Matter of Barron v. Board of Elections in the City of New York, 11 N.Y.3d 747 (2008)
Under Public Officers Law § 42(4), a special election is generally not required to fill a vacancy in the office of a member of the New York State Assembly that occurs after April 1st of the last year of the term, and the office will be filled at the next general election.
Summary
This case concerns the proper procedure for filling a vacancy in the New York State Assembly when it occurs late in the term. After a Member of Assembly was convicted of felonies, a vacancy was certified. A candidate sought to compel the Board of Elections to hold a special election to fill the vacancy for the remainder of the term. The Court of Appeals held that Public Officers Law § 42(4) governs, and a special election is not required because the vacancy occurred after April 1st of the last year of the term. The office will be filled in the next general election.
Facts
Diane Gordon, a Member of Assembly for the 40th Assembly District in Kings County, was convicted of felonies on April 8, 2008, which by law created a vacancy in her office, with the term ending December 31, 2008. On April 16, 2008, the State Board of Elections certified the vacancy to the Board of Elections in the City of New York. Inez D. Barron, who was already circulating petitions for the next term commencing January 1, 2009, also began circulating petitions for the vacancy term. Barron sought to compel the Board of Elections to conduct primary and general elections to fill the vacancy.
Procedural History
The Supreme Court ordered the Board of Elections to conduct primary and general elections to fill the vacancy and set a date for the start of petition circulation. The Appellate Division affirmed the order requiring elections but modified the petition circulation date. The Board of Elections appealed to the Court of Appeals.
Issue(s)
Whether Public Officers Law § 42(4) requires a special election to fill a vacancy in the office of Member of Assembly when the vacancy occurs after April 1st of the last year of the term.
Holding
No, because Public Officers Law § 42(4) provides a specific rule for vacancies in the office of Member of Assembly, stating that a special election is not required unless the vacancy occurs before April 1st of the last year of the term, or a special session of the legislature is called.
Court’s Reasoning
The Court of Appeals reversed the Appellate Division, holding that Public Officers Law § 42(4) governs the situation. The court analyzed both § 42(1), which generally provides for filling vacancies at the next general election, and § 42(4), which provides a special rule for members of the Assembly. The court stated, “Although subdivision (1) generally provides for the filling of vacancies at the next general election if the vacancy occurs before September 20th, subdivision (4) modifies the general rule for vacancies occurring in the office of Member of Assembly.”
The court reasoned that since the vacancy occurred after April 1st, no special election was required. The court emphasized the legislative intent behind § 42(4), noting that historically, the Legislature recessed before April 1st, implying that vacancies occurring after that date were intended to remain unfilled for the remainder of the term unless a special session was called. Requiring separate elections for the vacancy and the upcoming term would be an unnecessary burden and expense. The court noted, “Indeed, it would be anomalous to require the Board of Elections to assume the burden and expense of simultaneously conducting a regular general election for the term commencing January first and a separate general election to fill the vacancy for the last two months of the year.”
The court rejected the argument that the terms “term,” “office,” and “vacancy” were used interchangeably, clarifying that while “vacancy” refers to the unexpired term, “office” refers to the position itself. Therefore, the provision stating that “the office shall be filled at the next general election” refers to filling the position in the usual course for the next legislative term, not a separate election for the unexpired term. This interpretation aligns with the statute’s intent to avoid unnecessary elections when a vacancy occurs late in the term.