Senate Bill S9126

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9126
 
                             I N  S E N A T E
 
                              April 29, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
             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 constitution, in relation to  requiring  certain
   elections be held in even-numbered years at the general election

   Section 1. Resolved (if the Assembly concur), That section 21 of arti-
 cle 6 of the constitution be amended to read as follows:
   §  21.  a. When a vacancy shall occur, otherwise than by expiration of
 term, in the office of justice of the supreme court,  of  judge  of  the
 county  court,  of judge of the surrogate's court or judge of the family
 court outside the city of New York, it shall be filled for [a full]  THE
 REMAINDER OF THE term at the next general election OCCURRING IN AN EVEN-
 NUMBERED  YEAR held not less than three months after such vacancy occurs
 and, until the vacancy shall be so filled, the governor by and with  the
 advice and consent of the senate, if the senate shall be in session, or,
 if  the  senate not be in session, the governor may fill such vacancy by
 an appointment which shall continue until and including the last day  of
 December next after the election at which the vacancy shall be filled.
   b.  When  a vacancy shall occur, otherwise than by expiration of term,
 in the office of judge of the court of claims, it shall  be  filled  for
 the unexpired term in the same manner as an original appointment.
   c.  When  a vacancy shall occur, otherwise than by expiration of term,
 in the office of judge elected to the city-wide court of civil jurisdic-
 tion of the city of New York, it  shall  be  filled  for  [a  full]  THE
 REMAINDER OF THE term at the next general election OCCURRING IN AN EVEN-
 NUMBERED  YEAR held not less than three months after such vacancy occurs
 and, until the vacancy shall be so filled, the mayor of the city of  New
 York  may fill such vacancy by an appointment which shall continue until
 and including the last day of December next after the election at  which
 the  vacancy shall be filled. When a vacancy shall occur, otherwise than
 by expiration of term on the last day of December of any  year,  in  the
 office  of  judge  appointed  to the family court within the city of New
 York or the city-wide court of criminal jurisdiction of the city of  New
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD89119-10-4
 S. 9126                             2
 
 York,  the  mayor  of the city of New York shall fill such vacancy by an
 appointment for the unexpired term.
   d.  When  a vacancy shall occur, otherwise than by expiration of term,
 in the office of judge of the district court, it shall be filled for  [a
 full]  THE  REMAINDER OF THE term at the next general election OCCURRING
 IN AN EVEN-NUMBERED YEAR held not less  than  three  months  after  such
 vacancy  occurs  and, until the vacancy shall be so filled, the board of
 supervisors or the supervisor or supervisors of the affected district if
 such district consists of a portion of a county or, in counties with  an
 elected  county  executive  officer,  such county executive officer may,
 subject to confirmation by the board of supervisors or the supervisor or
 supervisors of such district, fill such vacancy by an appointment  which
 shall  continue  until and including the last day of December next after
 the election at which the vacancy shall be filled.
   § 2. Resolved (if the Assembly concur), That article 13 of the consti-
 tution be amended by adding two  new  sections  9  and  10  to  read  as
 follows:
   §  9.  ALL ELECTIONS OF JUDICIAL OFFICERS, OTHER THAN VILLAGE JUDICIAL
 OFFICERS, SHALL BE ELECTED AT THE ELECTION HELD ON THE TUESDAY  SUCCEED-
 ING  THE FIRST MONDAY IN NOVEMBER IN AN EVEN-NUMBERED YEAR, AND THE TERM
 OF EVERY SUCH OFFICER SHALL EXPIRE AT THE END OF AN EVEN-NUMBERED YEAR.
   § 10. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  CONSTITUTION,  THE
 LEGISLATURE MAY ENACT LAWS WHICH PROVIDE FOR THE ELECTION OF AN ELECTIVE
 OFFICER  OF  THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE TO TAKE
 PLACE ON THE TUESDAY SUCCEEDING THE FIRST MONDAY IN NOVEMBER IN AN  ODD-
 NUMBERED  YEAR FOR A TERM WHICH WILL CAUSE SUCH OFFICER'S TERM TO EXPIRE
 AT THE END OF AN EVEN-NUMBERED YEAR.
   § 3. Resolved (if the Assembly concur), That section 8 of  article  13
 of the constitution be amended to read as follows:
   § 8. All elections of city officers, including supervisors, elected in
 any city or part of a city, and of county officers elected in any county
 wholly  included  in  a city, except to fill vacancies, shall be held on
 the Tuesday succeeding the first Monday in November in an [odd-numbered]
 EVEN-NUMBERED year, and the term of every such OFFICIAL OR officer shall
 expire at the end of an [odd-numbered] EVEN-NUMBERED year. [This section
 shall not apply to elections of any judicial officer.]
   § 4. Resolved (if the Assembly concur), That section 3 of  article  13
 of the constitution be amended to read as follows:
   §  3.  The  legislature shall provide for filling vacancies in office,
 and in case of elective officers, no person appointed to fill a  vacancy
 shall  hold  his or her office by virtue of such appointment longer than
 the commencement of the political year next succeeding the first  annual
 election  IN  AN  EVEN-NUMBERED YEAR after the happening of the vacancy;
 PROVIDED, HOWEVER, IN THE CASE OF A SIMULTANEOUS VACANCY IN THE  OFFICES
 OF  GOVERNOR  AND LIEUTENANT-GOVERNOR, SUCH OFFICERS SHALL BE ELECTED AS
 REQUIRED UNDER SECTION SIX OF ARTICLE FOUR  OF  THIS  CONSTITUTION;  AND
 provided  FURTHER, however, that nothing contained in this article shall
 prohibit the filling of vacancies  on  boards  of  education,  including
 boards  of  education of community districts in the city school district
 of the city of New York, by appointment until the  next  regular  school
 district  election,  whether or not such appointment shall extend beyond
 the thirty-first day of December in any year.
   § 5. Resolved (if the Assembly concur), That section 6 of article 4 of
 the constitution be amended to read as follows:
   § 6. The lieutenant-governor shall possess the same qualifications  of
 eligibility for office as the governor. The lieutenant-governor shall be
 S. 9126                             3
 
 the  president of the senate but shall have only a casting vote therein.
 The lieutenant-governor shall receive for his or her services an  annual
 salary to be fixed by joint resolution of the senate and assembly.
   In case of vacancy in the offices of both governor and lieutenant-gov-
 ernor,  a  governor  and  lieutenant-governor  shall  be elected for the
 remainder of the term [at the next  general  election]  ON  THE  TUESDAY
 SUCCEEDING  THE  FIRST  MONDAY IN NOVEMBER happening not less than three
 months after both offices shall have become vacant.  No  election  of  a
 lieutenant-governor  shall  be  had  in  any event except at the time of
 electing a governor.
   In case of vacancy in the offices of both governor and lieutenant-gov-
 ernor or if both of them shall be impeached, absent from  the  state  or
 otherwise  unable  to  discharge  the powers and duties of the office of
 governor, the temporary president of the senate shall  act  as  governor
 until the inability shall cease or until a governor shall be elected.
   In  case  of vacancy in the office of lieutenant-governor alone, or if
 the lieutenant-governor shall be impeached, absent  from  the  state  or
 otherwise unable to discharge the duties of office, the temporary presi-
 dent  of  the senate shall perform all the duties of lieutenant-governor
 during such vacancy or inability.
   If, when the duty of acting as governor devolves  upon  the  temporary
 president of the senate, there be a vacancy in such office or the tempo-
 rary president of the senate shall be absent from the state or otherwise
 unable  to discharge the duties of governor, the speaker of the assembly
 shall act as governor during such vacancy or inability.
   The legislature may provide for the devolution of the duty  of  acting
 as governor in any case not provided for in this article.
   §  6.  Resolved  (if  the  Assembly  concur),  That subdivision (a) of
 section 13 of article 13 of the  constitution  be  amended  to  read  as
 follows:
   (a)  Except  in counties in the city of New York and except as author-
 ized in section one of article nine of this constitution,  registers  in
 counties having registers shall be chosen by the electors of the respec-
 tive  counties once in every [three] FOUR years IN AN EVEN-NUMBERED YEAR
 and whenever the occurring of vacancies shall require; the  sheriff  and
 the  clerk  of each county shall be chosen by the electors once in every
 [three or] four years IN AN EVEN-NUMBERED YEAR as the legislature  shall
 direct.  Sheriffs  shall  hold no other office.  They may be required by
 law to renew their security, from time to time; and in default of giving
 such new security, their offices shall be deemed  vacant.  The  governor
 may  remove  any  elective  sheriff,  county clerk, district attorney or
 register within the term for which he or she shall  have  been  elected;
 but  before  so  doing the governor shall give to such officer a copy of
 the charges against him or her and an opportunity of being heard in  his
 or  her  defense.  In each county a district attorney shall be chosen by
 the electors once in every [three or] four  years  IN  AN  EVEN-NUMBERED
 YEAR  as  the  legislature shall direct. The clerk of each county in the
 city of New York shall be appointed, and be subject to removal,  by  the
 appellate  division  of  the supreme court in the judicial department in
 which the county is located. In addition to his or her powers and duties
 as clerk of the supreme court, he or she shall  have  power  to  select,
 draw,  summon and empanel grand and petit jurors in the manner and under
 the conditions now or hereafter prescribed by law, and shall  have  such
 other  powers and duties as shall be prescribed by the city from time to
 time by local law.
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   § 7. Resolved (if the Assembly concur), That the foregoing  amendments
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members of the assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.