STATE OF NEW YORK
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3189
2011-2012 Regular Sessions
IN ASSEMBLY
January 24, 2011
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Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Governmental Operations
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 such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4-a of section 42 of the public officers law is
2 REPEALED.
3 § 2. Subdivision 4 of section 42 of the public officers law, as
4 amended by chapter 317 of the laws of 1954, is amended to read as
5 follows:
6 4. A special election shall not be held to fill a vacancy in the
7 office of a representative in congress or United States senator from
8 this state unless such vacancy occurs on or before the first day of July
9 of the last year of the term of office, or unless it occurs thereafter
10 and a special session of congress is called to meet before the next
11 general election, or be called after September nineteenth of such year;
12 nor to fill a vacancy in the office of state senator or in the office of
13 member of assembly, unless the vacancy occurs before the first day of
14 April of the last year of the term of office, or unless the vacancy
15 occurs in either such office of senator or member of assembly after such
16 first day of April and a special session of the legislature be called to
17 meet between such first day of April and the next general election or be
18 called after September nineteenth in such year. If a special election to
19 fill an office shall not be held as required by law, the office shall be
20 filled at the next general election.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06159-01-1
