NY Pub Off L § 42 (2021)
2021 New York Laws PBO - Public Officers Article 3 - Creation and Filling of Vacancies 42 - Filling Vacancies in Elective Offices.

§ 42. Filling  vacancies  in  elective offices. 1. A vacancy occurring   three months before the general election  in  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 shall make proclamation of a special election to   fill such office within  ten  days  of  the  occurrence  of  a  vacancy,   specifying  the  district or county in which the election is to be held,   and the day thereof, which shall be: a. not less than seventy  nor  more   than  eighty days from the date of the proclamation to fill a vacancy in   the office of a representative in congress; and b. not less  than  forty   days  nor more than fifty days from the date of the proclamation to fill   a vacancy in any other office.4. a. 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  three   months before the general election in such year.b.  A  special  election  shall  not  be held 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  three   months before the next general election in such year.c. A special election shall not be held to fill a vacancy in any other   office subject to a proclamation by the governor pursuant to subdivision   three  of this section unless the vacancy occurs before the first day of   April of the last year of the term of office.d. 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.