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    New York state legislative special elections, 2018

    From Ballotpedia - Reading time: 40 min


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    Eleven special elections to fill vacant seats in the New York State Legislature were held on April 24, 2018. Two elections were for state Senate seats, and nine elections were for state Assembly seats. Two Assembly seats switched party control. District 10 flipped from Republican to Democratic control, and District 142 flipped from Democratic to Republican control.

    Most media attention focused on the race between Assemblywoman Shelley Mayer (D) and former Rye City Councilwoman Julie Killian (R) to replace George Latimer (D) in Senate District 37. Mayer won the race.

    The election was originally thought to be critical in deciding whether Democrats would gain control of the New York State Senate and trifecta control of the state government in 2018. However, on April 24, state Sen. Simcha Felder (D) announced he would continue caucusing with the Senate Republicans regardless of the race's outcome, leaving them with a 32-31 effective majority.[1]

    Prior to Felder's announcement, Democrats were looking to win a 32-31 majority by winning both the District 37 and the more safely-Democratic District 32 special elections and convincing Felder to end his alliance with Republicans. An alliance between the Independent Democratic Conference (IDC), Felder, and the Senate Republicans had kept the GOP in control of the state Senate since 2013, despite Democrats often having a numerical majority. The Senate's mainline Democrats and the eight-member IDC agreed to reunify into a single Democratic caucus in April 2018.

    To learn more about the conflict between the mainline Democrats and the IDC, visit our key events section. To see how this conflict might have played out in the 2018 Democratic state legislative primaries, visit this page.

    Similar to 2017 state legislative special elections in Delaware and Washington, trifecta control of New York would have been on the line for Democrats if Felder had not committed to the Republicans.

    After Democrats gained a trifecta in Washington in November 2017, Democrats acted on a number of their priorities in the 2018 legislative session, including firearms policy, capital punishment, and net neutrality.

    New York Democrats' ability to influence policy in 2018 would have likely been limited, however. The state budget passed in late March and a slim Democratic Senate majority that included Felder, a conservative Democrat, might not have been able to pass the party's preferred legislation on issues like abortion, college tuition, and immigration.[2]

    Senate special elections:

    Assembly special elections:

    How vacancies are filled in New York[edit]

    See also: How vacancies are filled in state legislatures


    If there is a vacancy in the New York Legislature, a special election must be held to fill the vacant seat. A special election can be held as long as the vacancy occurred before April 1. If a special session is called in the state legislature after April 1, a special election may be called to fill the seat.[3] The person elected to fill the vacant seat serves for the remainder of the unexpired term.[4]

    DocumentIcon.jpg See sources: New York Public Officers Law § 42


    About the legislature[edit]

    The New York State Legislature is New York's state legislature. It consists of the lower state Assembly and the upper state Senate. The boxes below show the partisan composition of both chambers directly before and after the November 2016 general election. For the most up-to-date numbers on partisan composition in this legislature, see here (Senate) and here (House).

    New York State Senate
    Party As of November 7, 2016 After November 8, 2016
         Democratic Party 31 32
         Republican Party 31 31
         Vacant 1 0
    Total 63 63
    New York State Assembly
    Party As of November 7, 2016 After November 8, 2016
         Democratic Party 105[5] 107[6]
         Republican Party 42 43
         Vacancy 3 0
    Total 150 150

    Special elections[edit]


    Click [show] to the right of the district name for more information:

    April 24, 2018[edit]

    Senate District 37 special election[edit]

    See also: New York State Senate District 37 special election, 2018

    General election
    Special general election for New York State Senate District 37

    Shelley Mayer defeated Julie Killian in the special general election for New York State Senate District 37 on April 24, 2018.

    Candidate
    %
    Votes
    ✔

    Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/ShelleyMayer.jpg

    		Shelley Mayer (D)
     
    57.6
     
    		28,358

    Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Julie_Killian.PNG

    		Julie Killian (R)
     
    42.4
     
    		20,876
      Other/Write-in votes
     
    0.1
     
    		 28

    There were no incumbents in this race. The results have been certified. Source

    		Total votes: 49,262

    Do you want a spreadsheet of this type of data? Contact our sales team.


    Killian was selected as the Republican nominee over former Yonkers inspector general Dan Schorr at a nomination convention held on February 7. Bedford attorney Sarmad Khojasteh had been seeking the nomination, but he withdrew from consideration on February 5 and endorsed Killian, saying she was the candidate best suited to face Mayer in the special election. Killian faced Latimer in the 2016 election and lost by an 11-point margin.[12]

    Mayer was selected as the Democratic nominee by a unanimous vote at the Democratic convention on January 9, 2018. Yonkers Mayor Mike Spano had been seeking the nomination as well, but he withdrew his name before the convention was held.[13]

    What was at stake?[edit]

    Prior to state Sen.Simcha Felder's (D) election day announcement that he would continue caucusing with Senate Republicans regardless of the race's outcome, the District 37 race was set to determine whether Democrats would control of the New York State Senate and trifecta control of New York's state government in 2018.

    The Senate's mainline Democrats and the eight-member Independent Democratic Conference (IDC), who previously aligned with Senate Republicans, agreed to reunify into a single Democratic caucus on April 4, 2018. If Democrats had retained both District 37 and the more-safely Democratic District 32 in the April 24 special elections and state Sen. Simcha Felder (D) had ended his separate alliance with Senate Republicans, Democrats would have had a 32-31 majority in the chamber.

    Democrats won 32 of the Senate's 63 seats in 2016, but a power-sharing agreement between the 31 Senate Republicans, the IDC, and Felder kept the 23 mainline Democrats in the minority. Republicans took outright control of the state Senate (31-30 majority) when mainline Democrats Latimer and Diaz resigned in January 2018 to take local-level positions they were elected to in November 2017. Democrats control the state Assembly and Gov. Andrew Cuomo (D) is the governor, meaning Democrats only needed to win the state Senate to have trifecta control in New York.

    Party As of April 24
         Democratic Party 32
         Republican Party 31[14]
    Total 63

    Political analysis[edit]

    New York Times: "On Wednesday, [Gov. Cuomo] — with a primary challenge in the offing — launched a salvo in an effort to convince [Simcha Felder] that the time to come home was now, warning that his unique influence in the Capitol might not last past the November elections.

    'Let me say that the Democratic conference will not need you in November the way they need you now,' the governor wrote in a letter to Mr. Felder and distributed to the news media. 'I believe there will be additional Democrats who win and are seated for the next Legislature. You have said that you act in the best interest of your constituents. For their benefit, now is the time that matters.'

    For all that rhetoric, however, it was not clear that Mr. Cuomo, or other Democrats, had enough leverage to convince Mr. Felder that he would pay a political price, and even if so, whether they would use it any time soon. Indeed, the governor’s letter was met with a polite shrug from Mr. Felder — 'I look forward to productive conversations with the governor and respect his position,' he said on Wednesday — and little, if any, immediate follow-up...

    One group, however, was undeniably happy about Mr. Felder’s decision. Before a brief legislative session on Wednesday in Albany, John J. Flanagan, the Long Island Republican who leads the Senate, addressed his Republican colleagues, with Mr. Felder in attendance, and thanked him for staying. The Republican conference then gave Mr. Felder a round of applause."[15]

    Candidates[edit]

    Democratic Party Shelley Mayer (D) Campaign website Facebook Twitter[edit]

    Shelley Mayer.jpg

    A Democratic Assemblywoman from Assembly District 90, Mayer was nominated to run in the special election for District 37 in January 2018. When accepting the nomination, Mayer said, "Now, more than ever before, we need united and strong progressive leadership in Albany. We cannot let the bigoted and hate-filled leadership in Washington take hold in Westchester. Democrats will continue to come together and rise up against those who try to use fear and hatred to undermine our unity."[13]

    Her website listed endorsements from a number of union locals, including the Service Employees International Union (SEIU) and the International Brotherhood of Teamsters. Her site emphasized her positions on education, property taxes, climate change, and women's issues.[16]

    Mayer was first elected to the state Assembly in a 2012 special election and then won re-election in 2014 and 2016. She earned her B.A. from the University of California, Los Angeles in 1975 and her J.D. from State University of New York, Buffalo, School of Law in 1979. Her professional experience includes working as the chief counsel for the New York State Senate Democrats from 2007 to 2011 and serving as assistant attorney general in the Office of New York Attorney General Bob Abrams from 1982 to 1994.


    Republican Party Julie Killian (R) Campaign website Facebook Twitter[edit]

    Julie Killian.PNG

    A former councilwoman from Rye, New York. Killian was selected as the Republican nominee at a convention on February 7, 2018.[17] She ran for the District 37 seat in 2016 and lost to George Latimer (D).

    Her policy priorities included enacting term limits for state legislators and changing the state's funding formula for public education. Her website also listed government corruption, property taxes, and substance abuse as the issues she wanted to address.[18] According to the Legislative Gazette, Killian represented a more centrist wing of the Republican Party; she has called for more restrictions on firearms and environmental protection policies.[19]

    Prior to serving on the Rye City Council, Killian co-founded the non-profit RyeACT, which focused on ending substance abuse by children and teenagers. She also worked in the financial services industry on Wall Street. She received a bachelor's degree in chemical engineering from the University of Notre Dame and an M.B.A. from New York University.[20]


    Campaign activity[edit]

    The District 37 race was viewed by both parties as a winnable race despite its preference for Democrats in recent elections and Democrats' two-to-one advantage in registered voters.[21] According to the newspaper Lohud, "it has been a target of Republicans in expensive campaign battles in recent years and is expected to once again be viewed as a target seat by the state GOP."[13]

    Campaign finance[edit]

    On February 5, Senate Democrats sent out a fundraising letter that cited the race's high stakes. It said, “As long as Republicans hold power in the State Senate, New York can’t stand up to President Trump and pass laws to protect our families from the awful policies coming out of Washington. Together, we can give New Yorkers the state government they deserve and make history by elevating the first woman to lead the New York State Senate. The fight for the Senate Majority is here."[22]

    Cuomo appeared at a fundraiser for Mayer on April 3 and called for an end to Republican control of the state Senate. "All the progress we want to make, (Republicans) are 100 percent against it," said Cuomo. "We just finished a budget, negotiating with them. They have no appetite whatsoever for any of the things we hold dear."[23]

    As of April 16, $3.4 million was spent on the race, with each candidate spending about $1 million apiece and $1.5 million coming from satellite groups.

    Of the $3.4 million, $2.3 million was spent on television and radio advertising ($1.9 million for Killian and $450,000 for Mayer) and about $400,000 was spent on campaign mailers ($205,000 for Killian and $190,000 for Mayer).

    Of the $1.5 million in satellite spending, $800,000 was for anti-Mayer ads by the pro-charter school group New Yorkers for a Balanced Albany.[24]


    Campaign ads[edit]

    Shelley Mayer-support

    "George Latimer Stands with Shelley Mayer," released April 13, 2018
    "Making Change Happen," released March 19, 2018

    Shelley Mayer-oppose
    The following ad was paid for by New Yorkers for a Balanced Albany.

    "New Yorkers For A Balanced Albany," released March 21, 2018


    Endorsements[edit]

    New York State United Teachers endorsed Mayer on February 12.[25]

    New York Gov. Andrew Cuomo (D) endorsed Mayer on February 20.[26]

    Cuomo, mainline Senate Democratic leader Andrea Stewart-Cousins, and former District 37 Sen. George Latimer appeared at a campaign event for Mayer in Larchmont on March 11, 2018.[27]

    Former New York Gov. George Pataki (R) endorsed Killian on April 4.[28]

    On April 6, Planned Parenthood Empire State Acts endorsed Shelley Mayer.[29]

    Gary Greenberg, founder of the Fighting for Children PAC, announced his support for Mayer and paid for a robocall promoting her candidacy.[30]

    On April 16, the Nassau County Sheriff’s Correction Officer Benevolent Association and the Suffolk County Correction Officers Association endorsed Killian. She was previously endorsed by the Police Benevolent Association of New York State, Detectives’ Endowment Association, Inc., the New York State Association of PBAs, and the Patrolmen’s Benevolent Association of the NYPD.[31]

    On April 18, the Yonkers Times endorsed Mayer and the New York Post endorsed Killian.[32][33]


    Candidate forums[edit]

    On April 9, Mayer and Killian participated in a forum at Trinity Saint Paul's Episcopal Church on gun violence. It was moderated by high school students. See coverage of the debate here.

    On April 10, Mayer and Killian participated in a forum hosted by The College of New Rochelle. See coverage of the debate here.

    Tapinto.net published this candidate questionnaire that Mayer and Killian responded to.

    Campaign themes[edit]

    The following positions were listed on the candidates' campaign websites:

    Republican Party Julie Killian

    “

    The high cost of living, working and raising a family in New York State is forcing thousands of New Yorkers to flee to more affordable parts of the country.

    I will bring a fresh perspective and fight every single day as your Senator to make Westchester a safe and affordable place where opportunities abound for all Westchester families. Below is a small sample of some of the ideas I have. If you want to know more please call or email!

    AFFORDABILITY

    In Westchester, our property taxes are among the highest in the country. There are things we can do in state government that will directly affect your property taxes:

    When elected, I will fight to:

    CHANGE the school aid formula so Westchester gets its fair share. Right now we get the LOWEST per student school aid in the state.

    MOVE Medicaid back to the state level from the county level. New York is one of the few states that pays for a portion of Medicaid at the county level.

    MAKE the property tax cap permanent. It has saved taxpayers $23 billion since 2012.

    INSTITUTE a tax cap on the state budget.

    STOP the corruption tax by strengthening and enforcing ethics laws and requiring conflict of interest statements for every Legislator and State contract. This was my first official act when I joined the Rye City Council in June 2012 after a corruption scandal.

    OPPORTUNITY

    Countless studies highlight the fact that New York has one of the worst business climates in the nation. We must create a more hospitable environment for small and medium sized businesses, as they are the backbone of our economy and create the jobs our citizens need to thrive.

    When elected, I will fight to:

    PROHIBIT state agencies from fining small businesses for first violations unless public health or safety is jeopardized.

    STREAMLINE occupational licensing and the permitting process for opening new businesses and growing existing businesses.

    EXPAND Career and Technical Education (CTE) high schools beyond New York City to offer pathways to career success for those who may not be interested in a four-year college.

    AMEND tax code to ensure 529 plans get the same tax treatment at the state level that federal law provides to make education more affordable.

    ADVOCATE on behalf of families and service providers in the OPWDD (Office for People with Developmental Disabilities) system to make sure new procedures provide more access, more services and more reimbursement not less.

    EXPAND education and job opportunities for developmentally disabled and autistic students and adults.


    SECURITY

    The first obligation of any government is the safety and security of its citizens. We must all work together to keep our children and families safe.


    When elected, I will fight to:

    PASS a new law that reclassifies school shootings as acts of Domestic Terrorism.

    SUPPORT legislation that provides funding for local school districts to invest in security equipment and school resource officers to help secure school infrastructure.

    SUPPORT common sense gun laws including universal background checks, banning bump stocks and fully-automatic assault weapons, and raising the age to buy a firearm to 21.

    PROTECT families by supporting proposals that would keep guns out of the wrong hands, including the Extreme Risk Protection Order bill, which would make it possible for families and law enforcement to remove firearms from loved ones who could be a danger to themselves or others, and making permanent Kendra’s Law, which grants judges the authority to issue orders that require people who meet certain criteria to regularly undergo psychiatric treatment.

    ESTABLISH a research institute that will look at the myriad causes of gun violence.

    PROTECT women, children and any vulnerable New Yorkers by fighting for legislation that would promote greater accountability for harassment issues and prohibit confidentiality agreements unless the victim requests that his or her identity be kept private.

    COMBAT heroin, opioid and substance abuse crisis with more funding at local and county level for proven prevention programs, education efforts for teens, parents and school and medical professionals. I have a specific plan on this coming out soon!

    FIGHT to make Fetanyl a Schedule 1 Controlled Substance (like heroin) so dealers can be prosecuted to the fullest extent of the law. Currently, the NYS Assembly will not pass this change.

    FUND early intervention and prevention efforts in our elementary schools focused on educating parents, training teachers and working with students so that kids don’t turn to drugs and alcohol when they are facing challenges.

    FUND after school programs in underserved areas to keep our kids busy and more importantly expose them to sports, art, music and STEM programs.

    ENVIRONMENT

    Our district includes some of the most beautiful natural resources in the country, including the Long Island Sound and the Hudson River. Clean water, clean air and open space should be the right of every citizen. The stewardship of our environment is a great responsibility; what we do, or do not do, will impact generations to come.

    When elected, I will fight to:

    ENSURE adequate funding for the environmental protection measures, including the Environmental Protection Fund and the Clean Water Infrastructure Act.

    MEET renewable energy goals of 50 percent generation by 2030. This is particularly critical in light of the recent, extensive power outages the region experienced, as well as the closing of Indian Point, which is responsible for 25 percent of the energy Westchester residents consume.

    INCORPORATE climate change science into emergency response plans to ensure we are prepared for future disasters such as Superstorm Sandy.

    BUILD RESILIENCY by supporting our local municipalities and County and help fund efforts to address coastal erosion and flood mitigation and manage our wetlands.

    ADVOCATE for continued engagement with the NYC Billion Oyster Project to bring it to Westchester. Worked with Rye City officials and our local middle school to bring a program to our local harbor, the first of its kind in Westchester. Oysters filter an average of 50 gallons of water each day. [34]

    		”
    —Julie Killian’s campaign website (2018)[35]

    Democratic Party Shelley Mayer

    “

    Shelley Mayer is the Change We Need From Yonkers to Bedford, from White Plains to the Sound Shore, Shelley knows our communities and has always been willing to stand up against the status quo to protect Westchester, Her children all attended public schools here, so she's always been an advocate for better school funding and tuition relief, She fought the NRA to pass effective, common-sense gun laws, and defeated big pharma to give us better tools to fight opioid abuse.

    CLEANING UP ALBANY'S CULTURE OF CORRUPTION
    Shelley has never been afraid to stand up to corruption, even if it meant taking on members of her own party. As Counsel to the State Senate Democrats, Shelley was the architect of an unprecedented legal effort to expel disgraced Senator Hiram Monserrate from office after he was convicted of domestic violence. As a State Assemblymember, Shelley led the Reform Caucus and one of the first members to call on Assembly Speaker Sheldon Silver to resign when he was indicted on corruption charges. Shelley Mayer has always stood up for what's right, helping pass a law to strip the pensions of public officials who violate the public trust and fighting for legislation that cracks down on politicians who use their offices for private gain.

    STRONGLY SUPPORT THE PROPERTY TAX CAP TO PROTECT TAXPAYERS
    Westchester is a beautiful place to live and raise a family, but high taxes and increasing costs are making it harder and harder by the day. Now, the new Trump tax plan will crush Westchester’s residents – who already pay some of the highest property taxes in the nation. As State Senator, Shelley will stand with the Governor to fight back against Trump’s assault on New Yorkers by supporting the New York State Taxpayer Protection Act; and she’ll work with local leaders to promote shared services and other cost-saving measures.

    Shelley has voted for and passed two major tax cuts in the past five years. Now, the new Trump tax plan will crush Westchester’s residents who already pay some of the highest property taxes in the nation. As State Senator, Shelley will stand with the Governor to fight back against Trump’s assault on New Yorkers and she’ll work with local leaders to promote shared services and other cost-saving measures.

    STANDING UP TO THE NRA TO PASS STRONGER GUN SAFETY LAWS
    Shelley has stood up to the NRA to pass the NY Safe Act, one of the toughest gun laws in the nation which requires stricter background checks, bans assault weapons, and cracks down on out-of-state gun dealers in New York. In the State Senate, she’ll stand up to Republican efforts to repeal the Safe Act, and she’ll break through Republican roadblocks for common sense legislation to ban deadly bump stocks, or keep guns out of the hands of dangerous individuals and children. As our nation awakens and finally stands up to demand action on gun safety, Shelley knows that we need to change the Senate’s leadership to end the NRA’s stranglehold on our State Senate.

    REFORMING OUTDATED SEXUAL HARASSMENT LAWS AND DEFENDING WOMENS RIGHTS
    Shelley has spent her career standing up for gender equality, women’s access to healthcare, equal pay, and an end to sexual harassment and abuse. In the Senate, she’ll work to end the Senate Republicans’ years-long roadblock on critical legislation including the Reproductive Health Act and the Child Victims Act. In addition, Shelley strongly supports Governor Cuomo’s proposed reforms to prevent sexual harassment and better protect victims.

    DELIVERING FAIR FUNDING FOR ALL OUR SCHOOLS
    Shelley is a lifelong advocate for strong public schools, delivering record funding for local schools as an Assemblymember and securing over half a billion dollars for school construction and renovation. As State Senator, she’ll work every day to ensure that Westchester schools get their fair share; stand strong against the misuse and overuse of standardized testing; and protect the rights of parents to have a say in their children’s schools.

    ADDRESSING CLIMATE CHANGE AND FLOODING
    With Westchester sandwiched between the Hudson River and the Sound shore coastline, we are particularly vulnerable to the impacts of climate change – from increased flooding to wind damage from major storms. Shelley Mayer has been a vigorous advocate for the protection of our environment, cosponsoring a bill that prohibited oil barges from anchoring in the Hudson River and securing $3 million for flood mitigation aid after Hurricane Sandy. Shelley also believes that climate change denial is a hurting our future and supported Climate and Community Protection Act, a bill that would help put New York on track to minimize the adverse impacts of climate change through a reduction in statewide greenhouse gas emissions and improve the resiliency of the state with respect to the impacts and risks of climate change.

    COMBATING THE OPIOID EPIDEMIC
    The opioid crisis is one of the most serious problems facing Westchester and New York State. While in the Assembly, Shelley sponsored legislation that makes naloxone, a life-saving drug that stops opioid overdoses, more easily available. The law requires any pharmacy with 20 or more locations to pursue or maintain a standing order to disperse naloxone or to register with the NYS Department of Health as an Opioid Overdose Prevention Program. These requirements ensure that more pharmacists will be trained in administering naloxone and Governor Cuomo signed it into law in 2016. In the State Senate, Shelley will continue to advocate for programs that support those battling addiction and resources that crack down on the prevalence of opioids in Westchester and across New York. [34]

    		”
    —John Doe’s campaign website (2016)[36]

    The Trump effect[edit]

    Candidate approach to Trump[edit]

    The presidency of Donald Trump was an issue in this campaign.

    Both candidates issued statements about Donald Trump's presidency. After accepting the Democratic nomination to run for the seat, Mayer said, "Now, more than ever before, we need united and strong progressive leadership in Albany. We cannot let the bigoted and hate-filled leadership in Washington take hold in Westchester. Democrats will continue to come together and rise up against those who try to use fear and hatred to undermine our unity."[13]

    Killian downplayed Trump's relevance in the race, saying, “The election is not about Donald Trump no matter how much the Democrats want to make it about him. And if that’s all they can talk about, it’s clear that they don’t have any solutions to deal with the problems in our community and they don’t understand the problems in our community.”[37]

    Mayer and her allies invoked Trump on the campaign trail. She criticized Killian for a $1,000 donation she received from George DeVos, the husband of Trump Secretary of Education Betsy DeVos, in her 2016 bid for Senate. At a campaign event supporting Mayer, Gov. Cuomo reportedly criticized Trump and his administration on multiple occasions.[38]

    Voter reception of Trump[edit]

    Before George Latimer was elected Westchester County executive over incumbent Rob Astorino (R) in November 2017, the firm Appliedtechonomics ran a survey and found that 44 percent of voters said the Trump administration would be a factor in how they voted and that 67 percent of those voters backed Latimer over Astorino. Latimer ended up winning the election by 13 points, which was higher than expected by political observers.

    According to Jeanne Zaino, an executive at Appliedtechonomics and a political scientist, "In the past, the GOP has been able to overcome deficits by running strong candidates on issues like taxes that voters care so much about...The Democratic avalanche [in Latimer's election], however, showed that as important as taxes are to Westchester voters, there is now another issue that gets them even more vexed: Trump. "[38]


    Noteworthy events[edit]

    Mayer removed from Independence Party line[edit]

    Mayer was removed from the Independence Party line by Justice Henry Zwack on March 20 after he found that she had received the party's nomination in February without there being a quorum present.

    Candidates can run under multiple party lines in New York. Killian received the Independence Party's nomination in her 2016 run against Latimer.[39]

    Ethics complaint against Mayer[edit]

    Republicans filed a complaint with the Joint Commission on Public Ethics alleging that Mayer misused government property. The complaint concerned a Facebook video that showed Mayer inside her Assembly office commending students who participated in walkouts from schools to protest gun violence. She used the phrase “when elected to the Senate,” which the complaint said showed that the video was intended to be campaign material.

    In response, Mayer said, “This is a sad and frankly pathetic attempt by Killian to distract from her and her Trump allies’ extremist pro-gun agenda of allowing more guns in our schools and allowing the NRA to control our state government.”[40]

    Mayer's handling of sexual misconduct claims[edit]

    In April 2018, state Senate staffers Julia Lilkendey and Shana Wittenwyler accused Mayer of not acting to help them after they told her that they were being sexually harassed in 2011. Mayer was serving as chief counsel for the Senate Democrats at the time they made their complaints.[41] Mayer said that she followed proper protocol after receiving the complaints and that Secretary of the Senate Angelo Aponte did not take action on them.[42]

    After the allegations were reported by the New York Daily News, Killian called for Mayer to resign from the state Assembly.[42] She made this announcement in front of Mayer's campaign headquarters and, according to Lohud, fighting, physical and verbal, broke out among Mayer and Killian supporters.[43]

    Andrea Stewart-Cousins defended Mayer, saying, "Unfortunately this is the double standard that women in the workplace face — you can stand up for victims of sexual harassment, as Shelley did, only to be shot down by men in higher-ranking positions, then you still get blamed for not doing enough."[42]

    On April 17, Lilkendey and Wittenwyler filed a formal request with the Senate for an ethics investigation into Mayer's handling of their claims. In response, Mayer's spokesman said, "bringing a complaint against the woman who tried to help rather than the man who was actually responsible seems misguided, but every woman has a right to seek justice when she has been harassed."[44]

    Killian returns money to fundraiser following critical remarks about David Hogg[edit]

    In April 2018, Julie Killian returned donations she received from Denise Ward after Ward tweeted out statements critical of David Hogg, a survivor of a February 2018 school shooting in Parkland, Florida, and advocate for increasing regulations on firearms.

    After Hogg called for a boycott of Fox News host Laura Ingram, who criticized him for not being admitted into several colleges for which he applied, Ward tweeted, "Every time that idiotic Hogg person speaks I am compelled to do the opposite of whatever he's advocating, because it's so clear that he's nothing more than a tool & a drone."

    Mayer's campaign criticized Killian for her association with Ward, saying, "No amount of campaign cash is worth appeasing those who attack children, let alone those who have survived a tragic school shooting."

    Killian said she disagreed with Ward and that she returned her donations. She also tweeted, "We have thousands of supporters & I would guess there are one or two of [Mayer]'s supporters who also hold views w/whom she would wildly disagree."[45]

    District 37 context[edit]

    Recent elections[edit]

    George Latimer.jpg

    State Sen. George Latimer (D) was first elected to the seat in 2012 after serving in the New York Assembly as the representative from District 91 since 2005. Before Latimer took the District 37 seat, it had been represented by Sen. Suzi Oppenheimer (D) since 1984. Latimer was elected as a Westchester County executive in November 2017, and he resigned as the District 37 senator in January 2017 in order to take that position.

    In Latimer's three elections in 2012, 2014, and 2016, the results varied depending on whether or not it was a presidential election year. In the two presidential election years, 2012 and 2016, turnout for the race was at well over 100,000 voters and Latimer won by nearly or more than a double-digit percentage margin. In the lower turnout 2014 election, less than 75,000 voters turned out and Latimer's margin of victory was just 4.1 percent.

    The chart below shows Latimer's margins of victory in terms of raw votes and the percentages of the vote in all three of his elections to the New York Senate.

    2012, 2014, and 2016 elections for New York State Senate District 37
    Election Winning candidate First place vote totals Losing candidate Second place vote totals Vote totals Difference
    2016 election (vote totals) Democratic Party George Latimer 73,116 Republican Party Julie Killian 58,164 131,280 D+14,952
    2016 election (percentages) Democratic Party George Latimer 55.7 percent Republican Party Julie Killian 44.3 percent - D+11.4%
    2014 election (vote totals) Democratic Party George Latimer 38,092 Republican Party Joseph Dillon 34,913 73,005 D+3,179
    2014 election (percentages) Democratic Party George Latimer 49.9 percent Republican Party Joseph Dillon 45.8 percent - D+4.1%
    2012 election (vote totals) Democratic Party George Latimer 64,236 Republican Party Bob Cohen 54,574 118,810 D+9,662
    2012 election (percentages) Democratic Party George Latimer 54.1 percent Republican Party Bob Cohen 45.9 percent - D+8.2%

    The chart below details the results of presidential elections in New York State Senate District 37. Barack Obama (D) defeated Mitt Romney (R) in 2012, and Hillary Clinton (D) defeated Donald Trump (R) in 2016. Obama's margin of victory was just nine points while Clinton's nearly 22 points.

    2012 and 2016 presidential elections: New York State Senate District 37
    Election Democratic candidate Republican candidate Difference
    2016 presidential election (vote totals) 82,736 52,381 D+21,162
    2016 presidential election (percentages) 59.3 percent 37.4 percent D+21.9%
    2012 presidential election (vote totals) 69,756 58,155 D+11,601
    2012 presidential election (percentages) 54.0 percent 45.0 percent D+9.0%


    District demographics[edit]

    NY SD 37.JPG

    Following the state's 2012 redistricting, New York State Senate District 37 was located in Westchester County and included parts of the cities Yonkers, White Plains, New Rochelle, Bedford, North Castle, Harrison, Rye, and Mamaroneck.[12]

    According to Statistical Atlas in 2017, the district was 67.2 percent white, 18.7 percent Latino, 6.8 percent black, and 5.4 percent Asian. Its proportion of white and Latino residents were 9.4 percent and 2.0 percent greater than the state average, respectively, while its proportion of black and Asian residents were 8.9 percent and 2.2 percent lower, respectively.

    As for educational attainment, 53.7 percent of the population had received a degree higher than a high school diploma, which was 12.1 percent higher than the state average of 41.6 percent. Only 35.3 percent of the population received just a high school diploma (compared to 43.5 percent of the state's population) and just 11 percent of the population received less education than a high school diploma (compared to nearly 15 percent of the state's population).[46]


    IDC and Mainline Democratic reunification[edit]

    Prior to April 2018, factions in the New York State Senate included the mainline Democratic Party, the Republican Party, and an offshoot of the Democratic Party called the Independent Democratic Conference (IDC). Republicans controlled the chamber from 2012 to 2018 through an alliance with the IDC and Democrat Simcha Felder. In April 2018, the eight members of the IDC rejoined the mainline Democratic conference, but Felder stayed with the Republicans, giving them an effective 32-31 majority in the chamber.

    In the September 13 Democratic primaries, progressive primary challengers defeated former IDC leader Jeff Klein and former IDC members Tony Avella, Jose Peralta, Jesse Hamilton, Marisol Alcantara, and David Valesky. Felder and former IDC members Diane Savino and David Carlucci won their primaries. Read more here.

    Background[edit]

    Special election announcement[edit]

    Gov. Andrew Cuomo (D) did not call the special elections to fill the seats held by Latimer and Bronx Councilman Ruben Diaz Sr. until April 24, even though they became empty in early January 2018. He was criticized by Democratic officials and activists for not calling the special elections sooner because the deadline to complete the state budget was March 31, 2018.[72]

    According to groups and observers, Cuomo delayed the special elections in order to keep the IDC-Republican Senate alliance in power during the state budget negotiations. These criticisms were not new as, according to Governing, progressives had long accused Cuomo of secretly approving of the IDC and its alliance with the GOP.[73]

    The editorial board of Lohud wrote the following:

    “

    Why would Cuomo, a Democrat, hold off calling for these elections, especially since both empty Senate seats were held by Democrats and are likely to go to Democrats?

    It's reportedly part of a deal to get the Senate Democrats to unify. Here's the play: Cuomo delays the special election until the Fiscal Year 2019 budget is all set; then the IDC drops its power-sharing deal with the Senate GOP; the IDC aligns with the mainstream Democrats in a similar power-sharing deal, which still gives Klein a seat at the table. Also part of the reported deal is a promise that mainstream Dems won't primary those IDC members, but individual Democrats are already balking at that.

    It's pretty clear what the Republicans get out of the deal: Power for just a bit longer, and through the budget crafting, which is when all the important stuff gets done. The IDC retains power beforehand and keeps power after. The Democrats get to finally take power in the Senate.

    But what does Cuomo get out of this deal, which ensures Republicans the potential power to muffle a so-called progressive agenda for FY 2019 that the governor's been shouting about? Maybe it's the ability to say "I tried" when it comes to passing things like ethics reform, a DREAM Act and other initiatives that would bolster his progressive cred in New York but possibly cramp his nationwide draw for a presidential bid.

    We don't really know. But here's what we do know: New Yorkers who live in the Senate and Assembly districts that will go unrepresented during Albany's all-important budget season should be angry by Cuomo's inaction on this issue. We are.[34]

    		”

    In response to questions by reporters about the special election call in December 2017, Cuomo said, “There are some that want it sooner, some that want it later, there’s some who don’t. Some would argue politicizing the budget isn’t the best idea. It’s a decision that we have to make next year in January.”[75]


    Special elections throughout the country[edit]

    See also: State legislative special elections, 2018

    In 2018, 99 state legislative special elections were held in 26 states. Between 2011 and 2017, an average of 74 special elections took place each year.

    Breakdown of 2018 special elections[edit]

    In 2018, special elections for state legislative positions were held for the following reasons:

    • 58 due to appointment, election, or the seeking of election to another position
    • 16 due to a retirement
    • 10 due to a resignation related to criminal charges
    • 7 due to a resignation related to allegations of sexual misconduct
    • 5 due to the death of the incumbent
    • 2 due to a resignation to take a private sector job
    • 1 due to an election being rerun

    Impact of special elections on partisan composition[edit]

    The partisan breakdown for the special elections was as follows:

    The table below details how many seats changed parties as the result of a special election in 2018. The number on the left reflects how many vacant seats were originally held by each party, while the number on the right shows how many vacant seats each party won in the special elections. In elections between 2011 and 2016, either the Democratic Party or Republican Party saw an average net gain of three seats across the country. In 2017, Democrats had a net gain of 11 seats.

    Note: This table reflects information for elections that were held and not the total number of vacant seats.

    Partisan Change from Special Elections (2018)
    Party As of Special Election After Special Election
         Democratic Party 42 50
         Republican Party 57 49
         Independent 0 0
    Total 99 99


    Democrats gained 11 seats in 2017 special elections and eight seats in 2018 special elections. The table below details the results of special elections held in 2017 and 2018 cumulatively.

    Partisan Change from Special Elections (2017-2018)
    Party As of Special Election After Special Election
         Democratic Party 87 106
         Republican Party 110 91
         Independent 0 0
    Total 197 197

    Flipped seats[edit]

    In 2018, 16 seats flipped as a result of state legislative special elections. Twelve seats flipped from Republican control to Democratic control. Four seats flipped from Democratic control to Republican control.

    In New York, a Democratic candidate running on the Republican ticket won election to Assembly District 142 on April 24. The previous incumbent in that district was a Democrat. Due to the winning candidate's party affiliation, Assembly District 142 was not added to the list of flipped seats in 2018.

    Seats flipped from R to D[edit]

    Seats flipped from D to R[edit]


    See also[edit]

    Footnotes[edit]

    1. ↑ 1.0 1.1 New York Times, "Felder, a Democrat, Says He Will Remain With Republicans," April 24, 2018
    2. ↑ Democrat and Chronicle,"Q&A: What control of the NY Senate may mean for you," April 6, 2018
    3. ↑ FindLaw, "New York Consolidated Laws, Public Officers Law - PBO § 42. Filling vacancies in elective offices," accessed February 11, 2021 (Statute § 42 (4))
    4. ↑ FindLaw, "New York Consolidated Laws, Public Officers Law - PBO § 38. Terms of officers chosen to fill vacancies," accessed February 11, 2021 (Statute § 38)
    5. ↑ Independence member caucuses with Democrats and was included in the count.
    6. ↑ Independence member caucuses with Democrats and was included in the count.
    7. ↑ NY Daily News, "Yonkers Mayor Mike Spano seeks Democratic nomination for state Senate," December 13, 2017
    8. ↑ 8.0 8.1 8.2 8.3 New York State Board of Elections, "New York State Unofficial Election Night Results," accessed April 24, 2018
    9. ↑ NorthJersey.com, "Trump administration picks new EPA chief for New Jersey and New York," September 28, 2017
    10. ↑ Buffalo News, "Kearns to resign Assembly post; assume clerk duties on Tuesday," November 30, 2017
    11. ↑ The Buffalo News, "Defying the odds, Erik Bohen captures 142nd District Assembly race," April 24, 2018
    12. ↑ 12.0 12.1 Lohud, "Khojasteh steps aside, supports Killian in Senate special election," February 5, 2018
    13. ↑ 13.0 13.1 13.2 13.3 Lohud, "Democrats nominate Shelley Mayer to run for Latimer's old Senate seat," January 9, 2018
    14. ↑ Majority control due to alliance with state Sen. Simcha Felder (D)
    15. ↑ New York Times, "‘These Are Not Usual Days’: Cuomo Urges Felder to Rejoin Democrats," April 25, 2018
    16. ↑ Shelley for Senate, "Issues," accessed February 15, 2018
    17. ↑ Lohud, "Republicans pick Julie Killian to run for Latimer's old Senate seat," February 7, 2018
    18. ↑ Julie Killian for Senate, "About Julie," accessed February 15, 2018
    19. ↑ Legislative Gazette, "As Senate hangs in the balance, all eyes are on Westchester and The Bronx," April 18, 2018
    20. ↑ Facebook, "Julie Killian for State Senate," accessed February 8, 2018
    21. ↑ Lohud, "Senate District 37 vote takes place in Westchester, but impacts statewide power," April 19, 2018
    22. ↑ New York State of Politics, "Senate Democrats Start Fundraising Ahead Of Special Election," February 5, 2018
    23. ↑ Lohud, "NY's fractured Senate Democrats strike peace deal," April 4, 2018
    24. ↑ Lohud, "Millions of dollars pour in to Shelley Mayer, Julie Killian race," April 16, 2018
    25. ↑ New York State United Teachers, "NYSUT endorses Shelley Mayer, Luis Sepulveda for Senate; three for open Assembly seats," February 12, 2018
    26. ↑ New York Daily News, "Gov. Cuomo endorses Assemblywoman Shelley Mayer for pivotal state Senate seat in special election," February 20, 2018
    27. ↑ WAMC, "Gov. Cuomo, Prominent Dems Supporting Mayer In 37th Senate District," March 11, 2018
    28. ↑ Patch.com, "Ex-Gov. Pataki Endorses Rye Republican Killian For State Senate," April 4, 2018
    29. ↑ Shelley Mayer for State Senate, "Planned Parenthood Empire State Acts Endorses Democrat Shelley Mayer," April 6, 2018
    30. ↑ Legislative Gazette, "CVA advocates funding a robocall in 37th Senate District ahead of upcoming election," April 16, 2018
    31. ↑ Julie Killian for State Senate, "Nassau County Sheriff’s Correction Officer Benevolent Association, Suffolk County Correction Officers Association Endorse Senate Candidate Julie Killian," April 16, 2018
    32. ↑ Yonkers Times, "WE ENDORSE: SHELLEY MAYER FOR STATE SENATE," April 18, 2018
    33. ↑ New York Post, "The Post endorses Julie Killian for state Senate," April 18, 2018
    34. ↑ 34.0 34.1 34.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    35. ↑ Julie Killian for State Senate, “Issues,” accessed April 23, 2018
    36. ↑ John Doe’s campaign website, “Issues,” accessed October 25, 2015
    37. ↑ Lohud, "Republican Julie Killian talks Senate bid: 'I really felt I had to get in'," February 6, 2018
    38. ↑ 38.0 38.1 Lohud, "What issue vexes local voters more than high taxes? Trump," March 22, 2018
    39. ↑ Harrison Review, "Senate candidate Mayer booted from Indy line," March 20, 2018
    40. ↑ NY State of Politics, "SD-37: Complaint Filed Over Mayer Facebook Video," March 2018
    41. ↑ New York Daily News, "Yonkers assemblywoman ignored state Senate staffers' pleas for help as they faced abuse from nightmare bosses," April 13, 2018
    42. ↑ 42.0 42.1 42.2 New York Daily News, "Senate candidate Shelley Mayer again called out for her inaction on harassment complaints against lawmakers," April 13, 2018
    43. ↑ Lohud, "Julie Killian, Shelley Mayer supporters clash at news conference," April 13, 2018
    44. ↑ New York Daily News, "Two women seek ethics probe after N.Y. Senate Dems ignore sexual harassment claims," April 17, 2018
    45. ↑ Daily Mail, "Republican candidate for New York Senate disavows fund-raiser who mocked Parkland survivor David Hogg as a 'tool and a drone' and suggested Emma Gonzalez bullied the shooter," April 17, 2018
    46. ↑ Statistical Atlas, "Overview of State Senate District 37, New York," accessed February 6, 2018
    47. ↑ New York Times, "Threats, and Hints of a Deal, in New York Democrats’ Divorce Saga," November 27, 2017
    48. ↑ New York Daily News, "LOVETT: Pol says Democrats must control Senate or else plan to unite the party is dead," December 11, 2017
    49. ↑ 49.0 49.1 Village Voice, "Meet The Senator Who Stands Between New Yorkers And Universal Health Care," May 25, 2017
    50. ↑ 50.0 50.1 50.2 New York Times, "Democrats in New York State Senate Reconcile After Years of Infighting," April 4, 2018
    51. ↑ Twitter, "Frank G. Runyeon on April 4, 2018,"
    52. ↑ Twitter, "Frank G. Runyeon on April 4, 2018,"
    53. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named lohud2
    54. ↑ WNYC, "'Independent' No More, But IDC Still Fundraising," April 11, 2018
    55. ↑ Buffalo News, "Defunct under new state Senate unity deal, breakaway group sends fundraising appeal," April 9, 2018
    56. ↑ New York Times, "As Session Resumes, a Democratic Truce in Albany Seems Uneasy," April 16, 2018
    57. ↑ Legislative Gazette, "New committee chairs appointed following dissolution of IDC," April 9, 2018
    58. ↑ New York Daily News, "Key unions urge NYS Senate Dems to back former IDC members," May 7, 2018
    59. ↑ Kings County Politics, "Hamilton, Savino Get Stewart-Cousins Endorsement," May 25, 2018
    60. ↑ Albany Times Union, "39 ex-IDC staffers purged after unity deal," May 19, 2018
    61. ↑ 61.0 61.1 Spectrum News, "Analysis: Eyes on Senate in Albany power struggle and these 5 races," September 5, 2018
    62. ↑ New York Times, "The Mutineer Becomes the Captain," September 11, 2009
    63. ↑ Washington Post, "Stalemate in N.Y. State Senate Appears to Be Resolved as Democrat Rejoins Caucus," July 10, 2009
    64. ↑ New York Times, "Albany Impasse Ends as Defector Rejoins Caucus," July 9, 2009
    65. ↑ New York Times, "Senate Democrats Try to Reverse G.O.P. Coup," June 9, 2009
    66. ↑ New York Times, "Coalition Is to Control State Senate as Dissident Democrats Join With Republicans," December 4, 2012
    67. ↑ New Republic, "How Andrew Cuomo Profits From a Republican Senate," May 12, 2017
    68. ↑ New York Daily News, "Senate's Independent Democratic Conference announces end to alliance with Republicans," June 25, 2014
    69. ↑ Politico, "Klein, diminished but still desired, sides with power," November 7, 2014
    70. ↑ Times Union, "IDC will once again partner with Senate GOP," January 2, 2017
    71. ↑ New York Times, "Simcha Felder Tells Fellow Rogue Democrats to Rejoin the Party Fold," May 24, 2017
    72. ↑ Observer, "Cuomo Sets Special Election Date for Vacant New York Legislature Seats," February 5, 2018
    73. ↑ Governing, "Citing Costs, Some GOP Governors Refuse to Hold Special Elections," February 14, 2018
    74. ↑ Lohud, "Cuomo freezes out residents of Senate District 37: Editorial," January 22, 2018
    75. ↑ Gotham Gazette, "Cuomo Criticized for Failing to Call Special Election January 1," January 3, 2018
    76. ↑ The general election was cancelled after Wayne McMahen (R) was the only candidate to file for election.
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