S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4800
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  STEC,  BORRELLO, HELMING, MURRAY, ORTT,
   RHOADS, WALCZYK -- read twice and ordered printed, and when printed to
   be committed to the Committee on Judiciary
 
             CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 
 proposing an amendment to section 3 of article 13 of  the  constitution,
   in relation to special elections of federal officers
 
   Section  1. Resolved (if the Assembly concur), That section 3 of arti-
 cle 13 of the constitution be amended to read as follows:
   § 3. (A) The  legislature  shall  provide  for  filling  vacancies  in
 office,  and in case of elective officers, no person appointed to fill a
 vacancy shall hold his or her office by virtue of such appointment long-
 er than the commencement of the political year next succeeding the first
 annual election after the happening of the vacancy;  provided,  however,
 that  nothing  contained  in  this article shall prohibit the filling of
 vacancies on boards of  education,  including  boards  of  education  of
 community districts in the city school district of the city of New York,
 by  appointment until the next regular school district election, whether
 or not such appointment shall extend  beyond  the  thirty-first  day  of
 December in any year.
   (B)  IN  THE CASE OF A SPECIAL ELECTION TO FILL A VACANCY OF A FEDERAL
 OFFICER:
   (I) A VACANCY OCCURRING THREE MONTHS BEFORE THE  GENERAL  ELECTION  IN
 ANY  YEAR  IN  ANY OFFICE AUTHORIZED TO BE FILLED AT A GENERAL ELECTION,
 SHALL BE FILLED AT THE GENERAL ELECTION  HELD  NEXT  THEREAFTER,  UNLESS
 OTHERWISE PROVIDED BY THE CONSTITUTION, OR UNLESS PREVIOUSLY FILLED AT A
 SPECIAL ELECTION.
   (II)  A  VACANCY  OCCURRING BY THE EXPIRATION OF TERM AT THE END OF AN
 EVEN NUMBERED YEAR IN AN OFFICE WHICH MAY NOT UNDER  THE  PROVISIONS  OF
 THE  CONSTITUTION BE FILLED FOR A FULL TERM AT THE GENERAL ELECTION HELD
 PRIOR TO THE EXPIRATION OF SUCH TERM, SHALL BE FILLED  AT  SAID  GENERAL
 ELECTION  FOR  A TERM ENDING WITH THE COMMENCEMENT OF THE POLITICAL YEAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD89093-01-5
              

 S. 4800                             2
 
 NEXT SUCCEEDING THE FIRST GENERAL ELECTION AT WHICH SAID OFFICE  CAN  BE
 FILLED BY ELECTION FOR A FULL TERM.
   (III) UPON THE FAILURE TO ELECT TO ANY OFFICE, 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 THEIR OFFICIAL TERM, OR UPON THE OCCURRENCE OF A VACANCY
 IN ANY ELECTIVE OFFICE WHICH CANNOT BE FILLED BY APPOINTMENT FOR A PERI-
 OD  EXTENDING  TO  OR BEYOND THE NEXT GENERAL ELECTION AT WHICH A PERSON
 MAY BE ELECTED THERETO,  THE  GOVERNOR  SHALL  MAKE  PROCLAMATION  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 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.
   (IV) 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  THREE
 MONTHS BEFORE THE GENERAL ELECTION IN SUCH YEAR.
   (V)  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.
   (VI)  IF  A VACANCY OCCURS IN THE OFFICE OF UNITED STATES SENATOR FROM
 THIS STATE IN ANY EVEN NUMBERED CALENDAR YEAR ON  OR  AFTER  THE  FIFTY-
 NINTH  DAY  PRIOR  TO  THE ANNUAL PRIMARY ELECTION, OR THEREAFTER DURING
 SAID EVEN NUMBERED YEAR, THE GOVERNOR SHALL MAKE A TEMPORARY APPOINTMENT
 TO FILL SUCH VACANCY UNTIL THE THIRD DAY OF JANUARY IN THE YEAR  FOLLOW-
 ING  THE NEXT EVEN NUMBERED CALENDAR YEAR. IF SUCH VACANCY OCCURS IN ANY
 EVEN NUMBERED CALENDAR YEAR ON OR BEFORE THE SIXTIETH DAY  PRIOR  TO  AN
 ANNUAL PRIMARY ELECTION, THE GOVERNOR SHALL MAKE A TEMPORARY APPOINTMENT
 TO FILL SUCH VACANCY UNTIL THE THIRD DAY OF JANUARY IN THE NEXT CALENDAR
 YEAR.    IF A VACANCY OCCURS IN THE OFFICE OF UNITED STATES SENATOR FROM
 THIS STATE IN ANY ODD NUMBERED CALENDAR YEAR, THE GOVERNOR SHALL MAKE  A
 TEMPORARY  APPOINTMENT TO FILL SUCH VACANCY UNTIL THE THIRD DAY OF JANU-
 ARY IN THE NEXT ODD NUMBERED CALENDAR YEAR. SUCH AN APPOINTMENT SHALL BE
 EVIDENCED BY A CERTIFICATE OF THE GOVERNOR WHICH SHALL BE FILED  IN  THE
 OFFICE  OF  THE  STATE  BOARD  OF ELECTIONS. AT THE TIME FOR FILING SUCH
 CERTIFICATE, THE GOVERNOR SHALL ISSUE AND FILE  IN  THE  OFFICE  OF  THE
 STATE  BOARD OF ELECTIONS A WRIT OF ELECTION DIRECTING THE ELECTION OF A
 UNITED STATES SENATOR TO FILL SUCH VACANCY FOR THE UNEXPIRED TERM AT THE
 GENERAL ELECTION NEXT PRECEDING THE EXPIRATION  FOR  THE  TERM  OF  SUCH
 APPOINTMENT.
   §  2.  Resolved (if the Assembly concur), That the foregoing amendment
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.