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SB7227 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7227
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      June 7, 2021
                                       ___________
 
        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public officers law, in relation  to  the  dates  by
          which the governor may make proclamation of a special election to fill
          certain offices

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 3 and 4 of section 42 of the  public  officers
     2  law,  subdivision  3  as  amended  by  chapter 4 of the laws of 2011 and
     3  subdivision 4 as amended by chapter 5 of the laws of 2019,  are  amended
     4  to read as follows:
     5    3. Upon the failure to elect to any office, except that of governor or
     6  lieutenant-governor,  at  a  general  or special election, at which such
     7  office is authorized to be filled, or upon the death or disqualification
     8  of a person elected to office before the  commencement  of  his  or  her
     9  official  term,  or  upon  the  occurrence  of a vacancy in any elective
    10  office which cannot be filled by appointment for a period  extending  to
    11  or  beyond  the  next  general election at which a person may be elected
    12  thereto, the governor [may in his or her discretion] shall make  procla-
    13  mation  of a special election to fill such office within ten days of the
    14  occurrence of a vacancy, specifying the district or county in which  the
    15  election is to be held, and the day thereof, which shall be: a. not less
    16  than seventy nor more than eighty days from the date of the proclamation
    17  to  fill a vacancy in the office of a representative in congress; and b.
    18  not less than forty days nor more than fifty days from the date  of  the
    19  proclamation to fill a vacancy in any other office.
    20    4.  a.  A  special election shall not be held to fill a vacancy in the
    21  office of a representative in congress unless such vacancy occurs on  or
    22  before  the first day of July of the last year of the term of office, or
    23  unless it occurs thereafter and a special session of congress is  called
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11710-02-1

        S. 7227                             2
 
     1  to  meet  before  the  next  general  election, or be called after three
     2  months before the general election in such year[; nor].
     3    b.  A  special  election  shall  not  be held to fill a vacancy in the
     4  office of state senator or in the office of member of  assembly,  unless
     5  the vacancy occurs before the first day of April of the last year of the
     6  term  of  office,  or unless the vacancy occurs in either such office of
     7  senator or member of assembly after  such  first  day  of  April  and  a
     8  special  session of the legislature be called to meet between such first
     9  day of April and the next general election  or  be  called  after  three
    10  months before the next general election in such year.
    11    c. A special election shall not be held to fill a vacancy in any other
    12  office subject to a proclamation by the governor pursuant to subdivision
    13  three  of this section unless the vacancy occurs before the first day of
    14  April of the last year of the term of office.
    15    d. If a special election to fill  an  office  shall  not  be  held  as
    16  required  by  law,  the  office  shall  be  filled  at  the next general
    17  election.
    18    § 2.  This act shall take effect immediately.
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