ALBANY, N.Y. (NEXSTAR) — New York State sets timelines and rules for holding special elections to fill vacancies in public offices. The governor can call a special election within specific time frames, unless the elected office becomes vacant more than three months before a general election.
Special elections get skipped if seats go empty near the end of a term, when New Yorkers can just vote in an upcoming general. But Republican Congressmember Elise Stefanik—named by President-elect Donald Trump as his first cabinet pick when he resumes office in January 2025—just successfully defended her seat in the 2024 general.
When a vacancy occurs in a state office, the New York State Board of Elections (NYSBOE) notifies local election boards within three days and certifies the open position for the special election. For Congressional seats, state law requires that the governor issue a proclamation calling for a special election within 10 days of a vacancy, and schedule the election between 70 and 80 days after declaring the vacancy.
To kick off this chain of events, Stefanik must officially resign her seat. Depending on the political landscape in the White House and the House of Representatives, that could happen this week, or in February.
Party nominations for special elections follow party rules, and certifications for nominees must be filed within 10 days of the governor’s proclamation setting the special election. Independent nominations are due within 12 days of a special election announcement.
The New York State Board of Elections has to publish election notices at least two weeks before each special election, listing the date, the offices on the ballot, and polling locations. The state and local boards must publicize the election in at least two local newspapers and online.
For special elections, polls are open from 6 a.m. to 9 p.m., just like in a general election. Voters in the district should be able to cast early ballots starting 10 days before the election, with that period ending two days before election day.
Democratic Assemblymember Linda Rosenthal has proposed reform to the special election nomination process every year since 2009. In the last legislative session, A1860 would have required primaries for special elections, rather than letting political parties create proprietary selection rules around the process.
Democratic Congressmember Tom Suozzi won the last special election for a congressional seat in New York after the House expelled George Santos.