New York A 1355: Relates to the procedure for filling certain vacancies in the office of state senator or in the office of member of assembly in N.Y. city

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A01355 Summary:

BILL NOA01355 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSimon (MS)

&nbsp

COSPNSR

&nbsp

MLTSPNSRRivera, Seawright

&nbsp

Amd §6-116, El L

&nbsp

Relates to the procedure for filling a vacancy in the office of state senator or in the office of member of assembly occurring in a district consisting of parts of more than one county in a city with a population of one million or more; allows for independent nominating petitions to be presented and provides for a special election to be held forty-five days from the date of the governor making a proclamation for a special election.

Go to top A01355 Actions:

BILL NOA01355 

&nbsp

01/09/2025referred to election law

01/07/2026referred to election law

Go to topA01355 Committee&nbspVotes:

Go to topA01355 Floor&nbspVotes:

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

Go to topA01355 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1355

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. SIMON -- Multi-Sponsored by -- M. of A. RIVERA,
 SEAWRIGHT -- read once and referred to the Committee on Election Law

 AN ACT to amend the election law, in relation to the procedure to fill
 certain senate and assembly vacancies in a city with a population of
 one million or more

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

 1 Section 1. Section 6-116 of the election law, as amended by chapter
 2 373 of the laws of 1978, is amended to read as follows:
 3 § 6-116. Party nominations; election to fill a vacancy. 1. A party
 4 nomination of a candidate for election to fill a vacancy in an elective
 5 office required to be filled at the next general election, occurring
 6 after seven days before the last day for circulating designating
 7 petitions or after the holding of the meeting or convention to nominate
 8 or designate candidates for such, shall be made, after the day of the
 9 primary election, by a majority vote of a quorum of the state committee
 10 if the vacancy occurs in an office to be filled by all voters of the
 11 state, and otherwise by a majority vote of a quorum of the members of a
 12 county committee or committees last elected in the political subdivision
 13 in which such vacancy is to be filled, or by a majority of such other
 14 committee as the rules of the party may provide. A certificate of nomi-
 15 nation shall be filed as provided for [herein] in this article.
 16 2. Notwithstanding the provisions of subdivision one of this section,
 17 in a city with a population of one million or more, a vacancy in the
 18 office of state senator or in the office of member of assembly occurring
 19 in a district consisting of parts of more than one county and required
 20 to be filled at the next general election shall be filled by popular
 21 election in the following manner:
 22 (a) Within three days of the occurrence of such a vacancy, the gover-
 23 nor shall make proclamation of a special non-partisan election to fill
 24 such office, specifying the district and/or counties in which the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02684-01-5

 A. 1355 2

 1 election is to be held, and the day thereof, which shall be forty-five
 2 days from the date of the proclamation.
 3 (b) All nominations for elections to fill vacancies held pursuant to
 4 this subdivision shall be by independent nominating petition, such
 5 petitions to be subject to the provisions of this article pertaining to
 6 independent nominations except as is otherwise set forth in this subdi-
 7 vision. The sheets of the independent nominating petition shall set
 8 forth in every instance the name of the signer, the signer's residence
 9 address, the county, and the date the signature is fixed. Such petition
 10 shall be required to contain a designated number of signatures which
 11 shall be the lesser of five percent of votes cast in the last preceding
 12 gubernatorial election or one thousand five hundred signatures per peti-
 13 tion for the office of state senator and seven hundred fifty signatures
 14 per petition for the office of member of assembly. A signature on an
 15 independent nominat