S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8028
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Election Law
 
 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:
 
   Section  1.  Subdivisions 3 and 4 of section 42 of the public officers
 law, subdivision 3 as amended by chapter 4  of  the  laws  of  2011  and
 subdivision  4  as amended by chapter 5 of the laws of 2019, are amended
 to read as follows:
   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 procla-
 mation of a special election to fill such office WITHIN TEN DAYS OF  THE
 OCCURRENCE  OF A VACANCY, specifying the district or county in which the
 election is to be held, and the day thereof, which shall be: A. not less
 than seventy nor more than eighty days from the date of the proclamation
 TO FILL A VACANCY IN THE OFFICE OF A REPRESENTATIVE IN CONGRESS; AND  B.
 NOT  LESS  THAN FORTY DAYS NOR MORE THAN FIFTY DAYS FROM THE DATE OF THE
 PROCLAMATION TO FILL A VACANCY IN ANY OTHER OFFICE.
   4. A. 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11710-02-1
              

 A. 8028                             2
 
 to meet before the next general  election,  or  be  called  after  three
 months before the general election in such year[; nor].
   B.  A  SPECIAL  ELECTION  SHALL  NOT  BE HELD 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  three
 months before the next general election in such year.
   C. A SPECIAL ELECTION SHALL NOT BE HELD TO FILL A VACANCY IN ANY OTHER
 OFFICE SUBJECT TO A PROCLAMATION BY THE GOVERNOR PURSUANT TO SUBDIVISION
 THREE  OF THIS SECTION UNLESS THE VACANCY OCCURS BEFORE THE FIRST DAY OF
 APRIL OF THE LAST YEAR OF THE TERM OF OFFICE.
   D. 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.
   § 2.  This act shall take effect immediately.