NY State Senate Bill 2009-S4471

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to local government
Apr 23, 2009	referred to local government

co-Sponsors

2009-S4471 (ACTIVE) - Details

See Assembly Version of this Bill:: A6392
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Add Art 3-A Title 2-A §§51-a - 51-c, Town L

2009-S4471 (ACTIVE) - Summary

Relates to election by wards in suburban towns.

2009-S4471 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4471

 TITLE OF BILL :

An act to amend the town law, in relation to election by wards in
suburban towns

 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit at-large elections in suburban class towns.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends Article 3-A of the town law by adding a new title 2-A:
Election By Wards In Suburban Towns. Section 51-a of Title 2-A
provides that no members of the town board of a suburban town shall be
elected at-large. Section 51-b requires the board of elections of a
county to divide each suburban town into such number of wards as is
equal to the number of members on the town board of such town and the
terms for town board members shall be reduced from four years to two
years thereafter. Section 51-c would provide for a temporary exemption
in the event that a suburban town is unable to comply with the
provisions.

 EXISTING LAW :

Section 85 of town law provides towns of every class - first, second
and suburban - with the process to adopt a ward system for the
election of council members. This is a voluntary process and subject
to voter approval. In order for any town, including suburban class
towns, to repeal at-large elections for council members, such town
board would first need to put a proposition on the ballot. Only if
adopted by the voters, then would the county board of elections divide
the town into wards with an equal number of voters. After the district
maps are complete, all council terms will expire at the end of the
next town election and future terms will be reduced from 4 years to 2
years.  Candidates for town board would then need to reside in their
districts.

 JUSTIFICATION :

Council district elections are a simple and practical solution that
modernize local races and help ensure fair representation in large
towns of the suburban class. County boards of elections already have
access to the technology necessary to help draw election districts.

Courts have already forced 12 municipalities in New York to change to
district-based voting because their at-large elections were ruled
discriminatory. Nationwide, courts have also ruled in recent years
that at-large elections have violated the federal Voting Rights Act.

Of the 932 towns in New York, there are 57 suburban class towns.
Requiring suburban towns - first class towns with a population of
25,000 or more - to use council districts for the election of board
members is a modest, but appropriate, first step that will provide
fair and equal representation in our towns.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to general
elections occurring after September 1, 2012.

2009-S4471 (ACTIVE) - Bill Text download pdf

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

                                  4471

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to election by wards in subur-
  ban towns

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

  Section  1.  Article  3-A  of  the town law is amended by adding a new
title 2-A to read as follows:
                                 TITLE 2-A
                   ELECTION BY WARDS IN SUBURBAN TOWNS
SECTION 51-A. AT-LARGE ELECTIONS PROHIBITED.
        51-B. ESTABLISHMENT OF WARD SYSTEMS.
        51-C. TEMPORARY EXEMPTION.
  S 51-A. AT-LARGE ELECTIONS PROHIBITED. NO MEMBER OF THE TOWN BOARD  OF
A SUBURBAN TOWN SHALL BE ELECTED BY THE ELECTORS OF SUCH TOWN AT-LARGE.
  S  51-B.  ESTABLISHMENT  OF WARD SYSTEMS. 1. THE BOARD OF ELECTIONS OF
THE COUNTY SHALL DIVIDE EACH SUBURBAN TOWN INTO SUCH NUMBER OF WARDS  AS
IS  EQUAL  TO  THE NUMBER OF MEMBERS OF THE TOWN BOARD OF SUCH TOWN; AND
SHALL FIX THE BOUNDARIES THEREOF. THE DIVISION 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 51-C. TEMPORARY EXEMPTION. 1. IN THE EVENT A SUBURBAN TOWN IS UNABLE
TO COMPLY WITH THE PROVISIONS OF SECTIONS FIFTY-ONE-A AND FIFTY-ONE-B OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05506-02-9

S. 4471                             2

THIS  TITLE  FOR  THE  FIRST  GENERAL ELECTION OCCURRING AFTER SEPTEMBER
FIRST, TWO THOUSAND TWELVE, SUCH TOWN 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.
  2. UPON THE JOINT APPROVAL OF ANY APPLICATION  SUBMITTED  PURSUANT  TO
SUBDIVISION ONE OF THIS SECTION, THE SECRETARY OF STATE AND THE ATTORNEY
GENERAL  SHALL  PROVIDE  THE 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 SHALL FULFILL ON OR BEFORE THE
SUCCEEDING GENERAL ELECTION; AND
  (C) A TIMELINE OF ACTIONS REQUIRED TO BE COMPLETED FOR THE ELECTION OF
ALL MEMBERS OF THE TOWN BOARD OF SUCH TOWN DURING THE SUCCEEDING  CALEN-
DAR YEAR.
  3.  EVERY  TOWN  GRANTED  AN  EXEMPTION PURSUANT TO THIS SECTION SHALL
COMPLY WITH ALL PROVISIONS OF SECTIONS FIFTY-ONE-A  AND  FIFTY-ONE-B  OF
THIS  TITLE  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 GRANTED
EXEMPTIONS PURSUANT TO THIS SECTION. EACH SUCH REPORT SHALL INCLUDE  THE
NAME  OF  THE  TOWN, A DESCRIPTION OF THE PROBLEM IN ESTABLISHING WARDS,
THE POPULATION, THE ELECTED POSITIONS INVOLVED, AND THE OUTCOMES OF  THE
RELEVANT ELECTIONS.
  S 2. This act shall take effect immediately and shall apply to general
elections occurring after September 1, 2012.

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Senate Bill S4471

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2009-S4471 (ACTIVE) - Details

2009-S4471 (ACTIVE) - Summary

2009-S4471 (ACTIVE) - Sponsor Memo

2009-S4471 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4471

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Local Government Committee

co-Sponsors

Ruben Diaz

Ruth Hassell-Thompson

2009-S4471 (ACTIVE) - Details

2009-S4471 (ACTIVE) - Summary

2009-S4471 (ACTIVE) - Sponsor Memo

2009-S4471 (ACTIVE) - Bill Text download pdf

Comments