S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7227
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
              

 S. 7227                             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.