New York Democrats could keep a Republican congressional seat vacant

• New York Democrats may alter the state’s special election schedule. A delay would keep a Republican congressional seat vacant.

• Rep. Elise Stefanik, R-N.Y., is leaving to become U.N. ambassador, which will leave House Republicans with a 217-215 majority.

• If Stefanik resigns this week, New York law says the election to replace her should be in early May, Democrats could try to wait until the end of June.

New York Democrats are considering altering the schedule for special elections in the state to keep a Republican congressional seat vacant. Lawmakers could introduce a bill as soon as the week of Feb. 2 and use their supermajorities in the state Senate and Assembly to quickly send it to Gov. Kathy Hochul, D. 

New York law sets a clear timeline for a special congressional election. It must take place within 80 days of a resignation. 

Rep. Elise Stefanik is in the final step of her Senate confirmation to be the United Nations ambassador. Once she leaves, the Republican majority in the House of Representatives will be 217-215. That means the GOP won’t be able to lose a single vote to pass legislation on their own because a tie fails.

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Stefanik won reelection in November with 62% of the vote and her conservative district in the state’s northeast corner is sure to stay in Republican hands. If she is confirmed and resigns this week, New York would have to hold a special election to replace her by May 1. 

New York Democrats are considering multiple options. They could try to delay the special election until June 24 when the state is holding a primary. They could argue it will save money and resources. It would also be in line with state law that says if a vacancy occurs within three months of a general election, they do not hold a special election. 

The governor’s office told the Capitol Press Room in a statement, “Governor Hochul believes it’s critical to increase voter turnout and reduce the cost of election administration and she would support legislation that achieves that goal.”

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Republicans are already down two members due to the resignations of Reps. Mike Waltz and Matt Gaetz, who are both from Florida. The special election to replace them is April 1 and the seats will likely remain in Republican hands. While that will give Republicans a cushion, they’ll still want Stefanik’s position filled as soon as possible.