A00645 Summary:

BILL NOA00645
 
SAME ASSAME AS S05294
 
SPONSORJeffries
 
COSPNSRKavanagh, Camara, Espaillat
 
MLTSPNSR
 
Amd S6-116, El L
 
Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly; allows for independent nominating petitions to be presented and provides for a special election to be held forty-five days from the date of the governor making a proclamation for a special election.
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A00645 Actions:

BILL NOA00645
 
01/07/2009referred to election law
01/06/2010referred to election law
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A00645 Floor Votes:

There are no votes for this bill in this legislative session.
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A00645 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A645
 
SPONSOR: Jeffries
  TITLE OF BILL: An act to amend the election law, in relation to the procedure to fill senate and assembly vacancies   PURPOSE OR GENERAL IDEA OF BILL: This bill reforms the system of fill- ing vacancies in the New York State legislature, by , implementing non- partisan special elections to replace the closed nomination process conducted by party committees.   SUMMARY OF SPECIFIC PROVISIONS: Notwithstanding the provisions of subdivision one of this section, a vacancy in the office of the state senator or in the office of member of assembly required to be filled at the next general election shall be filled by popular election in the following manner: (a) Within three days of the occurrence of a vacancy, the governor shall make proclamation of a special non--partisan election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be forty-five days from the date of the proclamation. (b) All nominations for elections to fill vacancies held pursuant to this subdivision shall be by independent nominating petition, such petitions to be subject to the provisions of this article pertaining to independent nominations except as is otherwise set forth in this subdivision. The sheets of the inde- pendent nominating petition shall set forth in every instance the name of the signer, his or her address, town or city (except in the city of New York, the county), and the date the signature is fixed. Such peti- tion shall be required to contain a designated number of signatures which shall be the lesser of five percent of votes cast in the last preceding gubernatorial election or one thousand five hundred signatures per petition for the office of state senator and seven hundred fifty signatures per petition for the office of member of assembly.   JUSTIFICATION: The current selection procedure for filling vacancies in the legislature restricts the participation of voters in the elec- toral process, thereby undermining democracy. Presently, in the event that there is a vacancy in the state legislature, the process of select- ing a new representative does not permit real voter participation in a contested election. Rather, a committee filled with political insiders conducts a closed nomination meeting to determine what candidate obtains the party line, effectively guaranteeing election in many districts throughout New York State. New York State's reelection rate ranks among the highest in the nation at 95 percent. Consequently, legislators elected through the current special election process are generally guaranteed a prolonged seat in office. In the New York State Assembly, a staggering 33 percent of legislators obtained office via a special election. Essentially, then, a significant number of legislators have been placed into office without the districts they serve being given a meaningful choice to fill the vacancy. A fundamental tenet of our democracy is the accountability of elected officials to the public, best achieved through competitive elections. Under the current special election system, some legislators are more likely accountable to the party leaders and insiders who effectively place them into office. Reform of the vacancy fulfillment process through implementation of a non-partisan special election system will improve public accountability and reduce the influence of outside forces on the legislature.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A00645 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           645
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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    § 2. This act shall take effect immediately.
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