Assembly Bill A1224

2009-2010 Legislative Session

Relates to requiring voter approval for the abolition or modification of term limits for certain elected offices

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 22, 2010	amended on third reading 1224d
Jan 06, 2010	ordered to third reading cal.110 returned to assembly died in senate
Jun 18, 2009	referred to rules
Jun 16, 2009	delivered to senate passed assembly ordered to third reading rules cal.363 rules report cal.363 reported reported referred to rules
Jun 05, 2009	print number 1224c
Jun 05, 2009	amend and recommit to ways and means
Jun 02, 2009	print number 1224b
Jun 02, 2009	amend and recommit to ways and means
Feb 25, 2009	reported referred to ways and means
Feb 18, 2009	print number 1224a
Feb 18, 2009	amend and recommit to election law
Jan 07, 2009	referred to election law

Bill Amendments

Original

D (Active)

2009-A1224 - Details

Laws Affected:: Add §1-108, El L

2009-A1224 - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-A1224 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1224

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  JEFFRIES,  COLTON,  MOLINARO,  JAFFEE, DIAZ,
  PEOPLES, KOLB, MILLMAN, BENJAMIN, KAVANAGH, PERRY,  PERALTA,  BOYLAND,
  LANCMAN,  WEPRIN, WRIGHT, TOWNS, POWELL -- Multi-Sponsored by -- M. of
  A. CAMARA, CHRISTENSEN, GLICK, ROSENTHAL -- read once and referred  to
  the Committee on Election Law

AN  ACT  to  amend  the  election  law,  in  relation to requiring voter
  approval for the abolition or modification of term limits for  certain
  elected offices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF  AN  ELECTED  OFFICIAL  HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION
(HEREINAFTER, "REFERENDUM"), THE LEGISLATIVE BODY WHICH HAS CONTROL OVER
THE TERM LIMITED ELECTED OFFICIAL MAY ADOPT A RESOLUTION TO  ABOLISH  OR
MODIFY  THE TERM LIMIT OF AN ELECTED OFFICE AND SUCH RESOLUTION SHALL BE
SUBMITTED TO THE APPROPRIATE QUALIFIED ELECTORS FOR  THEIR  APPROVAL  OR
DISAPPROVAL  AT  A  REGULAR  OR  SPECIAL  ELECTION (HEREINAFTER, "SECOND
REFERENDUM").   SUCH RESOLUTION SHALL  BE  ADOPTED  BY  THE  APPROPRIATE
LEGISLATIVE  BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND
REFERENDUM IS CONDUCTED.   NO SUCH  RESOLUTION  SHALL  BECOME  EFFECTIVE
UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE  APPROPRI-
ATE  QUALIFIED  ELECTORS  VOTING  ON  SUCH SECOND REFERENDUM.   A SECOND
REFERENDUM SHALL ALSO BE REQUIRED WHERE, PRIOR TO THE EFFECTIVE DATE  OF
THIS  SECTION, A TERM LIMITATION ON ELECTED OFFICE HAS BEEN ABOLISHED OR
MODIFIED LEGISLATIVELY, PROVIDED  THAT  THE  TERM  OF  OFFICE  HAD  BEEN
ORIGINALLY  LIMITED  BY REFERENDUM.   THE VOTE ON SUCH SECOND REFERENDUM
SHALL BE CONDUCTED PURSUANT TO THE RULES AND REGULATIONS  OF  THE  STATE

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

                                                           LBD03701-01-9

A. 1224                             2

BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO LATER THAN
THE  FIRST  TUESDAY IN MARCH IN THE SAME YEAR THAT A GENERAL ELECTION IS
SCHEDULED TO BE HELD FOR THE OFFICE SUBJECT TO TERM LIMIT  MODIFICATION.
IF THE APPROPRIATE LEGISLATIVE BODY SHALL HAVE ADOPTED SUCH A RESOLUTION
AND  IF  A MAJORITY OF THE VOTES CAST ON ANY SUCH SECOND REFERENDUM WHEN
SUBMITTED AS PROVIDED IN THIS SECTION SHALL BE IN THE  AFFIRMATIVE,  THE
TERMS OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH SECOND REFER-
ENDUM  AND THEREAFTER ELECTED SHALL BE AS PROVIDED IN SUCH SECOND REFER-
ENDUM.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW OR  REGULATION,
CITY  CHARTER  OR  POLITICAL  SUBDIVISION LAW, RULE, REGULATION, CODE OR
ORDINANCE TO THE CONTRARY. FOR THE PURPOSES OF THIS  SECTION  THE  TERMS
"ELECTED  OFFICIAL"  AND "ELECTED OFFICE" SHALL MEAN AN ELECTED OFFICIAL
OR ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,  TOWN,  VILLAGE  OR
POLITICAL  SUBDIVISION,  EXCEPT  JUDGES OR JUSTICES OF THE UNIFIED COURT
SYSTEM.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after October 1, 2008.

2009-A1224A - Details

Laws Affected:: Add §1-108, El L

2009-A1224A - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-A1224A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1224--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  JEFFRIES,  COLTON,  MOLINARO,  JAFFEE, DIAZ,
  PEOPLES, KOLB, MILLMAN, BENJAMIN, KAVANAGH, PERRY,  PERALTA,  BOYLAND,
  LANCMAN,  WEPRIN, WRIGHT, TOWNS, POWELL, ROBINSON, P. RIVERA -- Multi-
  Sponsored by -- M.   of A. CAMARA, CHRISTENSEN,  GLICK,  ROSENTHAL  --
  read  once  and referred to the Committee on Election Law -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend  the  election  law,  in  relation  to  requiring  voter
  approval  for the abolition or modification of term limits for certain
  elected offices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The election law is amended by adding a new section 1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF AN ELECTED OFFICIAL HAS BEEN LIMITED  BY  REFERENDUM  OR  PROPOSITION
(HEREINAFTER, "REFERENDUM"), THE LEGISLATIVE BODY WHICH HAS CONTROL OVER
THE  TERM  LIMITED ELECTED OFFICIAL MAY ADOPT A RESOLUTION TO ABOLISH OR
MODIFY THE TERM LIMIT OF AN ELECTED OFFICE AND SUCH RESOLUTION SHALL  BE
SUBMITTED  TO  THE  APPROPRIATE QUALIFIED ELECTORS FOR THEIR APPROVAL OR
DISAPPROVAL AT A  REGULAR  OR  SPECIAL  ELECTION  (HEREINAFTER,  "SECOND
REFERENDUM").    SUCH  RESOLUTION  SHALL  BE  ADOPTED BY THE APPROPRIATE
LEGISLATIVE BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE  SECOND
REFERENDUM  IS  CONDUCTED.    NO  SUCH RESOLUTION SHALL BECOME EFFECTIVE
UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE  APPROPRI-
ATE QUALIFIED ELECTORS VOTING ON  SUCH  SECOND  REFERENDUM.    A  SECOND
REFERENDUM  SHALL ALSO BE REQUIRED WHERE, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, A TERM LIMITATION ON ELECTED OFFICE HAS BEEN ABOLISHED  OR
MODIFIED  LEGISLATIVELY,  PROVIDED  THAT  THE  TERM  OF  OFFICE HAD BEEN

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

                                                           LBD03701-03-9

A. 1224--A                          2

ORIGINALLY LIMITED BY REFERENDUM.  THE VOTE ON  SUCH  SECOND  REFERENDUM
SHALL  BE  CONDUCTED  PURSUANT TO THE RULES AND REGULATIONS OF THE STATE
BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO LATER THAN
THE  FIRST  TUESDAY  IN  MAY IN THE SAME YEAR THAT A GENERAL ELECTION IS
SCHEDULED TO BE HELD FOR THE OFFICE SUBJECT TO TERM LIMIT  MODIFICATION.
IF THE APPROPRIATE LEGISLATIVE BODY SHALL HAVE ADOPTED SUCH A RESOLUTION
AND  IF  A MAJORITY OF THE VOTES CAST ON ANY SUCH SECOND REFERENDUM WHEN
SUBMITTED AS PROVIDED IN THIS SECTION SHALL BE IN THE  AFFIRMATIVE,  THE
TERMS OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH SECOND REFER-
ENDUM  AND THEREAFTER ELECTED SHALL BE AS PROVIDED IN SUCH SECOND REFER-
ENDUM.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW OR  REGULATION,
CITY  CHARTER  OR  POLITICAL  SUBDIVISION LAW, RULE, REGULATION, CODE OR
ORDINANCE TO THE CONTRARY. FOR THE PURPOSES OF THIS  SECTION  THE  TERMS
"ELECTED  OFFICIAL"  AND "ELECTED OFFICE" SHALL MEAN AN ELECTED OFFICIAL
OR ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,  TOWN,  VILLAGE  OR
POLITICAL  SUBDIVISION,  EXCEPT  JUDGES OR JUSTICES OF THE UNIFIED COURT
SYSTEM.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after October 1, 2008.

2009-A1224B - Details

Laws Affected:: Add §1-108, El L

2009-A1224B - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-A1224B - Sponsor Memo

                                BILL NUMBER:A1224B

TITLE OF BILL:  An act to amend the election law, in relation to requir-
ing voter approval for the abolition or modification of term limits for
certain elected offices

SUMMARY OF PROVISIONS:  The bill will add a new Section 1-108 to the
Election Law to require that in any political subdivision where the term
of office of an elected official has been limited by referendum, the
legislative body with jurisdiction over the term limited elected office
may adopt a resolution to abolish or modify the term limit and such
resolution shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at
least ninety days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved by
the affirmative vote of the majority of the electors who participate in
the referendum. The referendum is to be held no later than the first
Tuesday of March in the year the general election is scheduled for the
term limited office.

This law will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of the
unified court system.

REASONS FOR SUPPORT:  Term limits, particularly with respect to the

legislative branch, artificially restrict voter choice and dilute repre-
sentative democracy'. However, where the public has participated in the
referendum process, a legitimate expectation exists that their opinion
as expressed in the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum concerns the
term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is to revisit
the issue with the public in a referendum. Otherwise, the integrity of
our democracy is undermined, particularly when elected officials who are
self-interested in the outcome overturn the expressed will of the
voters.

Recently, we have witnessed the corrosive impact that such a legislative
maneuver can have on the democratic process in New York City. In 1993
and 1996, New York City residents voted by referendum to limit the
tenure of municipal officeholders to two terms, or a total of eight
years. Not only did the public express its support for term limits
twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York
City Council passed legislation extending the term limits of municipal
officeholders to a total of twelve years. The voters, understandably,
reacted with outrage and felt relegated to the sidelines of the public

square even though their opinions had been clearly expressed on two
occasions.

The state legislature functions as the custodians of the electoral
system administered in New York. Accordingly, we are charged with the
responsibility of protecting the integrity of the democratic process,
and the will of residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that
respects the public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state, includ-
ing Syracuse and New York City. Ultimately, maintaining the public's
confidence in the legitimacy of our representative democracy requires no
less.

PRIOR LEGISLATIVE HISTORY:  New bill.

2009-A1224B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1224--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  JEFFRIES, COLTON, MOLINARO, JAFFEE, PEOPLES,
  KOLB, MILLMAN, BENJAMIN, KAVANAGH, PERRY, PERALTA,  BOYLAND,  LANCMAN,
  WEPRIN,  WRIGHT,  TOWNS,  POWELL,  ROBINSON,  P. RIVERA,  ESPAILLAT --
  Multi-Sponsored by -- M. of A. BRENNAN,  CAMARA,  CHRISTENSEN,  GLICK,
  ROSENTHAL  --  read once and referred to the Committee on Election Law
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  -- reported and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election  law,  in  relation to requiring voter
  approval for the abolition or modification of term limits for  certain
  elected offices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF  AN  ELECTED  OFFICIAL  HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION
(HEREINAFTER, "REFERENDUM"), THE LEGISLATIVE BODY WHICH HAS CONTROL OVER
THE TERM LIMITED ELECTED OFFICIAL MAY ADOPT A RESOLUTION TO  ABOLISH  OR
MODIFY  THE TERM LIMIT OF AN ELECTED OFFICE AND SUCH RESOLUTION SHALL BE
SUBMITTED TO THE APPROPRIATE QUALIFIED ELECTORS FOR  THEIR  APPROVAL  OR
DISAPPROVAL  AT  A  REGULAR  OR  SPECIAL  ELECTION (HEREINAFTER, "SECOND
REFERENDUM").   SUCH RESOLUTION SHALL  BE  ADOPTED  BY  THE  APPROPRIATE
LEGISLATIVE  BODY AT LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND
REFERENDUM IS CONDUCTED.   NO SUCH  RESOLUTION  SHALL  BECOME  EFFECTIVE
UNTIL APPROVED BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE  APPROPRI-
ATE  QUALIFIED  ELECTORS  VOTING  ON  SUCH SECOND REFERENDUM.   A SECOND
REFERENDUM SHALL ALSO BE REQUIRED WHERE, PRIOR TO THE EFFECTIVE DATE  OF

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

                                                           LBD03701-06-9

A. 1224--B                          2

THIS  SECTION, A TERM LIMITATION ON ELECTED OFFICE HAS BEEN ABOLISHED OR
MODIFIED LEGISLATIVELY, PROVIDED  THAT  THE  TERM  OF  OFFICE  HAD  BEEN
ORIGINALLY  LIMITED  BY REFERENDUM.   THE VOTE ON SUCH SECOND REFERENDUM
SHALL  BE  CONDUCTED  PURSUANT TO THE RULES AND REGULATIONS OF THE STATE
BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO LATER THAN
THE FIRST TUESDAY IN MARCH IN THE SAME YEAR THAT A GENERAL  ELECTION  IS
SCHEDULED  TO BE HELD FOR THE OFFICE SUBJECT TO TERM LIMIT MODIFICATION.
IF THE APPROPRIATE LEGISLATIVE BODY SHALL HAVE ADOPTED SUCH A RESOLUTION
AND IF A MAJORITY OF THE VOTES CAST ON ANY SUCH SECOND  REFERENDUM  WHEN
SUBMITTED  AS  PROVIDED IN THIS SECTION SHALL BE IN THE AFFIRMATIVE, THE
TERMS OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH SECOND REFER-
ENDUM AND THEREAFTER ELECTED SHALL BE AS PROVIDED IN SUCH SECOND  REFER-
ENDUM.   THE REFERENDUM PROCESS REQUIRED BY THIS SECTION SHALL NOT APPLY
TO THE MODIFICATION OF TERM LIMITS BY A PUBLICLY  INITIATED  REFERENDUM.
THIS  SECTION  SHALL  SUPERSEDE  ANY OTHER STATE LAW OR REGULATION, CITY
CHARTER OR POLITICAL SUBDIVISION LAW, RULE, REGULATION,  CODE  OR  ORDI-
NANCE  TO  THE  CONTRARY.  FOR  THE  PURPOSES  OF THIS SECTION THE TERMS
"ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN AN  ELECTED  OFFICIAL
OR  ELECTED  OFFICE  OF ANY COUNTY, CITY, MUNICIPALITY, TOWN, VILLAGE OR
POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF  THE  UNIFIED  COURT
SYSTEM.
  S 2. This act shall take effect January 1, 2010.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A1224C - Details

Laws Affected:: Add §1-108, El L

2009-A1224C - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-A1224C - Sponsor Memo

                                BILL NUMBER:A1224C

TITLE OF BILL:  An act to amend the election law, in relation to requir-
ing  voter approval for the abolition or modification of term limits for
certain elected offices

SUMMARY OF PROVISIONS:  The bill will add a new  Section  1-108  to  the
Election Law to require that in any political subdivision where the term
of  office  of  an  elected official has been limited by referendum, the
legislative body with jurisdiction over the term limited elected  office
may  adopt  a  resolution  to  abolish or modify the term limit and such
resolution shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative  body  at
least  ninety  days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved by
the affirmative vote of the majority of the electors who participate  in
the  referendum.  The  referendum  is to be held no later than the first
Tuesday of March in the year the general election is scheduled  for  the
term limited office.

This  law  will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of the
unified court system.

REASONS FOR SUPPORT:   Term limits, particularly  with  respect  to  the

legislative branch, artificially restrict voter choice and dilute repre-
sentative  democracy.  However, where the public has participated in the
referendum process, a legitimate expectation exists that  their  opinion
as  expressed  in  the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum  concerns  the
term of office of individuals elected to represent the people.

In  this  circumstance,  even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is  to  revisit
the  issue  with the public in a referendum. Otherwise, the integrity of
our democracy is undermined, particularly when elected officials who are
self-interested in the  outcome  overturn  the  expressed  will  of  the
voters.

Recently, we have witnessed the corrosive impact that such a legislative
maneuver  can  have  on the democratic process in New York City. In 1993
and 1996, New York City residents  voted  by  referendum  to  limit  the
tenure  of  municipal  officeholders  to  two terms, or a total of eight
years. Not only did the public  express  its  support  for  term  limits
twice, it did so in considerable fashion.

Nevertheless,  in  direct contravention of the public will, the New York
City Council passed legislation extending the term limits  of  municipal
officeholders  to  a  total of twelve years. The voters, understandably,
reacted with outrage and felt relegated to the sidelines of  the  public

square  even  though  their  opinions  had been clearly expressed on two
occasions.

The  state  legislature  functions  as  the  custodians of the electoral
system administered in New York. Accordingly, we are  charged  with  the
responsibility  of  protecting  the integrity of the democratic process,
and the will of residents who elect their representatives.

In this capacity, it is  appropriate  to  enact  a  statewide  law  that
respects  the  public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state,  includ-
ing  Syracuse  and  New  York City. Ultimately, maintaining the public's
confidence in the legitimacy of our representative democracy requires no
less.

PRIOR LEGISLATIVE HISTORY:  New bill.

2009-A1224C - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1224--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced   by   M.   of   A.   JEFFRIES,   COLTON,  MOLINARO,  JAFFEE,
  PEOPLES-STOKES, KOLB, MILLMAN,  BENJAMIN,  KAVANAGH,  PERRY,  PERALTA,
  BOYLAND,  LANCMAN, WRIGHT, TOWNS, POWELL, ROBINSON, P. RIVERA, ESPAIL-
  LAT -- Multi-Sponsored by -- M. of A.  BRENNAN,  CAMARA,  CHRISTENSEN,
  GLICK,  ROSENTHAL  --  read  once  and  referred  to  the Committee on
  Election Law -- committee discharged, bill amended, ordered  reprinted
  as  amended and recommitted to said committee -- reported and referred
  to the Committee on Ways  and  Means  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  election  law,  in  relation to requiring voter
  approval for the abolition or modification of term limits for  certain
  elected offices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF  AN  ELECTED  OFFICIAL  HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION
(HEREINAFTER, "REFERENDUM"), A LEGISLATIVE BODY WITHIN THE  GOVERNMENTAL
OR  POLITICAL SUBDIVISION IMPACTED BY THE TERM LIMITATION OR RESTRICTION
IS PROHIBITED FROM MODIFYING  OR  ABOLISHING  SUCH  TERM  LIMITATION  OR
RESTRICTION  BY  LEGISLATIVE  ACTION. IN ORDER FOR A LEGISLATIVE BODY TO
MODIFY OR ABOLISH A TERM LIMITATION OR RESTRICTION INITIALLY IMPOSED  BY
REFERENDUM, SUCH LEGISLATIVE BODY MUST SUBMIT A RESOLUTION TO THE APPRO-
PRIATE  QUALIFIED ELECTORS OR VOTERS (HEREINAFTER, "ELECTORS") FOR THEIR
APPROVAL AT A REGULAR OR SPECIAL ELECTION (HEREINAFTER, "SECOND REFEREN-
DUM").  SUCH RESOLUTION SHALL BE ADOPTED BY THE APPROPRIATE  LEGISLATIVE

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

A                                                          LBD03701-07-9

A. 1224--C                          2

BODY  AT  LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND REFERENDUM
IS CONDUCTED.  NO SUCH RESOLUTION SHALL BECOME EFFECTIVE UNTIL  APPROVED
BY  THE  AFFIRMATIVE  VOTE OF THE MAJORITY OF THE  APPROPRIATE QUALIFIED
ELECTORS  VOTING  ON  SUCH  SECOND REFERENDUM.   THE VOTE ON SUCH SECOND
REFERENDUM SHALL BE CONDUCTED PURSUANT TO THE RULES AND  REGULATIONS  OF
THE  STATE BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO
LATER THAN THE FIRST TUESDAY IN MARCH IN THE SAME YEAR  THAT  A  GENERAL
ELECTION  IS  SCHEDULED  TO BE HELD FOR THE OFFICE OR OFFICES SUBJECT TO
TERM LIMIT MODIFICATION OR ABOLISHMENT. IF THE  APPROPRIATE  LEGISLATIVE
BODY PUTS FORTH SUCH A RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON
ANY  SUCH  SECOND  REFERENDUM WHEN SUBMITTED AS PROVIDED IN THIS SECTION
SHALL BE IN THE AFFIRMATIVE, THE TERMS OF OFFICE OF THOSE ELECTED  OFFI-
CERS  INCLUDED IN SUCH SECOND REFERENDUM AND THEREAFTER ELECTED SHALL BE
AS PROVIDED IN SUCH SECOND REFERENDUM.  THE REFERENDUM PROCESS  REQUIRED
BY  THIS  SECTION  SHALL NOT PROHIBIT OR IN ANY WAY ALTER THE PROCESS BY
WHICH A TERM LIMITATION CAN BE MODIFIED OR ABOLISHED  BY  A  CITIZEN  OR
PUBLICLY  INITIATED  REFERENDUM  OTHERWISE  AUTHORIZED BY THE LAW OF THE
RELEVANT JURISDICTION.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW
OR REGULATION, CITY CHARTER OR POLITICAL SUBDIVISION  LAW,  RULE,  REGU-
LATION,  CODE  OR  ORDINANCE  TO  THE CONTRARY. FOR THE PURPOSES OF THIS
SECTION THE TERMS "ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN  AN
ELECTED  OFFICIAL  OR  ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,
TOWN, VILLAGE OR POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE
UNIFIED COURT SYSTEM.
  S 2. This act shall take effect January 1, 2010.

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2009-A1224D (ACTIVE) - Details

Laws Affected:: Add §1-108, El L

2009-A1224D (ACTIVE) - Summary

Requires voter approval for the abolition or modification of term limits for certain elected offices; requires resolution of local legislative body followed by a voter referendum; sets procedures.

2009-A1224D (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A1224D

TITLE OF BILL:  An act to amend the election law, in relation to requir-
ing voter approval for the abolition or modification of term limits for
certain elected offices

SUMMARY OF PROVISIONS: The bill will add a new Section 1-108 to the
Election Law to require that in any political subdivision where the term
of office of an elected official has been limited by referendum, the
legislative body with jurisdiction over the term limited elected office
may adopt a resolution to abolish or modify the term limit and such
resolution shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at
least ninety days prior to the date of the referendum required by this
legislation. No such resolution shall become effective until approved by
the affirmative vote of the majority of the electors who participate in
the referendum. The referendum is to be held no later than the first
Tuesday of March in the year the general election is scheduled for the
term limited office.

This law will apply to any elected office in any county, municipality,
town, village or political subdivision, except judges or justices of the
unified court system.

REASONS FOR SUPPORT: Term limits, particularly with respect to the

legislative branch, artificially restrict voter choice and dilute repre-
sentative democracy. However, where the public has participated in the
referendum process, a legitimate expectation exists that their opinion
as expressed in the outcome of the referendum will be respected. That
expectation is particularly justified when the referendum concerns the
term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term
limits, the most appropriate mechanism to change the law is to revisit
the issue with the public in a referendum. Otherwise, the integrity of
our democracy is undermined, particularly when elected officials who are
self-interested in the outcome overturn the expressed will of the
voters.

Recently, we have witnessed the corrosive impact that such a legislative
maneuver can have on the democratic process in New York City. In 1993
and 1996, New York City residents voted by referendum to limit the
tenure of municipal officeholders to two terms, or a total of eight
years. Not only did the public express its support for term limits
twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York
City Council passed legislation extending the term limits of municipal
officeholders to a total of twelve years. The voters, understandably,
reacted with outrage and felt relegated to the sidelines of the public

square even though their opinions had been clearly expressed on two
occasions.

The state legislature functions as the custodians of the electoral
system administered in New York. Accordingly, we are charged with the
responsibility of protecting the integrity of the democratic process,
and the will of residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that
respects the public referendum process on the issue of term limits, in
any municipality, county, town or village throughout the state, includ-
ing Syracuse and New York City. Ultimately, maintaining the public's
confidence in the legitimacy of our representative democracy requires no
less.

PRIOR LEGISLATIVE HISTORY: New bill.

EFFECTIVE DATE: This act shall take effect on July 1, 2010.

2009-A1224D (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1224--D
                                                        Cal. No. 110

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced   by   M.   of   A.   JEFFRIES,   COLTON,  MOLINARO,  JAFFEE,
  PEOPLES-STOKES, KOLB, MILLMAN,  BENJAMIN,  KAVANAGH,  PERRY,  PERALTA,
  BOYLAND,  LANCMAN, WRIGHT, TOWNS, POWELL, ROBINSON, P. RIVERA, ESPAIL-
  LAT -- Multi-Sponsored by -- M. of A.  BRENNAN,  CAMARA,  CHRISTENSEN,
  GLICK,  ROSENTHAL  --  read  once  and  referred  to  the Committee on
  Election Law -- committee discharged, bill amended, ordered  reprinted
  as  amended and recommitted to said committee -- reported and referred
  to the Committee on Ways  and  Means  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  from committee, advanced to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN  ACT  to  amend  the  election  law,  in  relation to requiring voter
  approval for the abolition or modification of term limits for  certain
  elected offices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  1-108
to read as follows:
  S 1-108. VOTER APPROVAL FOR MODIFICATION OF TERM LIMITS. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHERE THE TERM OF OFFICE
OF  AN  ELECTED  OFFICIAL  HAS BEEN LIMITED BY REFERENDUM OR PROPOSITION
(HEREINAFTER, "REFERENDUM"), A LEGISLATIVE BODY WITHIN THE  GOVERNMENTAL
OR  POLITICAL SUBDIVISION IMPACTED BY THE TERM LIMITATION OR RESTRICTION
IS PROHIBITED FROM MODIFYING  OR  ABOLISHING  SUCH  TERM  LIMITATION  OR
RESTRICTION  BY  LEGISLATIVE  ACTION. IN ORDER FOR A LEGISLATIVE BODY TO
MODIFY OR ABOLISH A TERM LIMITATION OR RESTRICTION INITIALLY IMPOSED  BY
REFERENDUM, SUCH LEGISLATIVE BODY MUST SUBMIT A RESOLUTION TO THE APPRO-
PRIATE  QUALIFIED ELECTORS OR VOTERS (HEREINAFTER, "ELECTORS") FOR THEIR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03701-10-0

A. 1224--D                          2

APPROVAL AT A REGULAR OR SPECIAL ELECTION (HEREINAFTER, "SECOND REFEREN-
DUM").  SUCH RESOLUTION SHALL BE ADOPTED BY THE APPROPRIATE  LEGISLATIVE
BODY  AT  LEAST NINETY DAYS PRIOR TO THE DATE THAT THE SECOND REFERENDUM
IS  CONDUCTED.  NO SUCH RESOLUTION SHALL BECOME EFFECTIVE UNTIL APPROVED
BY THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE    APPROPRIATE  QUALIFIED
ELECTORS  VOTING  ON  SUCH  SECOND REFERENDUM.   THE VOTE ON SUCH SECOND
REFERENDUM SHALL BE CONDUCTED PURSUANT TO THE RULES AND  REGULATIONS  OF
THE  STATE BOARD OF ELECTIONS; PROVIDED THAT SUCH VOTE SHALL BE TAKEN NO
LATER THAN THE FIRST TUESDAY IN MARCH IN THE SAME YEAR  THAT  A  GENERAL
ELECTION  IS  SCHEDULED  TO BE HELD FOR THE OFFICE OR OFFICES SUBJECT TO
TERM LIMIT MODIFICATION OR ABOLISHMENT. IF THE  APPROPRIATE  LEGISLATIVE
BODY PUTS FORTH SUCH A RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON
ANY  SUCH  SECOND  REFERENDUM WHEN SUBMITTED AS PROVIDED IN THIS SECTION
SHALL BE IN THE AFFIRMATIVE, THE TERMS OF OFFICE OF THOSE ELECTED  OFFI-
CERS  INCLUDED IN SUCH SECOND REFERENDUM AND THEREAFTER ELECTED SHALL BE
AS PROVIDED IN SUCH SECOND REFERENDUM.  THE REFERENDUM PROCESS  REQUIRED
BY  THIS  SECTION  SHALL NOT PROHIBIT OR IN ANY WAY ALTER THE PROCESS BY
WHICH A TERM LIMITATION CAN BE MODIFIED OR ABOLISHED  BY  A  CITIZEN  OR
PUBLICLY  INITIATED  REFERENDUM  OTHERWISE  AUTHORIZED BY THE LAW OF THE
RELEVANT JURISDICTION.  THIS SECTION SHALL SUPERSEDE ANY OTHER STATE LAW
OR REGULATION, CITY CHARTER OR POLITICAL SUBDIVISION  LAW,  RULE,  REGU-
LATION,  CODE  OR  ORDINANCE  TO  THE CONTRARY. FOR THE PURPOSES OF THIS
SECTION THE TERMS "ELECTED OFFICIAL" AND "ELECTED OFFICE" SHALL MEAN  AN
ELECTED  OFFICIAL  OR  ELECTED OFFICE OF ANY COUNTY, CITY, MUNICIPALITY,
TOWN, VILLAGE OR POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE
UNIFIED COURT SYSTEM.
  S 2. This act shall take effect July 1, 2010.

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JEFFRIES

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co-Sponsors

William Colton

Marcus Molinaro

Ellen C. Jaffee

Crystal Peoples-Stokes

multi-Sponsors

James F. Brennan

Karim Camara

Joan Christensen

Deborah Glick

2009-A1224C - Details

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co-Sponsors

William Colton

Marcus Molinaro

Ellen C. Jaffee

Crystal Peoples-Stokes

multi-Sponsors

James F. Brennan

Karim Camara

Joan Christensen

Deborah Glick

2009-A1224D (ACTIVE) - Details

2009-A1224D (ACTIVE) - Summary

2009-A1224D (ACTIVE) - Sponsor Memo

2009-A1224D (ACTIVE) - Bill Text download pdf

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