2012 New York Consolidated Laws
PBO - Public Officers
Article 3 - (30 - 43) CREATION AND FILLING OF VACANCIES
42 - Filling vacancies in elective offices.

 
    § 42. Filling  vacancies  in  elective offices. 1. A vacancy occurring
  before September twentieth of any year in any office  authorized  to  be
  filled  at  a  general  election,  except  in the offices of governor or
  lieutenant-governor, shall be filled at the general election  held  next
  thereafter,  unless  otherwise  provided  by the constitution, or unless
  previously filled at a special election.
    2. A vacancy occurring by the expiration of term at the end of an even
  numbered year in an office which may not under  the  provisions  of  the
  constitution  be  filled  for  a  full term at the general election held
  prior to the expiration of such term, shall be filled  at  said  general
  election  for  a term ending with the commencement of the political year
  next succeeding the first general election at which said office  can  be
  filled by election for a full term.
    3. Upon the failure to elect to any office, except that of governor or
  lieutenant-governor,  at  a  general  or special election, at which such
  office is authorized to be filled, or upon the death or disqualification
  of a person elected to office before the  commencement  of  his  or  her
  official  term,  or  upon  the  occurrence  of a vacancy in any elective
  office which cannot be filled by appointment for a period  extending  to
  or  beyond  the  next  general election at which a person may be elected
  thereto, the governor may in his or her discretion make proclamation  of
  a  special  election  to  fill  such  office, specifying the district or
  county in which the election is to be held, and the day  thereof,  which
  shall  be  not less than seventy nor more than eighty days from the date
  of the proclamation.
    4. A special election shall not be held  to  fill  a  vacancy  in  the
  office  of a representative in congress unless such vacancy occurs on or
  before the first day of July of the last year of the term of office,  or
  unless  it occurs thereafter and a special session of congress is called
  to meet before the next general election, or be called  after  September
  nineteenth  of  such  year; nor to fill a vacancy in the office of state
  senator or in the office of  member  of  assembly,  unless  the  vacancy
  occurs  before  the  first  day of April of the last year of the term of
  office, or unless the vacancy occurs in either such office of senator or
  member of assembly after such first day of April and a  special  session
  of the legislature be called to meet between such first day of April and
  the  next  general  election  or be called after September nineteenth in
  such year. If a special election to fill an office shall not be held  as
  required  by  law,  the  office  shall  be  filled  at  the next general
  election.
    4-a. If a vacancy occurs in the office of United States  senator  from
  this  state  in  any  even  numbered  calendar  year  on  or  after  the
  fifty-ninth day prior to the  annual  primary  election,  or  thereafter
  during  said  even  numbered  year,  the governor shall make a temporary
  appointment to fill such vacancy until the third day of January  in  the
  year  following  the  next  even numbered calendar year. If such vacancy
  occurs in any even numbered calendar year on or before the sixtieth  day
  prior to an annual primary election, the governor shall make a temporary
  appointment  to  fill such vacancy until the third day of January in the
  next calendar year. If a vacancy occurs in the office of  United  States
  senator  from this state in any odd numbered calendar year, the governor
  shall make a temporary appointment to fill such vacancy until the  third
  day  of  January  in  the  next  odd  numbered  calendar  year.  Such an
  appointment shall be evidenced by a certificate of  the  governor  which
  shall  be  filed  in  the office of the state board of elections. At the
  time for filing such certificate, the governor shall issue and  file  in
  the  office of the state board of elections a writ of election directing
  the election of a United States senator to fill  such  vacancy  for  the

  unexpired term at the general election next preceding the expiration for
  the term of such appointment.
    5. Whenever the authority to fill any vacancy is vested in a board and
  such  board  is  unable  to  fill  such vacancy in an elective office by
  reason of a tie vote, or such board neglects to fill  such  vacancy  for
  any other reason, the governor may, in his discretion, make proclamation
  of a special election to fill the vacancy.