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New York, State Senate, District 5

New York State Senate District 5
Current incumbentJames Gaughran Democratic Party

New York's fifth state senate district is represented by Democratic Senator James Gaughran.

New York state senators represent an average of 312,550 residents, as of the 2010 Census. After the 2000 Census, each member represented 306,072 residents.

About the office

Members of the New York State Senate serve two-year terms and are not subject to term limits. New York legislators assume office the first Wednesday in January. When the first Wednesday in January falls on January 1, it shall meet the next Wednesday.

Qualifications

Article 3, Section 7 of the New York Constitution states: "No person shall serve as a member of the legislature unless he or she is a citizen of the United States and has been a resident of the state of New York for five years, and, except as hereinafter otherwise prescribed, of the assembly or senate district for the twelve months immediately preceding his or her election; if elected a senator or member of assembly at the first election next ensuing after a readjustment or alteration of the senate or assembly districts becomes effective, a person, to be eligible to serve as such, must have been a resident of the county in which the senate or assembly district is contained for the twelve months immediately preceding his or her election. No member of the legislature shall, during the time for which he or she was elected, receive any civil appointment from the governor, the governor and the senate, the legislature or from any city government, to an office which shall have been created, or the emoluments whereof shall have been increased during such time."

Salaries

State legislators
SalaryPer diem
$110,000/year$174/day (including overnight) or $59/day (no overnight).

Pension

Some legislators in New York are able to begin collecting a state pension while still serving in office and also receiving their normal salary. Under state law, if a lawmaker took office prior to 1995, they are eligible to begin collecting an annual pension once they turn 65. Those who took office after 1994 are not able to collect a pension while still in office. As of 2011, Rep. Herman Farrell (D) was the highest-paid state legislator, collecting his $113,500 salary as well as a pension of $81,619.

Vacancies

If there is a vacancy in the senate, a special election must be held to fill the vacant seat. An election can be held as long the vacancy happened before April 1st in an election year. The person elected to fill the vacant seat serves for the remainder of the unexpired term.

2016 pivot county

206 Pivot Counties Logo.png

This district is one of 710 state legislative districts that intersects with one or more Pivot Counties. These 206 Pivot Counties voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012.

The 206 Pivot Counties are located in 34 states. Iowa, with 31, had the most such counties. The partisan makeup of state legislative districts intersecting with Pivot Counties is slightly more Republican than the overall partisan makeup of state legislatures throughout the country.

Elections

2020

Elections for the office of New York State Senate will take place in 2020. The general election will be held on November 3, 2020. A primary is scheduled for June 23, 2020. The filing deadline is April 2, 2020.

2018

General election
General election for New York State Senate District 5

James Gaughran (D) defeated incumbent Carl Marcellino (R) in the general election for New York State Senate District 5 on November 6, 2018.

Candidate
%
Votes

James Gaughran (D)
54.9
68,027

Carl Marcellino (R)
45.1
55,825
Other/Write-in votes
0.0
29

Total votes: 123,881
(100.00% precincts reporting)
Democratic primary election
Democratic primary for New York State Senate District 5

James Gaughran advanced from the Democratic primary for New York State Senate District 5 on September 13, 2018.

Candidate

James Gaughran (D)

Republican primary election
Republican primary for New York State Senate District 5

Incumbent Carl Marcellino advanced from the Republican primary for New York State Senate District 5 on September 13, 2018.

Candidate

Carl Marcellino (R)

2016

Elections for the New York State Senate took place in 2016. The primary election took place on September 13, 2016, and the general election was held on November 8, 2016. The filing deadline for major party candidates was July 14, 2016. The filing deadline for independent candidates was August 23, 2016.

Incumbent Carl Marcellino defeated James Gaughran in the New York State Senate District 5 general election.

New York State Senate, District 5 General Election, 2016

Party Candidate Vote % Votes
Republican Green check mark transparent.png Carl Marcellino Incumbent 50.60% 74,024
Democratic James Gaughran 49.40% 72,265
Total Votes 146,289
Source: New York Board of Elections

James Gaughran ran unopposed in the New York State Senate District 5 Democratic primary.

New York State Senate, District 5 Democratic Primary, 2016

Party Candidate
Democratic Green check mark transparent.png James Gaughran (unopposed)
Gaughran also ran on the Working Families and Women's Equality party tickets.
Incumbent Carl Marcellino ran unopposed in the New York State Senate District 5 Republican primary.

New York State Senate, District 5 Republican Primary, 2016

Party Candidate
Republican Green check mark transparent.png Carl Marcellino Incumbent (unopposed)
Marcellino also ran on the Conservative, Independence, and Reform party tickets.

2014

Elections for the New York State Senate took place in 2014. A primary election took place on September 9, 2014. The general election took place November 4, 2014. The signature filing deadline for candidates wishing to run in this election was July 10, 2014. Bruce Kennedy, Jr. was unopposed in the Democratic primary, while incumbent Carl Marcellino was unopposed in the Republican primary. Marcellino also ran on the Conservative Party and Independence Party of New York State tickets. Georgina Bowman ran as a Libertarian candidate. Marcellino defeated Kennedy and Bowman in the general election.

New York State Senate District 5, General Election, 2014

Party Candidate Vote % Votes
Republican Green check mark transparent.pngCarl Marcellino Incumbent 57.6% 46,476
Democratic Bruce Kennedy, Jr. 36.9% 29,732
None Blank 4.5% 3,599
Libertarian Georgina Bowman 0.9% 738
None Void 0.1% 96
None Scattering 0% 20
Total Votes 80,661

2012

Elections for the office of New York State Senate consisted of a primary election on September 13, 2012, and a general election on November 6, 2012. The signature-filing deadline for candidates wishing to run in this election was July 12, 2012. Incumbent Carl Marcellino (R) defeated David Wright (D) in the general election. Marcellino -- who also ran on the Conservative Party and Independence Party tickets -- was unopposed in the Republican primary. Wright was unopposed in the Democratic primary.

New York State Senate, District 5, General Election, 2012

Party Candidate Vote % Votes
Republican Green check mark transparent.pngCarl Marcellino Incumbent 59.8% 73,824
Democratic David Wright 40.2% 49,528
Total Votes 123,352

Campaign contributions

From 2002 to 2016, candidates for New York State Senate District 5 raised a total of $4,825,165. Candidates who raised money in contributions earned $209,790 on average. All figures come from Follow the Money.

Campaign contributions, New York State Senate District 5

Year Amount Candidates Average
2016 $1,498,881 2 $749,441
2014 $390,385 3 $130,128
2012 $281,827 2 $140,914
2010 $273,919 2 $136,960
2008 $393,230 2 $196,615
2006 $320,808 2 $160,404
2004 $1,077,472 3 $359,157
2002 $206,223 3 $68,741
2000 $382,420 4 $95,605
Total $4,825,165 23 $209,790