Amd §15-130, El L; rpld §81 sub 2 ¶(b), §341 sub 13, amd §§85 & 87, Town L; add Art 7-B §§150 - 152, Gen Muni
L
Prohibits the at large election of any member of the governing or legislative body of a town or village by electors of such town or village; requires the election of such members by wards.
STATE OF NEW YORK
________________________________________________________________________
479
2023-2024 Regular Sessions
IN SENATE
January 4, 2023
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, the town law and the general municipal
law, in relation to prohibiting the at large election of members of
the legislative or governing body of towns and villages, and providing
for and requiring the election of such members by wards; to amend the
general municipal law, in relation to directing the department of
state and the legislative task force on demographic research and reap-
portionment to assist boards of election to establish wards, authoriz-
ing towns and villages to petition for a temporary exemption from such
requirements, and directing the attorney-general to report on such
exemptions; and to repeal certain provisions of the town law relating
to authorizing certain towns to establish ward systems of election
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 15-130 of the election law is amended to read as
2 follows:
3 § 15-130. Election of trustees by wards. The board of trustees of
4 [any] every village [may, by resolution, and subject to a mandatory
5 referendum,] shall provide for the election of trustees by wards, or
6 alter [existing] ward boundaries [or abolish wards and the election of
7 trustees by wards]. [If a village elects trustees by wards separate]
8 Separate ballot boxes or voting machines shall be provided for each
9 ward.
10 § 2. Paragraph (b) of subdivision 2 of section 81 of the town law is
11 REPEALED.
12 § 3. Section 85 of the town law, as amended by chapter 513 of the laws
13 of 2022, is amended to read as follows:
14 § 85. Ward system for election of council members. [1. Whenever a
15 proposition shall have been adopted in a town of the first class for the
16 establishment of the ward system and the election thereafter of one
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00526-01-3
S. 479 2
1 council member from each ward, the] The board of elections of the county
2 in which [such] a town is situate shall divide the town into four wards
3 and fix the boundaries thereof, unless a proposition shall have been
4 adopted to increase the number of council members from four to six, in
5 which instance, the board of elections shall divide the town into six
6 wards and fix the boundaries thereof. In so dividing the town into
7 wards, no town election district shall be divided and no election
8 district thereafter created under the election law shall contain parts
9 of two or more wards. So far as possible the division shall be so made
10 that the number of voters in each ward shall be approximately equal.
11 When the board of elections shall have finally determined the boundaries
12 of the wards, they shall cause a map of the town to be prepared showing
13 in detail the location of each ward and the boundaries thereof. The
14 original map so made shall be filed in the office of the town clerk and
15 copies thereof shall be filed in the offices of the county clerk and the
16 board of elections of the county. The ward system shall be deemed estab-
17 lished after such filing is complete. After a ward system shall have
18 been so established, the term of office of every town council member
19 shall terminate on the thirty-first day of December next succeeding the
20 first biennial town election held not less than one hundred twenty days
21 after the establishment of such ward system, and at such biennial town
22 election, and every biennial town election thereafter, one resident
23 elector of each ward shall be elected as council member therefrom for a
24 term of two years beginning on the first day of January next succeeding
25 such election.
26 [2. The ward system may be abolished upon the adoption of a proposi-
27 tion therefor at any special or biennial town election. At the first
28 biennial town election held at least one hundred twenty days after the
29 adoption of a proposition to abolish the ward system for election of
30 council members, the electors of the town shall elect one-half of the
31 total number of town council members for the term of two years each and
32 one-half of the total number of town council members for the term of
33 four years each. At each biennial town election held thereafter there
34 shall be elected one-half of the total number of town council members
35 for the term of four years each. The terms of all such council members
36 shall begin on the first day of January next succeeding the date of
37 their election.]
38 § 4. Section 87 of the town law, as amended by chapter 513 of the laws
39 of 2022, is amended to read as follows:
40 § 87. Increase [or decrease] of number of council members. [1.] When-
41 ever a proposition shall have been adopted in a town [of the first class
42 which shall not have established the ward system,] to increase the
43 number of council members from four to six, party nominations for town
44 council members may be made and designating petitions filed and four
45 town council members shall be elected at the first biennial town
46 election held at least one hundred fifty days thereafter, three for a
47 term of four years each and one for a term of two years and thereafter
48 at each biennial town election in such town there shall be elected three
49 town council members for the term of four years each, in the same manner
50 as other elective town officers in such town. The term of office of each
51 such council member shall begin on the first day of January next
52 succeeding the election at which they were elected.
53 [2. Whenever a proposition shall have been adopted in a town of the
54 first class which shall not have established the ward system, to
55 increase the number of council members from two to four, party nomi-
56 nations for town council members may be made and designating petitions
S. 479 3
1 filed and three town council members shall be elected at the first bien-
2 nial town election held at least one hundred fifty days thereafter, two
3 for terms of four years each and one for a term of two years, and there-
4 after at each biennial town election in such town, there shall be
5 elected two town council members for terms of four years each, in the
6 same manner as other elective town officers in such town. The term of
7 office of each such town council member shall begin on the first day of
8 January next succeeding the election at which they were elected.
9 3. Whenever a proposition shall have been adopted in a town of the
10 first class to reduce the number of council members from four to two, no
11 town council members shall be elected at the first biennial town
12 election held at least one hundred fifty days after the adoption of such
13 proposition. Party nominations for town council members may be made and
14 designating petitions filed and two town council members shall be
15 elected at the biennial town election next succeeding the biennial town
16 election at which no town council members are elected, one for a term of
17 two years and one for a term of four years and thereafter at each bien-
18 nial town election in such town there shall be elected one town council
19 member for a term of four years, in the same manner as other elective
20 town officers in such town. The term of office of each such council
21 member shall begin on the first day of January next succeeding the
22 election at which they were elected.]
23 § 5. Subdivision 13 of section 341 of the town law is REPEALED.
24 § 6. The general municipal law is amended by adding a new article 7-B
25 to read as follows:
26 ARTICLE 7-B
27 ELECTION BY WARDS IN
28 TOWNS AND VILLAGES
29 Section 150. At large elections prohibited.
30 151. Establishment of ward systems.
31 152. Temporary exemption.
32 § 150. At large elections prohibited. No member of the governing or
33 legislative body of a town or village shall be elected by the electors
34 of such town or village at large.
35 § 151. Establishment of ward systems. 1. The board of elections of the
36 county shall divide each town and village into such number of wards as
37 is equal to the number of members of the governing or legislative body
38 of such town or village; and shall fix the boundaries thereof. The divi-
39 sion thereof shall be so made that the number of eligible voters in each
40 ward shall be approximately equal.
41 2. The department of state and the legislative task force on demo-
42 graphic research and reapportionment shall provide to boards of
43 elections any and all assistance as may be necessary to implement the
44 provisions of this section.
45 3. Every ward established pursuant to this section shall be reappor-
46 tioned in the same year as congressional, assembly and senate districts
47 are reapportioned pursuant to section four of article three of the state
48 constitution.
49 § 152. Temporary exemption. 1. In the event a village or town is
50 unable to comply with the provisions of sections one hundred fifty and
51 one hundred fifty-one of this article for the first general election or
52 first general village election occurring after September first, two
53 thousand twenty-four, such town or village shall, not less than six
54 months prior to such election, submit an application to the department
55 of state and the department of law for an exemption from the provisions
56 of such sections which shall apply only to such first election. No such
S. 479 4
1 exemption shall be granted unless the application therefor is approved
2 jointly by the secretary of state and the attorney-general.
3 2. Upon the joint approval of any application submitted pursuant to
4 subdivision one of this section, the secretary of state and the attor-
5 ney-general shall provide the village or town and the appropriate board
6 of elections with a notice of such exemption. Such notice shall include:
7 (a) the specific reasons for the granting of the exemption;
8 (b) a timeline of actions that the town or village shall fulfill on or
9 before the succeeding general election or general village election; and
10 (c) a timeline of actions required to be completed for the election of
11 all members of the governing or legislative body of such town or village
12 during the succeeding calendar year.
13 3. Every town and village, granted an exemption pursuant to this
14 section, shall comply with all provisions of sections one hundred fifty
15 and one hundred fifty-one of this article for every election which
16 follows such first election for which an exemption was granted.
17 4. On or before the first of April in two thousand twenty-six, two
18 thousand twenty-seven and two thousand twenty-eight, the attorney-gener-
19 al shall submit reports to the governor and the legislature on the towns
20 and villages granted exemptions pursuant to this section. Each such
21 report shall include the name of the town or village, a description of
22 the problem in establishing wards, the population, the elected positions
23 involved, and the outcomes of the relevant elections.
24 § 7. This act shall take effect immediately and shall apply to general
25 elections and general village elections occurring after January 1, 2024.
