Summary
If New York City’s mayor resigns or is removed before March 26, 2025, the public advocate becomes mayor until a new mayor is elected in a special election held within about 80 days. That special election uses ranked choice voting, and any American citizen and New York City resident who submits at least 3,750 qualified petition signatures to the New York City Board of Elections is eligible to run.
If the mayor leaves office on or after March 26, 2025, the public advocate becomes mayor until a new mayor is voted on at the November 4, 2025 election, after also having run in the primary election.
Chapter 1, Section 10 of the New York City Charter provides the rules of succession when there is a vacancy in the office of the mayor. The public advocate is first in the line of succession, followed by the NYC comptroller, who would serve until a new mayor has been elected and certified.
When is the special election?
The rules of succession for the mayor also include the timing under which special elections can occur. Within three days of a mayoral vacancy, the public advocate or other successor must proclaim the date of a special election.
Because the deadline has passed to fill the vacancy during this year’s November 5th General Election, a special election would likely be held. Below are the two scenarios for filling a mayoral vacancy that occurs either this year or in 2025:
- If a vacancy happens before March 26, 2025 (90 days before June 24, 2025 primary) a special election must be called and held on the first Tuesday at least 80 days after the vacancy occurs. The acting mayor has some discretion, however, to move this date to facilitate maximum turnout. They could call the election for a minimum of 60 days after the proclamation, or an additional 10 days after the first Tuesday at least 80 days after the vacancy occurs. This special election would be a nonpartisan primary that uses ranked choice voting.
- If a vacancy occurs on or after March 26, 2025, the vacancy must be filled during the 2025 general election, and the new mayor would take office immediately upon certification. A primary election and ranked choice voting would still apply.
Would there be a primary?
No, if the vacancy occurs before March 26, 2025, voters use ranked choice voting in a nonpartisan special election to select a new mayor.
Yes, if the vacancy occurs after March 26, 2025.
How do candidates qualify for the special election?
Candidates must submit a minimum of 3,750 qualified petition signatures to the New York City Board of Elections, as required by Chapter 46, §1057-b of the New York City Charter. Special elections are nonpartisan by virtue of candidates filing petitions as independent candidates, essentially creating their own party names rather than using the current major party names.
Infographic (see here or below)