BILL NUMBER:A10282
TITLE OF BILL: An act to amend the election law, in relation to requir-
ing the voters to approve the repeal of any term limit
PURPOSE OR GENERAL IDEA OF THE BILL: This bill would require that the
repeal of any term limits legislation would have to be approved by the
voters of the municipality before any changes in term limits could take
effect.
SUMMARY: This bill amends the election law by adding a new section 1-108
that would require that any legislative body wishing to amend or repeal
term limits legislation in their municipality would have to pass a
resolution and bring the matter before the voters at the next election.
JUSTIFICATION: Increasingly, communities are looking to revise their
charters to impose limits on the number of terms that local elected
officials can serve. The public confidence is damaged if the elected
officials affected by the term limits can simply repeal the legislation.
The power of government should rest with the people. They are the elec-
torate and elected officials have a responsibility to do the will of the
people. If the people want the term limits repealed, then they should
have the right to do so by referendum.
PRIOR LEGISLATIVE HISTORY:
S T A T E O F N E W Y O R K
________________________________________________________________________
10282
I N A S S E M B L Y
March 16, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. THIELE
-- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to requiring the voters to
approve the repeal of any term limit
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. REPEAL OF TERM LIMITS. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW TO THE CONTRARY, IN THOSE ELECTED OFFICES WHERE THE TERM OF OFFICE
OF AN ELECTED OFFICIAL HAS BEEN LIMITED, ONLY AT LEAST ONE HUNDRED FIFTY
DAYS PRIOR TO ANY ELECTION, THE LEGISLATIVE BODY THAT HAS CONTROL OVER
THE TERM LIMITED ELECTED OFFICIAL MAY ADOPT A RESOLUTION TO PROVIDE THAT
THE TERM OF OFFICE OF THE ELECTED OFFICIAL THEREAFTER SHALL NOT HAVE A
TERM LIMIT, AND SUCH RESOLUTION SHALL BE SUBMITTED TO THE APPROPRIATE
QUALIFIED ELECTORS FOR THEIR APPROVAL OR DISAPPROVAL AT THE NEXT
ELECTION. NO SUCH RESOLUTION SHALL BECOME EFFECTIVE UNTIL APPROVED BY
THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE APPROPRIATE QUALIFIED ELEC-
TORS VOTING ON SUCH PROPOSITION. THE VOTE ON SUCH PROPOSITION SHALL BE
CONDUCTED PURSUANT TO THE RULES AND REGULATIONS OF THE STATE BOARD OF
ELECTIONS. IF THE APPROPRIATE LEGISLATIVE BODY SHALL HAVE ADOPTED SUCH A
RESOLUTION AND IF A MAJORITY OF THE VOTES CAST ON ANY SUCH PROPOSITION
WHEN SUBMITTED AS HEREIN PROVIDED SHALL BE IN THE AFFIRMATIVE, THE TERMS
OF OFFICE OF THOSE ELECTED OFFICERS INCLUDED IN SUCH PROPOSITION AND
THEREAFTER ELECTED SHALL NOT HAVE A TERM LIMIT. THIS SECTION SHALL TAKE
PRECEDENCE OVER ANY CITY CHARTER OR ANY OTHER POLITICAL SUBDIVISION'S
LAW, RULE OR REGULATION TO THE CONTRARY. FOR THE PURPOSES OF THIS
SECTION THE TERM "ELECTED OFFICIAL" SHALL MEAN AN ELECTED OFFICIAL OF A
POLITICAL SUBDIVISION, EXCEPT JUDGES OR JUSTICES OF THE UNIFIED COURT
SYSTEM.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15844-01-0
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