Assembly Bill A8560A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8560
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Election Law
 
 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 JUNE 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.
                                                            LBD08253-03-1
              

 A. 8560                             2
 
 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
 city elected official, other than officials of the city of New  York  or
 any  municipality  contained within 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  one day after the first general
 election in an odd-numbered year next succeeding the date  on  which  it
 shall have become a law or on January first of an odd-numbered year next
 succeeding  the  date  on  which  it  shall have become a law, whichever
 occurs first; provided, however, that officials elected in  an  odd-num-
 bered  year  whose  terms  expire  on or after such effective date shall
 expire as if  such  officials  were  elected  at  the  previous  general
 election  held  in  an  even-numbered year.   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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8560--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Election  Law  --  recommitted to the Committee on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the election law, the town law and the village law, in
   relation to moving certain elections to even-numbered years
 
   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 JUNE BEFORE EVERY GENERAL
 ELECTION IN AN EVEN-NUMBERED YEAR UNLESS OTHERWISE CHANGED BY AN ACT  OF
 THE  LEGISLATURE.   IN THE EVENT A VILLAGE ELECTS ITS OFFICERS ON A DATE
 NOT IN NOVEMBER, SUCH PRIMARY ELECTION SHALL  BE  HELD  FORTY-NINE  DAYS
 PRIOR  TO  THE  DATE  OF THE VILLAGE ELECTION.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08253-11-2
              

 A. 8560--B                          2
 
 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  nomi-
 nations  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 EXCEPT IN ANY VILLAGE WHICH AS OF THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT  AMENDED
 THIS PARAGRAPH ELECTS ITS OFFICERS ON A DATE NOT IN NOVEMBER.
   [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. Subdivision 1 of section 6-200 of the election law, as  added  by
 chapter 359 of the laws of 1989, is amended to read as follows:
   1. This title applies to all general and special village elections for
 officers  which are conducted by the board of elections [on a date other
 than the date of the general election] and all the  provisions  of  this
 chapter, not inconsistent with this title, shall apply.
   § 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. Subdivision 4 of section 17-1703-a of the village law,  as  added
 by  chapter 960 of the laws of 1977 and the opening paragraph as amended
 by chapter 30 of the laws of 2013, is amended to read as follows:
   4. In any case in which the proposition provided  for  in  subdivision
 one of this section shall have resulted in favor of the local government
 operating  principally  as a town, then, at the regular village election
 A. 8560--B                          3
 
 next ensuing, all offices to be filled thereat shall be filled for terms
 to end at the conclusion of the then current calendar year. The term  of
 office  of  each  other  elected  village  office  shall also end at the
 conclusion  of said then current calendar year, notwithstanding that any
 such term of office originally extended beyond such date. The offices of
 supervisor, four town councilmen and two town justices shall  be  filled
 by  election  as  hereinafter  provided at the November general election
 next following the effective date of the creation of such town or  anne-
 xation  of  such  territory; all other town offices shall be appointive.
 The election of the supervisor, councilmen and  justices  shall  be  for
 terms of office as follows:
   (a)  If  such election is held in [an odd-numbered] THE SAME year AS A
 REGULAR VILLAGE ELECTION, then the term of office for  supervisor  shall
 be the term regularly provided by law; the terms of office for two coun-
 cilmen  shall  be  the terms regularly provided by law and the terms for
 the other two councilmen shall be two years  each;  the  term  for  each
 justice shall be the term regularly provided by law. Upon the expiration
 of  the  two  year  term for councilmen as above provided, the terms for
 such offices shall be as regularly provided by law.
   (b) If such election is held in [an even-numbered] A  year  WITHOUT  A
 REGULAR  VILLAGE  ELECTION, then the term of office for supervisor shall
 be one year; the terms of office for councilmen shall be  one  year  for
 two  councilmen  and  three  years  for the other two councilmen and the
 terms of office for each justice shall be for the remainder of the  then
 unexpired  terms.  Thereafter,  each office shall be filled for the term
 regularly provided by law.
   § 6. 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, or  village  elected  official,
 except a village elected official who is elected on a date not in Novem-
 ber,  shall  occur  on  the  Tuesday next succeeding the first Monday in
 November. All such elections shall occur in an even-numbered year.
   § 7. Notwithstanding any inconsistent provision of law or of any other
 general, special, or local law, a county elected official, town  elected
 official,  or  village  elected  official,  with  exception of a village
 elected official who is elected on a date  not  in  November,  presently
 elected  and  serving  their  term as of the enactment of this act shall
 complete their full term as established in local law.
   § 8.  Any county, town, or village official  that  is  elected  in  an
 odd-numbered  year  after  the  effective  date of this act, excluding a
 village elected official who is elected on a date not in November, shall
 have their term expire as if such official were elected at the  previous
 general  election  held in an even-numbered year; provided however in no
 event shall such expiration occur later than December 31 of such follow-
 ing year. Such term shall be applicable  to  any  general,  special,  or
 local  law  pertaining  to  term  limits.  Nothing in this section shall
 prohibit a county, town, or village from enacting a local law  to  alter
 or permit alteration of an official's term limit.
   §  9.  Severability.  If  any provision of this act is held invalid or
 ineffective in whole or in part or inapplicable to any person  or  situ-
 ation, such invalidity or holding shall not affect, impair or invalidate
 other  provisions  or  applications of this act that can be given effect
 without the invalid provision or application, and all  other  provisions
 thereof  shall  nevertheless  be  separately and fully effective, and to
 this end the provisions of this act are declared to be severable.
   § 10. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8560--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Election  Law  --  recommitted to the Committee on Election Law in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the election law, the town law and the village law, in
   relation to moving certain elections to even-numbered years
 
   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 JUNE BEFORE EVERY GENERAL
 ELECTION IN AN EVEN-NUMBERED YEAR UNLESS OTHERWISE CHANGED BY AN ACT  OF
 THE  LEGISLATURE.   IN THE EVENT A VILLAGE ELECTS ITS OFFICERS ON A DATE
 NOT IN NOVEMBER, SUCH PRIMARY ELECTION SHALL  BE  HELD  FORTY-NINE  DAYS
 PRIOR  TO  THE  DATE  OF THE VILLAGE ELECTION.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08253-13-2
              

 A. 8560--C                          2
 
 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  nomi-
 nations  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 EXCEPT IN ANY VILLAGE WHICH AS OF THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT  AMENDED
 THIS PARAGRAPH ELECTS ITS OFFICERS ON A DATE NOT IN NOVEMBER.
   [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. Subdivision 1 of section 6-200 of the election law, as  added  by
 chapter 359 of the laws of 1989, is amended to read as follows:
   1. This title applies to all general and special village elections for
 officers  which are conducted by the board of elections [on a date other
 than the date of the general election] and all the  provisions  of  this
 chapter, not inconsistent with this title, shall apply.
   § 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. Subdivision 4 of section 17-1703-a of the village law,  as  added
 by  chapter 960 of the laws of 1977 and the opening paragraph as amended
 by chapter 30 of the laws of 2013, is amended to read as follows:
 A. 8560--C                          3
 
   4. In any case in which the proposition provided  for  in  subdivision
 one of this section shall have resulted in favor of the local government
 operating  principally  as a town, then, at the regular village election
 next ensuing, all offices to be filled thereat shall be filled for terms
 to  end at the conclusion of the then current calendar year. The term of
 office of each other elected  village  office  shall  also  end  at  the
 conclusion  of said then current calendar year, notwithstanding that any
 such term of office originally extended beyond such date. The offices of
 supervisor, four town councilmen and two town justices shall  be  filled
 by  election  as  hereinafter  provided at the November general election
 next following the effective date of the creation of such town or  anne-
 xation  of  such  territory; all other town offices shall be appointive.
 The election of the supervisor, councilmen and  justices  shall  be  for
 terms of office as follows:
   (a)  If  such election is held in [an odd-numbered] THE SAME year AS A
 REGULAR VILLAGE ELECTION, then the term of office for  supervisor  shall
 be the term regularly provided by law; the terms of office for two coun-
 cilmen  shall  be  the terms regularly provided by law and the terms for
 the other two councilmen shall be two years  each;  the  term  for  each
 justice shall be the term regularly provided by law. Upon the expiration
 of  the  two  year  term for councilmen as above provided, the terms for
 such offices shall be as regularly provided by law.
   (b) If such election is held in [an even-numbered] A  year  WITHOUT  A
 REGULAR  VILLAGE  ELECTION, then the term of office for supervisor shall
 be one year; the terms of office for councilmen shall be  one  year  for
 two  councilmen  and  three  years  for the other two councilmen and the
 terms of office for each justice shall be for the remainder of the  then
 unexpired  terms.  Thereafter,  each office shall be filled for the term
 regularly provided by law.
   § 6. Subdivision 11 of section 7-104 of the election law, as added  by
 chapter 411 of the laws of 2019, is amended to read as follows:
   11.  [The  offices  appearing  on  all  ballots shall be listed in the
 customary order] (A) THE OFFICES APPEARING ON ALL BALLOTS SHALL BE LIST-
 ED IN THE ORDER OF PRECEDENCE, AS  APPLICABLE  TO  THE  OFFICES  UP  FOR
 ELECTION IN ANY GIVEN YEAR, AS FOLLOWS: ELECTORS FOR PRESIDENT AND VICE-
 PRESIDENT  OF  THE  UNITED STATES, GOVERNOR AND LIEUTENANT GOVERNOR, NEW
 YORK STATE COMPTROLLER, NEW YORK STATE ATTORNEY GENERAL,  UNITED  STATES
 SENATOR, MEMBER OF THE HOUSE OF REPRESENTATIVES, NEW YORK STATE SENATOR,
 MEMBER OF THE NEW YORK STATE ASSEMBLY. ANY OFFICE WHICH IS NOT LISTED IN
 THIS  PARAGRAPH  SHALL  NOT APPEAR ON THE BALLOT IN A POSITION BEFORE OR
 AHEAD OF AN OFFICE WHICH IS LISTED.
   (B) IMMEDIATELY FOLLOWING THE OFFICES IN PARAGRAPH (A) OF THIS  SUBDI-
 VISION, ALL OTHER OFFICES SHALL BE PLACED UPON THE BALLOT IN THE CUSTOM-
 ARY  ORDER;  PROVIDED,  FURTHER, THAT PARTISAN OFFICES REGARDLESS OF THE
 SIZE OF THE CONSTITUENCY SHALL BE LISTED BEFORE OR AHEAD OF  NONPARTISAN
 OFFICES  AND  ALL CANDIDATES FOR JUDICIAL OFFICES SHALL FOLLOW ALL OTHER
 PARTISAN OFFICES.
   § 7. 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, or  village  elected  official,
 except a village elected official who is elected on a date not in Novem-
 ber,  shall  occur  on  the  Tuesday next succeeding the first Monday in
 November. All such elections shall occur in an even-numbered year.
   § 8. Notwithstanding any inconsistent provision of law or of any other
 general, special, or local law, a county elected official, town  elected
 official,  or  village  elected  official,  with  exception of a village
 A. 8560--C                          4
 
 elected official who is elected on a date  not  in  November,  presently
 elected  and  serving  their  term as of the enactment of this act shall
 complete their full term as established in local law.
   §  9.    Any  county,  town, or village official that is elected in an
 odd-numbered year after the effective date  of  this  act,  excluding  a
 village elected official who is elected on a date not in November, shall
 have  their term expire as if such official were elected at the previous
 general election held in an even-numbered year; provided however  in  no
 event shall such expiration occur later than December 31 of such follow-
 ing  year.  Such  term  shall  be applicable to any general, special, or
 local law pertaining to term  limits.  Nothing  in  this  section  shall
 prohibit  a  county, town, or village from enacting a local law to alter
 or permit alteration of an official's term limit.
   § 10. Severability. If any provision of this act is  held  invalid  or
 ineffective  in  whole or in part or inapplicable to any person or situ-
 ation, such invalidity or holding shall not affect, impair or invalidate
 other provisions or applications of this act that can  be  given  effect
 without  the  invalid provision or application, and all other provisions
 thereof shall nevertheless be separately and  fully  effective,  and  to
 this end the provisions of this act are declared to be severable.
   § 11. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8560--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  SILLITTI, GRIFFIN, BURDICK, WALKER,
   DARLING, DICKENS, RAMOS, BURGOS --  read  once  and  referred  to  the
   Committee  on Election Law -- recommitted to the Committee on Election
   Law  in  accordance  with  Assembly  Rule  3,  sec.  2  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said  committee
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the town law, the village law, the county  law  and  the
   election law, in relation to moving certain elections to even-numbered
   years
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08253-23-2
 A. 8560--D                          2
 
              

   §  2.  Subdivision 4 of section 17-1703-a of the village law, as added
 by chapter 960 of the laws of 1977 and the opening paragraph as  amended
 by chapter 30 of the laws of 2013, is amended to read as follows:
   4.  In  any  case in which the proposition provided for in subdivision
 one of this section shall have resulted in favor of the local government
 operating principally as a town, then, at the regular  village  election
 next ensuing, all offices to be filled thereat shall be filled for terms
 to  end at the conclusion of the then current calendar year. The term of
 office of each other elected  village  office  shall  also  end  at  the
 conclusion  of said then current calendar year, notwithstanding that any
 such term of office originally extended beyond such date. The offices of
 supervisor, four town councilmen and two town justices shall  be  filled
 by  election  as  hereinafter  provided at the November general election
 next following the effective date of the creation of such town or  anne-
 xation  of  such  territory; all other town offices shall be appointive.
 The election of the supervisor, councilmen and  justices  shall  be  for
 terms of office as follows:
   (a)  If such election is held in an [odd-numbered] EVEN-NUMBERED year,
 then the term of office for  supervisor  shall  be  the  term  regularly
 provided  by  law;  the  terms of office for two councilmen shall be the
 terms regularly provided by law and the terms for the other two council-
 men shall be two years each; the term for each justice shall be the term
 regularly provided by law. Upon the expiration of the two year term  for
 councilmen  as  above  provided,  the terms for such offices shall be as
 regularly provided by law.
   (b) If such election is held in an [even-numbered] ODD-NUMBERED  year,
 then  the  term of office for supervisor shall be one year; the terms of
 office for councilmen shall be one year for  two  councilmen  and  three
 years  for  the  other  two  councilmen and the terms of office for each
 justice shall be for the remainder of the then unexpired  terms.  There-
 after,  each  office  shall be filled for the term regularly provided by
 law.
   § 3. Subdivision 11 of section 7-104 of the election law, as added  by
 chapter 411 of the laws of 2019, is amended to read as follows:
   11.  [The  offices  appearing  on  all  ballots shall be listed in the
 customary order] (A) THE OFFICES APPEARING ON ALL BALLOTS SHALL BE LIST-
 ED IN THE ORDER OF PRECEDENCE, AS  APPLICABLE  TO  THE  OFFICES  UP  FOR
 ELECTION IN ANY GIVEN YEAR, AS FOLLOWS: ELECTORS FOR PRESIDENT AND VICE-
 PRESIDENT  OF  THE  UNITED STATES, GOVERNOR AND LIEUTENANT GOVERNOR, NEW
 YORK STATE COMPTROLLER, NEW YORK STATE ATTORNEY GENERAL,  UNITED  STATES
 SENATOR, MEMBER OF THE HOUSE OF REPRESENTATIVES, NEW YORK STATE SENATOR,
 MEMBER OF THE NEW YORK STATE ASSEMBLY. ANY OFFICE WHICH IS NOT LISTED IN
 THIS  PARAGRAPH  SHALL  NOT APPEAR ON THE BALLOT IN A POSITION BEFORE OR
 AHEAD OF AN OFFICE WHICH IS LISTED.
   (B) IMMEDIATELY FOLLOWING THE OFFICES IN PARAGRAPH (A) OF THIS  SUBDI-
 VISION, ALL OTHER OFFICES SHALL BE PLACED UPON THE BALLOT IN THE CUSTOM-
 ARY  ORDER;  PROVIDED,  FURTHER, THAT PARTISAN OFFICES REGARDLESS OF THE
 SIZE OF THE CONSTITUENCY SHALL BE LISTED BEFORE OR AHEAD OF  NONPARTISAN
 OFFICES  AND  ALL CANDIDATES FOR JUDICIAL OFFICES SHALL FOLLOW ALL OTHER
 PARTISAN OFFICES.
   § 4. Section 400 of the county law is amended by adding a new subdivi-
 sion 8 to read as follows:
   8. ALL ELECTIONS FOR ANY POSITION OF A COUNTY ELECTED  OFFICIAL  SHALL
 OCCUR  ON  THE  TUESDAY NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER AND
 SHALL OCCUR IN AN EVEN-NUMBERED YEAR; PROVIDED HOWEVER, THIS SUBDIVISION
 SHALL NOT APPLY TO AN ELECTION FOR THE OFFICE OF SHERIFF, COUNTY  CLERK,
 A. 8560--D                          3
 
 DISTRICT  ATTORNEY,  FAMILY  COURT  JUDGE, COUNTY COURT JUDGE, SURROGATE
 COURT JUDGE, TOWN JUSTICE, OR ANY OFFICES WITH A THREE-YEAR TERM  AS  OF
 THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 5. Notwithstanding any inconsistent provision of law or of any other
 general,  special,  or  local  law,  a  county elected official, or town
 elected official elected and serving their term as of  January  1,  2024
 shall  complete  their  full  term  as  established in local law.   This
 section shall not apply to an election for the office of sheriff, county
 clerk, district attorney, family court judge, county court judge, surro-
 gate court judge, and town justice.
   § 6.  Any county or town official that is elected in  an  odd-numbered
 year  after  January  1,  2024,  shall have their term expire as if such
 official were elected at the previous general election held in an  even-
 numbered  year; provided however in no event shall such expiration occur
 later than December 31 of such following year. Such term shall be appli-
 cable to any general, special, or local law pertaining to  term  limits.
 Nothing  in this section shall prohibit a county or town from enacting a
 local law to alter or permit alteration of  an  official's  term  limit.
 This  section  shall not apply to an election for the office of sheriff,
 county clerk, district attorney, family court judge, county court judge,
 surrogate court judge, and town justice.
   § 7. Severability. If any provision of this act  is  held  invalid  or
 ineffective  in  whole or in part or inapplicable to any person or situ-
 ation, such invalidity or holding shall not affect, impair or invalidate
 other provisions or applications of this act that can  be  given  effect
 without  the  invalid provision or application, and all other provisions
 thereof shall nevertheless be separately and  fully  effective,  and  to
 this end the provisions of this act are declared to be severable.
   §  8.  This  act  shall take effect immediately; provided however that
 sections one, two, three and four of this act shall take effect  January
 1, 2024.