Bill Text: NY A10506 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain elections of public officials occur on even-numbered years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-29 - referred to election law [A10506 Detail]

Download: New_York-2023-A10506-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10506

                   IN ASSEMBLY

                                      May 29, 2024
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of 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
    23  provided herein for the filling of a vacancy in  such  office  happening
    24  otherwise than by expiration of term.
    25    § 3. Subdivision 2 of section 300 of the alternative county government
    26  law is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13421-04-4
        A. 10506                            2

     1    2. If the comptroller is elective, the first comptroller elected under
     2  the  form  adopted  shall be elected at the first general election after
     3  its adoption, except that, if the county has an elective county  auditor
     4  at  the time of such adoption, the first comptroller shall be elected at
     5  the  general  election  in  the last year of the term of the last county
     6  auditor elected or, if the office of such auditor becomes vacant  before
     7  the  last  year  of  [his]  such comptroller's term, at the next general
     8  election thereafter at which the vacancy may be filled by  the  election
     9  of a comptroller. The second comptroller shall be elected at the general
    10  election in the [second odd-numbered] first even-numbered year after the
    11  year  in  which  the  first comptroller is elected, and subsequent comp-
    12  trollers shall be elected at the general election in every  fourth  year
    13  thereafter.  The  term  of office of the comptroller shall be four years
    14  from and including the first day of January next  following  [his]  such
    15  election,  except  that  the first comptroller elected shall serve for a
    16  term of three years if [he] the comptroller is elected in an  [even-num-
    17  bered]  odd-numbered  year. A vacancy in the office of an elective comp-
    18  troller occurring otherwise than by expiration of term shall  be  filled
    19  by  appointment  by the board of supervisors and the person so appointed
    20  shall hold office until the  commencement  of  the  calendar  year  next
    21  succeeding  the  first  general  election  at  which  the vacancy may be
    22  filled.
    23    § 4. Subdivision 1 of section 400 of the county  law,  as  amended  by
    24  chapter 658 of the laws of 1985, is amended to read as follows:
    25    1. Elective.  There shall be elected a sheriff, county clerk, district
    26  attorney  and  county treasurer. Except in the county of Lewis, coroners
    27  shall continue to be elected as now provided by law until the office  is
    28  abolished  or  the  number  is  increased  or diminished pursuant to the
    29  provisions of this chapter. Unless otherwise provided in  this  chapter,
    30  the  term  of  office  of  each such officer shall [continue to be three
    31  years, except that the terms of office of sheriff, county clerk,  county
    32  treasurer  and coroner shall] be four years from and including the first
    33  day of January next succeeding  [his]  such  officer's  election.  There
    34  shall  be  elected  a  county  judge, surrogate, and judge of the family
    35  court as now or hereafter provided by law. The term of  office  of  each
    36  such  judicial  officer  shall be ten years from and including the first
    37  day of January next succeeding [his] such officer's election. The  sher-
    38  iff,  county  clerk,  district attorney, county treasurer and coroner or
    39  medical examiner shall be elected at a general election in an  even-num-
    40  bered year.
    41    §  5.  Notwithstanding  any provision of any general, special or local
    42  law, charter, code, ordinance, resolution, rule  or  regulation  to  the
    43  contrary,  an  elected  official subject to the requirements of sections
    44  one, two, three, or four of this act, elected and serving their term  as
    45  of  the  effective  date  of  this act shall complete their full term as
    46  established by law.  Provided, however, that if the completion  of  such
    47  full  term  results  in the need for an election in an odd-numbered year
    48  after the effective date of this  act,  the  official  elected  at  such
    49  election  shall  have their term expire as if such official were elected
    50  at the previous general election  held  in  the  previous  even-numbered
    51  year.
    52    §  6.  This  act  shall  take effect on the same date as a "CONCURRENT
    53  RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 21
    54  of article 6, article 13, and section 6 of article 4  of  the  constitu-
    55  tion,  in  relation  to requiring certain elections be held in even-num-
    56  bered years at the general election", takes effect, in  accordance  with
        A. 10506                            3

     1  section  1 of article 19 of the constitution. Effective immediately, the
     2  addition, amendment and/or repeal of any rule  or  regulation  necessary
     3  for  the implementation of this act on its effective date are authorized
     4  to be made and completed on or before such effective date.