The 2010 United States Senate special election in New York took place on November 2, 2010, concurrently with other elections to the United States Senate in other states as well as elections to the United States House of Representatives and various state and local elections. Governor David Paterson had appointed Kirsten Gillibrand to serve as United States Senator from New York until the 2010 special election, replacing former senator Hillary Clinton, who resigned to serve as Secretary of State in the Barack Obama administration. The winner of the special election was to complete the term ending in January 2013. The special election took place concurrently with the regular election for the Senate seat held by Chuck Schumer and the 2010 New York gubernatorial election.
Due to this special election, 2010 marked the first time since the ratification of the 17th Amendment in 1913 that all of New York's six statewide offices were up for popular election on the same day. These elections coincided with the elections of all United States representatives from New York, all members of the New York State legislature, and many other officeholders.Erie County Board of Elections website page on 2010 Offices to be Elected . Retrieved March 29, 2010.
Appointment history
During the appointment process, a large number of candidates were mentioned, including:
Buffalo Mayor Byron Brown Former President Bill Clinton New York State Attorney General and eventual Governor of New York Andrew Cuomo New York State Assemblywoman RoAnn Destito Actress and eventual SAG-AFTRA president Fran Drescher Then-U.S. Representative and eventual seat-appointee Kirsten Gillibrand U.S. Representative Brian Higgins U.S. Representative Steve Israel Attorney, author, and eventual U.S. Ambassador to Japan Caroline Kennedy U.S. Representative Nita Lowey Former Lieutenant Governor Stan LundineMiller, Rick. Clerk Griffith suggests Lundine for Senate. Olean Times Herald. January 8, 2009. U.S. Representative Carolyn Maloney U.S. Representative Greg Meeks U.S. Representative Jerrold Nadler New York state assemblyman Daniel J. O'Donnell Nassau County Executive Thomas Suozzi U.S. Representative Nydia Velázquez United Federation of Teachers President Randi Weingarten
Speculation An early favorite for selection was New York Congresswoman Nita Lowey, who in the late 1990s had been planning a run for the 2000 Senate election, but had stepped aside once then-First Lady of the United States Clinton had decided to run for the office. But Lowey soon withdrew from consideration, having gained enough seniority to become one of the powerful "cardinals" on the House Appropriations Committee and did not want to relinquish that position. Another who withdrew from consideration was New York Congresswoman Nydia Velázquez.
Senator Schumer did not publicly indicate a preference, but reportedly favored Congresswoman Gillibrand. The indication by Caroline Kennedy that she was possibly interested in being appointed drew the most media attention. Her family legacy (including that her uncle Robert F. Kennedy had previously held the seat) and star power was balanced against her inexperience in politics and elections. Her uncle Senator Ted Kennedy, in a battle with brain cancer, encouraged her to seek the position. On December 15, Kennedy indicated that she was definitely seeking the appointment, making phone calls to Paterson and other prominent Democrats. Kennedy and her uncle had backed Obama over Clinton at a crucial time in the long presidential nomination struggle, and some past Clinton supporters initially disparaged Kennedy's qualifications for the senate seat. But soon Clinton told her supporters not to stand in the way of a Kennedy selection; Clinton said she herself would have no public comments on any of the possible choices.
Public opinion polls showed that Kennedy and Cuomo were the two most popular choices of New York residents, with their large name recognition factors playing a role. Paterson faced a complex set of factors in making the choice. Women's groups were pressuring him to replace Clinton with another woman, while upstate groups were dissatisfied at their lack of representation in top-level statewide offices. Paterson's own gubernatorial election campaign could benefit from a Democratic star such as Kennedy in the senate race, which would help him raise money and increase voter enthusiasm, while the choice of Kennedy would also bolster his relations with the Obama administration. Whatever candidate is chosen would be faced with likely having to raise $35 million for the 2010 special election and then, if victorious, another $35 million for the 2012 regular election two years later.
By later in December, Kennedy had mounted a concerted effort to gain support around the state, and had made several trips and appearances as well. Kennedy's appointment was supported by Congresswoman Louise Slaughter, State Assemblyman Vito Lopez, New York City mayor Michael Bloomberg, former New York City Mayor Ed Koch and the New York Post editorial page. She received criticism for not voting in a number of Democratic primaries and general elections since registering in 1988 in New York City and also for not providing details about her political views.
Kennedy declined to make disclosures of her financial dealings or other personal matters, stating that she would not release the information publicly unless she was selected by Paterson, at which time she would be subject to the same background checks as all appointees. Kennedy acknowledged that she was going to have to prove herself: "Going into politics is something people have asked me about forever. When this opportunity came along, which was sort of unexpected, I thought, `Well, maybe now. How about now?' [I'll have to] work twice as hard as anybody else ... I am an unconventional choice ... We're starting to see there are many ways into public life and public service."
The apparent effort by Kennedy forces to make her appear the "inevitable" choice drew reports of resistance among Democratic officials, including Paterson himself. Kennedy said she will not run for the seat in 2010 if she is not appointed by Paterson. In late December 2008, Kennedy drew criticism from several media outlets for lacking clarity in interviews, and for using the phrase "you know" 168 times during a 30-minute interview with NY1.Not Ready for SNL: Caroline Kennedy's 168 'you knows.', Wall St. Journal, December 29, 2008 At one point, there was speculation among Democratic Party officials that Paterson would make a caretaker appointment, meaning someone who would pledge to only serve the two years and not run in 2010. This would allow Paterson to avoid choosing among competing choices and give them a level playing field two years hence. Speculation even focused on former President Bill Clinton as the caretaker, but on New Year's Day Paterson seemed to indicate he was not inclined towards the idea: "In the United States Senate, the most effective senators are the ones that have seniority."
By early January 2009, Kennedy's support had dropped in public opinion polls, with 44 percent of New Yorkers saying they had a lesser impression of her since she began her campaign for the appointment, versus 23 percent having a better impression. A mid-January Quinnipiac University Polling Institute poll showed Cuomo 7 percentage points ahead of Kennedy in voter preference, and more voters than not thinking Kennedy was unqualified for the position. Paterson made all interested candidates submit lengthy vetting documents as part of their candidacy. An official of the League of Women Voters criticized Paterson for not making the vetting questions public. Paterson said he would announce his decision shortly after the Obama inauguration.
On January 22, 2009, after several conflicting reports, Kennedy released a statement withdrawing from consideration for the seat, citing personal reasons. The following day, further conflicting reports ensued over what the specific reason was for Kennedy's withdrawal, and whether or not Paterson would have picked her had she stayed in. Some of the reports were based on Paterson's office planting false stories with the press that Kennedy had serious problems with the hiring of a nanny or unpaid taxes.
Appointment On the same day that Kennedy dropped out, WPIX-TV and the Albany Times Union reported that Governor Paterson was expected to announce he was appointing Kirsten Gillibrand. The Governor made the official announcement of Gillibrand's appointment at a press conference in Albany on January 23, 2009.
By a month later, Paterson had conceded that his office had been responsible for leaks at the end of the appointment process, intended to contest the Kennedy camp's claim that she had been his first choice for the position. Paterson said, however, that he had not expected the level of attacks that ensued from his office at the time: "The things said about Caroline I found despicable and shocking and very painful. I never would have imagined removing the idea that this is my first choice meant a character assassination."
Democratic primary The Democratic primary election was held on September 14, 2010.
Background Paterson's appointment of Gillibrand alienated Caroline Kennedy and Andrew Cuomo supporters as well as some key liberal Democratic ideological constituencies, and made it possible that the centrist Gillibrand would face a primary challenge in 2010. She did not have the full backing of the New York congressional delegation either, and one state Democratic operative said, "I think she's going to get a serious primary in 2010."
Carolyn McCarthy, formerly a colleague of Gillibrand's in the New York delegation to the United States House of Representatives, said that if Gillibrand was appointed, she would mount a primary campaign against her in 2010 if no other candidate who favored stricter gun control laws did so. McCarthy is known as a staunch advocate of gun control laws, after her husband was murdered in a 1993 commuter train shooting spree, while Gillibrand was endorsed by the National Rifle Association of America.New York Times. With Kennedy Out, N.R.A. Becomes Issue January 22, 2009 Gillibrand also served as a lawyer for Philip Morris, Inc.
Despite the potential for a primary challenge, Democratic Senatorial Campaign Committee chairman Bob Menendez, Senator from New Jersey, suggested that by the election, Gillibrand "will have convinced her fellow Democrats that she deserves their support." However, a February 2009 Quinnipiac University Polling Institute poll showed Gillibrand losing a hypothetical primary matchup to McCarthy, and Gillibrand was said to be worried that Governor Paterson's declining popularity would pull her down too. Congresswoman Carolyn Maloney and Manhattan Borough President Scott Stringer were also seriously considering a primary challenge to Gillibrand, as was Long Island Congressman Steve Israel. In April 2009, Stringer formed an exploratory committee towards that end. Despite the possible challenges, by April 2009 Gillibrand had raised $2.3 million in campaign funds since joining the Senate.
In May 2009, Obama persuaded Israel to forsake a run, in the interests of not having a messy primary. Obama's intervention was largely at the request of Gillibrand patron Charles Schumer. However, Congresswoman Maloney indicated that she was still considering a primary challenge and that Israel's decision would not influence hers. Several days later, Stringer said he would not run either, for the same reasons as Israel. In the wake of their withdrawals, Congressman José Serrano considered running for a while.