STATE OF NEW YORK
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10466
IN ASSEMBLY
May 29, 2024
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Walker) --
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] the
20 remainder of the term at the next general election occurring in an even-
21 numbered year held not less than three months after such vacancy occurs
22 and, until the vacancy shall be so filled, the mayor of the city of New
23 York may fill such vacancy by an appointment which shall continue until
24 and including the last day of December next after the election at which
25 the vacancy shall be filled. When a vacancy shall occur, otherwise than
26 by expiration of term on the last day of December of any year, in the
27 office of judge appointed to the family court within the city of New
28 York or the city-wide court of criminal jurisdiction of the city of New
29 York, the mayor of the city of New York shall fill such vacancy by an
30 appointment for the unexpired term.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89119-10-4
A. 10466 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 elections of city officers, including supervisors, elected in
28 any city or part of a city, and of county officers elected in any county
29 wholly included in a city, except to fill vacancies, shall be held on
30 the Tuesday succeeding the first Monday in November in an [odd-numbered]
31 even-numbered year, and the term of every such official or officer shall
32 expire at the end of an [odd-numbered] even-numbered year. [This section
33 shall not apply to elections of any judicial officer.]
34 § 4. Resolved (if the Senate concur), That section 3 of article 13 of
35 the constitution be amended to read as follows:
36 § 3. The legislature shall provide for filling vacancies in office,
37 and in case of elective officers, no person appointed to fill a vacancy
38 shall hold his or her office by virtue of such appointment longer than
39 the commencement of the political year next succeeding the first annual
40 election in an even-numbered year after the happening of the vacancy;
41 provided, however, in the case of a simultaneous vacancy in the offices
42 of governor and lieutenant-governor, such officers shall be elected as
43 required under section six of article four of this constitution; and
44 provided further, however, that nothing contained in this article shall
45 prohibit the filling of vacancies on boards of education, including
46 boards of education of community districts in the city school district
47 of the city of New York, by appointment until the next regular school
48 district election, whether or not such appointment shall extend beyond
49 the thirty-first day of December in any year.
50 § 5. Resolved (if the Senate concur), That section 6 of article 4 of
51 the constitution be amended to read as follows:
52 § 6. The lieutenant-governor shall possess the same qualifications of
53 eligibility for office as the governor. The lieutenant-governor shall be
54 the president of the senate but shall have only a casting vote therein.
55 The lieutenant-governor shall receive for his or her services an annual
56 salary to be fixed by joint resolution of the senate and assembly.
A. 10466 3
1 In case of vacancy in the offices of both governor and lieutenant-gov-
2 ernor, a governor and lieutenant-governor shall be elected for the
3 remainder of the term [at the next general election] on the Tuesday
4 succeeding the first Monday in November happening not less than three
5 months after both offices shall have become vacant. No election of a
6 lieutenant-governor shall be had in any event except at the time of
7 electing a governor.
8 In case of vacancy in the offices of both governor and lieutenant-gov-
9 ernor or if both of them shall be impeached, absent from the state or
10 otherwise unable to discharge the powers and duties of the office of
11 governor, the temporary president of the senate shall act as governor
12 until the inability shall cease or until a governor shall be elected.
13 In case of vacancy in the office of lieutenant-governor alone, or if
14 the lieutenant-governor shall be impeached, absent from the state or
15 otherwise unable to discharge the duties of office, the temporary presi-
16 dent of the senate shall perform all the duties of lieutenant-governor
17 during such vacancy or inability.
18 If, when the duty of acting as governor devolves upon the temporary
19 president of the senate, there be a vacancy in such office or the tempo-
20 rary president of the senate shall be absent from the state or otherwise
21 unable to discharge the duties of governor, the speaker of the assembly
22 shall act as governor during such vacancy or inability.
23 The legislature may provide for the devolution of the duty of acting
24 as governor in any case not provided for in this article.
25 § 6. Resolved (if the Senate concur), That subdivision (a) of section
26 13 of article 13 of the constitution be amended to read as follows:
27 (a) Except in counties in the city of New York and except as author-
28 ized in section one of article nine of this constitution, registers in
29 counties having registers shall be chosen by the electors of the respec-
30 tive counties once in every [three] four years in an even-numbered year
31 and whenever the occurring of vacancies shall require; the sheriff and
32 the clerk of each county shall be chosen by the electors once in every
33 [three or] four years in an even-numbered year as the legislature shall
34 direct. Sheriffs shall hold no other office. They may be required by
35 law to renew their security, from time to time; and in default of giving
36 such new security, their offices shall be deemed vacant. The governor
37 may remove any elective sheriff, county clerk, district attorney or
38 register within the term for which he or she shall have been elected;
39 but before so doing the governor shall give to such officer a copy of
40 the charges against him or her and an opportunity of being heard in his
41 or her defense. In each county a district attorney shall be chosen by
42 the electors once in every [three or] four years in an even-numbered
43 year as the legislature shall direct. The clerk of each county in the
44 city of New York shall be appointed, and be subject to removal, by the
45 appellate division of the supreme court in the judicial department in
46 which the county is located. In addition to his or her powers and duties
47 as clerk of the supreme court, he or she shall have power to select,
48 draw, summon and empanel grand and petit jurors in the manner and under
49 the conditions now or hereafter prescribed by law, and shall have such
50 other powers and duties as shall be prescribed by the city from time to
51 time by local law.
52 § 7. Resolved (if the Senate concur), That the foregoing amendments be
53 referred to the first regular legislative session convening after the
54 next succeeding general election of members of the assembly, and, in
55 conformity with section 1 of article 19 of the constitution, be
56 published for 3 months previous to the time of such election.
