  law,  in
          relation  to  the  procedure  to fill vacancies for representatives in
          Congress
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 12-300 of the election law, as amended by chapter
     2  234 of the laws of 1976, is amended to read as follows:
     3    § 12-300. Representatives in congress;  election  of.    1.  Represen-
     4  tatives  in  the  house of representatives of the congress of the United
     5  States shall be chosen in the several  congressional  districts  at  the
     6  general  election  held in every even-numbered year. Elections to fill a
     7  vacancy for an unexpired term shall be held as provided in  [the  public
     8  officers law] subdivision two of this section.
     9    2.  A  vacancy  in  the  office of representative in congress shall be
    10  filled by popular election in the following manner:
    11    (a) Within three days of the occurrence of  a  vacancy,  the  governor
    12  shall  make proclamation of a special non-partisan election to fill such
    13  office, specifying the district in which the election is to be held, and
    14  the day thereof, which shall be forty-five days from  the  date  of  the
    15  proclamation.
    16    (b)  All  nominations for elections to fill vacancies held pursuant to
    17  this subdivision shall  be  by  independent  nominating  petition,  such
    18  petitions to be subject to the provisions of article six of this chapter
    19  pertaining  to  independent nominations except as is otherwise set forth
    20  in this subdivision. The sheets of the independent  nominating  petition
    21  shall  set  forth  in  every instance the name of the signer, his or her
    22  residence address, town or city (except in the city  of  New  York,  the
    23  county),  and  the  date  the signature is fixed. Such petition shall be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00849-01-7
        S. 494                              2
     1  required to contain a designated number of signatures which shall be the
     2  lesser of five percent of votes cast in the last preceding gubernatorial
     3  election. A signature on an independent nominating petition made earlier
     4  than  the  date  of  the  proclamation required by paragraph (a) of this
     5  subdivision shall not be counted.
     6    (c) All nominating petitions filed pursuant to this subdivision  shall
     7  be  filed  in  accordance  with  the provisions of section 6-144 of this
     8  chapter within fifteen days after the date of the  governor's  proclama-
     9  tion as described in paragraph (a) of this subdivision.
    10    (d) A person elected to fill a vacancy at an election held pursuant to
    11  this  subdivision  shall  take office immediately upon qualification and
    12  serve for the remainder of the unexpired term.
    13    § 2. Subdivision 4 of section  42  of  the  public  officers  law,  as
    14  amended  by  chapter  317  of  the  laws  of 1954, is amended to read as
    15  follows:
    16    4. A special election shall not be held  to  fill  a  vacancy  in  the
    17  office of [a representative in congress unless such vacancy occurs on or
    18  before  the first day of July of the last year of the term of office, or
    19  unless it occurs thereafter and a special session of congress is  called
    20  to  meet  before the next general election, or be called after September
    21  nineteenth of such year; nor to fill a vacancy in the office  of]  state
    22  senator  or  in  the  office  of  member of assembly, unless the vacancy
    23  occurs before the first day of April of the last year  of  the  term  of
    24  office, or unless the vacancy occurs in either such office of senator or
    25  member  of  assembly after such first day of April and a special session
    26  of the legislature be called to meet between such first day of April and
    27  the next general election or be called  after  September  nineteenth  in
    28  such  year. If a special election to fill an office shall not be held as
    29  required by law,  the  office  shall  be  filled  at  the  next  general
    30  election.
    31    § 3. This act shall take effect immediately.