In New York State, different offices have different rules when vacated by death or resignation. US Congress, within 70 to 80 days; State Senate or Assembly, 40 to 50 days unless there is already a Special Election date proclaimed; in that situation, at least 30 days.
When Daniel Rosenthal resigned from State Assembly, 27 District, the September 12, 2023 Special Election had a 50-day window from the date of the Proclamation. George Santos’ US Congress, 3rd District, February 13 Special Election was scheduled with a 70-day window. However, Latoya Joyner’s State Assembly, 77 District, was 32 days scheduled to coincide with the February 13 Special Election even though both districts do not overlap. Moreover, the Proclamation was stamped January 12, but the announcement was not posted until January 18, 2024, cutting out 6 days for any third party candidates to file a challenge.
The law and practice have to be changed to be fair to candidates and the public. (1) If the districts do not overlap, the 30-day rule should not apply; (2) State Assembly and Senate and US Congress should have the same schedule and rules. (PBO Chapter 47 Section 42(3)(a) and (b))