Bill Text: NY A10538 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain elections take place in even-numbered years for certain municipal and judicial officials except in the city of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-10 - opinion referred to judiciary [A10538 Detail]

Download: New_York-2023-A10538-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10538

                   IN ASSEMBLY

                                      June 3, 2024
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jacobson) --
          read once and referred to the Committee on Election Law

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing amendments to section 21 of article 6, article 13, and section
          6  of  article 4 of the constitution, in relation to requiring certain
          elections be held in even-numbered years at the general election

     1    Section 1. Resolved (if the Senate concur), That section 21 of article
     2  6 of the constitution be amended to read as follows:
     3    § 21. a. When a vacancy shall occur, otherwise than by  expiration  of
     4  term,  in  the  office  of justice of the supreme court, of judge of the
     5  county court, of judge of the surrogate's court or judge of  the  family
     6  court  outside the city of New York, it shall be filled for [a full] the
     7  remainder of the term at the next general election occurring in an even-
     8  numbered year held not less than three months after such vacancy  occurs
     9  and,  until the vacancy shall be so filled, the governor by and with the
    10  advice and consent of the senate, if the senate shall be in session, or,
    11  if the senate not be in session, the governor may fill such  vacancy  by
    12  an  appointment which shall continue until and including the last day of
    13  December next after the election at which the vacancy shall be filled.
    14    b. When a vacancy shall occur, otherwise than by expiration  of  term,
    15  in  the  office  of judge of the court of claims, it shall be filled for
    16  the unexpired term in the same manner as an original appointment.
    17    c. When a vacancy shall occur, otherwise than by expiration  of  term,
    18  in the office of judge elected to the city-wide court of civil jurisdic-
    19  tion  of the city of New York, it shall be filled for a full term at the
    20  next general election held not less than three months after such vacancy
    21  occurs and, until the vacancy shall be so filled, the mayor of the  city
    22  of New York may fill such vacancy by an appointment which shall continue
    23  until  and including the last day of December next after the election at
    24  which the vacancy shall be filled. When a vacancy shall occur, otherwise
    25  than by expiration of term on the last day of December of any  year,  in
    26  the office of judge appointed to the family court within the city of New
    27  York  or the city-wide court of criminal jurisdiction of the city of New
    28  York, the mayor of the city of New York shall fill such  vacancy  by  an
    29  appointment for the unexpired term.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89143-01-4
        A. 10538                            2

     1    d.  When  a vacancy shall occur, otherwise than by expiration of term,
     2  in the office of judge of the district court, it shall be filled for  [a
     3  full]  the  remainder of the term at the next general election occurring
     4  in an even-numbered year held not less  than  three  months  after  such
     5  vacancy  occurs  and, until the vacancy shall be so filled, the board of
     6  supervisors or the supervisor or supervisors of the affected district if
     7  such district consists of a portion of a county or, in counties with  an
     8  elected  county  executive  officer,  such county executive officer may,
     9  subject to confirmation by the board of supervisors or the supervisor or
    10  supervisors of such district, fill such vacancy by an appointment  which
    11  shall  continue  until and including the last day of December next after
    12  the election at which the vacancy shall be filled.
    13    § 2. Resolved (if the Senate concur), That article 13 of the constitu-
    14  tion be amended by adding two new sections 9 and 10 to read as follows:
    15    § 9. All elections of judicial officers, other than  village  judicial
    16  officers,  shall be elected at the election held on the Tuesday succeed-
    17  ing the first Monday in November in an even-numbered year, and the  term
    18  of every such officer shall expire at the end of an even-numbered year.
    19    §  10.  Notwithstanding  any other provision of this constitution, the
    20  legislature may enact laws which provide for the election of an elective
    21  officer of the state or any political subdivision of the state  to  take
    22  place  on the Tuesday succeeding the first Monday in November in an odd-
    23  numbered year for a term which will cause such officer's term to  expire
    24  at the end of an even-numbered year.
    25    §  3. Resolved (if the Senate concur), That section 8 of article 13 of
    26  the constitution be amended to read as follows:
    27    § 8. [All] Aside from the city of New  York,  all  elections  of  city
    28  officers,  including supervisors, elected in any city or part of a city,
    29  [and of county officers elected in  any  county  wholly  included  in  a
    30  city,] except to fill vacancies, shall be held on the Tuesday succeeding
    31  the  first  Monday  in November in an [odd-numbered] even-numbered year,
    32  and the term of every such official or officer shall expire at  the  end
    33  of  an  [odd-numbered] even-numbered year. [This section shall not apply
    34  to elections of any judicial officer.]
    35    § 4. Resolved (if the Senate concur), That section 3 of article 13  of
    36  the constitution be amended to read as follows:
    37    §  3.  The  legislature shall provide for filling vacancies in office,
    38  and in case of elective officers, no person appointed to fill a  vacancy
    39  shall hold [his or her] such office by virtue of such appointment longer
    40  than  the  commencement  of the political year next succeeding the first
    41  annual election in an even-numbered year  after  the  happening  of  the
    42  vacancy; provided, however, in the case of a simultaneous vacancy in the
    43  offices  of  governor  and  lieutenant-governor,  such officers shall be
    44  elected as required under section six of article four of this  constitu-
    45  tion;  and  provided  further,  however,  that nothing contained in this
    46  article shall prohibit the filling of vacancies on boards of  education,
    47  including  boards of education of community districts in the city school
    48  district of the city of New York, by appointment until the next  regular
    49  school  district  election, whether or not such appointment shall extend
    50  beyond the thirty-first day of December in any year.
    51    § 5. Resolved (if the Senate concur), That section 6 of article  4  of
    52  the constitution be amended to read as follows:
    53    §  6. The lieutenant-governor shall possess the same qualifications of
    54  eligibility for office as the governor. The lieutenant-governor shall be
    55  the president of the senate but shall have only a casting vote  therein.
    56  The  lieutenant-governor shall receive for [his or her] such lieutenant-
        A. 10538                            3

     1  governor services an annual salary to be fixed by  joint  resolution  of
     2  the senate and assembly.
     3    In case of vacancy in the offices of both governor and lieutenant-gov-
     4  ernor,  a  governor  and  lieutenant-governor  shall  be elected for the
     5  remainder of the term [at the next  general  election]  on  the  Tuesday
     6  succeeding  the  first  Monday in November happening not less than three
     7  months after both offices shall have become vacant.  No  election  of  a
     8  lieutenant-governor  shall  be  had  in  any event except at the time of
     9  electing a governor.
    10    In case of vacancy in the offices of both governor and lieutenant-gov-
    11  ernor or if both of them shall be impeached, absent from  the  state  or
    12  otherwise  unable  to  discharge  the powers and duties of the office of
    13  governor, the temporary president of the senate shall  act  as  governor
    14  until the inability shall cease or until a governor shall be elected.
    15    In  case  of vacancy in the office of lieutenant-governor alone, or if
    16  the lieutenant-governor shall be impeached, absent  from  the  state  or
    17  otherwise unable to discharge the duties of office, the temporary presi-
    18  dent  of  the senate shall perform all the duties of lieutenant-governor
    19  during such vacancy or inability.
    20    If, when the duty of acting as governor devolves  upon  the  temporary
    21  president of the senate, there be a vacancy in such office or the tempo-
    22  rary president of the senate shall be absent from the state or otherwise
    23  unable  to discharge the duties of governor, the speaker of the assembly
    24  shall act as governor during such vacancy or inability.
    25    The legislature may provide for the devolution of the duty  of  acting
    26  as governor in any case not provided for in this article.
    27    §  6. Resolved (if the Senate concur), That subdivision (a) of section
    28  13 of article 13 of the constitution be amended to read as follows:
    29    (a) Except in counties in the city of New York and except  as  author-
    30  ized  in  section one of article nine of this constitution, registers in
    31  counties having registers shall be chosen by the electors of the respec-
    32  tive counties once in every [three] four years in an even-numbered  year
    33  and  whenever  the occurring of vacancies shall require; the sheriff and
    34  the clerk of each county shall be chosen by the electors once  in  every
    35  [three  or] four years in an even-numbered year as the legislature shall
    36  direct. Sheriffs shall hold no other office.   They may be  required  by
    37  law to renew their security, from time to time; and in default of giving
    38  such  new  security,  their offices shall be deemed vacant. The governor
    39  may remove any elective sheriff,  county  clerk,  district  attorney  or
    40  register  within  the  term for which [he or she] such elective sheriff,
    41  county clerk, district attorney or register shall have been elected; but
    42  before so doing the governor shall give to such officer a  copy  of  the
    43  charges  against  [him  or  her]  such  elective  sheriff, county clerk,
    44  district attorney or register and an opportunity of being heard in  [his
    45  or her] such elective sheriff, county clerk, district attorney or regis-
    46  ter's defense. In each county a district attorney shall be chosen by the
    47  electors once in every [three or] four years in an even-numbered year as
    48  the  legislature  shall  direct. The clerk of each county in the city of
    49  New York shall be appointed, and be subject to removal, by the appellate
    50  division of the supreme court in the judicial department  in  which  the
    51  county  is located. In addition to [his or her] the powers and duties as
    52  clerk of the supreme court, [he or she] such clerk of the supreme  court
    53  shall  have  power  to  select, draw, summon and empanel grand and petit
    54  jurors  in  the  manner  and  under  the  conditions  now  or  hereafter
    55  prescribed  by law, and shall have such other powers and duties as shall
    56  be prescribed by the city from time to time by local law.
        A. 10538                            4

     1    § 7. Resolved (if the Senate concur), That the foregoing amendments be
     2  referred to the first regular legislative session  convening  after  the
     3  next  succeeding  general  election  of members of the assembly, and, in
     4  conformity with  section  1  of  article  19  of  the  constitution,  be
     5  published for 3 months previous to the time of such election.