New York A 4881: Relates to filling vacancies in elective offices

Bill Text

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A04881 Summary:

BILL NOA04881 

&nbsp

SAME ASSAME AS S04588

&nbsp

SPONSORHeastie

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §42, Pub Off L

&nbsp

Sets procedures for when special elections may be consolidated with general elections.

Go to top A04881 Actions:

BILL NOA04881 

&nbsp

02/07/2025referred to election law

01/07/2026referred to election law

Go to topA04881 Committee&nbspVotes:

Go to topA04881 Floor&nbspVotes:

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

Go to topA04881 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4881

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 7, 2025
 ___________

 Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
 tee on Election Law

 AN ACT to amend the public officers law, in relation to filling vacan-
 cies in elective offices

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

 1 Section 1. Legislative findings. The Legislature finds that New York's
 2 current system of filling federal and state elected office vacancies
 3 places undue financial and operational burdens on local boards of
 4 elections and exacerbates voter confusion and fatigue by asking voters
 5 to frequently participate in elections throughout the year, thus result-
 6 ing in lower voter turnout and decreased participation in the electoral
 7 process.
 8 Local boards must comply with state requirements and federal require-
 9 ments under the Help America Vote Act (HAVA), which include training
 10 poll workers to ensure elections remain inclusive and accessible to
 11 voters. The unpredictability of holding multiple elections throughout
 12 the year may leave local boards unable to fiscally plan for such unex-
 13 pected expenses. County boards generally have months of preparation
 14 ahead of elections given the complexities associated with executing an
 15 election - including setting up poll sites, processing voter registra-
 16 tions, and gathering the necessary staff to help run the election. It is
 17 therefore an inefficient use of funds to schedule a special election so
 18 close to a general election date, causing county boards to reduplicate
 19 the significant effort and funding in a short period of time.
 20 Further, voter fatigue occurs when voters are asked to participate in
 21 frequent elections throughout the year. In addition, multiple elections
 22 can create a process which is confusing or challenging for voters,
 23 resulting in lower voter turnout and subsequently a less representative
 24 electorate for the people. This is particularly true in congressional
 25 elections, which may encompass multiple counties and involve several
 26 boards of elections. Ensuring that congressional elections are set to
 27 maximize voter turnout is of fundamental importance to the Legislature
 28 and a well-functioning elections system.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09222-01-5

 A. 4881 2

 1 While vacancies in elected offices can occur at any time, occasionally
 2 necessitating additional special elections in unusual times of the year,
 3 the Legislature finds it is crucial to ensure efficiencies in elections
 4 where possible and maximize voter turnout. For these reasons, the
 5 Legislature seeks to create such efficiencies and increase voter turnout
 6 by allowing for the combination of special elections with general
 7 election dates in state elections when the special election would occur
 8 close in time with a general election date already determined by the
 9 State Board of Elections. For congressional elections, the Legislature
 10 seeks to create such efficiencies and increase voter turnout by allowing
 11 for special elections to be combined with a general election. This will
 12 prevent the doubling of efforts and the excess expenditure of taxpayer
 13 funds as well as ensure that county boards, voters, and candidates are
 14 prepared and informed.
 15 § 2. Subdivision 3 of section 42 of the public officers law, as
 16 amended by chapter 164 of the laws of 2022, is amended to read as
 17 follows:
 18 3. Upon the failure to elect to any office, except that of governor or
 19 lieutenant-governor,