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IF SHE LEAVES SENATE

Compiled by Albany bureau chief James T. Madore

November 15, 2008

VACANT SEAT. If Sen. Hillary Rodham Clinton were nominated for a federal cabinet post and confirmed by the Senate, she would give up her seat there next year, with four years remaining until her term expires on Dec. 31, 2012.

SHORT-TERM APPOINTMENT. Gov. David A. Paterson would appoint a replacement, but that person would serve only until a special election is held in November 2010.

SPECIAL ELECTION. In the 2010 election, the appointee and any rivals would vie to fill the remaining two years of the Clinton term, at which time anyone seeking the seat would have to run yet again for the chance to serve a full six-year term.

On rare occasions

Only twice in modern New York history has a governor appointed a replacement to fill such an unexpired term.

Republican Gov. Nelson Rockefeller named Charles Goodell of Jamestown on Sept. 10, 1968, after the assassination of Sen. Robert F. Kennedy.

Republican Gov. Thomas E. Dewey named John Foster Dulles of New York City on July 7, 1949, after the resignation of Sen. Robert F. Wagner.

SOURCE: NYS Public Officers Law