NY State Senate Bill 2023-S9385

Senate Bill S9385

2023-2024 Legislative Session

Requires village elections on the same date as general elections take place on even numbered years

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to elections

2023-S9385 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §15-104, El L; amd §§3-302, 9-910 & 16-1600, Vil L
Versions Introduced in 2025-2026 Legislative Session:: S6245

2023-S9385 (ACTIVE) - Summary

Requires village elections occurring on the same date as the general election take place on even numbered years.

2023-S9385 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9385

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the election law and the village law, in relation to
requiring village elections on the same date as general elections take
place on even numbered years

 
PURPOSE:

To ensure that village elections on the same date as general elections
take place in even numbered years.

 
SUMMARY OF PROVISIONS:

Section 1: Stipulates that the general village election be held on the
third Tuesday in March except in any village that has or adopts a propo-
sition to elect officers on a day that is not the third Tuesday in
March. Villages that have elections on the day of the general election
in November are required to hold these elections in even numbered years.

Section 1 also states that in any village scheduled to hold an election
on the third Tuesday of March and March 17th of that year is a Tuesday,
the election is moved to March 18th.

Furthermore Section 1 states that villages with elections on the day of
the general election in November will hold these elections in even-num-
bered years.

Finally Section 1 finds that the board of trustees of a village may
adopt a resolution for village elections to be conducted by the board of
elections.

Section 2: The board of trustees of any village which has provided trus-
tees and mayors a four year term may adopt a separate resolution or
local law allowing their specific village to hold general village
elections in odd numbered years or even number years as they choose.

Section 3: Amends Subdivision 8 of section 9-910 of the village law so
that no special election can be held in the months of March, October, or
November.

Section 4: Amends the third undesignated paragraph of section 16-1600 of
the village law so that a proposition for the reincorporation of a
village under this article cannot be submitted at a special election
during the months of February, March, October, or November.

Section 5: Village elected officials serving their term as of January
1st following the enactment of this law will complete their full term.
If their term completion requires an odd-numbered year election, the
term will expire as if elected in the previous even-numbered year
election.

Section 6: Provides severability so that if any part of the act is held
invalid, it will not affect the validity of the remaining provisions.

Section 7: Sets effective date.

 
JUSTIFICATION:

New York's current system of holding local elections on Election Day in
odd-numbered years leads to voter confusion and voter exhaustion, ulti-
mately resulting in low voter turnout in local elections. Studies have
consistently shown that voter turnout is the highest on November
Election Day in even-numbered years when elections for State and Federal
offices are held. Syncing local elections will ease voter confusion and
will lead to greater citizen participation in local elections. Further,
eliminating odd-year Village elections on the general election day in
November will save taxpayer dollars.

Chapter 741 of 2023 was a major first step in transitioning local
elections to even-numbered years, as it requires that certain Town and
County elections be held in even-numbered years. This bill is the next
logical step needed to continue consolidating our elections and ensure
higher voter turnout.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2023-S9385 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9385
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law and the village  law,  in  relation  to
   requiring village elections on the same date as general elections take
   place on 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 15-104 of  the  election  law,  as
 amended  by  chapter  248 of the laws of 1983, paragraph b as amended by
 chapter 565 of the laws of 1998, paragraph c as amended by  chapter  359
 of  the  laws  of 1989, and paragraph d as amended by chapter 684 of the
 laws of 2006, is amended to read as follows:
   1. 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. VILLAGES THAT HAVE ELECTIONS ON THE DAY OF THE
 GENERAL ELECTION IN NOVEMBER SHALL HOLD SUCH ELECTIONS ON THE DAY OF THE
 GENERAL ELECTION IN EVEN NUMBERED YEARS.
   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.
   c. The board of trustees of a village may adopt a resolution,  subject
 to  a  permissive  referendum as provided in article nine of the village
 law, providing that village elections shall be conducted by the board of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13123-06-4
 S. 9385                             2
 
 elections. The board of trustees of a village which has adopted  such  a
 resolution and which is wholly in one county may also adopt a resolution
 providing  that  village elections shall occur on the day of the general
 election IN EVEN NUMBERED YEARS provided that all the election districts
 contained  within  such  village  are  wholly  within such village. Upon
 approval of such a resolution by the board of trustees and, if requested
 by petition, approval by a vote of the qualified voters of the  village,
 the  county  board  of  elections  shall  conduct  all village elections
 including in those cases in which such village elections are held on the
 day of the general election, primary elections, if any. Such  resolution
 shall  be effective for all elections in such village held more than six
 months after such resolution is adopted, provided however, that a resol-
 ution providing that village elections shall occur on  the  day  of  the
 general  election  IN  EVEN  NUMBERED YEARS, shall be effective for such
 elections in such village for which the primary election  is  held  more
 than six months after such resolution is adopted.
   d.  Except  as  otherwise  provided by law, to be elected in a village
 election, a candidate must receive more votes than any  other  candidate
 for  the  office. In the event of a tie at a village election, a run-off
 election shall be conducted pursuant to the provisions of section 15-126
 of this article; provided, however, that if all candidates receiving  an
 equal  number  of  votes agree to waive a run-off election, the election
 shall be determined according to the provisions of paragraph d of subdi-
 vision two of section 15-126 of this article.
   § 2. Paragraph a of subdivision 7 of section 3-302 of the village  law
 is amended to read as follows:
   a.  The  board  of trustees of any village which has provided that the
 terms of office of all trustees, or the terms of office of mayor and all
 trustees shall be four years, may,  subject  to  permissive  referendum,
 adopt  a separate resolution or local law providing that general village
 elections shall be held biennially in the odd numbered years or  in  the
 even  numbered  years,  as  they  shall determine, or may include in any
 resolution or local law providing that the terms of office of all  trus-
 tees,  or  the  terms  of office of mayor and all trustees shall be four
 years, a provision that general village elections shall be held  bienni-
 ally  in the odd numbered years or in the even numbered years; PROVIDED,
 HOWEVER, THAT SUCH GENERAL VILLAGE ELECTIONS HELD  ON  THE  DAY  OF  THE
 GENERAL  ELECTION  SHALL  BE HELD ON EVEN NUMBERED YEARS. No such resol-
 ution or local law, however, shall become effective within  thirty  days
 prior to a general village election.
   §  3.  Subdivision 8 of section 9-910 of the village law is amended to
 read as follows:
   8. No special election shall be held hereunder in the  [month]  MONTHS
 of March, OCTOBER, OR NOVEMBER.
   §  4.  The  third  undesignated  paragraph  of  section 16-1600 of the
 village law is amended to read as follows:
   A proposition for the reincorporation of a village under this  article
 shall not be submitted at a special election during the months of Febru-
 ary [or], March, OCTOBER, OR NOVEMBER.
   §  5. Notwithstanding   any provision of any general, special or local
 law, charter, code, ordinance, resolution, rule  or  regulation  to  the
 contrary,  a  village  elected  official, subject to the requirements of
 sections one, two, three, or four of this act, elected and serving their
 term as of the first of January next succeeding the  date  on  which  it
 shall have become a law shall complete their full term as established by
 law.  Provided,  however,  that    if   the completion of such full term
 S. 9385                             3
 
 results in the need for an election in an odd-numbered  year  after  the
 first  of January next succeeding the date on which it shall have become
 a law, the village official elected at such election  shall  have  their
 term  expire  as  if  such official were elected at the previous general
 election held in an even-numbered year.
   § 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 on the first of January next succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.