S T A T E   O F   N E W   Y O R K
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                                  1369

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  JEFFRIES,  KAVANAGH, CAMARA -- 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:

  Section 1. 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. 1. 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 by a majority  of  such  other
committee  as the rules of the party may provide. A certificate of nomi-
nation shall be filed as provided for [herein] IN THIS ARTICLE.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
A  VACANCY  IN THE OFFICE OF 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.

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

                                                           LBD00116-01-1

A. 1369                             2

  (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 SUBDI-
VISION.    THE  SHEETS  OF THE INDEPENDENT NOMINATING PETITION SHALL SET
FORTH IN EVERY INSTANCE THE NAME OF THE SIGNER,  HIS  OR  HER  RESIDENCE
ADDRESS,  TOWN OR CITY (EXCEPT IN THE CITY OF NEW YORK, THE COUNTY), AND
THE DATE THE SIGNATURE IS FIXED. SUCH  PETITION  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.  A SIGNATURE ON AN INDEPENDENT NOMINATING
PETITION MADE EARLIER THAN THE DATE  OF  THE  PROCLAMATION  REQUIRED  BY
PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE COUNTED.
  (C)  ALL NOMINATING PETITIONS FILED PURSUANT TO THIS SUBDIVISION SHALL
BE FILED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  6-144  OF  THIS
ARTICLE  WITHIN  FIFTEEN DAYS AFTER THE DATE OF THE GOVERNOR'S PROCLAMA-
TION AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  (D) A PERSON ELECTED TO FILL A VACANCY AT AN ELECTION HELD PURSUANT TO
THIS SUBDIVISION SHALL TAKE OFFICE IMMEDIATELY  UPON  QUALIFICATION  AND
SERVE FOR THE REMAINDER OF THE UNEXPIRED TERM.
  S 2. This act shall take effect immediately.