Senate Bill S872

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

                                   872

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law  and  the  town  law,  in  relation  to
  elections; and to repeal section 6-200 of the election law relating to
  village elections

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

  Section 1. Subdivision 1 of section 6-202  of  the  election  law,  as
added by chapter 359 of the laws of 1989, is amended to read as follows:
  1.  Party  nominations of candidates for village offices in any county
shall be made at a party caucus or at a primary election, as  the  rules
of the county committee, heretofore or hereafter adopted consistent with
the provisions of this chapter shall provide. If the rules of the county
committee  of  any  political  party  provide that party nominations for
village offices of that party in any or all villages in the county shall
be made at a village primary election, such primary  election  shall  be
held  [forty-nine  days  prior  to the date of the village election] THE
FIRST TUESDAY AFTER THE SECOND MONDAY IN SEPTEMBER BEFORE EVERY  GENERAL
ELECTION  IN AN EVEN-NUMBERED YEAR UNLESS OTHERWISE CHANGED BY AN ACT OF
THE LEGISLATURE. In the event there  is  no  village  committee  with  a
chairman,  the chairman of the county committee, or such other person or
body as the rules of such committee  may  provide,  shall  designate  an
enrolled  member of the party who is a qualified voter of the village as
the village election chairman. The chairman of the county  committee  of
each  party  in  which  nominations in any village are made at a primary
election shall file with the board  of  elections,  at  least  one  week
before  the  first  day  to  file designating petitions for such primary
elections, a list of the name and address of the chairman of the village
committee or the village election chairman in each  such  village.  Such
village chairman shall have general party responsibility for the conduct
of  the  village  caucus  or primary election. Such nominations shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03196-01-5
              

S. 872                              2

made not more than fifty-six, nor less than forty-nine days prior to the
date of the village election.
  S  2.  Paragraphs  a  and  b of subdivision 1 of section 15-104 of the
election law, paragraph a as amended by chapter 248 of the laws of  1983
and  paragraph  b  as  amended  by  chapter 565 of the laws of 1998, are
amended to read as follows:
  a. The general village election shall be held on the [third Tuesday in
March except in any village which presently elects, or hereafter  adopts
a  proposition  to  elect,  its  officers on a date other than the third
Tuesday in March] TUESDAY NEXT SUCCEEDING THE FIRST MONDAY  IN  NOVEMBER
IN AN EVEN-NUMBERED YEAR.
  [b. In any village in which the general village election, or a special
village  election for officers pursuant to this chapter, is scheduled to
be held on the third Tuesday of March, for any year in which the  seven-
teenth day of March shall fall on such Tuesday, the board of trustees of
such  village shall provide, by the resolution prescribed by paragraph b
of subdivision three of this section, that such election shall  be  held
on  the  eighteenth  day of March. Any provision of a resolution adopted
pursuant to this subdivision shall not  otherwise  alter  the  political
calendar for any such election, which shall continue to be computed from
the  third  Tuesday of March. Notwithstanding the provisions of subdivi-
sion five of this section, any provision of a resolution adopted  pursu-
ant  to  this  subdivision  shall be effective only if such provision is
specifically published as provided by this section.]
  S 3. Section 6-200 of the election law is REPEALED.
  S 4. Section 80 of the town law, is amended to read as follows:
  S 80. Biennial town elections. [Except as otherwise provided  in  this
chapter,  a]  A biennial town election for the election of town officers
and for the consideration of such questions as may be  proposed  by  the
town board or the duly qualified electors, pursuant to the provisions of
this  chapter,  shall  be  held on the Tuesday next succeeding the first
Monday in November of every [odd-numbered] EVEN-NUMBERED year. All other
town elections are special elections. A town election  or  special  town
election  held pursuant to this chapter, shall be construed as a substi-
tute, for a town meeting or a special town meeting  heretofore  provided
to  be  held  by  law,  and  a reference in any law to a town meeting or
special town meeting shall be construed as referring to a town  election
or special town election.
  S 5. Notwithstanding any inconsistent provision of law or of any other
general, special or local law, all elections of any position of a county
elected  official,  town  elected  official, village elected official or
elected official of the city of New York shall occur on the Tuesday next
succeeding the first Monday in November. All such elections shall  occur
in an even-numbered year.
  S  6.  This  act shall take effect at the first general election in an
even-numbered year next succeeding the  date  on  which  it  shall  have
become  a  law; provided, however, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.