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Assemblyman
Marc W. Butler
Assembly District 118
 
Special Election Must Be Held for Clinton Senate Seat
Legislative Column by Assemblyman Marc W. Butler (R,I,C-Newport)
January 12, 2009

This week, I joined my colleagues in the Assembly Minority Conference in calling on Governor Paterson to hold a statewide special election to determine who will succeed Senator Hillary Clinton as New York’s junior senator. Although the governor has the constitutional authority to appoint Senator Clinton’s replacement, the archaic rule undermines basic democratic principles by silencing the people’s voice.

The events of this past year have resulted in one of the most tumultuous and historical years New York state government has ever seen. Not only did we see our governor resign in scandal, but also the majority leader of the state Senate retired and, most recently, President-Elect Obama nominated our junior senator for the position of Secretary of State.

Due to the unpredictable events of 2008 and the resignation of Comptroller Hevesi in 2007, New York currently finds itself with a governor and comptroller who were not elected to the positions that they now hold. In the event that Attorney General Andrew Cuomo is the governor’s selection for the open senate seat, we will have four out of the five most powerful elected positions in our state occupied by officials who were not elected to those positions.

Holding a special election for Senator Clinton’s seat would demonstrate the best form of democracy and it would prove to New Yorkers that the governor has their best interest in mind, that he trusts the citizens of New York to know what is best for them, and that they will pick the right candidate for the position. I encourage the governor to call for a special election and end tremendous speculation as to who our new senator will be.

Several states require special elections to fill U.S. Senate seat vacancies. Currently, Assembly Minority Leader Jim Tedisco is sponsoring a bill which would amend Section 42 of the State’s Public Officer’s Law, which relates to the replacement of New York’s U.S. Senators. This bill would require a special election to determine a successor in the event of any vacancy. I support Leader Tedisco’s new legislation and hope that New York will take the right step to upholding democracy.

 
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