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
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1536--C
2009-2010 Regular Sessions
IN SENATE
February 2, 2009
___________
Introduced by Sens. PARKER, HUNTLEY, KLEIN, ONORATO, SAMPSON -- read
twice and ordered printed, and when printed to be committed to the
Committee on Elections -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to a first report and committed
to the Committee on Finance -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Elections in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03701-11-0
S. 1536--C 2
1 by the affirmative vote of the majority of the appropriate qualified
2 electors voting on such second referendum. The vote on such second
3 referendum shall be conducted pursuant to the rules and regulations of
4 the state board of elections; provided that such vote shall be taken no
5 later than the first Tuesday in March in the same year that a general
6 election is scheduled to be held for the office or offices subject to
7 term limit modification or abolishment. If the appropriate legislative
8 body puts forth such a resolution and if a majority of the votes cast on
9 any such second referendum when submitted as provided in this section
10 shall be in the affirmative, the terms of office of those elected offi-
11 cers included in such second referendum and thereafter elected shall be
12 as provided in such second referendum. The referendum process required
13 by this section shall not prohibit or in any way alter the process by
14 which a term limitation can be modified or abolished by a citizen or
15 publicly initiated referendum otherwise authorized by the law of the
16 relevant jurisdiction. This section shall supersede any other state law
17 or regulation, city charter or political subdivision law, rule, regu-
18 lation, code or ordinance to the contrary. For the purposes of this
19 section the terms "elected official" and "elected office" shall mean an
20 elected official or elected office of any county, city, municipality,
21 town, village or political subdivision, except judges or justices of the
22 unified court system.
23 § 2. This act shall take effect July 1, 2010.
