Assembly Bill A10506

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10506
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the public officers law, the second  class  cities  law,
   the  alternative county government law and the county law, in relation
   to requiring certain elections of public officials occur on  even-num-
   bered years

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 4 of the public officers  law,  as
 amended by chapter 9 of the laws of 1978, is amended to read as follows:
   2.  All  terms of city officers, including supervisors, elected in any
 city or part of a city, and of county officers in the city of New  York,
 shall  expire  at  the end of an [odd-numbered] EVEN-NUMBERED year. Such
 officers shall be elected, except to fill  a  vacancy,  at  the  general
 election in [odd-numbered] EVEN-NUMBERED years.  [This subdivision shall
 not apply to any judicial officer.]
   §  2.  Section 14 of the second class cities law is amended to read as
 follows:
   § 14. Elections. All elections of city officers, including supervisors
 and judicial officers of a city court or inferior local court, shall  be
 held on the Tuesday succeeding the first Monday in November, and, except
 to  fill  vacancies,  in  an [odd-numbered] EVEN-NUMBERED year. All such
 elections shall be held at the same  time  and  places  as  the  general
 election  held  in  such year, and shall be conducted in all respects in
 the same manner as general  elections  in  cities  are  required  to  be
 conducted,  and  all  the  provisions  of law relative to such elections
 shall be applicable to the election for officers of the city. In case of
 the failure to elect an  elective  city  officer,  except  as  otherwise
 provided herein, the office shall be deemed to be vacant for the purpose
 of  choosing  a  successor and the vacancy shall be filled in the manner
 provided herein for the filling of a vacancy in  such  office  happening
 otherwise than by expiration of term.
   § 3. Subdivision 2 of section 300 of the alternative county government
 law is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13421-04-4
 A. 10506                            2
 
   2. If the comptroller is elective, the first comptroller elected under
 the  form  adopted  shall be elected at the first general election after
 its adoption, except that, if the county has an elective county  auditor
 at  the time of such adoption, the first comptroller shall be elected at
 the  general  election  in  the last year of the term of the last county
 auditor elected or, if the office of such auditor becomes vacant  before
 the  last  year  of  [his]  SUCH COMPTROLLER'S term, at the next general
 election thereafter at which the vacancy may be filled by  the  election
 of a comptroller. The second comptroller shall be elected at the general
 election in the [second odd-numbered] FIRST EVEN-NUMBERED year after the
 year  in  which  the  first comptroller is elected, and subsequent comp-
 trollers shall be elected at the general election in every  fourth  year
 thereafter.  The  term  of office of the comptroller shall be four years
 from and including the first day of January next  following  [his]  SUCH
 election,  except  that  the first comptroller elected shall serve for a
 term of three years if [he] THE COMPTROLLER is elected in an  [even-num-
 bered]  ODD-NUMBERED  year. A vacancy in the office of an elective comp-
 troller occurring otherwise than by expiration of term shall  be  filled
 by  appointment  by the board of supervisors and the person so appointed
 shall hold office until the  commencement  of  the  calendar  year  next
 succeeding  the  first  general  election  at  which  the vacancy may be
 filled.
   § 4. Subdivision 1 of section 400 of the county  law,  as  amended  by
 chapter 658 of the laws of 1985, is amended to read as follows:
   1. Elective.  There shall be elected a sheriff, county clerk, district
 attorney  and  county treasurer. Except in the county of Lewis, coroners
 shall continue to be elected as now provided by law until the office  is
 abolished  or  the  number  is  increased  or diminished pursuant to the
 provisions of this chapter. Unless otherwise provided in  this  chapter,
 the  term  of  office  of  each such officer shall [continue to be three
 years, except that the terms of office of sheriff, county clerk,  county
 treasurer  and coroner shall] be four years from and including the first
 day of January next succeeding  [his]  SUCH  OFFICER'S  election.  There
 shall  be  elected  a  county  judge, surrogate, and judge of the family
 court as now or hereafter provided by law. The term of  office  of  each
 such  judicial  officer  shall be ten years from and including the first
 day of January next succeeding [his] SUCH OFFICER'S election. THE  SHER-
 IFF,  COUNTY  CLERK,  DISTRICT ATTORNEY, COUNTY TREASURER AND CORONER OR
 MEDICAL EXAMINER SHALL BE ELECTED AT A GENERAL ELECTION IN AN  EVEN-NUM-
 BERED YEAR.
   §  5.  Notwithstanding  any provision of any general, special or local
 law, charter, code, ordinance, resolution, rule  or  regulation  to  the
 contrary,  an  elected  official subject to the requirements of sections
 one, two, three, or four of this act, elected and serving their term  as
 of  the  effective  date  of  this act shall complete their full term as
 established by law.  Provided, however, that if the completion  of  such
 full  term  results  in the need for an election in an odd-numbered year
 after the effective date of this  act,  the  official  elected  at  such
 election  shall  have their term expire as if such official were elected
 at the previous general election  held  in  the  previous  even-numbered
 year.
   §  6.  This  act  shall  take effect on the same date as a "CONCURRENT
 RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 21
 of article 6, article 13, and section 6 of article 4  of  the  constitu-
 tion,  in  relation  to requiring certain elections be held in even-num-
 bered years at the general election", takes effect, in  accordance  with
 A. 10506                            3
 
 section  1 of article 19 of the constitution. 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.