PUBLIC OFFICERS LAW
Laws 1909, Chap. 51.
AN ACT in relation to public officers, constituting chapter forty-
seven of the consolidated laws.
Became a law February 17, 1909, with the approval of the
Governor. Passed, three-fifths being present.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
CHAPTER 47 OF THE CONSOLIDATED LAWS
PUBLIC OFFICERS LAW
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ARTICLE 3
Creation and Filling of Vacancies
Section 30. Creation of vacancies.
31. Resignations.
32. Removals by senate.
33. Removals by governor.
33a. Removal of heads of departments.
34. Proceedings for removal by governor.
35. Removals from office.
35a. Removal for treasonable or seditious
acts or utterances.
36. Removal of town, village, improvement
district or fire district officer by court.
37. Notice of existence of vacancy.
38. Terms of officers chosen to fill vacancies.
39. Filling vacancies in office of officer
appointed by governor and senate.
40. Vacancy occurring in office of legislative
appointee, during legislative recess.
41. Vacancies filled by legislature.
42. Filling vacancies in elective offices.
43. Filling other vacancies.
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Section 30. Creation of vacancies.
1. Every office shall be vacant upon the happening of one of
the following events before the expiration of the term
thereof:
a. The death of the incumbent;
b. His resignation;
c. His removal from office;
d. His ceasing to be an inhabitant of the state, or if he
be a local officer, of the political subdivision, or
municipal corporation of which he is required to be a
resident when chosen;
e. His conviction of a felony, or a crime involving a
violation of his oath of office, provided, however,
that a non-elected official may apply for reinstatement
to the appointing authority upon reversal or the
vacating of such conviction where the conviction is the
sole basis for the vacancy. After receipt of such
application, the appointing authority shall afford such
applicant a hearing to determine whether reinstatement
is warranted. The record of the hearing shall include
the final judgment of the court which reversed or
vacated such conviction and may also include the entire
employment history of the applicant and any other
submissions which may form the basis of the grant or
denial of reinstatement notwithstanding the reversal or
vacating of such conviction. Notwithstanding any law to
the contrary, after review of such record, the
appointing authority may, in its discretion, reappoint
such non-elected official to his former office, or a
similar office if his former office is no longer
available. In the event of such reinstatement, the
appointing authority may, in its discretion, award
salary or compensation in full or in part for the
period from the date such office became vacant to the
date of reinstatement or any part thereof;
f. The entry of a judgment or order of a court of
competent jurisdiction declaring him to be incompetent;
g. The judgment of a court, declaring void his election or
appointment, or that his office is forfeited or vacant;
h. His refusal or neglect to file his official oath or
undertaking, if one is required, before or within
thirty days after the commencement of the term of
office for which he is chosen, if an elective office,
or if an appointive office, within thirty days after
notice of his appointment, or within thirty days after
the commencement of such term; or to file a renewal
undertaking within the time required by law, or if no
time be so specified, within thirty days after notice
to him in pursuance of law, that such renewal
undertaking is required. The neglect or failure of any
state or local officer to execute and file his oath of
office and official undertaking within the time limited
therefor by law, shall not create a vacancy in the
office if such officer was on active duty in the armed
forces of the United States and absent from the county
of his residence at the time of his election or
appointment, and shall take his oath of office and
execute his official undertaking within thirty days
after receipt of notice of his election or appointment,
and provided such oath of office and official
undertaking be filed within ninety days following the
date it has been taken and subscribed, any inconsistent
provision of law, general, special, or local to the
contrary, notwithstanding.
2. When a new or an additional office shall be created, such
office shall for the purposes of an appointment or election,
be vacant from the date of its creation, until it shall be
filled by election or appointment.
3. When any member of a board, commission, committee or
authority, holding office by appointment of the governor,
fails to attend three consecutive regular meetings of such
board, commission, committee or authority, unless such
absence is for good cause and is excused by the chairman or
other presiding officer thereof, or, in the case of such
chairman or other presiding officer, by the governor, the
office may be deemed vacant for purposes of the nomination
and appointment of a successor.
4. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution,
rule or regulation, creating a vacancy in a local office of
a political subdivision or municipal corporation if the
incumbent thereof ceases to be a resident of such political
subdivision or municipal corporation, shall apply in the
case of a person who is a member of the police force of any
political subdivision or municipal corporation of the state
and who while a member of such force resides (a) in the
county in which such political subdivision or municipal
corporation is located; or (b) in a county within the state
contiguous to the county in which such political subdivision
or municipal corporation is located; or (c) in a county
within the state contiguous to such political subdivision or
municipal corporation; or (d) in a county within the state
contiguous to a county described in item (c) hereof where
the former is less than fifteen miles from such political
subdivision or municipal corporation, measured from their
respective nearest boundary lines; or (e) in a county within
the state contiguous to a county described in item (d)
hereof where the former is less than thirty miles from such
political subdivision or municipal corporation, measured
from their respective nearest boundary lines:
(1) If such person was appointed as a member of such police
force prior to July first, nineteen hundred sixty-one,
shall reside in any such county on such date and shall
continue to reside in any such county after such date,
or
(2) If the police force of which he is a member consists of
two hundred or more full-time members or shall have
consisted of two hundred or more full-time members
when, as a member of such police force, he shall have
resided in such county and shall continue to reside in
any such county thereafter, or
(3) If the police force of which he is a member consists of
less than two hundred full-time members; provided,
however, that the local legislative body of such
political subdivision or municipal corporation having
such police force shall have power to adopt and amend
local laws, ordinances or resolutions of general
application requiring members of such police force,
other than those members covered by paragraph one or
paragraph two of this subdivision, to reside in such
political subdivision or municipal corporation, or
permitting them to reside in specified areas of such
counties or within specified distances from the
political subdivision or municipal corporation provided
such local legislative body shall determine that a
policeman may respond therefrom promptly and be
available to render active service in such political
subdivision or municipal corporation.
4-a. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution,
rule or regulation, creating a vacancy in a local office of
a political subdivision or municipal corporation if the
incumbent thereof ceases to be a resident of such political
subdivision or municipal corporation, shall apply in the
case of a member of the department of sanitation of any
municipality who resides in a county within the state
contiguous to such municipality.
4-b. Except as otherwise provided in subdivision five of this
section, neither the provisions of this section, nor of any
general, special or local law, charter, code, ordinance,
resolution, rule or regulation, creating a vacancy in a
local office of a political subdivision or municipal
corporation of the state if the incumbent thereof ceases to
be a resident of such political subdivision or municipal
corporation shall apply to the appointment or continuance in
office or position of an officer or member of a paid fire
department in any political subdivision or municipal
corporation of the state, if such person resides in the
county, or one of the counties, in which such political
subdivision or municipal corporation is located.
5. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution,
rule or regulation, creating a vacancy in a local office of
a political subdivision or municipal corporation if the
incumbent thereof ceases to be a resident of such political
subdivision or municipal corporation, shall apply in the
case of a paid member of the uniformed force of a paid fire
department, or in the case of a person employed in a
department of correction in the correction service of the
classified civil service, or in the case of officers and
inspectors employed in a department of health of a city of
over one million population who resides (a) in the county in
which said city is located; or (b) in a county within the
state contiguous to the county in which said city is
located; or (c) in a county within the state contiguous to
such city; or (d) in a county within the state which is not
more than fifteen miles from said city; or (e) in a county
within the state contiguous to a county described in item
(d) hereof where the former is less than thirty miles from
such political subdivision or municipal corporation,
measured from their respective nearest boundary lines.
5-a. Any person who resides in this state and who is currently
employed as a member of the police force, a paid member of
the uniformed force of a paid fire department, or department
of corrections in the correctional service classification of
the classified civil service, of a city of over one million
population, shall be exempt from the provisions of paragraph
(d) of subdivision one and subdivisions four and five of
this section upon compliance with the procedure set forth in
this subdivision. Any person seeking to benefit from the
exemption created by this subdivision shall notify his
respective employer in writing of said intention within
thirty days from the effective date of this subdivision and
shall specify his then current residence address. The
exemption created by this subdivision shall be applicable
only to said actual designated residence and not to any
residence that any subject currently employed member may
thereafter establish; provided, however, that any such
currently employed member who resides outside this state
shall have one year from the effective date of this
subdivision within which to establish residence as required
pursuant to paragraph (d) of subdivision one, and
subdivisions four and five of this section and comply with
the notice requirements of this subdivision. Said residence
shall constitute a lawful residence for all purposes
notwithstanding any provision to the contrary of any
general, special or local law, charter, code, ordinance,
resolution, rule or regulation.
6. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution,
rule or regulation, creating a vacancy in a local office of
a political subdivision or municipal corporation if the
incumbent thereof ceases to be a resident of such political
subdivision or municipal corporation, shall apply in the
case of appointed public officers in the city of Troy,
except the city manager of such city, who reside in the
county of Rensselaer.
7. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution,
rule or regulation, creating a vacancy in a local office of
a political subdivision or municipal corporation of the
state if the incumbent thereof ceases to be a resident of
such political subdivision or municipal corporation, shall
apply in the case of the city court judge in the city of
Hudson, provided that such person resides in the county in
which such city is located.
Section 31. Resignations.
1. Public officers may resign their offices as follows:
a. The governor, lieutenant-governor, comptroller and
attorney-general, to the legislature;
b. All officers appointed by the governor alone, or by him
with the consent of the senate, to the governor;
c. Senators and members of assembly, to the presiding
officers of their respective houses;
d. Judges and justices of the unified court system, to the
chief administrator of the courts;
e. Sheriffs, county clerks, district attorneys and
registers of counties, to the governor;
f. Every other county officer, to the county clerk;
g. Every town officer, to the town clerk;
h. The officer of any other municipal corporation, to the
clerk of the corporation;
i. United States senators, to the secretary of state.
j. Representatives in the House of Representatives of the
Congress of the United States, to the secretary of
state.
k. Every other appointive officer, where not otherwise
provided by law, to the body, board or officer that
appointed him, and every other elective officer, where
not otherwise provided by law, to the secretary of
state.
2. Every resignation shall be in writing addressed to the
officer or body to whom it is made. If no effective date is
specified in such resignation, it shall take effect upon
delivery to or filing with the proper officer or body. If an
effective date is specified in such resignation, it shall
take effect upon the date specified, provided however, that
in no event shall the effective date of such resignation be
more than thirty days subsequent to the date of its delivery
or filing; except that the effective date of the resignation
of a judge or justice of the unified court system may be up
to ninety days subsequent to the date on which such
resignation is delivered or filed. If a resignation
specifies an effective date that is more than thirty days
subsequent to the date of its delivery or filing, or more
than ninety days subsequent thereto where such resignation
is that of a judge or justice, such resignation shall take
effect upon the expiration of thirty days from the date of
its delivery or filing, or upon the expiration of ninety
days therefrom, as appropriate.
3. A resignation addressed to an officer shall be delivered to
him at his place of business or filed in his office.
A resignation addressed to the legislature or to the
presiding officer of either house thereof, shall be
delivered to and filed with the secretary of state, and he
shall forthwith communicate the fact of such resignation to
the legislature or to such house, if in session, or if not,
at its first meeting thereafter.
A resignation addressed to any other body shall be delivered
to the presiding officer or clerk of such body, if there be
one, and if not, to any member thereof, and shall be filed
with the clerk, or if there be no clerk, with the other
records of such body. A delivery at the office or place of
residence or business of the person to whom any such
resignation may be delivered shall be a sufficient delivery
thereof.
4. A resignation delivered or filed pursuant to this section,
whether effective immediately or at a specified future date,
may not be withdrawn, cancelled, or amended except by
consent of the officer to whom it is delivered or body with
which it is filed.
5. If a resignation from an elective office is received
pursuant to the provisions of this section, the official who
receives such resignation shall immediately notify the state
board of elections of the fact of such resignation and the
effective date, if any, set forth in such resignation.
Sec. 32. Removals by senate.
The governor before making a recommendation to the senate for the
removal of any officer may in his discretion take proofs, for the
purpose of determining whether such recommendation shall be made.
The comptroller or attorney-general may be removed by the senate,
on the recommendation of the governor, for misconduct or
malversation in office, if two-thirds of all the members elected
to the senate shall concur therein. No such removal shall be made
unless the person who is sought to be removed shall have been
served with a copy of the charges against him and have an
opportunity of being heard. On the question of removal, the yeas
and nays shall be entered on the journal. The governor may
convene the senate in extra session for the investigation of such
charges. The senate shall have power to make such rules as it may
see fit for the practice before it. At the time appointed for the
investigation, the senate shall proceed to hear and try the
charges against such officer, and may take proofs in relation
thereto.
The governor may appoint any suitable person to conduct the trial
of such charges before the senate.
An officer appointed by the governor by and with the advice and
consent of the senate, except an officer who is or any or either
of the officers who are the head of a department, and except as
otherwise provided by special provision of law may be removed by
the senate upon the recommendation of the governor.
If the senate shall reject a recommendation of removal the
secretary of the senate shall, by a writing signed by him and by
the president of the senate, communicate the fact of such
rejection to the governor. If the senate shall concur in such a
recommendation the removal shall take effect upon the passage of
the resolution of concurrence, and duplicate copies of such
resolution, certified by the secretary and president of the
senate, shall be executed and delivered by such secretary to the
secretary of state.
Sec. 33. Removals by governor.
1. An officer appointed by the governor for a full term or to
fill a vacancy, whose appointment is not required by law to
be made by and with the advice and consent of the senate,
any county treasurer, any county superintendent of the poor,
any register of a county or any coroner, except as otherwise
provided by special provisions of law, may be removed by the
governor within the term for which such officer shall have
been chosen, after giving to such officer a copy of the
charges against him and an opportunity to be heard in his
defense.
2. The chief executive officer of every city and the chief or
commissioner of police, commissioner or director of public
safety or other chief executive officer of the police force
by whatever title he may be designated, of every city may be
removed by the governor after giving to such officer a copy
of the charges against him and an opportunity to be heard in
his defense. The power of removal provided for in this
subdivision shall be deemed to be in addition to the power
of removal provided for in any other law. The provisions of
this subdivision shall apply notwithstanding any
inconsistent provisions of any general, special or local
law, ordinance or city charter.
Sec. 33-a. Removal of heads of departments.
Any officer who is, or any or either of the officers who are, the
head of a department, if appointed by the governor by and with
the advice and consent of the senate, may be removed from office
by the governor whenever in his judgment the public interest
shall so require. In case of such a removal the governor shall
file with the department of state a statement of the cause of
such removal and shall report such removal and the cause thereof
to the legislature at its next session.
Sec. 34. Proceedings for removal by governor.
1. In any proceeding for the removal by the governor of a
public officer, he may conduct an investigation into the
charges, and may take the evidence as to the truth of the
charges at a hearing for such purpose, or he may direct that
such investigation or hearing, or both, shall be conducted
by a justice of the supreme court of the judicial district,
or the county judge of the county, in which the officer
proceeded against shall reside, or by a commissioner
appointed by the governor, by an appointment, in writing,
filed in the office of the secretary of state.
2. The governor may direct the attorney-general or the district
attorney of the county in which the officer proceeded
against resides, to assist the governor, or the person
designated by the governor under the first subdivision of
this section, in the conduct of the investigation into the
charges, and of the hearing into the truth of the charges.
If the hearing provided for in this section shall be
conducted by a justice, judge or commissioner, it shall be
held at such place in the county in which the officer
proceeded against shall reside as the justice, judge or
commissioner shall appoint, and at least eight days after
written notice of the time and place of such hearing shall
have been given to the officer proceeded against.
3. The governor may direct the justice, judge or commissioner
to report to him the evidence taken at such hearing, or the
evidence and the findings of the material facts deemed by
such justice, judge or commissioner to be established. Both
in the investigation of the charges and at the hearing into
the truth of the charges, the governor or the person
designated by him under the first subdivision of this
section may require witnesses to attend before him, and may
also require the production of any books, papers, or other
documents, deemed by him to be material, and shall issue
subpoenas for such witnesses for appearance at the hearing
as may be requested by the officer proceeded against.
4. At the hearing provided for in this section, the officer
proceeded against and his counsel shall be permitted to
attend, but such officer or his counsel shall have no right
to be present at the investigation provided for unless the
governor or the person designated by him to conduct such
investigation so directs. No evidence taken in such
investigation shall form the basis of any report to the
governor by the person designated by him under subdivision
one of this section, or the basis of any determination by
the governor, unless such evidence is presented at the
hearing provided for in this section.
5. The person designated under subdivision one of this section,
or the governor, where no person is so designated, is
authorized to employ counsel in any case where the attorney-
general or district attorney has not been directed to assist
the governor or his designee, as provided in subdivision two
of this section, and to employ such personnel as may be
necessary to assist him in the performance of his duties
under this section.
6. If the proceeding be for removal of a state officer, the
reasonable expenses incurred in the conduct thereof,
including the compensation of authorized counsel and of
necessary assistants, in the taking and printing of the
testimony, shall be paid by the state, on the certificate of
the governor, out of moneys appropriated or available
therefor.
7. If the proceeding be for the removal of a county or city
officer, the reasonable expenses incurred in the conduct
thereof shall be a county or city charge, as the case may
be. The board of supervisors of the county, or the board of
estimate and apportionment or other board or body of the
city vested with the power to make appropriations, on the
requisition of the governor, from time to time, shall
forthwith appropriate such sum as shall be needed to pay
such expenses; and after such appropriation shall have been
duly made, the fiscal officer of the county or city, as the
case may be, shall pay such expenses, upon vouchers approved
by the governor, after audit, in the same manner and by the
same authority as other county or city charges are audited
and paid.
8. A person designated by the governor to conduct an
investigation or hearing, or both, under this section, who
is not regularly employed by the state or by a county or
city, shall be paid a reasonable compensation for his
services, to be fixed by the governor, and paid in the same
manner as other expenses for the removal of a state officer,
or a county or city officer, as the case may be, as provided
in this section.
9. All sheriffs, coroners, constables and marshals to whom
process shall be directed and delivered under this section
shall execute the same without unnecessary delay.
Sec. 35. Removals from office.
Every removal of an officer by one or more state officers, shall
be in written duplicate orders, signed by the officer, or by all
or a majority of the officers, making the removal, or if made by
a body or board of state officers may be evidenced by duplicate
certified copies of the resolution or order of removal, signed
either by all or by a majority of the officers making the
removal, or by the president and clerk of such body or board.
Both such duplicate orders or certified copies shall be delivered
to the secretary of state, who shall record in his office one of
such duplicates, and shall, if the officer removed is a state
officer, deliver the other to such officer by messenger, if
required by the governor, and otherwise by mail or as the
secretary of state shall deem advisable, and shall, if directed
by the governor, cause a copy thereof to be published in the
state paper. If the officer removed be a local officer, he shall
send the other of such duplicates to the county clerk of the
county in which the officer removed shall have resided at the
time he was chosen to the office, and such clerk shall file the
same in his office, and forthwith notify the officer removed of
his removal.
Sec. 35-a. Removal for treasonable or seditious acts or
utterances.
A person holding any public office shall be removable therefrom,
in the manner provided by law, for the utterance of any
treasonable or seditious word or words or the doing of any
treasonable or seditious act or acts during his term.
Sec. 36. Removal of town, village, improvement district or fire
district officer by court.
Any town, village, improvement district or fire district officer,
except a justice of the peace, may be removed from office by the
supreme court for any misconduct, maladministration, malfeasance
or malversation in office. An application for such removal may be
made by any citizen resident of such town, village, improvement
district or fire district or by the district attorney of the
county in which such town, village or district is located, and
shall be made to the appellate division of the supreme court held
within the judicial department embracing such town, village,
improvement district or fire district. Such application shall be
made upon notice to such officer of not less than eight days, and
a copy of the charges upon which the application will be made
must be served with such notice.
Sec. 37. Notice of existence of vacancy.
When a judgment shall be rendered by any court convicting an
officer of a felony, or of a crime involving a violation of his
oath of office, or declaring the election or appointment of any
officer to be void, or that the office of any officer has been
forfeited or become vacant, the clerk of such court shall give
notice thereof to the governor, stating the cause of such
conviction or judgment.
Whenever a public officer shall die before the expiration of his
term of office, or shall cease to be a resident of the political
subdivision of the state or a municipal corporation in which he
is required to be a resident as a condition of continuing in the
office, the county clerk of the county in which such officer
shall have resided immediately prior to such death or removal,
shall immediately give notice of such death or removal to the
governor. If the governor is not authorized to fill any vacancy
of which he shall have notice, he shall forthwith give notice of
the existence of such vacancy to the officer or officers, or to
the body or board of officers authorized to fill the vacancy, or
if such vacancy may be filled by an election, to the officers
authorized to give notice of such election.
Sec. 38. Terms of officers chosen to fill vacancies.
If an appointment of a person to fill a vacancy in an appointive
office be made by the officer, or by the officers, body or board
of officers, authorized to make appointment to the office for the
full term, the person so appointed to such vacancy shall hold
office for the balance of the unexpired term. The term of office
of an officer appointed to fill a vacancy in an elective office,
shall be until the commencement of the political year next
succeeding the first annual election after the happening of the
vacancy, if the office be made elective by the constitution, or
at which the vacancy can be filled by election, if the office be
otherwise made elective.
Sec. 39. Filling vacancies in office of officer appointed by
governor and senate.
A vacancy which shall occur during the session of the senate, in
the office of an officer appointed by the governor by and with
the advice and consent of the senate, shall be filled in the same
manner as an original appointment. Such a vacancy occurring or
existing while the senate is not in session, including offices in
which officers are holding over pursuant to the provisions of
section five of this chapter or any other law, and offices vacant
during the session of the senate, shall be filled by the governor
for a term which shall expire upon the appointment and
qualification of a successor but in any event such term shall
expire at the end of twenty days from the commencement of the
next meeting of the senate.
Sec. 40. Vacancy occurring in office of legislative appointee,
during legislative recess.
When a vacancy shall occur or exist, otherwise than by expiration
of term, during the recess of the legislature, in the office of
any officer appointed by the legislature, the governor shall
appoint a person to fill the vacancy for a term which shall
expire at the end of twenty days from the commencement of the
next meeting of the legislature.
Sec. 41. Vacancies filled by legislature.
When a vacancy occurs or exists, other than by removal, in the
office of comptroller or attorney-general, or a resignation of
either such officer to take effect at any future day shall have
been made while the legislature is in session, the two houses
thereof, by joint ballot, shall appoint a person to fill such
actual or prospective vacancy.
Sec. 42. Filling vacancies in elective offices.
1. A vacancy occurring before September twentieth of 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 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 may in his discretion make
proclamation of a special election to fill such office,
specifying the district or county in which the election is
to be held, and the day thereof, which shall be not less
than thirty nor more than forty days from the date of the
proclamation.
4. 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
September nineteenth of such year; nor 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
September nineteenth in such year. 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, in his discretion, make proclamation of a
special election to fill the vacancy.
Sec. 43. Filling other vacancies.
If a vacancy shall occur, otherwise than by expiration of term,
with no provision of law for filling the same, if the office be
elective, the governor shall appoint a person to execute the
duties thereof until the vacancy shall be filled by an election.
But if the term of such officer shall expire with the calendar
year in which the appointment shall be made, or if the office be
appointive, the appointee shall hold for the residue of the term.
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