New York A 1610: Sets out the procedures and requirements for special elections

Bill Text

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A01610 Summary:

BILL NOA01610 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORRosenthal

&nbsp

COSPNSRDinowitz, Paulin, Epstein, Rivera

&nbsp

MLTSPNSR

&nbsp

Amd §6-114, add §6-161, El L; amd §42, Pub Off L

&nbsp

Sets out the procedures and requirements for special elections; implements a timetable for the special primary and special election, including the number of signatures required for the petition.

Go to top A01610 Actions:

BILL NOA01610 

&nbsp

01/10/2025referred to election law

01/07/2026referred to election law

Go to topA01610 Committee&nbspVotes:

Go to topA01610 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01610 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1610

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, DINOWITZ, PAULIN, EPSTEIN -- read once
 and referred to the Committee on Election Law

 AN ACT to amend the election law and the public officers law, in
 relation to creating a special primary election to take place prior to
 a special election and mandating the governor to proclaim all special
 elections within ten days of the vacancy

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 6-114 of the election law is amended to read as
 2 follows:
 3 § 6-114. Party nominations; special election. Party nominations for an
 4 office to be filled at a special election shall be made [in the manner
 5 prescribed by the rules of the party] at a special primary election
 6 pursuant to section 6-161 of this article, at which the candidate
 7 receiving the most votes shall be the nominee of the party.
 8 § 2. The election law is amended by adding a new section 6-161 to read
 9 as follows:
 10 § 6-161. Special primary elections. 1. The special primary election
 11 shall take place on the first Tuesday occurring at least thirty days but
 12 no more than thirty-six days prior to the special election.
 13 2. Designating petitions for a primary nomination shall be subjected
 14 to the same form and rules set out in sections 6-132 and 6-134 of this
 15 article. Designating petitions shall be filed within twelve days of the
 16 date the governor proclaims the need for a special election.
 17 3. Notwithstanding section 6-136 of this article, the required amount
 18 of signatures for a designating petition, pursuant to this section,
 19 shall be five hundred for a state senatorial district and two hundred
 20 fifty for an assembly district.
 21 4. Petitions for independent nominations shall be filed within fifteen
 22 days of the date the governor proclaims the need for a special election.
 23 Notwithstanding section 6-138 of this article, the required amount of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04165-01-5

 A. 1610 2

 1 signatures for a designating petition, pursuant to this section, shall
 2 be one thousand for a state senatorial district and five hundred for an
 3 assembly district.
 4 § 3. Subdivisions 1, 3 and 4 of section 42 of the public officers law,
 5 subdivision 1 as amended by chapter 5 of the laws of 2019, subdivision 3
 6 as amended by chapter 164 of the laws of 2022 and subdivision 4 as
 7 amended by chapter 320 of the laws of 2021, are amended and a new subdi-
 8 vision 4-b is added to read as follows:
 9 1. A vacancy occurring three months before the general election in any
 10 year in any office authorized to be filled at a general election, except
 11 in the offices of governor [or], lieutenant-governor, state senator or
 12 member of assembly, shall be filled at the general election held next
 13 thereafter, unless otherwise provided by the constitution, or unless
 14 previously filled at a special election.
 15 3. Upon the failure to elect to any office, except that of governor or
 16 lieutenant-governor, at a general or special election, at which such
 17 office is authorized to be filled, or upon the death or disqualification
 18 of a person elected to office before the commencement of [his or her]
 19 such person's official term, or upon the occurrence of a vacancy in any
 20 elective office which cannot be filled by