Legislature considers tweaks to special election calendar

Democrats in both houses of the state legislature met privately on Friday to consider changes to the state’s laws governing the calendar for special elections, according to multiple sources familiar with the conferences in the state Senate and Assembly.

State law lays out a specific timeline for holding special elections following a vacancy, with the governor having 10 days after a resignation from a legislative seat to issue a proclamation scheduling a special election. Special elections for congress need to be held within 80 days – and not less than 70 days – of the proclamation being issued, with special elections for the state legislature coming within 50 days – and not less than 40 days – of the proclamation.

There are a handful of special elections possibly occurring this spring in New York that could be impacted by changes, but the most high-profile possible race will be to fill the seat held by U.S. Rep. Elise Stefanik. The upstate Republican is expected to take over as ambassador of the United Nations and could vacate her seat as early as February, triggering an election by early May.

When Stefanik’s seat becomes vacant it will narrow the slim majority congressional Republicans have in the House of Representatives, which could make it more difficult for House Speaker Mike Johnson to move legislation through his chamber. An update to the special election calendar in New York that extended this likely vacancy would prolong this dynamic.

New Yorkers are already scheduled to head to the polls in June for primary elections, so it’s possible that state policymakers would take steps to consolidate the election calendar. State law already requires vacancies occurring within three months of a general election to be filled with a special election on the pre-scheduled election day, which could be a model for what state lawmakers might be considering to do.

The 21st Congressional District has been in GOP hands for a decade and the party is expected to retain control of the seat in a future special election.

Representatives for the Senate and Assembly Democrats did not immediately respond to a request for comment about their discussions on Friday. A representative for House Minority Leader Hakeem Jeffries did not immediately respond to questions about the Brooklyn Democrat’s role in these discussions.

UPDATE:  In response to questions about the governor’s interest in updating the special election calendar and whether she had been approached by Jeffries, a spokesperson sent over the following statement: “From the John R. Lewis Voting Rights Act to the Early Mail Voter Act, Governor Hochul has worked with the Legislature to expand voting rights in New York. Governor Hochul believes it’s critical to increase voter turnout and reduce the cost of election administration and she would support legislation that achieves that goal.”