S T A T E   O F   N E W   Y O R K
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                                   236

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  KAVANAGH, GALEF, CAMARA, PAULIN,
  DINOWITZ, CAHILL, KELLNER -- Multi-Sponsored by -- M. of A.  GOTTFRIED
  -- read once and referred to the Committee on Election Law

AN  ACT  to  amend  the  election  law  and  the public officers law, in
  relation to creating a special primary election to take place prior to
  a special election and mandating the governor to proclaim all  special
  elections within ten days of the 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 [in the manner
prescribed by the rules of the party]  AT  A  SPECIAL  PRIMARY  ELECTION
PURSUANT  TO  SECTION  6-161  OF  THIS  ARTICLE,  AT WHICH THE CANDIDATE
RECEIVING THE MOST VOTES SHALL BE THE NOMINEE OF THE PARTY.
  S 2. The election law is amended by adding a new section 6-161 to read
as follows:
  S 6-161. SPECIAL PRIMARY ELECTIONS. 1. THE  SPECIAL  PRIMARY  ELECTION
SHALL TAKE PLACE ON THE FIRST TUESDAY OCCURRING AT LEAST THIRTY DAYS BUT
NO MORE THAN THIRTY-SIX DAYS PRIOR TO THE SPECIAL ELECTION.
  2.  DESIGNATING  PETITIONS FOR A PRIMARY NOMINATION SHALL BE SUBJECTED
TO THE SAME FORM AND RULES SET OUT IN SECTIONS 6-132 AND 6-134  OF  THIS
ARTICLE.  DESIGNATING PETITIONS SHALL BE FILED WITHIN TWELVE DAYS OF THE
DATE THE GOVERNOR PROCLAIMS THE NEED FOR A SPECIAL ELECTION.
  3. NOTWITHSTANDING SECTION 6-136 OF THIS ARTICLE, THE REQUIRED  AMOUNT
OF  SIGNATURES  FOR  A  DESIGNATING  PETITION, PURSUANT TO THIS SECTION,
SHALL BE FIVE HUNDRED FOR A STATE SENATORIAL DISTRICT  AND  TWO  HUNDRED
FIFTY FOR AN ASSEMBLY DISTRICT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02322-01-3
              

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  4. PETITIONS FOR INDEPENDENT NOMINATIONS SHALL BE FILED WITHIN FIFTEEN
DAYS OF THE DATE THE GOVERNOR PROCLAIMS THE NEED FOR A SPECIAL ELECTION.
NOTWITHSTANDING  SECTION  6-138  OF THIS ARTICLE, THE REQUIRED AMOUNT OF
SIGNATURES FOR A DESIGNATING PETITION, PURSUANT TO THIS  SECTION,  SHALL
BE  ONE THOUSAND FOR A STATE SENATORIAL DISTRICT AND FIVE HUNDRED FOR AN
ASSEMBLY DISTRICT.
  S 3. Subdivisions 1, 3 and 4 of section 42 of the public officers law,
subdivision 1 as amended by chapter 878 of the laws of 1946, subdivision
3 as amended by chapter 4 of the laws  of  2011  and  subdivision  4  as
amended by chapter 317 of the laws of 1954, are amended and a new subdi-
vision 4-b is added to read as follows:
  1.  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, STATE SENATOR OR MEMBER
OF ASSEMBLY, shall be filled at the general election held next thereaft-
er, unless otherwise provided by the constitution, or unless  previously
filled at a special election.
  3. Upon the failure to elect to any office, except that of governor or
lieutenant-governor,  at  a  general  or special election, at which such
office is authorized to be filled, or upon the death or disqualification
of a person elected to office before the  commencement  of  his  or  her
official  term,  or  upon  the  occurrence  of a vacancy in any elective
office which cannot be filled by appointment for a period  extending  to
or  beyond  the  next  general election at which a person may be elected
thereto, the governor [may in his or her discretion] SHALL make A  proc-
lamation  WITHIN  TEN  DAYS OF THE VACANCY of a special 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 [not less than seventy
nor more than eighty] NINETY days OR ON THE FIRST TUESDAY FOLLOWING  THE
NINETY DAYS from the date of the proclamation.
  4.  A  special  election  shall  not  be held to fill a vacancy in the
office of a representative in congress unless such vacancy occurs on  or
before  the first day of July of the last year of the term of office, or
unless it occurs thereafter and a special session of congress is  called
to  meet  before the next general election, or be called after September
nineteenth of such year[; nor to fill a vacancy in the office  of  state
senator  or  in  the  office  of  member of assembly, unless the vacancy
occurs before the first day of April of the last year  of  the  term  of
office, or unless the vacancy occurs in either such office of senator or
member  of  assembly after such first day of April and a special session
of the legislature be called to meet between such first day of April and
the next general election or be called  after  September  nineteenth  in
such year]. If a special election to fill an office shall not be held as
required  by  law,  the  office  shall  be  filled  at  the next general
election.
  4-B. IF A VACANCY OCCURS IN THE OFFICE OF  STATE  SENATOR  OR  IN  THE
OFFICE  OF MEMBER OF ASSEMBLY BETWEEN ONE HUNDRED EIGHTY AND NINETY DAYS
PRIOR TO AN ANNUAL PRIMARY ELECTION OR IF A VACANCY OCCURS  BETWEEN  ONE
HUNDRED  EIGHTY AND NINETY DAYS PRIOR TO A GENERAL ELECTION, THE SPECIAL
ELECTION SHALL BE HELD ON THE DAY OF  THE  ANNUAL  PRIMARY  ELECTION  OR
GENERAL  ELECTION  RESPECTIVELY, WITH THE SPECIAL PRIMARY ELECTION TO BE
HELD ON THE FIRST TUESDAY OCCURRING AT LEAST THIRTY  DAYS  BUT  NO  MORE
THAN THIRTY-SIX DAYS PRIOR TO THE SPECIAL ELECTION.
  S 4.  If any section of this act or any part thereof shall be adjudged
by  any  court  of  competent  jurisdiction to be invalid, such judgment

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shall not affect, impair  or  invalidate  the  remainder  or  any  other
section or part thereof.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.