News Release - Council Submits New Mayoral Vacancy Legislation

Comment on Legislation
 email:  Council@cityofrochester.gov
 Call: 585-428-7432
Rochester City Council

News Release

for Immediate Release - Aug. 18, 2011

On Tuesday, August 16th, City Council held a forum allowing for the public to come and speak on the Mayoral Vacancy Legislation. When then Mayor Robert J. Duffy announced that he would be leaving his post to become Lt. Governor, there was a great amount of public debate on the best way to fill the vacancy. There were people who wanted a Special Election and others who wanted a General Election.

Rochester City CouncilOn Aug. 18,, President Loveley A. Warren submitted a revised version of this legislation which incorporates the wishes of the community that have been heard to date. The new legislation essentially calls for a Special Election for half of the year and a General Election the other half. The course of action is date triggered based on when in the year the seat becomes vacant and if there is an opportunity to petition for the seat. This legislation offers a clear course of action, as the option will be determined by the date.

The legislation is attached and Council asks that the public provide their comments through Monday, Aug. 22  at 3 p.m. to them via email at council@cityofrochester.gov or at 585-428-7432. Again, this legislation will need to be voted on and approved by the Council, but after that the legislation will go to a referendum this November when the public will have the final say on whether this legislation will become law.

Notes on the Legislation: If the Mayor steps down, dies or vacates the seat for whatever reason between the day after the November election through when petitioning begins (this will likely be April, if the Primary Date changes to late Spring/early Summer)) then those wishing to be Mayor will go through the full process, meaning petitions, the primary, and election in November. This option happens in the months of November (after Election Day), December, January, February, March and part of April (depending on the Primary Date), this is essentially half the year.

If the Mayor steps down once petitioning has started through Election Day then a special election will occur – the same way that Mayor Thomas S. Richards was elected. This option will happen in April (likely when petitions will be), May, June, July, August, September, October and November until Election Day, again, essentially half of the year.

Similar to calling the Special Election for Mayor Richards, if it is a special, Council will have 20 days to set the date. The election needs to be held within 70-80 days from the day that Council establishes the election date. For example, if Council calls a special election on May 1, the election will need to be held between July 9-19 (this is the 70-80 day period). This is the time needed in order to comply with laws regarding overseas ballot notification.

The only two instances where the above will not hold true is if the seat is vacated at any point during the time frame after the third year general election, the Deputy Mayor would serve the rest of the term. The other scenario is if a special election could be called on a date that falls 45 days before or 42 days after the general election (in October or December) in the first three years of a term (remember the 3rd year and after scenario is stated above), then the election would be on the general election day for that year, or 35-42 days thereafter. The reason for this is the cost associated with having an election and that the machines after the election could be impounded from the election and the special election would not be able to take place because the voting machines would not be available.

In terms of who is running the City when a vacancy occurs it is always the Deputy Mayor, the only reason the Council could have to appoint someone as the Mayor is if there is no Deputy Mayor for some reason and the appointee would need to be registered in the same Party as the outgoing Mayor.


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Media Contact: Andrea Guzzetta, (585) 428-7538.