Reply #5: It's up to Governor Cuomo to make the decision. [View All]

http://www.huffingtonpost.com/2011/06/16/cuomo-faces-strategic-chi_n_878153.html

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But the timing of Weiner's resignation presents some strategic choices for Democratic Gov. Andrew Cuomo.

Under a just-passed New York law, a special election can take place no less than 70 days and no more than 80 days after called for by the governor. Should Cuomo choose that path and announce a special election immediately after Weiner submits his resignation (likely this week), it would mean that a vote to fill the seat would take place either in the dead-days of late August or right around Labor Day weekend. Turnout, in short, would be abysmal.

An alternative would be to let the process take its course.

According to John Conklin, a spokesman for New York State's Board of Elections, Cuomo could simply leave Weiner's seat vacant. If he did that, the vote for a replacement would take place on the general election ballot this fall -- a date more likely to encourage wider voter participation.

If that happens, however, prospective candidates would have to make a mad dash to get on the ballot. "People should be out passing petitions in his district today or tomorrow," said Conklin, "because the petition process closes on July 14." Candidates from one of the six parties in the state --Democratic, Republican, Conservative, Working Families, Independence and Green -- would then have to collect 1,250 signatures to qualify. Those attempting to run as an independent or third party candidate, would need 3,000. A primary would be held in September for that election on the first Tuesday in November.

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