Official Summary
(Issued by the Charter Revision Commission)

Currently, the Charter provides that, in the event of a mayoral vacancy, the Public Advocate acts as the Mayor until a general election can be held to fill the vacancy. For the Offices of Public Advocate, Comptroller, Borough President and City Council member, the Charter generally provides for a special election without party nomination in about forty-five days after the vacancy to fill a vacancy, with nominations by independent nominating petitions, and with a subsequent party primary and general election to be held later to fill the vacancy.

This proposal would provide generally that a special election be held in about sixty days after the vacancy to fill a mayoral vacancy, similar in format to the procedure already set forth in the Charter to fill vacancies in the Offices of Public Advocate, Comptroller, Borough President and City Council member, except that in the special election for the Office of the Mayor, where no candidate receives forty percent or more of the vote, the two candidates receiving the most votes would advance to a run-off election to be held on the second Tuesday following the special election. Pending the result of the election, the Public Advocate would act as Mayor. In order to implement the proposal consistent with State law, this proposal would confer upon the Speaker of the City Council the ability to preside over meetings of the City Council, instead of the Public Advocate having that ability. The Public Advocate would remain a nonvoting member of the City Council, and have all other powers arising from that position. This proposal would take effect immediately, and would apply to vacancies in the Office of the Mayor occurring after September 20, 2002.