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Originally Published: February 25, 2008

On eve of State Senate Special Election, CU recommends special party primaries

Good Government Group also offers reforms on filling vacancies for State Comptroller and Attorney General, and Instant run-off voting and changes to residency requirements for City Council.

On the eve of a special election for a vacant state senate district in northern New York State, Citizens Union released its position statement on how such vacant seats should be filled. A copy of the full issue brief and statement are available here. Believing that voters should have a greater choice, Citizens Union proposes one of two reforms:

  • either a party primary held thirty days in advance of the special election, so that party voters select the nominee not a small insular party committee,
  • or a non-partisan special election open to all qualifying candidates, similar to the current process for filling vacancies in the New York City Council.

Driving this recommendation was the discovery last year in a report published by Citizens Union Foundation, entitled “Circumventing Democracy: The Flawed System for Filling Vacancies for Elected Office in New York“, that one-third of all currently serving state legislators was first elected to either his or her Assembly or Senate seat in a special election when voter turnout was extremely low. Compounding this fact is the realization that once elected, state legislators are practically assured a lifetime position since the re-election rate for incumbent legislators in New York is over 95%.

Citizens Union also recommends changes to the way in which vacancies are filled for the offices of state Comptroller and Attorney General, and the New York City Council. A clearer requirement on residency for New York City Council candidates is also being announced today at a public hearing on the matter before the Council’s Government Operations Committee.

Spurred by the nature of the controversy that surrounded the selection of a successor to then recently elected state Comptroller Alan Hevesi who resigned the day he took office for a second term, Citizens Union recommends that the legislature make only an interim appointment for a vacancy in either the Comptroller or Attorney General office with a special election being held at the time of next November general election to elect someone who would serve out the remainder of the term.

Citizens Union also believes that the City should introduce instant runoff voting (IRV) for city special elections to ensure that no winning candidate is elected with less than 50% of the votes cast. Spurred by the do-over city council election in district 40 last winter, CU has taken a position that does not support the proposal to require a one year residency requirement on candidates for city office, but rather proposes that it be clear that the successful candidate sign an affidavit affirming permanent residency within the district on the day of assuming office. However, when filing papers as a candidate for office, a candidate who lives outside the district must indicate his or her current address, not an intended residency at a future address.

Dick Dadey, executive director of Citizens Union, said, “These proposals are intended to give voters a greater say in who is elected to office to represent them. The current process for filling vacancies, particularly at the state level, disenfranchises many voters and leads to the selection of elected officials who quickly accrue the benefits of incumbency before voters have a meaningful opportunity to vote.”

There are a number of reform bills in the state legislature addressing the issue of vacancies and special elections. Most notable is one from Assemblymember Linda B. Rosenthal representing the westside of Manhattan. “Citizens Union and I agree: democracy is best served when everyday citizens have the opportunity to participate fully in all stages of the election process–from nominating the candidates to electing them to office,” said Assemblymember Rosenthal. “That is why I’m carrying legislation in the Assembly (A. 7258), which would fundamentally change the way vacancies in the state legislature are filled. My bill establishes a primary to replace the archaic, party insider nominating process, and allows for greater ballot access for potential candidates.”

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