Bill Text: NY S06197 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that certain local elections outside of New York City shall be in an even-numbered year.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-05-27 - PRINT NUMBER 6197D [S06197 Detail]

Download: New_York-2021-S06197-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6197--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 14, 2021
                                       ___________

        Introduced  by  Sens. SKOUFIS, BIAGGI -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Elections  --
          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  and the town law, in relation to
          elections

          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 6-202 of the election law, as
     2  added by chapter 359 of the laws of 1989, is amended to read as follows:
     3    1. Party nominations of candidates for village offices in  any  county
     4  shall  be  made at a party caucus or at a primary election, as the rules
     5  of the county committee, heretofore or hereafter adopted consistent with
     6  the provisions of this chapter shall provide. If the rules of the county
     7  committee of any political party  provide  that  party  nominations  for
     8  village offices of that party in any or all villages in the county shall
     9  be  made  at  a village primary election, such primary election shall be
    10  held [forty-nine days prior to the date of  the  village  election]  the
    11  first  Tuesday  after  the  second  Monday  in June before every general
    12  election in an even-numbered year unless otherwise changed by an act  of
    13  the  legislature.   In the event a village elects its officers on a date
    14  not in November, such primary election shall  be  held  forty-nine  days
    15  prior  to  the  date  of the village election.  In the event there is no
    16  village committee with a chairman, the chairman of the county committee,
    17  or such other person or body as the rules of such committee may provide,
    18  shall designate an enrolled member of the party who is a qualified voter
    19  of the village as the village election chairman.  The  chairman  of  the
    20  county  committee  of each party in which nominations in any village are
    21  made at a primary election shall file with the board  of  elections,  at
    22  least  one  week  before the first day to file designating petitions for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08253-08-2
        S. 6197--A                          2

     1  such primary elections, a list of the name and address of  the  chairman
     2  of  the  village committee or the village election chairman in each such
     3  village. Such village chairman shall have general  party  responsibility
     4  for  the  conduct  of the village caucus or primary election. Such nomi-
     5  nations shall be made not more than fifty-six, nor less than  forty-nine
     6  days prior to the date of the village election.
     7    §  2.  Paragraphs  a  and  b of subdivision 1 of section 15-104 of the
     8  election law, paragraph a as amended by chapter 248 of the laws of  1983
     9  and  paragraph  b  as  amended  by  chapter 565 of the laws of 1998, are
    10  amended to read as follows:
    11    a. The general village election shall be held on the [third Tuesday in
    12  March except in any village which presently elects, or hereafter  adopts
    13  a  proposition  to  elect,  its  officers on a date other than the third
    14  Tuesday in March] Tuesday next succeeding the first Monday  in  November
    15  in an even-numbered year except in any village which as of the effective
    16  date  of the chapter of the laws of two thousand twenty-two that amended
    17  this paragraph elects its officers on a date not in November.
    18    [b. In any village in which the general village election, or a special
    19  village election for officers pursuant to this chapter, is scheduled  to
    20  be  held on the third Tuesday of March, for any year in which the seven-
    21  teenth day of March shall fall on such Tuesday, the board of trustees of
    22  such village shall provide, by the resolution prescribed by paragraph  b
    23  of  subdivision  three of this section, that such election shall be held
    24  on the eighteenth day of March. Any provision of  a  resolution  adopted
    25  pursuant  to  this  subdivision  shall not otherwise alter the political
    26  calendar for any such election, which shall continue to be computed from
    27  the third Tuesday of March. Notwithstanding the provisions  of  subdivi-
    28  sion  five of this section, any provision of a resolution adopted pursu-
    29  ant to this subdivision shall be effective only  if  such  provision  is
    30  specifically published as provided by this section.]
    31    §  3.  Subdivision 1 of section 6-200 of the election law, as added by
    32  chapter 359 of the laws of 1989, is amended to read as follows:
    33    1. This title applies to all general and special village elections for
    34  officers which are conducted by the board of elections [on a date  other
    35  than  the  date  of the general election] and all the provisions of this
    36  chapter, not inconsistent with this title, shall apply.
    37    § 4. Section 80 of the town law is amended to read as follows:
    38    § 80. Biennial town elections. [Except as otherwise provided  in  this
    39  chapter,  a]  A biennial town election for the election of town officers
    40  and for the consideration of such questions as may be  proposed  by  the
    41  town board or the duly qualified electors, pursuant to the provisions of
    42  this  chapter,  shall  be  held on the Tuesday next succeeding the first
    43  Monday in November of every [odd-numbered] even-numbered year. All other
    44  town elections are special elections. A town election  or  special  town
    45  election  held pursuant to this chapter, shall be construed as a substi-
    46  tute, for a town meeting or a special town meeting  heretofore  provided
    47  to  be  held  by  law,  and  a reference in any law to a town meeting or
    48  special town meeting shall be construed as referring to a town  election
    49  or special town election.
    50    § 5. Notwithstanding any inconsistent provision of law or of any other
    51  general, special or local law, all elections of any position of a county
    52  elected  official,  town  elected official, or village elected official,
    53  except a village elected official who is elected on a date not in Novem-
    54  ber, shall occur on the Tuesday next  succeeding  the  first  Monday  in
    55  November. All such elections shall occur in an even-numbered year.
        S. 6197--A                          3

     1    § 6. Notwithstanding any inconsistent provision of law or of any other
     2  general,  special, or local law, a county elected official, town elected
     3  official, or village elected  official,  with  exception  of  a  village
     4  elected  official  who  is  elected on a date not in November, presently
     5  elected  and  serving  their  term as of the enactment of this act shall
     6  complete their full term as established in local law.
     7    § 7.  Any county, town, or village official  that  is  elected  in  an
     8  odd-numbered  year  after  the  effective  date of this act, excluding a
     9  village elected official who is elected on a date not in November, shall
    10  have their term expire as if such official were elected at the  previous
    11  general  election  held in an even-numbered year; provided however in no
    12  event shall such expiration occur later than December 31 of such follow-
    13  ing year. Such term shall be applicable  to  any  general,  special,  or
    14  local  law  pertaining  to  term  limits.  Nothing in this section shall
    15  prohibit a county, town, or village from enacting a local law  to  alter
    16  or permit alteration of an official's term limit.
    17    §  8.  Severability.  If  any provision of this act is held invalid or
    18  ineffective in whole or in part or inapplicable to any person  or  situ-
    19  ation, such invalidity or holding shall not affect, impair or invalidate
    20  other  provisions  or  applications of this act that can be given effect
    21  without the invalid provision or application, and all  other  provisions
    22  thereof  shall  nevertheless  be  separately and fully effective, and to
    23  this end the provisions of this act are declared to be severable.
    24    § 9. This act shall take effect immediately.