S T A T E   O F   N E W   Y O R K
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                                  1585

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to  party  nominations  at
  special elections and elections to fill a vacancy

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

  Section 1.  Section 6-114 of the election law is amended  to  read  as
follows:
  S  6-114.  Party nominations; special election.  Party nominations for
an office to be filled at a special election shall be made BY A MAJORITY
VOTE OF A QUORUM OF THE MEMBERS OF THE COUNTY COMMITTEE LAST ELECTED  IN
THE  POLITICAL  SUBDIVISION IN WHICH SUCH SPECIAL ELECTION IS TO BE HELD
OR, IF SUCH OFFICE IS TO BE FILLED IN A DISTRICT  CONTAINING ALL OR PART
OF TWO OR MORE COUNTIES OUTSIDE THE CITY OF NEW YORK OR   IN A  DISTRICT
PARTLY  WITHIN  AND PARTLY WITHOUT SUCH CITY, OR IF SUCH OFFICE IS TO BE
ELECTED BY ALL THE VOTERS OF A COUNTY HAVING A POPULATION OF OVER  SEVEN
HUNDRED  FIFTY  THOUSAND,  SUCH  NOMINATION  MAY  BE  MADE in the manner
prescribed by the rules of the party.
  S 2.  Section 6-116 of the election law, as amended by chapter 373  of
the laws of 1978, is amended to read as follows:
  S  6-116.    Party nominations; election to fill a vacancy.    A party
nomination of a candidate for election to fill a vacancy in an  elective
office  required  to  be  filled at the next general election, occurring
after seven  days  before  the  last  day  for  circulating  designating
petitions  or after the holding of the meeting or convention to nominate
or designate candidates for such, shall be made, after the  day  of  the
primary  election, by a majority vote of a quorum of the state committee
if the vacancy occurs in an office to be filled by  all  voters  of  the
state, and otherwise by a majority vote of a  quorum of the members of a
county committee or committees last elected in the political subdivision
in  which  such  vacancy  is  to  be filled, or, IF SUCH OFFICE IS TO BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07783-01-9
              

S. 1585                             2

FILLED IN A DISTRICT CONTAINING ALL OR PART  OF  TWO  OR  MORE  COUNTIES
OUTSIDE  THE  CITY OF NEW YORK OR IN A DISTRICT PARTLY WITHIN AND PARTLY
WITHOUT SUCH CITY OR IF SUCH OFFICE IS TO BE ELECTED BY ALL  THE  VOTERS
OF  SUCH  CITY OR ALL THE VOTERS OF A COUNTY HAVING A POPULATION OF OVER
SEVEN HUNDRED FIFTY THOUSAND, by a majority VOTE  OF  A  QUORUM  OF  THE
MEMBERS  of  such other committee as the rules of the party may provide.
A certificate of nomination shall be filed as provided for herein.
  S 3. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become a law.