Bill Text: NY S00479 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 479 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the at large election of any member of the governing or legislative body of a town or village by electors of such town or village; requires the election of such members by wards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO ELECTIONS [S00479 Detail]

Download: New_York-2023-S00479-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           479

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, the town law and the general municipal
          law, in relation to prohibiting the at large election  of  members  of
          the legislative or governing body of towns and villages, and providing
          for  and requiring the election of such members by wards; to amend the
          general municipal law, in relation  to  directing  the  department  of
          state and the legislative task force on demographic research and reap-
          portionment to assist boards of election to establish wards, authoriz-
          ing towns and villages to petition for a temporary exemption from such
          requirements,  and  directing  the  attorney-general to report on such
          exemptions; and to repeal certain provisions of the town law  relating
          to authorizing certain towns to establish ward systems of election

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 15-130 of the election law is amended  to  read  as
     2  follows:
     3    §  15-130.  Election  of  trustees  by wards. The board of trustees of
     4  [any] every village [may, by resolution,  and  subject  to  a  mandatory
     5  referendum,]  shall  provide  for  the election of trustees by wards, or
     6  alter [existing] ward boundaries [or abolish wards and the  election  of
     7  trustees  by  wards].  [If  a village elects trustees by wards separate]
     8  Separate ballot boxes or voting machines  shall  be  provided  for  each
     9  ward.
    10    §  2.  Paragraph (b) of subdivision 2 of section 81 of the town law is
    11  REPEALED.
    12    § 3. Section 85 of the town law, as amended by chapter 513 of the laws
    13  of 2022, is amended to read as follows:
    14    § 85. Ward system for election of  council  members.  [1.  Whenever  a
    15  proposition shall have been adopted in a town of the first class for the
    16  establishment  of  the  ward  system  and the election thereafter of one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00526-01-3

        S. 479                              2

     1  council member from each ward, the] The board of elections of the county
     2  in which [such] a town is situate shall divide the town into four  wards
     3  and  fix  the  boundaries  thereof, unless a proposition shall have been
     4  adopted  to  increase the number of council members from four to six, in
     5  which instance, the board of elections shall divide the  town  into  six
     6  wards  and  fix  the  boundaries  thereof.  In so dividing the town into
     7  wards, no town election  district  shall  be  divided  and  no  election
     8  district  thereafter  created under the election law shall contain parts
     9  of two or more wards. So far as possible the division shall be  so  made
    10  that  the  number  of  voters in each ward shall be approximately equal.
    11  When the board of elections shall have finally determined the boundaries
    12  of the wards, they shall cause a map of the town to be prepared  showing
    13  in  detail  the  location  of  each ward and the boundaries thereof. The
    14  original map so made shall be filed in the office of the town clerk  and
    15  copies thereof shall be filed in the offices of the county clerk and the
    16  board of elections of the county. The ward system shall be deemed estab-
    17  lished  after  such  filing  is complete. After a ward system shall have
    18  been so established, the term of office of  every  town  council  member
    19  shall  terminate on the thirty-first day of December next succeeding the
    20  first biennial town election held not less than one hundred twenty  days
    21  after  the  establishment of such ward system, and at such biennial town
    22  election, and every biennial  town  election  thereafter,  one  resident
    23  elector  of each ward shall be elected as council member therefrom for a
    24  term of two years beginning on the first day of January next  succeeding
    25  such election.
    26    [2.  The  ward system may be abolished upon the adoption of a proposi-
    27  tion therefor at any special or biennial town  election.  At  the  first
    28  biennial  town  election held at least one hundred twenty days after the
    29  adoption of a proposition to abolish the ward  system  for  election  of
    30  council  members,  the  electors of the town shall elect one-half of the
    31  total number of town council members for the term of two years each  and
    32  one-half  of  the  total  number of town council members for the term of
    33  four years each. At each biennial town election  held  thereafter  there
    34  shall  be  elected  one-half of the total number of town council members
    35  for the term of four years each. The terms of all such  council  members
    36  shall  begin  on  the  first  day of January next succeeding the date of
    37  their election.]
    38    § 4. Section 87 of the town law, as amended by chapter 513 of the laws
    39  of 2022, is amended to read as follows:
    40    § 87. Increase [or decrease] of number of council members. [1.]  When-
    41  ever a proposition shall have been adopted in a town [of the first class
    42  which  shall  not  have  established  the  ward system,] to increase the
    43  number of council members from four to six, party nominations  for  town
    44  council  members  may  be  made and designating petitions filed and four
    45  town council members  shall  be  elected  at  the  first  biennial  town
    46  election  held  at  least one hundred fifty days thereafter, three for a
    47  term of four years each and one for a term of two years  and  thereafter
    48  at each biennial town election in such town there shall be elected three
    49  town council members for the term of four years each, in the same manner
    50  as other elective town officers in such town. The term of office of each
    51  such  council  member  shall  begin  on  the  first  day of January next
    52  succeeding the election at which they were elected.
    53    [2. Whenever a proposition shall have been adopted in a  town  of  the
    54  first  class  which  shall  not  have  established  the  ward system, to
    55  increase the number of council members from two  to  four,  party  nomi-
    56  nations  for  town council members may be made and designating petitions

        S. 479                              3

     1  filed and three town council members shall be elected at the first bien-
     2  nial town election held at least one hundred fifty days thereafter,  two
     3  for terms of four years each and one for a term of two years, and there-
     4  after  at  each  biennial  town  election  in  such town, there shall be
     5  elected two town council members for terms of four years  each,  in  the
     6  same  manner  as  other elective town officers in such town. The term of
     7  office of each such town council member shall begin on the first day  of
     8  January next succeeding the election at which they were elected.
     9    3.  Whenever  a  proposition  shall have been adopted in a town of the
    10  first class to reduce the number of council members from four to two, no
    11  town council members  shall  be  elected  at  the  first  biennial  town
    12  election held at least one hundred fifty days after the adoption of such
    13  proposition.  Party nominations for town council members may be made and
    14  designating petitions filed  and  two  town  council  members  shall  be
    15  elected  at the biennial town election next succeeding the biennial town
    16  election at which no town council members are elected, one for a term of
    17  two years and one for a term of four years and thereafter at each  bien-
    18  nial  town election in such town there shall be elected one town council
    19  member for a term of four years, in the same manner  as  other  elective
    20  town  officers  in  such  town.  The term of office of each such council
    21  member shall begin on the first  day  of  January  next  succeeding  the
    22  election at which they were elected.]
    23    § 5. Subdivision 13 of section 341 of the town law is REPEALED.
    24    §  6. The general municipal law is amended by adding a new article 7-B
    25  to read as follows:
    26                                 ARTICLE 7-B
    27                            ELECTION BY WARDS IN
    28                             TOWNS AND VILLAGES
    29  Section 150. At large elections prohibited.
    30          151. Establishment of ward systems.
    31          152. Temporary exemption.
    32    § 150. At large elections prohibited. No member of  the  governing  or
    33  legislative  body  of a town or village shall be elected by the electors
    34  of such town or village at large.
    35    § 151. Establishment of ward systems. 1. The board of elections of the
    36  county shall divide each town and village into such number of  wards  as
    37  is  equal  to the number of members of the governing or legislative body
    38  of such town or village; and shall fix the boundaries thereof. The divi-
    39  sion thereof shall be so made that the number of eligible voters in each
    40  ward shall be approximately equal.
    41    2. The department of state and the legislative  task  force  on  demo-
    42  graphic   research  and  reapportionment  shall  provide  to  boards  of
    43  elections any and all assistance as may be necessary  to  implement  the
    44  provisions of this section.
    45    3.  Every  ward established pursuant to this section shall be reappor-
    46  tioned in the same year as congressional, assembly and senate  districts
    47  are reapportioned pursuant to section four of article three of the state
    48  constitution.
    49    §  152.  Temporary  exemption.  1.  In  the event a village or town is
    50  unable to comply with the provisions of sections one hundred  fifty  and
    51  one  hundred fifty-one of this article for the first general election or
    52  first general village election  occurring  after  September  first,  two
    53  thousand  twenty-four,  such  town  or  village shall, not less than six
    54  months prior to such election, submit an application to  the  department
    55  of  state and the department of law for an exemption from the provisions
    56  of such sections which shall apply only to such first election. No  such

        S. 479                              4

     1  exemption  shall  be granted unless the application therefor is approved
     2  jointly by the secretary of state and the attorney-general.
     3    2.  Upon  the  joint approval of any application submitted pursuant to
     4  subdivision one of this section, the secretary of state and  the  attor-
     5  ney-general  shall provide the village or town and the appropriate board
     6  of elections with a notice of such exemption. Such notice shall include:
     7    (a) the specific reasons for the granting of the exemption;
     8    (b) a timeline of actions that the town or village shall fulfill on or
     9  before the succeeding general election or general village election; and
    10    (c) a timeline of actions required to be completed for the election of
    11  all members of the governing or legislative body of such town or village
    12  during the succeeding calendar year.
    13    3. Every town and village,  granted  an  exemption  pursuant  to  this
    14  section,  shall comply with all provisions of sections one hundred fifty
    15  and one hundred fifty-one of  this  article  for  every  election  which
    16  follows such first election for which an exemption was granted.
    17    4.  On  or  before  the first of April in two thousand twenty-six, two
    18  thousand twenty-seven and two thousand twenty-eight, the attorney-gener-
    19  al shall submit reports to the governor and the legislature on the towns
    20  and villages granted exemptions pursuant  to  this  section.  Each  such
    21  report  shall  include the name of the town or village, a description of
    22  the problem in establishing wards, the population, the elected positions
    23  involved, and the outcomes of the relevant elections.
    24    § 7. This act shall take effect immediately and shall apply to general
    25  elections and general village elections occurring after January 1, 2024.