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A08560 Summary:

BILL NOA08560D
 
SAME ASSAME AS S06197-D
 
SPONSORPaulin
 
COSPNSRSillitti, Griffin, Burdick, Walker, Darling, Dickens, Ramos, Burgos
 
MLTSPNSR
 
Amd §7-104, El L; amd §80, Town L; amd §17-1703-a, Vil L; amd §400, County L
 
Provides that certain local elections outside of New York City shall be in an even-numbered year.
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A08560 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8560--D
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  SILLITTI, GRIFFIN, BURDICK, WALKER,
          DARLING, DICKENS, RAMOS, BURGOS --  read  once  and  referred  to  the
          Committee  on Election Law -- recommitted to the Committee on Election
          Law  in  accordance  with  Assembly  Rule  3,  sec.  2  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said  committee
          --  again  reported  from  said  committee  with  amendments,  ordered
          reprinted as amended  and  recommitted  to  said  committee  --  again
          reported  from  said  committee  with amendments, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the town law, the village law, the county  law  and  the
          election law, in relation to moving certain elections to even-numbered
          years
 
          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 is amended to read as follows:
     2    § 80. Biennial town elections. [Except as otherwise provided  in  this
     3  chapter,  a]  A biennial town election for the election of town officers
     4  and for the consideration of such questions as may be  proposed  by  the
     5  town board or the duly qualified electors, pursuant to the provisions of
     6  this  chapter,  shall  be  held on the Tuesday next succeeding the first
     7  Monday in November of every [odd-numbered] even-numbered year. All other
     8  town elections are special elections. A town election  or  special  town
     9  election  held pursuant to this chapter, shall be construed as a substi-
    10  tute, for a town meeting or a special town meeting  heretofore  provided
    11  to  be  held  by  law,  and  a reference in any law to a town meeting or
    12  special town meeting shall be construed as referring to a town  election
    13  or special town election.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08253-23-2

        A. 8560--D                          2
 
     1    §  2.  Subdivision 4 of section 17-1703-a of the village law, as added
     2  by chapter 960 of the laws of 1977 and the opening paragraph as  amended
     3  by chapter 30 of the laws of 2013, is amended to read as follows:
     4    4.  In  any  case in which the proposition provided for in subdivision
     5  one of this section shall have resulted in favor of the local government
     6  operating principally as a town, then, at the regular  village  election
     7  next ensuing, all offices to be filled thereat shall be filled for terms
     8  to  end at the conclusion of the then current calendar year. The term of
     9  office of each other elected  village  office  shall  also  end  at  the
    10  conclusion  of said then current calendar year, notwithstanding that any
    11  such term of office originally extended beyond such date. The offices of
    12  supervisor, four town councilmen and two town justices shall  be  filled
    13  by  election  as  hereinafter  provided at the November general election
    14  next following the effective date of the creation of such town or  anne-
    15  xation  of  such  territory; all other town offices shall be appointive.
    16  The election of the supervisor, councilmen and  justices  shall  be  for
    17  terms of office as follows:
    18    (a)  If such election is held in an [odd-numbered] even-numbered year,
    19  then the term of office for  supervisor  shall  be  the  term  regularly
    20  provided  by  law;  the  terms of office for two councilmen shall be the
    21  terms regularly provided by law and the terms for the other two council-
    22  men shall be two years each; the term for each justice shall be the term
    23  regularly provided by law. Upon the expiration of the two year term  for
    24  councilmen  as  above  provided,  the terms for such offices shall be as
    25  regularly provided by law.
    26    (b) If such election is held in an [even-numbered] odd-numbered  year,
    27  then  the  term of office for supervisor shall be one year; the terms of
    28  office for councilmen shall be one year for  two  councilmen  and  three
    29  years  for  the  other  two  councilmen and the terms of office for each
    30  justice shall be for the remainder of the then unexpired  terms.  There-
    31  after,  each  office  shall be filled for the term regularly provided by
    32  law.
    33    § 3. Subdivision 11 of section 7-104 of the election law, as added  by
    34  chapter 411 of the laws of 2019, is amended to read as follows:
    35    11.  [The  offices  appearing  on  all  ballots shall be listed in the
    36  customary order] (a) The offices appearing on all ballots shall be list-
    37  ed in the order of precedence, as  applicable  to  the  offices  up  for
    38  election in any given year, as follows: electors for president and vice-
    39  president  of  the  United States, governor and lieutenant governor, New
    40  York state comptroller, New York state attorney general,  United  States
    41  senator, member of the house of representatives, New York state senator,
    42  member of the New York state assembly. Any office which is not listed in
    43  this  paragraph  shall  not appear on the ballot in a position before or
    44  ahead of an office which is listed.
    45    (b) Immediately following the offices in paragraph (a) of this  subdi-
    46  vision, all other offices shall be placed upon the ballot in the custom-
    47  ary  order;  provided,  further, that partisan offices regardless of the
    48  size of the constituency shall be listed before or ahead of  nonpartisan
    49  offices  and  all candidates for judicial offices shall follow all other
    50  partisan offices.
    51    § 4. Section 400 of the county law is amended by adding a new subdivi-
    52  sion 8 to read as follows:
    53    8. All elections for any position of a county elected  official  shall
    54  occur  on  the  Tuesday next succeeding the first Monday in November and
    55  shall occur in an even-numbered year; provided however, this subdivision
    56  shall not apply to an election for the office of sheriff, county  clerk,

        A. 8560--D                          3
 
     1  district  attorney,  family  court  judge, county court judge, surrogate
     2  court judge, town justice, or any offices with a three-year term  as  of
     3  the effective date of this subdivision.
     4    § 5. Notwithstanding any inconsistent provision of law or of any other
     5  general,  special,  or  local  law,  a  county elected official, or town
     6  elected official elected and serving their term as of  January  1,  2024
     7  shall  complete  their  full  term  as  established in local law.   This
     8  section shall not apply to an election for the office of sheriff, county
     9  clerk, district attorney, family court judge, county court judge, surro-
    10  gate court judge, and town justice.
    11    § 6.  Any county or town official that is elected in  an  odd-numbered
    12  year  after  January  1,  2024,  shall have their term expire as if such
    13  official were elected at the previous general election held in an  even-
    14  numbered  year; provided however in no event shall such expiration occur
    15  later than December 31 of such following year. Such term shall be appli-
    16  cable to any general, special, or local law pertaining to  term  limits.
    17  Nothing  in this section shall prohibit a county or town from enacting a
    18  local law to alter or permit alteration of  an  official's  term  limit.
    19  This  section  shall not apply to an election for the office of sheriff,
    20  county clerk, district attorney, family court judge, county court judge,
    21  surrogate court judge, and town justice.
    22    § 7. Severability. If any provision of this act  is  held  invalid  or
    23  ineffective  in  whole or in part or inapplicable to any person or situ-
    24  ation, such invalidity or holding shall not affect, impair or invalidate
    25  other provisions or applications of this act that can  be  given  effect
    26  without  the  invalid provision or application, and all other provisions
    27  thereof shall nevertheless be separately and  fully  effective,  and  to
    28  this end the provisions of this act are declared to be severable.
    29    §  8.  This  act  shall take effect immediately; provided however that
    30  sections one, two, three and four of this act shall take effect  January
    31  1, 2024.
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