STATE OF NEW YORK
________________________________________________________________________
8668
2025-2026 Regular Sessions
IN ASSEMBLY
May 27, 2025
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Election Law
AN ACT to amend the public officers law, the second class cities law,
the alternative county government law and the county law, in relation
to requiring certain elections of public officials occur on even-num-
bered years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 4 of the public officers law, as
2 amended by chapter 9 of the laws of 1978, is amended to read as follows:
3 2. All terms of city officers, including supervisors, elected in any
4 city or part of a city, and of county officers in the city of New York,
5 shall expire at the end of an [odd-numbered] even-numbered year. Such
6 officers shall be elected, except to fill a vacancy, at the general
7 election in [odd-numbered] even-numbered years. [This subdivision shall
8 not apply to any judicial officer.]
9 § 2. Section 14 of the second class cities law is amended to read as
10 follows:
11 § 14. Elections. All elections of city officers, including supervisors
12 and judicial officers of a city court or inferior local court, shall be
13 held on the Tuesday succeeding the first Monday in November, and, except
14 to fill vacancies, in an [odd-numbered] even-numbered year. All such
15 elections shall be held at the same time and places as the general
16 election held in such year, and shall be conducted in all respects in
17 the same manner as general elections in cities are required to be
18 conducted, and all the provisions of law relative to such elections
19 shall be applicable to the election for officers of the city. In case of
20 the failure to elect an elective city officer, except as otherwise
21 provided herein, the office shall be deemed to be vacant for the purpose
22 of choosing a successor and the vacancy shall be filled in the manner
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01365-01-5
A. 8668 2
1 provided herein for the filling of a vacancy in such office happening
2 otherwise than by expiration of term.
3 § 3. Subdivision 2 of section 300 of the alternative county government
4 law is amended to read as follows:
5 2. If the comptroller is elective, the first comptroller elected under
6 the form adopted shall be elected at the first general election after
7 its adoption, except that, if the county has an elective county auditor
8 at the time of such adoption, the first comptroller shall be elected at
9 the general election in the last year of the term of the last county
10 auditor elected or, if the office of such auditor becomes vacant before
11 the last year of [his] such comptroller's term, at the next general
12 election thereafter at which the vacancy may be filled by the election
13 of a comptroller. The second comptroller shall be elected at the general
14 election in the [second odd-numbered] first even-numbered year after the
15 year in which the first comptroller is elected, and subsequent comp-
16 trollers shall be elected at the general election in every fourth year
17 thereafter. The term of office of the comptroller shall be four years
18 from and including the first day of January next following [his] such
19 election, except that the first comptroller elected shall serve for a
20 term of three years if [he] the comptroller is elected in an [even-num-
21 bered] odd-numbered year. A vacancy in the office of an elective comp-
22 troller occurring otherwise than by expiration of term shall be filled
23 by appointment by the board of supervisors and the person so appointed
24 shall hold office until the commencement of the calendar year next
25 succeeding the first general election at which the vacancy may be
26 filled.
27 § 4. Subdivision 1 of section 400 of the county law, as amended by
28 chapter 658 of the laws of 1985, is amended to read as follows:
29 1. Elective. There shall be elected a sheriff, county clerk, district
30 attorney and county treasurer. Except in the county of Lewis, coroners
31 shall continue to be elected as now provided by law until the office is
32 abolished or the number is increased or diminished pursuant to the
33 provisions of this chapter. Unless otherwise provided in this chapter,
34 the term of office of each such officer shall [continue to be three
35 years, except that the terms of office of sheriff, county clerk, county
36 treasurer and coroner shall] be four years from and including the first
37 day of January next succeeding [his] such officer's election. There
38 shall be elected a county judge, surrogate, and judge of the family
39 court as now or hereafter provided by law. The term of office of each
40 such judicial officer shall be ten years from and including the first
41 day of January next succeeding [his] such officer's election. The sher-
42 iff, county clerk, district attorney, county treasurer and coroner or
43 medical examiner shall be elected at a general election in an even-num-
44 bered year.
45 § 5. Notwithstanding any provision of any general, special or local
46 law, charter, code, ordinance, resolution, rule or regulation to the
47 contrary, an elected official subject to the requirements of sections
48 one, two, three, or four of this act, elected and serving their term as
49 of the effective date of this act shall complete their full term as
50 established by law. Provided, however, that if the completion of such
51 full term results in the need for an election in an odd-numbered year
52 after the effective date of this act, the official elected at such
53 election shall have their term expire as if such official were elected
54 at the previous general election held in the previous even-numbered
55 year.
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1 § 6. This act shall take effect on the same date as a "CONCURRENT
2 RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 21
3 of article 6, article 13, and section 6 of article 4 of the constitu-
4 tion, in relation to requiring certain elections be held in even-num-
5 bered years at the general election", takes effect, in accordance with
6 section 1 of article 19 of the constitution. Effective immediately, the
7 addition, amendment and/or repeal of any rule or regulation necessary
8 for the implementation of this act on its effective date are authorized
9 to be made and completed on or before such effective date.
