Bill Text: NY A08822 | 2023-2024 | General Assembly | Introduced

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Bill Title: Moves certain elections to odd-numbered years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-18 - referred to election law [A08822 Detail]

Download: New_York-2023-A08822-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8822

                   IN ASSEMBLY

                                    January 18, 2024
                                       ___________

        Introduced  by M. of A. WALSH -- read once and referred to the Committee
          on Election Law

        AN ACT to amend the town law, the village law, and  the  municipal  home
          rule  law,  in  relation  to  moving certain elections to odd-numbered
          years; and to repeal certain provisions of the county law and  chapter
          741  of  the  laws of 2023 amending the town law, the village law, the
          county law, and the municipal home rule law,  in  relation  to  moving
          certain elections to even-numbered years, in relation thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 80 of the town law, as amended by  chapter  741  of
     2  the laws of 2023, is amended to read as follows:
     3    §  80. Biennial town elections.  [Notwithstanding any provision of any
     4  general, special or local law,  charter,  code,  ordinance,  resolution,
     5  rule or regulation to the contrary] Except as otherwise provided in this
     6  chapter,  a  biennial  town election for the election of town officers[,
     7  other than town justices or any town office with a three-year term prior
     8  to January first, two thousand twenty-five,] and for  the  consideration
     9  of such questions as may be proposed by the town board or the duly qual-
    10  ified  electors,  pursuant  to  the provisions of this chapter, shall be
    11  held on the Tuesday next succeeding the  first  Monday  in  November  of
    12  every  [even-numbered]  odd-numbered  year. All other town elections are
    13  special elections. A town election or special town election held  pursu-
    14  ant  to  this  chapter,  shall  be construed as a substitute, for a town
    15  meeting or a special town meeting heretofore provided to be held by law,
    16  and a reference in any law to a town meeting  or  special  town  meeting
    17  shall  be  construed  as  referring  to  a town election or special town
    18  election. [Any town completely coterminous with a village shall  contin-
    19  ue to elect its officers, including town justices, in odd-numbered years
    20  if both such village and town last held such elections  in  an  odd-num-
    21  bered year prior to January  first,  two thousand twenty-five.]
    22    § 2. Subdivision 4 of section 17-1703-a of the village law, as amended
    23  by chapter 741 of the laws of 2023, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13426-02-4
        A. 8822                             2

     1    4.  In  any  case in which the proposition provided for in subdivision
     2  one of this section shall have resulted in favor of the local government
     3  operating principally as a town, then, at the regular  village  election
     4  next ensuing, all offices to be filled thereat shall be filled for terms
     5  to  end at the conclusion of the then current calendar year. The term of
     6  office of each other elected  village  office  shall  also  end  at  the
     7  conclusion  of said then current calendar year, notwithstanding that any
     8  such term of office originally extended beyond such date. The offices of
     9  supervisor, four town council members and two  town  justices  shall  be
    10  filled  by  election  as  hereinafter  provided  at the November general
    11  election next following the effective date of the creation of such  town
    12  or annexation of such territory; all other town offices shall be appoin-
    13  tive. The election of the supervisor, council members and justices shall
    14  be for terms of office as follows:
    15    (a)  If such election is held in an [even-numbered] odd-numbered year,
    16  then the term of office for  supervisor  shall  be  the  term  regularly
    17  provided  by  law;  the terms of office for two council members shall be
    18  the terms regularly provided by law and the  terms  for  the  other  two
    19  council members shall be two years each; the term for each justice shall
    20  be  the  term  regularly provided by law. Upon the expiration of the two
    21  year term for council members as above  provided,  the  terms  for  such
    22  offices shall be as regularly provided by law.
    23    (b)  If such election is held in an [odd-numbered] even-numbered year,
    24  then the term of office for supervisor shall be one year; the  terms  of
    25  office for council members shall be one year for two council members and
    26  three  years  for  the other two council members and the terms of office
    27  for each justice shall be for the remainder of the then unexpired terms.
    28  Thereafter, each office shall be filled for the term regularly  provided
    29  by law.
    30    §  3. Paragraphs g and h of subdivision 3 of section 34 of the munici-
    31  pal home rule law, paragraph g as amended and paragraph h  as  added  by
    32  chapter 741 of the laws of 2023, are amended to read as follows:
    33    g.  In this chapter or in the civil service law, eminent domain proce-
    34  dure law, environmental conservation law, election law,  executive  law,
    35  judiciary  law,  labor  law,  local  finance law, multiple dwelling law,
    36  multiple residence law, public  authorities  law,  public  housing  law,
    37  public  service  law,  railroad law, retirement and social security law,
    38  state finance law, volunteer firefighters' benefit law, volunteer  ambu-
    39  lance workers' benefit law, or workers' compensation law[; and
    40    h.  Insofar  as  it  relates  to requirements for counties, other than
    41  counties in the city of New York, to  hold  elections  in  even-numbered
    42  years  for  any  position  of  a county elected official, other than the
    43  office of sheriff, county clerk, district attorney, family court  judge,
    44  county  court judge, surrogate court judge, or any county offices with a
    45  three-year term prior to January first, two thousand twenty-five].
    46    § 4. Subdivision 8 of section 400 of the county law is REPEALED.
    47    § 5. Section 5 of chapter 741 of the laws of 2023 is REPEALED.
    48    § 6. This act shall take effect on the  same  date  and  in  the  same
    49  manner as chapter 741 of the laws of 2023, takes effect.