BILL NUMBER: S1524

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the public officers law, in relation to vacancies occur-
ring in the office of United States senator and to repeal subdivision
4-a of section 42 of the public officers law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

To direct that the governor order a special election whenever a vacancy
in the office of United States Senator occurs.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill mandates that within ten days of the occurrence of a vacancy
in the office of United States senator from the State of New York, the
governor issue a writ of election calling a special election to fill the
vacancy. Such special election shall be held within sixty to ninety days
from the date of issue of the writ. If an annual or primary election is
              

already scheduled within one hundred days of the occurrence of the
vacancy, then the special election shall be held on the sooner of either
of those election days. The person elected shall fill the remainder of
the unexpired term.

 
EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD AFFECT:

Repeals the existing subdivision 4-a of section 42 of the Public Offi-
cers Law and adds a new subdivision 4-a.

 
JUSTIFICATION:

The 17th Amendment to the United States Constitution provides that when
vacancies occur in the office of United States senator, the executive
shall issue writs of election to fill such vacancies.  However, the
amendment also provides that the state legislature may empower the exec-
utive to make temporary appointments until the vacancy is filled by
election, as the legislature may direct. Recent events in the State of
Illinois where there are allegations of the corrupt use of the gover-
nor's appointment power and here, in our state, where candidates for
appointment have lobbied the governor and other persons believed to have
influence with the governor, demonstrate that the appointment of an
interim senator is not in the public interest. One person should not be
in a position to appoint an individual to represent 19 million New York-
ers; the voters of the state should have that right.

Several other states require immediate special elections and at least
two other states (Massachusetts and Minnesota) are currently considering
eliminating temporary gubernatorial appointments, in favor of popular
elections. In order that the state not suffer an inordinate amount of
time without a United States Senator, this bill directs the governor to
call a special election within ten days of the occurrence of the vacancy
and that the election occur within 60 to 90 days thereafter.

In order to prevent an additional election expense, the bill further
provides that if the vacancy occurs within 100 days of either an annual
primary or general election, the special election shall be held in
concert with such regularly scheduled election.
 
PRIOR LEGISLATIVE HISTORY:

02/03/17: S.4147 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/03/18: S.4147 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/11/19: S.1155 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/08/20: S.1155 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.