STATE OF NEW YORK
________________________________________________________________________
7372
2009-2010 Regular Sessions
IN ASSEMBLY
March 31, 2009
___________
Introduced by M. of A. BARRON -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the public officers law, in relation to extending the
deadline for calling special elections to fill vacancies in the
offices of state senator and member of assembly
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 42 of the public officers law, as
2 amended by chapter 317 of the laws of 1954, is amended to read as
3 follows:
4 4. A special election shall not be held to fill a vacancy in the
5 office of a representative in congress unless such vacancy occurs on or
6 before the first day of July of the last year of the term of office, or
7 unless it occurs thereafter and a special session of congress is called
8 to meet before the next general election, or be called after September
9 nineteenth of such year; nor to fill a vacancy in the office of state
10 senator or in the office of member of assembly, unless the vacancy
11 occurs on or before the first day of [April] June of the last year of
12 the term of office, or unless the vacancy occurs in either such office
13 of senator or member of assembly after such first day of [April] June
14 and a special session of the legislature be called to meet between such
15 first day of [April] June and the next general election or be called
16 after September nineteenth in such year. If a special election to fill
17 an office shall not be held as required by law, the [office] vacancy
18 shall be filled at the next general election.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10302-01-9
