S T A T E O F N E W Y O R K
________________________________________________________________________
4879
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
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Introduced by M. of A. P. RIVERA, KELLNER, MILLMAN, J. RIVERA, BENEDET-
TO, JAFFEE, COOK -- Multi-Sponsored by -- M. of A. ARROYO, AUBRY,
BENJAMIN, BOYLAND, BRENNAN, CAHILL, CAMARA, CLARK, DIAZ, ESPAILLAT,
FARRELL, GANTT, GREENE, HEASTIE, HOOPER, JEFFRIES, P. LOPEZ, V. LOPEZ,
MAISEL, ORTIZ, PEOPLES, PERALTA, PERRY, POWELL, PRETLOW, RAMOS, REIL-
LY, N. RIVERA, ROBINSON, TITUS, TOWNS, WRIGHT -- 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:
S 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.
S 2. Paragraph (b) of subdivision 2 of section 81 of the town law is
REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05061-01-9
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S 3. Section 85 of the town law is amended to read as follows:
S 85. Ward system for election of councilmen. [1. Whenever a proposi-
tion shall have been adopted in a town of the first class for the estab-
lishment of the ward system and the election thereafter of one council-
man 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 councilmen 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 established after such filing is
complete. After a ward system shall have been so established, the term
of office of every town councilman 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 councilman 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
councilmen, the electors of the town shall elect one-half of the total
number of town councilmen for the term of two years each and one-half of
the total number of town councilmen 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 councilmen for the term of four years
each. The terms of all such councilmen shall begin on the first day of
January next succeeding the date of their election.]
S 4. Section 87 of the town law, as amended by chapter 374 of the laws
of 1940, is amended to read as follows:
S 87. Increase [or decrease] of number of councilmen. [1.] 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
councilmen from four to six, party nominations for town councilmen may
be made and designating petitions filed and four town councilmen 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 councilmen 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 councilman shall begin on the
first day of January next succeeding the election at which he was
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
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increase the number of councilmen from two to four, party nominations
for town councilmen may be made and designating petitions filed and
three town councilmen shall be elected at the first biennial 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 thereafter at
each biennial town election in such town, there shall be elected two
town councilmen 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 councilman shall begin on the first day of January next
succeeding the election at which he was elected.
3. Whenever a proposition shall have been adopted in a town of the
first class to reduce the number of councilmen from four to two, no town
councilmen 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 councilmen may be made and designating
petitions filed and two town councilmen shall be elected at the biennial
town election next succeeding the biennial town election at which no
town councilmen are elected, one for a term of two years and one for a
term of four years and thereafter at each biennial town election in such
town there shall be elected one town councilman 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 councilman shall begin on the first day
of January next succeeding the election at which he was elected.]
S 5. Subdivision 13 of section 341 of the town law is REPEALED.
S 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.
S 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.
S 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.
S 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 ELEVEN, 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
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SECTIONS WHICH SHALL APPLY ONLY TO SUCH FIRST ELECTION. NO SUCH
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 JUNE IN TWO THOUSAND TWELVE, TWO THOUSAND
THIRTEEN AND TWO THOUSAND FOURTEEN, THE ATTORNEY-GENERAL 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.
S 7. This act shall take effect immediately and shall apply to general
elections and general village elections occurring after September 1,
2010.