S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2001

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the  public  officers  law  and  the  election  law,  in
  relation to filling vacancies in the office of United States senator

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4-a of section 42 of the public  officers  law,
as  amended  by  chapter  373 of the laws of 1978, is amended to read as
follows:
  4-a. (A) If a vacancy occurs in the office of  United  States  senator
from  this  state  [in  any  even numbered calendar year on or after the
fifty-ninth day prior to the  annual  primary  election,  or  thereafter
during  said  even  numbered  year], the governor shall make a temporary
appointment to fill such vacancy until the [third day of January in  the
year  following  the  next even numbered calendar year] SPECIAL ELECTION
HELD TO FILL SUCH VACANCY IN ACCORDANCE WITH THE PROCEDURES PROVIDED  IN
PARAGRAPH  (B)  OF  THIS  SUBDIVISION IS CERTIFIED BY THE STATE BOARD OF
ELECTIONS.  [If such vacancy occurs in any even numbered  calendar  year
on  or  before the sixtieth day prior to an annual primary election, the
governor shall make a temporary appointment to fill such  vacancy  until
the  third day of January in the next calendar year. If a vacancy occurs
in the office of United States  senator  from  this  state  in  any  odd
numbered  calendar year, the governor shall make a temporary appointment
to fill such vacancy until the third day of  January  in  the  next  odd
numbered  calendar  year.    Such an appointment shall be evidenced by a
certificate of the governor which shall be filed in the  office  of  the
state  board  of elections. At the time for filing such certificate, the
governor shall issue and file in  the  office  of  the  state  board  of
elections  a  writ of election directing the election of a United States
senator to fill such vacancy for  the  unexpired  term  at  the  general

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04239-03-9

              

A. 2001                             2

election  next  preceding  the  expiration for the term of such appoint-
ment.]
  (B) WITHIN THREE DAYS OF THE VACANCY THE GOVERNOR SHALL ISSUE AND FILE
IN THE OFFICE OF THE STATE BOARD OF ELECTIONS A WRIT OF ELECTION DIRECT-
ING THE ELECTION OF A UNITED STATES SENATOR TO FILL SUCH VACANCY FOR THE
UNEXPIRED  TERM  AT  A  SPECIAL ELECTION HELD ON A TUESDAY NOT LESS THAN
NINETY DAYS NOR MORE THAN ONE HUNDRED TWENTY DAYS AFTER  THE  FILING  OF
SUCH  WRIT WITH THE STATE BOARD OF ELECTIONS, WITH PARTY NOMINATIONS FOR
SUCH ELECTION TO BE DETERMINED BY A SPECIAL PRIMARY ELECTION IN  ACCORD-
ANCE WITH SECTION 6-115 OF THE ELECTION LAW.
  S 2. The election law is amended by adding a new section 6-115 to read
as follows:
  S  6-115.  PARTY NOMINATIONS; UNITED STATES SENATOR; SPECIAL ELECTION.
NOTWITHSTANDING THE PROVISIONS OF SECTION 6-114 OF THIS  ARTICLE,  PARTY
NOMINATIONS  FOR  THE OFFICE OF UNITED STATES SENATOR SHALL BE BY DESIG-
NATION AND NOMINATION BY PETITION AND A SPECIAL PRIMARY ELECTION HELD ON
A TUESDAY DESIGNATED BY THE STATE  BOARD  OF  ELECTIONS  NOT  LESS  THAN
FORTY-FIVE DAYS NOR MORE THAN SIXTY DAYS AFTER THE GOVERNOR FILES A WRIT
OF  ELECTION  WITH  THE STATE BOARD OF ELECTIONS TO FILL SUCH VACANCY IN
THE OFFICE OF UNITED STATES SENATOR. SUCH DESIGNATIONS, NOMINATIONS  AND
SPECIAL  PRIMARY  ELECTIONS SHALL BE CONDUCTED PURSUANT TO RULES PROMUL-
GATED BY THE STATE BOARD OF ELECTIONS, WHICH TO THE EXTENT APPLICABLE BE
CONSISTENT WITH THE OTHER PROVISIONS OF THIS ARTICLE.
  S 3. Subdivision 14 of section 6-158 of the election law is amended to
read as follows:
  14. A vacancy occurring before September twentieth of any year in  any
office  authorized  to  be  filled  at a general election, except in the
offices  of  governor[,]  OR  lieutenant-governor[,  or  United   States
senator]  shall  be filled at the general election held next thereafter,
unless otherwise provided by  the  constitution,  or  unless  previously
filled at a special election.
  S 4. This act shall take effect immediately.