Senate Bill S1427

2009-2010 Legislative Session

Prohibits at large election of members of town and village legislative bodies; requires election of members by wards

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Archive: Last Bill Status - In Senate Committee Elections Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to elections
Feb 02, 2009	referred to elections

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2009-S1427 (ACTIVE) - Details

See Assembly Version of this Bill:: A4879
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §15-130, El L; rpld §81 sub 2 ¶(b), §341 sub 13, amd §§85 & 87, Town L; add Art 7-B §§150 - 152, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:: A4423

2009-S1427 (ACTIVE) - Summary

Prohibits, for elections after September 1, 2010, the at large election of members of town and village legislative bodies; requires county boards of elections to establish wards for such elections; provides for one time exemption for the first such election; requires reapportionment every 10 years.

2009-S1427 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1427

 TITLE OF BILL :
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 reapportionment to assist boards of election to establish
wards, authorizing 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


 PURPOSE OR GENERAL IDEA OF BILL :
Deals with antiquated election practices. Prohibits at large election
of members of town and village legislative bodies; requires election
of members by wards.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the Election law by mandating election by wards
Separate ballot boxes/voting machines must be provided for each ward.

Section 2 repeals paragraph (b) of subdivision 2 of the town law.

Section 3 amends section 85 of the town law to eliminate the
requirement of referendum to have ward-based elections.

Section 4 amends section 87 of the town law to eliminate the
requirement of referendum to have ward-based elections, therefore
requiring such elections everywhere.

Section 5 repeals subdivision 13 of section 341 of the town law.

Section 6 amends the general municipal law by adding a new article 7-B
to prohibit at large elections, to establish ward systems - the number
of wards would equal to the number of current members of
governing/legislative bodies. The department of state and the
legislative task force on demographic research and reapportionment
shall provide the boards of elections with assistance to implement
ward system. Wards shall be reapportioned at the same time as
congressional, assembly, and senate districts. The secretary of state
and the attorney general must jointly approve an exemption if the
municipality cannot comply by September 1, 2009 The notice shall
include specific reasons and timeline for action to comply with the
law by next election thereafter. The reports of exemptions must be
submitted to the governor and the legislature.

Section 7 makes the: enactment immediate and application to elections
occurring after September 1, 2009.

 JUSTIFICATION :
This legislation would ban the use of at-large elections and force the
932 towns and 554 villages in the state to adopt modern district
elections system. Courts have forced 12 municipalities to change to
district-based voting because their at-large elections were ruled
discriminatory.

Most recently, the federal government won a lawsuit against the
Westchester Village of Port Chester requiring it to draw districts and
ensure the voting rights of the thousands of Hispanics residing there.
Federal courts throughout the nation have ruled in recent years that

at-large elections systematically dilute the minority vote and cause
polarized voting patterns based on ethnicity and race.

New York continues to use an electoral system that time after time has
been found by the courts to dilute the vote of minorities.  Throughout
this state, there are communities bursting at the seams because of the
explosive growth of minority communities To allow the present
elections system to stand is to allow a discriminatory practice to
continue. This is unacceptable.

Throughout the nation, minority communities, women and political
minorities of all persuasions are under-represented in state and local
governments. While the federal Voting Rights Act has provided a degree
of relief to these communities, additional fair access to the ballot
is needed and states can strengthen the Voting Rights Act.

The legislation expands the federal Voting Rights Act by forcing
communities that continue to rely on at-large elections to adopt
district or ward elections by the fall of 2009. This move alone will
allow minority communities and all communities in areas that use at
large elections with greater access to the ballot, both as candidates
for office and as voters. In addition, the legislation mandates the
New York Department of State to assist all of the 932 towns and 554
villages with the technical needs to draw the not political lines.

This is a simple and practical solution and one that modernizes our
elections system. Today, all municipalities have access to the
technology to help them draw election districts for all their
communities, therefore putting an end to back-room political dealings
that run slates of good-old-buddies for elections that make a mockery
of our democratic system.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Not applicable.

 EFFECTIVE DATE :
This act shall take effect immediately and apply to general elections
and general village elections occurring after September 1, 2010.

2009-S1427 (ACTIVE) - Bill Text download pdf

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

                                  1427

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens. DILAN, BRESLIN, DIAZ, HUNTLEY, KRUGER, MONTGOMERY,
  ONORATO, PERKINS, SAMPSON, STAVISKY -- read twice and ordered printed,
  and when printed to be committed to the Committee on Elections

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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05061-01-9

S. 1427                             2

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
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

S. 1427                             3

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
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.

S. 1427                             4

  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.

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Senate Bill S1427

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Archive: Last Bill Status - In Senate Committee Elections Committee

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co-Sponsors

2009-S1427 (ACTIVE) - Details

2009-S1427 (ACTIVE) - Summary

2009-S1427 (ACTIVE) - Sponsor Memo

2009-S1427 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

co-Sponsors

2009-S1427 (ACTIVE) - Details

2009-S1427 (ACTIVE) - Summary

2009-S1427 (ACTIVE) - Sponsor Memo

2009-S1427 (ACTIVE) - Bill Text download pdf

Comments