New York State Assembly

 
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A04282 Summary:

A04282 Actions:

A04282 Committee Votes:

Committee:RULES   Chair:Pretlow      
DATE:06/08/2023AYE/NAY:19/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Excused
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Nay
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/08/2023AYE/NAY:13/7  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Reilly
Nay
Cook
Aye
Mikulin
Nay
O'Donnell
Excused
Tannousis
Nay
Lavine
Aye
Curran
Nay
Weprin
Aye
Angelino
Nay
Hevesi
Excused
Flood
Nay
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

A04282 Floor Votes:

A04282 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4282--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  SILLITTI, WALKER, DARLING, DICKENS,
          RAMOS, BURGOS -- read once and referred to the Committee  on  Election
          Law  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee
 
        AN ACT to amend the town law, the village law, the county law,  and  the
          municipal  home  rule  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] Notwithstanding any provision of  any  general,  special  or
     4  local  law,  charter, code, ordinance, resolution, rule or regulation to
     5  the contrary,  a  biennial  town  election  for  the  election  of  town
     6  officers,  other than town justices or any town office with a three-year
     7  term prior to January first,  two  thousand  twenty-five,  and  for  the
     8  consideration  of such questions as may be proposed by the town board or
     9  the duly qualified electors, pursuant to the provisions of this chapter,
    10  shall be held on the Tuesday next succeeding the first Monday in  Novem-
    11  ber of every [odd-numbered] even-numbered year. All other town elections
    12  are  special  elections.  A  town election or special town election held
    13  pursuant to this chapter, shall be construed as a substitute, for a town
    14  meeting or a special town meeting heretofore provided to be held by law,
    15  and a reference in any law to a town meeting  or  special  town  meeting
    16  shall  be  construed  as  referring  to  a town election or special town
    17  election. Any town completely coterminous with a village shall  continue
    18  to elect its officers, including town justices, in odd-numbered years if
    19  both such village and town last held such elections in  an  odd-numbered
    20  year prior to January  first,  two thousand twenty-five.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06852-12-3
        A. 4282--B                          2
 
     1    § 2. Subdivision 4 of section 17-1703-a of the village law, as amended
     2  by chapter 513 of the laws of 2022, is amended to read as follows:
     3    4.  In  any  case in which the proposition provided for in subdivision
     4  one of this section shall have resulted in favor of the local government
     5  operating principally as a town, then, at the regular  village  election
     6  next ensuing, all offices to be filled thereat shall be filled for terms
     7  to  end at the conclusion of the then current calendar year. The term of
     8  office of each other elected  village  office  shall  also  end  at  the
     9  conclusion  of said then current calendar year, notwithstanding that any
    10  such term of office originally extended beyond such date. The offices of
    11  supervisor, four town council members and two  town  justices  shall  be
    12  filled  by  election  as  hereinafter  provided  at the November general
    13  election next following the effective date of the creation of such  town
    14  or annexation of such territory; all other town offices shall be appoin-
    15  tive. The election of the supervisor, council members and justices shall
    16  be for terms of office as follows:
    17    (a)  If such election is held in an [odd-numbered] even-numbered year,
    18  then the term of office for  supervisor  shall  be  the  term  regularly
    19  provided  by  law;  the terms of office for two council members shall be
    20  the terms regularly provided by law and the  terms  for  the  other  two
    21  council members shall be two years each; the term for each justice shall
    22  be  the  term  regularly provided by law. Upon the expiration of the two
    23  year term for council members as above  provided,  the  terms  for  such
    24  offices shall be as regularly provided by law.
    25    (b)  If such election is held in an [even-numbered] odd-numbered year,
    26  then the term of office for supervisor shall be one year; the  terms  of
    27  office for council members shall be one year for two council members and
    28  three  years  for  the other two council members and the terms of office
    29  for each justice shall be for the remainder of the then unexpired terms.
    30  Thereafter, each office shall be filled for the term regularly  provided
    31  by law.
    32    § 3. Section 400 of the county law is amended by adding a new subdivi-
    33  sion 8 to read as follows:
    34    8.  Notwithstanding  any  provision  of  any general, special or local
    35  law, charter, code, ordinance, resolution, rule  or  regulation  to  the
    36  contrary,  all  elections  for any position of a county elected official
    37  shall occur on the Tuesday next succeeding the first Monday in  November
    38  and  shall occur in an even-numbered year; provided however, this subdi-
    39  vision shall not apply to an election for the office of sheriff,  county
    40  clerk, district attorney, family court judge, county court judge, surro-
    41  gate court judge, or any offices with a three-year term prior to January
    42  first, two thousand twenty-five.
    43    §  4. Paragraph g of subdivision 3 of section 34 of the municipal home
    44  rule law, as amended by chapter 24 of the laws of 1988, is amended and a
    45  new paragraph h is added to read as follows:
    46    g. In this chapter or in the civil service law, eminent domain  proce-
    47  dure  law,  environmental conservation law, election law, executive law,
    48  judiciary law, labor law, local  finance  law,  multiple  dwelling  law,
    49  multiple  residence  law,  public  authorities  law, public housing law,
    50  public service law, railroad law, retirement and  social  security  law,
    51  state  finance law, volunteer firefighters' benefit law, volunteer ambu-
    52  lance workers' benefit law, or workers' compensation law[.]; and
    53    h. Insofar as it relates to  requirements  for  counties,  other  than
    54  counties  in  the  city  of New York, to hold elections in even-numbered
    55  years for any position of a county  elected  official,  other  than  the
    56  office  of sheriff, county clerk, district attorney, family court judge,
        A. 4282--B                          3
 
     1  county court judge, surrogate court judge, or any county offices with  a
     2  three-year term prior to January first, two thousand twenty-five.
     3    §  5.  Notwithstanding  any provision of any general, special or local
     4  law, charter, code, ordinance, resolution, rule  or  regulation  to  the
     5  contrary,  a  county elected official, or town elected official, subject
     6  to the requirements of sections one, two, three, or four  of  this  act,
     7  elected  and  serving  their  term  as of January 1, 2025 shall complete
     8  their full term as established by law.  Provided, however, that  if  the
     9  completion  of  such full term results in the need for an election in an
    10  odd-numbered year after January 1, 2025, the  county  or  town  official
    11  elected  at  such election shall have their term expire as if such offi-
    12  cial were elected at the previous general election held in an  even-num-
    13  bered year. Provided, further, that such term shall not be applicable to
    14  any general, special, or local law pertaining to term limits. Nothing in
    15  this  act shall prohibit a county, town, or any village subject to arti-
    16  cle seventeen of the village law, from enacting a local law to alter  or
    17  permit alteration of an official's term limit.
    18    §  6.  Severability.  If  any provision of this act is held invalid or
    19  ineffective in whole or in part or inapplicable to any person  or  situ-
    20  ation, such invalidity or holding shall not affect, impair or invalidate
    21  other  provisions  or  applications of this act that can be given effect
    22  without the invalid provision or application, and all  other  provisions
    23  thereof  shall  nevertheless  be  separately and fully effective, and to
    24  this end the provisions of this act are declared to be severable.
    25    § 7. This act shall take effect  immediately;  provided  however  that
    26  sections  one, two, three and four of this act shall take effect January
    27  1, 2025.