S T A T E O F N E W Y O R K
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532
2023-2024 Regular Sessions
I N A S S E M B L Y
January 9, 2023
___________
Introduced by M. of A. BURGOS -- read once and referred to the Committee
on Election Law
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:
Section 1. Section 15-130 of the election law is amended to read as
follows:
§ 15-130. Election of trustees by wards. The board of trustees of
[any] EVERY village [may, by resolution, and subject to a mandatory
referendum,] SHALL provide for the election of trustees by wards, OR
alter [existing] ward boundaries [or abolish wards and the election of
trustees by wards]. [If a village elects trustees by wards separate]
SEPARATE ballot boxes or voting machines shall be provided for each
ward.
§ 2. Paragraph (b) of subdivision 2 of section 81 of the town law is
REPEALED.
§ 3. Section 85 of the town law, as amended by chapter 513 of the laws
of 2022, is amended to read as follows:
§ 85. Ward system for election of council members. [1. Whenever a
proposition shall have been adopted in a town of the first class for the
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
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council member from each ward, the] THE board of elections of the county
in which [such] A town is situate shall divide the town into four wards
and fix the boundaries thereof, unless a proposition shall have been
adopted to increase the number of council members from four to six, in
which instance, the board of elections shall divide the town into six
wards and fix the boundaries thereof. In so dividing the town into
wards, no town election district shall be divided and no election
district thereafter created under the election law shall contain parts
of two or more wards. So far as possible the division shall be so made
that the number of voters in each ward shall be approximately equal.
When the board of elections shall have finally determined the boundaries
of the wards, they shall cause a map of the town to be prepared showing
in detail the location of each ward and the boundaries thereof. The
original map so made shall be filed in the office of the town clerk and
copies thereof shall be filed in the offices of the county clerk and the
board of elections of the county. The ward system shall be deemed estab-
lished after such filing is complete. After a ward system shall have
been so established, the term of office of every town council member
shall terminate on the thirty-first day of December next succeeding the
first biennial town election held not less than one hundred twenty days
after the establishment of such ward system, and at such biennial town
election, and every biennial town election thereafter, one resident
elector of each ward shall be elected as council member therefrom for a
term of two years beginning on the first day of January next succeeding
such election.
[2. The ward system may be abolished upon the adoption of a proposi-
tion therefor at any special or biennial town election. At the first
biennial town election held at least one hundred twenty days after the
adoption of a proposition to abolish the ward system for election of
council members, the electors of the town shall elect one-half of the
total number of town council members for the term of two years each and
one-half of the total number of town council members for the term of
four years each. At each biennial town election held thereafter there
shall be elected one-half of the total number of town council members
for the term of four years each. The terms of all such council members
shall begin on the first day of January next succeeding the date of
their election.]
§ 4. Section 87 of the town law, as amended by chapter 513 of the laws
of 2022, is amended to read as follows:
§ 87. Increase [or decrease] of number of council members. [1.] When-
ever a proposition shall have been adopted in a town [of the first class
which shall not have established the ward system,] to increase the
number of council members from four to six, party nominations for town
council members may be made and designating petitions filed and four
town council members shall be elected at the first biennial town
election held at least one hundred fifty days thereafter, three for a
term of four years each and one for a term of two years and thereafter
at each biennial town election in such town there shall be elected three
town council members for the term of four years each, in the same manner
as other elective town officers in such town. The term of office of each
such council member shall begin on the first day of January next
succeeding the election at which they were elected.
[2. Whenever a proposition shall have been adopted in a town of the
first class which shall not have established the ward system, to
increase the number of council members from two to four, party nomi-
nations for town council members may be made and designating petitions
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filed and three town council members shall be elected at the first bien-
nial town election held at least one hundred fifty days thereafter, two
for terms of four years each and one for a term of two years, and there-
after at each biennial town election in such town, there shall be
elected two town council members for terms of four years each, in the
same manner as other elective town officers in such town. The term of
office of each such town council member shall begin on the first day of
January next succeeding the election at which they were elected.
3. Whenever a proposition shall have been adopted in a town of the
first class to reduce the number of council members from four to two, no
town council members shall be elected at the first biennial town
election held at least one hundred fifty days after the adoption of such
proposition. Party nominations for town council members may be made and
designating petitions filed and two town council members shall be
elected at the biennial town election next succeeding the biennial town
election at which no town council members are elected, one for a term of
two years and one for a term of four years and thereafter at each bien-
nial town election in such town there shall be elected one town council
member for a term of four years, in the same manner as other elective
town officers in such town. The term of office of each such council
member shall begin on the first day of January next succeeding the
election at which they were elected.]
§ 5. Subdivision 13 of section 341 of the town law is REPEALED.
§ 6. The general municipal law is amended by adding a new article 7-B
to read as follows:
ARTICLE 7-B
ELECTION BY WARDS IN
TOWNS AND VILLAGES
SECTION 150. AT LARGE ELECTIONS PROHIBITED.
151. ESTABLISHMENT OF WARD SYSTEMS.
152. TEMPORARY EXEMPTION.
§ 150. AT LARGE ELECTIONS PROHIBITED. NO MEMBER OF THE GOVERNING OR
LEGISLATIVE BODY OF A TOWN OR VILLAGE SHALL BE ELECTED BY THE ELECTORS
OF SUCH TOWN OR VILLAGE AT LARGE.
§ 151. ESTABLISHMENT OF WARD SYSTEMS. 1. THE BOARD OF ELECTIONS OF THE
COUNTY SHALL DIVIDE EACH TOWN AND VILLAGE INTO SUCH NUMBER OF WARDS AS
IS EQUAL TO THE NUMBER OF MEMBERS OF THE GOVERNING OR LEGISLATIVE BODY
OF SUCH TOWN OR VILLAGE; AND SHALL FIX THE BOUNDARIES THEREOF. THE DIVI-
SION THEREOF SHALL BE SO MADE THAT THE NUMBER OF ELIGIBLE VOTERS IN EACH
WARD SHALL BE APPROXIMATELY EQUAL.
2. THE DEPARTMENT OF STATE AND THE LEGISLATIVE TASK FORCE ON DEMO-
GRAPHIC RESEARCH AND REAPPORTIONMENT SHALL PROVIDE TO BOARDS OF
ELECTIONS ANY AND ALL ASSISTANCE AS MAY BE NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
3. EVERY WARD ESTABLISHED PURSUANT TO THIS SECTION SHALL BE REAPPOR-
TIONED IN THE SAME YEAR AS CONGRESSIONAL, ASSEMBLY AND SENATE DISTRICTS
ARE REAPPORTIONED PURSUANT TO SECTION FOUR OF ARTICLE THREE OF THE STATE
CONSTITUTION.
§ 152. TEMPORARY EXEMPTION. 1. IN THE EVENT A VILLAGE OR TOWN IS
UNABLE TO COMPLY WITH THE PROVISIONS OF SECTIONS ONE HUNDRED FIFTY AND
ONE HUNDRED FIFTY-ONE OF THIS ARTICLE FOR THE FIRST GENERAL ELECTION OR
FIRST GENERAL VILLAGE ELECTION OCCURRING AFTER SEPTEMBER FIRST, TWO
THOUSAND TWENTY-FOUR, SUCH TOWN OR VILLAGE SHALL, NOT LESS THAN SIX
MONTHS PRIOR TO SUCH ELECTION, SUBMIT AN APPLICATION TO THE DEPARTMENT
OF STATE AND THE DEPARTMENT OF LAW FOR AN EXEMPTION FROM THE PROVISIONS
OF SUCH SECTIONS WHICH SHALL APPLY ONLY TO SUCH FIRST ELECTION. NO SUCH
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EXEMPTION SHALL BE GRANTED UNLESS THE APPLICATION THEREFOR IS APPROVED
JOINTLY BY THE SECRETARY OF STATE AND THE ATTORNEY-GENERAL.
2. UPON THE JOINT APPROVAL OF ANY APPLICATION SUBMITTED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE SECRETARY OF STATE AND THE ATTOR-
NEY-GENERAL SHALL PROVIDE THE VILLAGE OR TOWN AND THE APPROPRIATE BOARD
OF ELECTIONS WITH A NOTICE OF SUCH EXEMPTION. SUCH NOTICE SHALL INCLUDE:
(A) THE SPECIFIC REASONS FOR THE GRANTING OF THE EXEMPTION;
(B) A TIMELINE OF ACTIONS THAT THE TOWN OR VILLAGE SHALL FULFILL ON OR
BEFORE THE SUCCEEDING GENERAL ELECTION OR GENERAL VILLAGE ELECTION; AND
(C) A TIMELINE OF ACTIONS REQUIRED TO BE COMPLETED FOR THE ELECTION OF
ALL MEMBERS OF THE GOVERNING OR LEGISLATIVE BODY OF SUCH TOWN OR VILLAGE
DURING THE SUCCEEDING CALENDAR YEAR.
3. EVERY TOWN AND VILLAGE, GRANTED AN EXEMPTION PURSUANT TO THIS
SECTION, SHALL COMPLY WITH ALL PROVISIONS OF SECTIONS ONE HUNDRED FIFTY
AND ONE HUNDRED FIFTY-ONE OF THIS ARTICLE FOR EVERY ELECTION WHICH
FOLLOWS SUCH FIRST ELECTION FOR WHICH AN EXEMPTION WAS GRANTED.
4. ON OR BEFORE THE FIRST OF APRIL IN TWO THOUSAND TWENTY-SIX, TWO
THOUSAND TWENTY-SEVEN AND TWO THOUSAND TWENTY-EIGHT, THE ATTORNEY-GENER-
AL SHALL SUBMIT REPORTS TO THE GOVERNOR AND THE LEGISLATURE ON THE TOWNS
AND VILLAGES GRANTED EXEMPTIONS PURSUANT TO THIS SECTION. EACH SUCH
REPORT SHALL INCLUDE THE NAME OF THE TOWN OR VILLAGE, A DESCRIPTION OF
THE PROBLEM IN ESTABLISHING WARDS, THE POPULATION, THE ELECTED POSITIONS
INVOLVED, AND THE OUTCOMES OF THE RELEVANT ELECTIONS.
§ 7. This act shall take effect immediately and shall apply to general
elections and general village elections occurring after January 1, 2024.