2023 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, unless otherwise provided for by authorized
  local  law,  resolution  or  ordinance,  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 or for  a  vacancy
  in  any other office that is not in the state senate or assembly; and b.
  not less than forty days nor more than fifty days from the date  of  the
  proclamation  to  fill  a  vacancy  in  the  state  senate  or assembly,
  provided, however, that the governor may issue a  proclamation  to  fill
  any subsequent vacancy in the state senate or assembly for the same date
  as any previously scheduled special election as long as the proclamation
  is  issued  at  least  thirty  days before the occurrence of the special
  election.
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, at the governor's discretion, make
  proclamation of a special election to fill the vacancy.