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S06245 Summary:

BILL NOS06245
 
SAME ASNo Same As
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd §15-104, El L; amd §§3-302, 9-910 & 16-1600, Vil L
 
Requires village elections occurring on the same date as the general election take place on even numbered years.
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S06245 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6245
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      March 7, 2025
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections
 
        AN ACT to amend the election law and the village  law,  in  relation  to
          requiring village elections on the same date as general elections take
          place on even numbered years

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 15-104 of  the  election  law,  as
     2  amended  by  chapter  248 of the laws of 1983, paragraph b as amended by
     3  chapter 565 of the laws of 1998, paragraph c as amended by  chapter  359
     4  of  the  laws  of 1989, and paragraph d as amended by chapter 684 of the
     5  laws of 2006, is amended to read as follows:
     6    1. a. The general village election shall be held on the third  Tuesday
     7  in  March  except  in  any  village which presently elects, or hereafter
     8  adopts a proposition to elect, its officers on a  date  other  than  the
     9  third  Tuesday  in March. Villages that have elections on the day of the
    10  general election in November shall hold such elections on the day of the
    11  general election in even numbered years.
    12    b. In any village in which the general village election, or a  special
    13  village  election for officers pursuant to this chapter, is scheduled to
    14  be held on the third Tuesday of March, for any year in which the  seven-
    15  teenth day of March shall fall on such Tuesday, the board of trustees of
    16  such  village shall provide, by the resolution prescribed by paragraph b
    17  of subdivision three of this section, that such election shall  be  held
    18  on  the  eighteenth  day of March. Any provision of a resolution adopted
    19  pursuant to this subdivision shall not  otherwise  alter  the  political
    20  calendar for any such election, which shall continue to be computed from
    21  the  third  Tuesday of March. Notwithstanding the provisions of subdivi-
    22  sion five of this section, any provision of a resolution adopted  pursu-
    23  ant  to  this  subdivision  shall be effective only if such provision is
    24  specifically published as provided by this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00941-01-5

        S. 6245                             2
 
     1    c. The board of trustees of a village may adopt a resolution,  subject
     2  to  a  permissive  referendum as provided in article nine of the village
     3  law, providing that village elections shall be conducted by the board of
     4  elections. The board of trustees of a village which has adopted  such  a
     5  resolution and which is wholly in one county may also adopt a resolution
     6  providing  that  village elections shall occur on the day of the general
     7  election in even numbered years provided that all the election districts
     8  contained within such village  are  wholly  within  such  village.  Upon
     9  approval of such a resolution by the board of trustees and, if requested
    10  by  petition, approval by a vote of the qualified voters of the village,
    11  the county board  of  elections  shall  conduct  all  village  elections
    12  including in those cases in which such village elections are held on the
    13  day  of the general election, primary elections, if any. Such resolution
    14  shall be effective for all elections in such village held more than  six
    15  months after such resolution is adopted, provided however, that a resol-
    16  ution  providing  that  village  elections shall occur on the day of the
    17  general election in even numbered years, shall  be  effective  for  such
    18  elections  in  such  village for which the primary election is held more
    19  than six months after such resolution is adopted.
    20    d. Except as otherwise provided by law, to be  elected  in  a  village
    21  election,  a  candidate must receive more votes than any other candidate
    22  for the office. In the event of a tie at a village election,  a  run-off
    23  election shall be conducted pursuant to the provisions of section 15-126
    24  of  this article; provided, however, that if all candidates receiving an
    25  equal number of votes agree to waive a run-off  election,  the  election
    26  shall be determined according to the provisions of paragraph d of subdi-
    27  vision two of section 15-126 of this article.
    28    §  2. Paragraph a of subdivision 7 of section 3-302 of the village law
    29  is amended to read as follows:
    30    a. The board of trustees of any village which has  provided  that  the
    31  terms of office of all trustees, or the terms of office of mayor and all
    32  trustees  shall  be  four  years, may, subject to permissive referendum,
    33  adopt a separate resolution or local law providing that general  village
    34  elections  shall  be held biennially in the odd numbered years or in the
    35  even numbered years, as they shall determine,  or  may  include  in  any
    36  resolution  or local law providing that the terms of office of all trus-
    37  tees, or the terms of office of mayor and all  trustees  shall  be  four
    38  years,  a provision that general village elections shall be held bienni-
    39  ally in the odd numbered years or in the even numbered years;  provided,
    40  however,  that  such  general  village  elections held on the day of the
    41  general election shall be held on even numbered years.  No  such  resol-
    42  ution  or  local law, however, shall become effective within thirty days
    43  prior to a general village election.
    44    § 3. Subdivision 8 of section 9-910 of the village law is  amended  to
    45  read as follows:
    46    8.  No  special election shall be held hereunder in the [month] months
    47  of March, October, or November.
    48    § 4. The third  undesignated  paragraph  of  section  16-1600  of  the
    49  village law is amended to read as follows:
    50    A  proposition for the reincorporation of a village under this article
    51  shall not be submitted at a special election during the months of Febru-
    52  ary [or], March, October, or November.
    53    § 5. Notwithstanding  any provision of any general, special  or  local
    54  law,  charter,  code,  ordinance,  resolution, rule or regulation to the
    55  contrary, a village elected official, subject  to  the  requirements  of
    56  sections one, two, three, or four of this act, elected and serving their

        S. 6245                             3
 
     1  term  as  of  the  first of January next succeeding the date on which it
     2  shall have become a law shall complete their full term as established by
     3  law. Provided, however, that   if   the completion  of  such  full  term
     4  results  in  the  need for an election in an odd-numbered year after the
     5  first of January next succeeding the date on which it shall have  become
     6  a  law,  the  village official elected at such election shall have their
     7  term expire as if such official were elected  at  the  previous  general
     8  election held in an even-numbered year.
     9    §  6.  Severability.  If  any provision of this act is held invalid or
    10  ineffective in whole or in part or inapplicable to any person  or  situ-
    11  ation, such invalidity or holding shall not affect, impair or invalidate
    12  other  provisions  or  applications of this act that can be given effect
    13  without the invalid provision or application, and all  other  provisions
    14  thereof  shall  nevertheless  be  separately and fully effective, and to
    15  this end the provisions of this act are declared to be severable.
    16    § 7. This act shall take effect on the first of January next  succeed-
    17  ing the date on which it shall have become a law. Effective immediately,
    18  the  addition,  amendment and/or repeal of any rule or regulation neces-
    19  sary for the implementation of  this  act  on  its  effective  date  are
    20  authorized to be made and completed on or before such effective date.
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