§ 42 — Filling vacancies in elective offices

New York § 42

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 3: Creation and Filling of Vacancies

Text

§ 42. Filling vacancies in elective offices. 1. A vacancy occurring\nthree months before the general election in any year in any office\nauthorized to be filled at a general election, except in the offices of\ngovernor or lieutenant-governor, shall be filled at the general election\nheld next thereafter, unless otherwise provided by the constitution, or\nunless previously filled at a special election.\n 2. A vacancy occurring by the expiration of term at the end of an even\nnumbered year in an office which may not under the provisions of the\nconstitution be filled for a full term at the general election held\nprior to the expiration of such term, shall be filled at said general\nelection for a term ending with the commencement of the political year\nnext succeeding the first general election at which said office can be\nfilled by election for a full term.\n 3. Upon the failure to elect to any office, except that of governor or\nlieutenant-governor, at a general or special election, at which such\noffice is authorized to be filled, or upon the death or disqualification\nof a person elected to office before the commencement of his or her\nofficial term, or upon the occurrence of a vacancy in any elective\noffice which cannot be filled by appointment for a period extending to\nor beyond the next general election at which a person may be elected\nthereto, the governor shall, unless otherwise provided for by authorized\nlocal law, resolution or ordinance, make proclamation of a special\nelection to fill such office within ten days of the occurrence of a\nvacancy, specifying the district or county in which the election is to\nbe held, and the day thereof, which shall be: a. not less than seventy\nnor more than eighty days from the date of the proclamation to fill a\nvacancy in the office of a representative in congress or for a vacancy\nin any other office that is not in the state senate or assembly; and b.\nnot less than forty days nor more than fifty days from the date of the\nproclamation to fill a vacancy in the state senate or assembly,\nprovided, however, that the governor may issue a proclamation to fill\nany subsequent vacancy in the state senate or assembly for the same date\nas any previously scheduled special election as long as the proclamation\nis issued at least thirty days before the occurrence of the special\nelection.\n 4. a. A special election shall not be held to fill a vacancy in the\noffice of a representative in congress unless such vacancy occurs on or\nbefore the first day of July of the last year of the term of office, or\nunless it occurs thereafter and a special session of congress is called\nto meet before the next general election, or be called after three\nmonths before the general election in such year.\n b. A special election shall not be held to fill a vacancy in the\noffice of state senator or in the office of member of assembly, unless\nthe vacancy occurs before the first day of April of the last year of the\nterm of office, or unless the vacancy occurs in either such office of\nsenator or member of assembly after such first day of April and a\nspecial session of the legislature be called to meet between such first\nday of April and the next general election or be called after three\nmonths before the next general election in such year.\n c. A special election shall not be held to fill a vacancy in any other\noffice subject to a proclamation by the governor pursuant to subdivision\nthree of this section unless the vacancy occurs before the first day of\nApril of the last year of the term of office.\n d. If a special election to fill an office shall not be held as\nrequired by law, the office shall be filled at the next general\nelection.\n 4-a. If a vacancy occurs in the office of United States senator from\nthis state in any even numbered calendar year on or after the\nfifty-ninth day prior to the annual primary election, or thereafter\nduring said even numbered year, the governor shall make a temporary\nappointment to fill such vacancy until the third day of January in the\nyear following the next even numbered calendar year. If such vacancy\noccurs in any even numbered calendar year on or before the sixtieth day\nprior to an annual primary election, the governor shall make a temporary\nappointment to fill such vacancy until the third day of January in the\nnext calendar year. If a vacancy occurs in the office of United States\nsenator from this state in any odd numbered calendar year, the governor\nshall make a temporary appointment to fill such vacancy until the third\nday of January in the next odd numbered calendar year. Such an\nappointment shall be evidenced by a certificate of the governor which\nshall be filed in the office of the state board of elections. At the\ntime for filing such certificate, the governor shall issue and file in\nthe office of the state board of elections a writ of election directing\nthe election of a United States senator to fill such vacancy for the\nunexpired term at the general election next preceding the expiration for\nthe term of such appointment.\n 5. Whenever the authority to fill any vacancy is vested in a board and\nsuch board is unable to fill such vacancy in an elective office by\nreason of a tie vote, or such board neglects to fill such vacancy for\nany other reason, the governor may, at the governor's discretion, make\nproclamation of a special election to fill the vacancy.\n