S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3505
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens. SKOUFIS, THOMAS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Elections
 
 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.
   § 2. Subdivision 4 of section 17-1703-a of the village law, as amended
 by chapter 513 of the laws of 2022, 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 council members and two  town  justices  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06852-01-3
              

 S. 3505                             2
 
 filled  by  election  as  hereinafter  provided  at the November general
 election next following the effective date of the creation of such  town
 or annexation of such territory; all other town offices shall be appoin-
 tive. The election of the supervisor, council members 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 council members shall be
 the terms regularly provided by law and the  terms  for  the  other  two
 council members 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 council members 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 council members shall be one year for two council members and
 three  years  for  the other two council members 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.
   §  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,
 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, 2025
 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, 2025, shall have their  term  expire  as  if  such
 S. 3505                             3
 
 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, 2025.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3505--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Elections  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the town law, the village law, the county law,  and  the
   municipal  home  rule  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] NOTWITHSTANDING ANY PROVISION OF  ANY  GENERAL,  SPECIAL  OR
 LOCAL  LAW,  CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR REGULATION TO
 THE CONTRARY,  A  biennial  town  election  for  the  election  of  town
 officers,  OTHER THAN TOWN JUSTICES OR ANY TOWN OFFICE WITH A THREE-YEAR
 TERM PRIOR TO JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE,  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  Novem-
 ber 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 substitute, 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. ANY TOWN COMPLETELY COTERMINOUS WITH A VILLAGE SHALL  CONTINUE
 TO ELECT ITS OFFICERS, INCLUDING TOWN JUSTICES, IN ODD-NUMBERED YEARS IF
 BOTH SUCH VILLAGE AND TOWN LAST HELD SUCH ELECTIONS IN  AN  ODD-NUMBERED
 YEAR PRIOR TO JANUARY  FIRST,  TWO THOUSAND TWENTY-FIVE.
   § 2. Subdivision 4 of section 17-1703-a of the village law, as amended
 by chapter 513 of the laws of 2022, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06852-11-3
              

 S. 3505--A                          2
 
   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 council members 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 annexation of such territory; all other town offices shall be appoin-
 tive. The election of the supervisor, council members 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 council members shall be
 the terms regularly provided by law and the  terms  for  the  other  two
 council members 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 council members 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 council members shall be one year for two council members and
 three  years  for  the other two council members 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.
   § 3. Section 400 of the county law is amended by adding a new subdivi-
 sion 8 to read as follows:
   8.  NOTWITHSTANDING  ANY  PROVISION  OF  ANY GENERAL, SPECIAL OR LOCAL
 LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE  OR  REGULATION  TO  THE
 CONTRARY,  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 SUBDI-
 VISION 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, OR ANY OFFICES WITH A THREE-YEAR TERM PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWENTY-FIVE.
   §  4. Paragraph g of subdivision 3 of section 34 of the municipal home
 rule law, as amended by chapter 24 of the laws of 1988, is amended and a
 new paragraph h is added to read as follows:
   g. In this chapter or in the civil service law, eminent domain  proce-
 dure  law,  environmental conservation law, election law, executive law,
 judiciary law, labor law, local  finance  law,  multiple  dwelling  law,
 multiple  residence  law,  public  authorities  law, public housing law,
 public service law, railroad law, retirement and  social  security  law,
 state  finance law, volunteer firefighters' benefit law, volunteer ambu-
 lance workers' benefit law, or workers' compensation law[.]; AND
   H. INSOFAR AS IT RELATES TO  REQUIREMENTS  FOR  COUNTIES,  OTHER  THAN
 COUNTIES  IN  THE  CITY  OF NEW YORK, TO HOLD ELECTIONS IN EVEN-NUMBERED
 YEARS FOR ANY POSITION OF A COUNTY  ELECTED  OFFICIAL,  OTHER  THAN  THE
 OFFICE  OF SHERIFF, COUNTY CLERK, DISTRICT ATTORNEY, FAMILY COURT JUDGE,
 COUNTY COURT JUDGE, SURROGATE COURT JUDGE, OR ANY COUNTY OFFICES WITH  A
 THREE-YEAR TERM PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
 S. 3505--A                          3
 
   §  5.  Notwithstanding  any provision of any general, special or local
 law, charter, code, ordinance, resolution, rule  or  regulation  to  the
 contrary,  a  county elected official, or town elected official, subject
 to the requirements of sections one, two, three, or four  of  this  act,
 elected  and  serving  their  term  as of January 1, 2025 shall complete
 their full term as established in local law.  Provided, however, that if
 the completion of such full term results in the need for an election  in
 an  odd-numbered year after January 1, 2025, the county or town official
 elected at such election shall have their term expire as if  such  offi-
 cial  were elected at the previous general election held in an even-num-
 bered year. Provided, further, that such term shall not be applicable to
 any general, special, or local law pertaining to term limits. Nothing in
 this act shall prohibit a county, town, or any village subject to  arti-
 cle  seventeen of the village law, from enacting a local law to alter or
 permit alteration of an official's term limit.
   § 6. 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.
   §  7.  This  act  shall take effect immediately; provided however that
 sections one, two, three and four of this act shall take effect  January
 1, 2025.