A01829 Summary:

BILL NO    A01829 

SAME AS    No same as

SPONSOR    Tedisco

COSPNSR    Conte, McDonough, Duprey, Reilich, Sayward, Townsend, Corwin, Raia,
           Thiele, Kolb, Barclay, Butler

MLTSPNSR   Crouch, Errigo, McKevitt

Rpld & add S42 sub 4-a, Pub Off L

Provides for a special election to fill vacancies in the office of United
States senator from this state.

A01829 Actions:

BILL NO    A01829 

01/12/2009 referred to governmental operations
01/06/2010 referred to governmental operations

A01829 Votes:

A01829 Memo:

 BILL NUMBER:  A1829

 TITLE OF BILL :  An act to amend the public officers law, in relation
to vacancies occurring 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 Officers 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 executive 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 governor'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 Yorkers; 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 : None, new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :  None

 EFFECTIVE DATE :  This act shall take effect immediately.