BILL NUMBER: S4800
SPONSOR: TEDISCO
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 3 of article 13 of the constitution, in relation to special
elections of federal officers
 
PURPOSE:
Relates to special elections of federal officers and codifying existing
law into the State Constitution.
 
SUMMARY OF PROVISIONS:
Section 1. Resolved (if the concur), That section 3 of article 13 of the
constitution be amended to read as follows:
§ 3. (a) The legislature shall provide for filling vacancies in office,
and in case of elective officers, no person appointed to fill a vacancy
shall hold his or her office by virtue of such appointment longer than
the commencement of the political year next succeeding the first annual
election after the happening of the vacancy; provided, however, that
nothing contained in this article shall prohibit the filling of vacan-
cies on boards of education, including boards of education of community
districts in the city school district of the city of New York, by
appointment until the next regular school district election, whether or
not such appointment shall extend beyond the thirty-first day of Decem-
ber in any year.
(b) (i) through (vi)explains procedures for filling a vacancy at the
Federal level as prescribed by current New York State Law.
 
JUSTIFICATION:
While there is existing statute in New York State on the protocols for
filling vacancies at the Federal level, these laws are unfortunately
subject to change on a whim by a simple Majority vote for the purposes
of political expediency.
The impetus of the current law (10 days to call for a Special Election
which must be held within 70 to 80 days) was to ensure that these seats
are filled in a timely manner so that over 700,000 New Yorkers are not
left in a lurch without representation in Washington, D.C.
This measure calls for bringing the current timeline for filling vacan-
cies for Federal office into the New York State Constitution, which
would prevent political gimmicks based on the enrollment of any Congres-
sional District, or the balance of power in the U.S. House of Represen-
tatives at any given time.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Resolved (if the concur), That the foregoing amendment be referred to
the first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, inconformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.