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New York state legislative special elections, 2017

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2017 State Legislative
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In 2017, five special elections were called to fill vacant seats in the New York Legislature. All five vacancies were filled.

How vacancies are filled in New York


If there is a vacancy in the New York Legislature, a special election must be held to fill the vacant seat. A special election can be held as long as the vacancy occurred before April 1 of the last year of the former officeholder's term. If a special session is called in the state legislature after this date, a special election may be called to fill the seat.[1] The person elected to fill the vacant seat serves for the remainder of the unexpired term.[2]

DocumentIcon.jpg See sources: New York Public Officers Law § 42


About the legislature

The New York Legislature is the state legislature of New York. It is a bicameral legislature, consisting of the lower New York State Assembly and the upper New York State Senate. The boxes below show the partisan composition of both chambers directly before and after the November 2016 elections. For the most up-to-date numbers on partisan composition in this legislature, see here (Senate) and here (Assembly).

New York State Senate
Party As of November 7, 2016 After November 8, 2016
     Democratic Party 31 32
     Republican Party 31 31
     Vacant 1 0
Total 63 63
New York State Assembly
Party As of November 7, 2016 After November 8, 2016
     Democratic Party 105[3] 107[4]
     Republican Party 42 43
     Vacancy 3 0
Total 150 150

Special elections

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May 23, 2017

November 7, 2017

Special elections throughout the country

See also: State legislative special elections, 2017

Between 2011 and 2016, an average of 70 special elections took place each year. A total of 25 states use special elections to fill legislative vacancies. In two other states—Illinois and Indiana—special elections are used in limited circumstances. The rest of the states fill vacancies either through appointments made by the governor of the state or by a commission made up of officials from the former member's party. In 2017, 98 state legislative seats were filled through special elections.

Breakdown of 2017 special elections

In 2017, special elections for state legislative positions were held for a variety of reasons:

  • 46 due to appointment, election, or the seeking of election to another position
  • 1 due to an ineligible general election candidate
  • 15 due to the incumbent accepting another job
  • 22 due to a retirement
  • 15 due to a death

The partisan breakdown for the special elections was as follows:

Impact of special elections on partisan composition

The table below details how many seats changed parties as the result of a special election. The number on the left reflects how many vacant seats were originally held by each party, while the number on the right shows how many vacant seats each party won in the special elections. It is not typical to see significant net changes in overall state legislative party composition because of special elections. In elections between 2011 and 2016, one party (either Republicans or Democrats) saw an average net gain of three seats across the country, although actual races won and lost by each party varied more. For instance, in 2015, Democrats lost nine seats to Republicans but won six different seats in other races, resulting in a net loss of three seats.

Note: This table reflects information for elections that were held and not total vacant seats.

Partisan Change from Special Elections
Party As of Special Election After Special Election
     Democratic Party 45 56
     Republican Party 53 42
     Independent - -
Total 98 98

Flipped seats

In total, 17 state legislative seats flipped party control in 2017. Democrats flipped 14 seats and Republicans flipped three seats as a result of special state legislative elections in 2017.

Seats flipped from D to R

Seats flipped from R to D

See also


Footnotes

  1. FindLaw, "New York Consolidated Laws, Public Officers Law - PBO § 42. Filling vacancies in elective offices," accessed February 11, 2021 (Statute § 42 (4))
  2. FindLaw, "New York Consolidated Laws, Public Officers Law - PBO § 38. Terms of officers chosen to fill vacancies," accessed February 11, 2021 (Statute § 38)
  3. Independence member caucuses with Democrats and was included in the count.
  4. Independence member caucuses with Democrats and was included in the count.
  5. 5.0 5.1 New York Daily News, "Gov. Cuomo to call for Senate, Assembly special elections in May," February 28, 2017
  6. Board of Elections in the City of New York, "Special Election 30 State Senate - 05/23/2017," accessed April 17, 2017
  7. NY Board of Elections, "May 23rd, 2017, Special Election Results," accessed May 23, 2017
  8. Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," accessed May 24, 2017
  9. NY Board of Elections, "May 23rd, 2017, Special Election Results," accessed May 23, 2017
  10. Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," accessed May 23, 2016
  11. New York State Board of Elections, "WHO FILED REPORT," March 31, 2017
  12. New York Board of Elections, "NYS Board of Elections Special Election for Member of Assembly: May 23, 2017," accessed August 21, 2017
  13. DNA info, "State Sen. Daniel Squadron Resigning to Focus on National Politics," August 9, 2017
  14. NYC Board of Elections, "General Contest List for November 7, 2017," accessed October 24, 2017
  15. DNA Info, "Queens Assemblyman Michael Simanowitz Dies at 45," September 4, 2017
  16. NYC Board of Elections, "General Contest List for November 7, 2017," accessed October 24, 2017
  17. NY Daily News, "N.Y. Assembly powerhouse Herman (Denny) Farrell set to retire after 42 years," accessed August 16, 2017
  18. NYC Board of Elections, "General Contest List for November 7, 2017," accessed October 24, 2017