S T A T E O F N E W Y O R K
________________________________________________________________________
200
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JEFFRIES, TOWNS, WRIGHT, KAVANAGH, BENJAMIN,
POWELL, WEPRIN, LANCMAN, PERRY, PERALTA, BOYLAND -- Multi-Sponsored by
-- M. of A. CAMARA, DIAZ, 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. SUCH RESOLUTION SHALL BE
ADOPTED BY THE APPROPRIATE LEGISLATIVE BODY AT LEAST NINETY DAYS PRIOR
TO THE DATE THAT THE 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 REFERENDUM. A
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 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 SCHE-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00309-01-9
A. 200 2
DULED 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 REFERENDUM WHEN SUBMIT-
TED AS PROVIDED IN THIS SECTION SHALL BE IN THE AFFIRMATIVE, THE TERMS
OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH REFERENDUM AND
THEREAFTER ELECTED SHALL BE AS PROVIDED IN SUCH REFERENDUM. 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.