Several Democratic lawmakers said Monday they paused introducing a bill to change the state's mandated timeline to set a special election and continue to work on the proposal amid mounting pushback.
Top Democrats held private discussions Friday to give the governor more time to set a special election and delay an anticipated special election in the 21st Congressional District.
"It's developing," Assembly Election Law Committee chair Latrice Walker told Spectrum News 1 on Monday.
The assemblywoman would not give a timeline when the measure will be introduced.
"We're still working on it," she said.
Current law requires the governor to schedule a special election within 90 days of a declared vacancy. Within days, U.S. Rep. Elise Stefanik could vacate her 21st Congressional seat after her expected confirmation as the next U.S. ambassador to the United Nations.
Likewise, Assemblywoman Michaelle Solages, who chairs the state Black, Puerto Rican, Hispanic & Asian Legislative Caucus, said the legislation was "on pause." Senate Elections Committee chair Senator Kristen Gonzalez declined to comment.
New York Republican leaders say they'll sue if Democrats change state election law, which would delay the expected 21st District race to the summer and leave New Yorkers in the district without a representative for months.
Keeping the 21st Congressional District vacant would benefit Democrats in making the already slim two-seat GOP U.S. House majority even thinner.
"Anything that involves Congress could very likely end up in federal court, so let's just keep that clear," state Conservative Party chair Jerry Kassar said Monday at the party's annual conference in Albany. "And we're willing to litigate no matter what."
But threats are hypothetical until the proposal becomes law, or Stefanik's official departure creates a vacancy in the North Country Republican stronghold.
Gov. Kathy Hochul said she'll consider the Legislature's proposal to allow more time to set a special election in the state, arguing consolidating special races with regular primaries would save localities money and increase voter turnout.
"I'll tell you what a very short time frame does: It favors people who are already elected officials versus a citizen who wants to run because there's a lot involved in this," the governor told reporters. "So you’re actually denying more opportunities for people to run who don’t already hold elected office."
The governor later added: "You [can] count on one thing, is that Republicans will scream loudly if there's ever an effort to bring voter access to more people. They just don't like it."
U.S. Rep. Mike Lawler, who is considering a run against Hochul next year, blasted the governor for considering the election law change at the party's annual conference in Albany on Monday. He called on President Donald Trump to conduct a RICO investigation into Hochul and state leaders to uncover criminal activity.
"This is as corrupt a state as we have seen," Lawler told reporters. "Every election law change they have made is not designed to support the people, it's not designed to increase voter participation ... it is designed entirely to silence the voice of the minority, period."
Assemblyman Chris Tague is a top contender to be the Republican nominee if there's a special election in the 21st seat. He accompanied Stefanik over the weekend on the congresswoman's thank-you tour around the district.
"Republicans, Democrats, independent voters, people all across this state that have said 'Enough is enough,' " Tague said. "They don't care about the political party, they want leaders that lead, they want people that are going to do things and they want people that care about their best interest."
Good-government groups support election policy changes, like consolidating voting days, but stand against a change in the middle of the election process — especially during budget season.
"Special elections in New York don't give voters a real choice," according to a statement from Reinvent Albany. "The Democratic and Republican parties pick the candidates and voters choose between them. A much more democratic approach is to have candidates petition to get on the special election ballot and hold a nonpartisan election with ranked choice voting. This works in New York City. Competitive elections and real choices increase turnout far more than changes in the election timeline."
Voter turnout has declined in the state to its lowest levels since 2004, according to NYPIRG.
NYPIRG senior policy advisor Blair Horner noted recent state election reforms, like putting polling places on college campuses, have had little impact.
"On the one hand, you want to maximize the turnout the best you can, but on the other, you can't leave people disenfranchised," he said.
Horner said voters should be able to choose special election candidates in a primary instead of between two people selected by the heads of the state's major political parties.
"Maybe that's the problem; maybe they really don't want new voters to participate," he added with a laugh.
State lawmakers will likely discuss state election law Tuesday at the Legislature's joint budget hearing on general and local government spending.