Bill Text: NY S09126 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires certain elections take place in even-numbered years for certain municipal and judicial officials.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2024-05-23 - OPINION REFERRED TO JUDICIARY [S09126 Detail]
Download: New_York-2023-S09126-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9126 IN SENATE April 29, 2024 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 21 of article 6, article 13, and section 6 of article 4 of the constitution, in relation to requiring certain elections be held in even-numbered years at the general election 1 Section 1. Resolved (if the Assembly concur), That section 21 of arti- 2 cle 6 of the constitution be amended to read as follows: 3 § 21. a. When a vacancy shall occur, otherwise than by expiration of 4 term, in the office of justice of the supreme court, of judge of the 5 county court, of judge of the surrogate's court or judge of the family 6 court outside the city of New York, it shall be filled for [a full] the 7 remainder of the term at the next general election occurring in an even- 8 numbered year held not less than three months after such vacancy occurs 9 and, until the vacancy shall be so filled, the governor by and with the 10 advice and consent of the senate, if the senate shall be in session, or, 11 if the senate not be in session, the governor may fill such vacancy by 12 an appointment which shall continue until and including the last day of 13 December next after the election at which the vacancy shall be filled. 14 b. When a vacancy shall occur, otherwise than by expiration of term, 15 in the office of judge of the court of claims, it shall be filled for 16 the unexpired term in the same manner as an original appointment. 17 c. When a vacancy shall occur, otherwise than by expiration of term, 18 in the office of judge elected to the city-wide court of civil jurisdic- 19 tion of the city of New York, it shall be filled for [a full] the 20 remainder of the term at the next general election occurring in an even- 21 numbered year held not less than three months after such vacancy occurs 22 and, until the vacancy shall be so filled, the mayor of the city of New 23 York may fill such vacancy by an appointment which shall continue until 24 and including the last day of December next after the election at which 25 the vacancy shall be filled. When a vacancy shall occur, otherwise than 26 by expiration of term on the last day of December of any year, in the 27 office of judge appointed to the family court within the city of New 28 York or the city-wide court of criminal jurisdiction of the city of New EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD89119-10-4S. 9126 2 1 York, the mayor of the city of New York shall fill such vacancy by an 2 appointment for the unexpired term. 3 d. When a vacancy shall occur, otherwise than by expiration of term, 4 in the office of judge of the district court, it shall be filled for [a5full] the remainder of the term at the next general election occurring 6 in an even-numbered year held not less than three months after such 7 vacancy occurs and, until the vacancy shall be so filled, the board of 8 supervisors or the supervisor or supervisors of the affected district if 9 such district consists of a portion of a county or, in counties with an 10 elected county executive officer, such county executive officer may, 11 subject to confirmation by the board of supervisors or the supervisor or 12 supervisors of such district, fill such vacancy by an appointment which 13 shall continue until and including the last day of December next after 14 the election at which the vacancy shall be filled. 15 § 2. Resolved (if the Assembly concur), That article 13 of the consti- 16 tution be amended by adding two new sections 9 and 10 to read as 17 follows: 18 § 9. All elections of judicial officers, other than village judicial 19 officers, shall be elected at the election held on the Tuesday succeed- 20 ing the first Monday in November in an even-numbered year, and the term 21 of every such officer shall expire at the end of an even-numbered year. 22 § 10. Notwithstanding any other provision of this constitution, the 23 legislature may enact laws which provide for the election of an elective 24 officer of the state or any political subdivision of the state to take 25 place on the Tuesday succeeding the first Monday in November in an odd- 26 numbered year for a term which will cause such officer's term to expire 27 at the end of an even-numbered year. 28 § 3. Resolved (if the Assembly concur), That section 8 of article 13 29 of the constitution be amended to read as follows: 30 § 8. All elections of city officers, including supervisors, elected in 31 any city or part of a city, and of county officers elected in any county 32 wholly included in a city, except to fill vacancies, shall be held on 33 the Tuesday succeeding the first Monday in November in an [odd-numbered] 34 even-numbered year, and the term of every such official or officer shall 35 expire at the end of an [odd-numbered] even-numbered year. [This section36shall not apply to elections of any judicial officer.] 37 § 4. Resolved (if the Assembly concur), That section 3 of article 13 38 of the constitution be amended to read as follows: 39 § 3. The legislature shall provide for filling vacancies in office, 40 and in case of elective officers, no person appointed to fill a vacancy 41 shall hold his or her office by virtue of such appointment longer than 42 the commencement of the political year next succeeding the first annual 43 election in an even-numbered year after the happening of the vacancy; 44 provided, however, in the case of a simultaneous vacancy in the offices 45 of governor and lieutenant-governor, such officers shall be elected as 46 required under section six of article four of this constitution; and 47 provided further, however, that nothing contained in this article shall 48 prohibit the filling of vacancies on boards of education, including 49 boards of education of community districts in the city school district 50 of the city of New York, by appointment until the next regular school 51 district election, whether or not such appointment shall extend beyond 52 the thirty-first day of December in any year. 53 § 5. Resolved (if the Assembly concur), That section 6 of article 4 of 54 the constitution be amended to read as follows: 55 § 6. The lieutenant-governor shall possess the same qualifications of 56 eligibility for office as the governor. The lieutenant-governor shall beS. 9126 3 1 the president of the senate but shall have only a casting vote therein. 2 The lieutenant-governor shall receive for his or her services an annual 3 salary to be fixed by joint resolution of the senate and assembly. 4 In case of vacancy in the offices of both governor and lieutenant-gov- 5 ernor, a governor and lieutenant-governor shall be elected for the 6 remainder of the term [at the next general election] on the Tuesday 7 succeeding the first Monday in November happening not less than three 8 months after both offices shall have become vacant. No election of a 9 lieutenant-governor shall be had in any event except at the time of 10 electing a governor. 11 In case of vacancy in the offices of both governor and lieutenant-gov- 12 ernor or if both of them shall be impeached, absent from the state or 13 otherwise unable to discharge the powers and duties of the office of 14 governor, the temporary president of the senate shall act as governor 15 until the inability shall cease or until a governor shall be elected. 16 In case of vacancy in the office of lieutenant-governor alone, or if 17 the lieutenant-governor shall be impeached, absent from the state or 18 otherwise unable to discharge the duties of office, the temporary presi- 19 dent of the senate shall perform all the duties of lieutenant-governor 20 during such vacancy or inability. 21 If, when the duty of acting as governor devolves upon the temporary 22 president of the senate, there be a vacancy in such office or the tempo- 23 rary president of the senate shall be absent from the state or otherwise 24 unable to discharge the duties of governor, the speaker of the assembly 25 shall act as governor during such vacancy or inability. 26 The legislature may provide for the devolution of the duty of acting 27 as governor in any case not provided for in this article. 28 § 6. Resolved (if the Assembly concur), That subdivision (a) of 29 section 13 of article 13 of the constitution be amended to read as 30 follows: 31 (a) Except in counties in the city of New York and except as author- 32 ized in section one of article nine of this constitution, registers in 33 counties having registers shall be chosen by the electors of the respec- 34 tive counties once in every [three] four years in an even-numbered year 35 and whenever the occurring of vacancies shall require; the sheriff and 36 the clerk of each county shall be chosen by the electors once in every 37 [three or] four years in an even-numbered year as the legislature shall 38 direct. Sheriffs shall hold no other office. They may be required by 39 law to renew their security, from time to time; and in default of giving 40 such new security, their offices shall be deemed vacant. The governor 41 may remove any elective sheriff, county clerk, district attorney or 42 register within the term for which he or she shall have been elected; 43 but before so doing the governor shall give to such officer a copy of 44 the charges against him or her and an opportunity of being heard in his 45 or her defense. In each county a district attorney shall be chosen by 46 the electors once in every [three or] four years in an even-numbered 47 year as the legislature shall direct. The clerk of each county in the 48 city of New York shall be appointed, and be subject to removal, by the 49 appellate division of the supreme court in the judicial department in 50 which the county is located. In addition to his or her powers and duties 51 as clerk of the supreme court, he or she shall have power to select, 52 draw, summon and empanel grand and petit jurors in the manner and under 53 the conditions now or hereafter prescribed by law, and shall have such 54 other powers and duties as shall be prescribed by the city from time to 55 time by local law.S. 9126 4 1 § 7. Resolved (if the Assembly concur), That the foregoing amendments 2 be referred to the first regular legislative session convening after the 3 next succeeding general election of members of the assembly, and, in 4 conformity with section 1 of article 19 of the constitution, be 5 published for 3 months previous to the time of such election.
