Bill Text: NY S09127 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain elections of public officials occur on even-numbered years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-29 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S09127 Detail]

Download: New_York-2023-S09127-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9127

                    IN SENATE

                                     April 29, 2024
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        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:

     1    Section 1. Subdivision 2 of section 4 of the public officers  law,  as
     2  amended by chapter 9 of the laws of 1978, is amended to read as follows:
     3    2.  All  terms of city officers, including supervisors, elected in any
     4  city or part of a city, and of county officers in the city of New  York,
     5  shall  expire  at  the end of an [odd-numbered] even-numbered year. Such
     6  officers shall be elected, except to fill  a  vacancy,  at  the  general
     7  election in [odd-numbered] even-numbered years.  [This subdivision shall
     8  not apply to any judicial officer.]
     9    §  2.  Section 14 of the second class cities law is amended to read as
    10  follows:
    11    § 14. Elections. All elections of city officers, including supervisors
    12  and judicial officers of a city court or inferior local court, shall  be
    13  held on the Tuesday succeeding the first Monday in November, and, except
    14  to  fill  vacancies,  in  an [odd-numbered] even-numbered year. All such
    15  elections shall be held at the same  time  and  places  as  the  general
    16  election  held  in  such year, and shall be conducted in all respects in
    17  the same manner as general  elections  in  cities  are  required  to  be
    18  conducted,  and  all  the  provisions  of law relative to such elections
    19  shall be applicable to the election for officers of the city. In case of
    20  the failure to elect an  elective  city  officer,  except  as  otherwise
    21  provided herein, the office shall be deemed to be vacant for the purpose
    22  of  choosing  a  successor and the vacancy shall be filled in the manner
    23  provided herein for the filling of a vacancy in  such  office  happening
    24  otherwise than by expiration of term.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13421-04-4
        S. 9127                             2

     1    § 3. Subdivision 2 of section 300 of the alternative county government
     2  law is amended to read as follows:
     3    2. If the comptroller is elective, the first comptroller elected under
     4  the  form  adopted  shall be elected at the first general election after
     5  its adoption, except that, if the county has an elective county  auditor
     6  at  the time of such adoption, the first comptroller shall be elected at
     7  the general election in the last year of the term  of  the  last  county
     8  auditor  elected or, if the office of such auditor becomes vacant before
     9  the last year of [his] such comptroller's  term,  at  the  next  general
    10  election  thereafter  at which the vacancy may be filled by the election
    11  of a comptroller. The second comptroller shall be elected at the general
    12  election in the [second odd-numbered] first even-numbered year after the
    13  year in which the first comptroller is  elected,  and  subsequent  comp-
    14  trollers  shall  be elected at the general election in every fourth year
    15  thereafter. The term of office of the comptroller shall  be  four  years
    16  from  and  including  the first day of January next following [his] such
    17  election, except that the first comptroller elected shall  serve  for  a
    18  term  of three years if [he] the comptroller is elected in an [even-num-
    19  bered] odd-numbered year. A vacancy in the office of an  elective  comp-
    20  troller  occurring  otherwise than by expiration of term shall be filled
    21  by appointment by the board of supervisors and the person  so  appointed
    22  shall  hold  office  until  the  commencement  of the calendar year next
    23  succeeding the first general  election  at  which  the  vacancy  may  be
    24  filled.
    25    §  4.  Subdivision  1  of section 400 of the county law, as amended by
    26  chapter 658 of the laws of 1985, is amended to read as follows:
    27    1. Elective.  There shall be elected a sheriff, county clerk, district
    28  attorney and county treasurer. Except in the county of  Lewis,  coroners
    29  shall  continue to be elected as now provided by law until the office is
    30  abolished or the number is  increased  or  diminished  pursuant  to  the
    31  provisions  of  this chapter. Unless otherwise provided in this chapter,
    32  the term of office of each such officer  shall  [continue  to  be  three
    33  years,  except that the terms of office of sheriff, county clerk, county
    34  treasurer and coroner shall] be four years from and including the  first
    35  day  of  January  next  succeeding  [his] such officer's election. There
    36  shall be elected a county judge, surrogate,  and  judge  of  the  family
    37  court  as  now  or hereafter provided by law. The term of office of each
    38  such judicial officer shall be ten years from and  including  the  first
    39  day  of January next succeeding [his] such officer's election. The sher-
    40  iff, county clerk, district attorney, county treasurer  and  coroner  or
    41  medical  examiner shall be elected at a general election in an even-num-
    42  bered year.
    43    § 5. Notwithstanding any provision of any general,  special  or  local
    44  law,  charter,  code,  ordinance,  resolution, rule or regulation to the
    45  contrary, an elected official subject to the  requirements  of  sections
    46  one,  two, three, or four of this act, elected and serving their term as
    47  of the effective date of this act shall  complete  their  full  term  as
    48  established  by law.   Provided, however, that if the completion of such
    49  full term results in the need for an election in  an  odd-numbered  year
    50  after  the  effective  date  of  this  act, the official elected at such
    51  election shall have their term expire as if such official  were  elected
    52  at  the  previous  general  election  held in the previous even-numbered
    53  year.
    54    § 6. This act shall take effect on the  same  date  as  a  "CONCURRENT
    55  RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 21
    56  of  article  6,  article 13, and section 6 of article 4 of the constitu-
        S. 9127                             3

     1  tion, in relation to requiring certain elections be  held  in  even-num-
     2  bered  years  at the general election", takes effect, in accordance with
     3  section 1 of article 19 of the constitution. Effective immediately,  the
     4  addition,  amendment  and/or  repeal of any rule or regulation necessary
     5  for the implementation of this act on its effective date are  authorized
     6  to be made and completed on or before such effective date.