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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5290
SPONSOR: Rosenthal 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:
A.1369 of 2011-2012 A.645 of 2009-2010
FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5290
2013-2014 Regular Sessions
IN ASSEMBLY
February 22, 2013
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee 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.
LBD00254-01-3
A. 5290 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.
