Thanks to an Article in the New York Law Journal by Jerry H. Goldfeder and Myrna Pérez for this post.

New York Moved to combine Federal & State/Local Primary Elections to June, a Change that has been Advocated by the New York City Bar Association and others for many years.

State and Local Primaries right after Labor Day, when School is Starting and many Voters are Celebrating Religious Holidays, interfered with Turnout. It is hoped that a June Primary will Reverse that trend.

Unfortunately, when enacting a June Primary, the Legislature did not take into account how it would impact other Election Laws, and created a Bizarre and Confusing Election Calendar in 2019.

Consider the upcoming Special Election for New York City’s Public Advocate, a Position that became Vacant upon Incumbent Letitia James being sworn in as the Sstate’s Attorney General.

The Special Election is on Feb. 26th, 2019. This date was chosen pursuant to the New York City Charter that requires a Special Election to be held 45 days after the Mayor’s Proclamation of a Vacancy.

There are No Primaries for Special Elections, All Registered Voters can Vote. The Winner will serve through Dec. 31th, 2019.

The Charter also requires that the Remainder of the Public Advocate’s Term, from Jan. 1st, 2020 through Dec. 31, 2021, must be filled at the General Election this November.

Because of the New Law, Primaries for the General Election Ballot are now slated for June 25th. And to run in the June Primary, a Candidate must Circulate Petitions to appear on the Ballot and the First Day to Petition is February 26th, the very same day of the Special Election.



Candidates in Ballot Order:

Melissa Mark-Viverito - Former City Council Speaker

Michael A. Blake - State Assembly Member for 79th District (Bronx) and Vice Chairman of the Democratic National Committee

Dawn L. Smalls - Attorney, Served as part of the Team at the Obama's Department of Health and Human Services. For the last 3.5 years, Served as a Commissioner on the Joint Committee on Public Ethics.

Erica A. Ulrich - City Council Member for 32nd District (Queens)

Ydanis Rodriguez - City Council Member for 10th District (Manhattan)

Daniel J. O'Donnell - State Assembly Member for 69th District (Manhattan)

A. Manny Alicandro - Attorney

Benjamin L. Yee - Teacher

Ron Kim - State Assembly Member for 40th District (Queens)

Jumaane D. Williams - City Council Member for 45th District (Brooklyn)

Latrice M. Walker - State Assembly Member for 55th District (Brooklyn). Walker withdrew from the Race in January 2019.

Rafael L. Espinal Jr. - City Council Member for 37th District (Brooklyn)

Nomiki D. Konst - Investigative Journalist, a Progressive Activist who was a Member of the Democratic National Committee’s Reform Commission.

Davis Eisenbach - History Professor

Jared Rich - Attorney

Anthony Tony Herbert - Private Consultant

Helal A. Sheikh - School Teacher and Community Advocate

Thus, on the day Voters go to the Polls to Elect a New Public Advocate for the remainder of this year, they will be Asked to Sign Petitions for Candidates for Public Advocate who will take Office on January 1st of next year.

The Election Calendar may get further Complicated if the Candidate Elected on February 26th happens to be one of the Four City Council Members running for the Post. In this Scenario, there will be a Vacancy in his Council Seat—Requiring yet another Special Election to be held sometime at the End of April. And Petitions for this Special Election will be Circulated in the beginning of March, during the same period during which Petitions are being Circulated for the June Primary for Public Advocate.

Thus, New Yorkers may be asked to Vote in February, April, June, and November. Moreover, if No Candidate for Public Advocate Wins the June Primary with at least 40% of the vote, there will be a Run-Off Election at the End of July. There are No Run-Offs in Special Elections.

It is entirely Unclear why the Legislature did Not take all of this into Consideration when enacting Recent Election Reforms.










NYC Wins When Everyone Can Vote! Michael H. Drucker