Senate Bill S7873

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7873
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen. WALCZYK -- 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, and  the  municipal  home
   rule  law,  in  relation  to  moving certain elections to odd-numbered
   years; and to repeal certain provisions of the county law and  chapter
   741  of  the  laws of 2023 amending 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, in relation thereto
 
   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, as amended by  chapter  741  of
 the laws of 2023, is amended to read as follows:
   §  80. Biennial town elections.  [Notwithstanding any provision of any
 general, special or local law,  charter,  code,  ordinance,  resolution,
 rule or regulation to the contrary] EXCEPT AS OTHERWISE PROVIDED IN THIS
 CHAPTER,  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 qual-
 ified  electors,  pursuant  to  the provisions of this chapter, shall be
 held on the Tuesday next succeeding the  first  Monday  in  November  of
 every  [even-numbered]  ODD-NUMBERED  year. All other town elections are
 special elections. A town election or special town election held  pursu-
 ant  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  contin-
 ue to elect its officers, including town justices, in odd-numbered years
 if both such village and town last held such elections  in  an  odd-num-
 bered 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 741 of the laws of 2023, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13426-02-4
              

 S. 7873                             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 [even-numbered] ODD-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 [odd-numbered] EVEN-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. Paragraphs g and h of subdivision 3 of section 34 of the munici-
 pal home rule law, paragraph g as amended and paragraph h  as  added  by
 chapter 741 of the laws of 2023, are amended 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].
   § 4. Subdivision 8 of section 400 of the county law is REPEALED.
   § 5. Section 5 of chapter 741 of the laws of 2023 is REPEALED.
   § 6. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 741 of the laws of 2023, takes effect.