Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.
STATE OF NEW YORK
________________________________________________________________________
5812
2009-2010 Regular Sessions
IN SENATE
June 8, 2009
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to requiring voter
approval for the abolition or modification of term limits for certain
elected offices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 1-108
2 to read as follows:
3 § 1-108. Voter approval for modification of term limits. Notwithstand-
4 ing any other provision of law to the contrary, where the term of office
5 of an elected official has been limited by referendum or proposition
6 (hereinafter, "referendum"), a legislative body within the governmental
7 or political subdivision impacted by the term limitation or restriction
8 is prohibited from modifying or abolishing such term limitation or
9 restriction by legislative action. In order for a legislative body to
10 modify or abolish a term limitation or restriction initially imposed by
11 referendum, such legislative body must submit a resolution to the appro-
12 priate qualified electors or voters (hereinafter, "electors") for their
13 approval at a regular or special election (hereinafter, "second referen-
14 dum"). Such resolution shall be adopted by the appropriate legislative
15 body at least ninety days prior to the date that the second referendum
16 is conducted. No such resolution shall become effective until approved
17 by the affirmative vote of the majority of the appropriate qualified
18 electors voting on such second referendum. The vote on such second
19 referendum shall be conducted pursuant to the rules and regulations of
20 the state board of elections; provided that such vote shall be taken no
21 later than the first Tuesday in March in the same year that a general
22 election is scheduled to be held for the office or offices subject to
23 term limit modification or abolishment. If the appropriate legislative
24 body puts forth such a resolution and if a majority of the votes cast on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03701-08-9
S. 5812 2
1 any such second referendum when submitted as provided in this section
2 shall be in the affirmative, the terms of office of those elected offi-
3 cers included in such second referendum and thereafter elected shall be
4 as provided in such second referendum. The referendum process required
5 by this section shall not prohibit or in any way alter the process by
6 which a term limitation can be modified or abolished by a citizen or
7 publicly initiated referendum otherwise authorized by the law of the
8 relevant jurisdiction. This section shall supersede any other state law
9 or regulation, city charter or political subdivision law, rule, regu-
10 lation, code or ordinance to the contrary. For the purposes of this
11 section the terms "elected official" and "elected office" shall mean an
12 elected official or elected office of any county, city, municipality,
13 town, village or political subdivision, except judges or justices of the
14 unified court system.
15 § 2. This act shall take effect January 1, 2010.
