Senate Bill S151

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    151
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05280-01-9

 S. 151                              2
 
 of  the  village  caucus  or primary election. Such nominations shall be
 made not more than fifty-six, nor less than forty-nine days prior to the
 date of the village election.
   §  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.]
   § 3. Section 6-200 of the election law is REPEALED.
   § 4. Section 80 of the town law, is amended to read as follows:
   § 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.
   § 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.
   §  6.  This  act shall take effect on the first general election in an
 even-numbered year next succeeding the  date  on  which  it  shall  have
 become  a  law.    Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.