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.