NY State Senate Bill 2023-S9127

Current Bill Status - In Senate Committee Investigations And Government Operations 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2024	referred to investigations and government operations

2023-S9127 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §4, Pub Off L; amd §14, Sec Cl Cit L; amd §300, Al Co Gov L; amd §400, County L

2023-S9127 (ACTIVE) - Summary

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

2023-S9127 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9127

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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-numbered
years

 
PURPOSE:

To amend certain election laws in relation to a proposed constitutional
amendment requiring certain elections of public officials occur on even-
numbered years.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 2 of section 4 of the public officers law,
as amended by chapter 9 of the laws of 1978. Establishes that all terms
of city officers who were elected expire at the end of an even-numbered
year, and are elected at the general election in an even-numbered year.

Section 2: Amends section 14 of the second class cities law so that
elections of city officers and judicial officers of a city court or
inferior local court, are held on the Tuesday succeeding the first
Monday in November in even-numbered years.

Section 3: Amends subdivision 2 of section 300 of the alternative county
government law so that the first comptroller is to be elected in the
first general election after the adoption of the new form of government.
If there is already an elective county auditor, the first comptroller is
elected in the last year of the auditor's term or at the next general
election in case of a vacancy. Subsequent comptrollers are elected every
four years, starting from the first even-numbered year after the first
comptroller's election.

Section 4: Amends subdivision 1 of section 400 of the county law as
amended by chapter 658 of the laws of 1985 so that the sheriff, county
clerk, district attorney, county treasurer, and coroner or medical exam-
iner are elected at a general election in an even-numbered year.

Section 5: Establishes that in accordance with this bill, an elected
official subject to the requirements of sections one through four of
this bill, complete their full term as established by law. If the
completion of their full term results in the need for an election in an
odd-numbered year, the official elected at such election shall have
their term expire as if they were elected at the previous general
election held in the previous even-numbered year.

Section 6: Sets the effective date.

 
JUSTIFICATION:

This legislation accompanies "CONCURRENT RESOLUTION OF THE SENATE AND
ASSEMBLY," in relation to requiring certain elections to be held in
even-numbered years.


New York's current system of holding certain local elections on Election
Day in odd-numbered years leads to voter confusion and contributes to
low voter turnout in local elections. Studies have consistently shown
that voter turnout is the highest on the 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.

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 constitutional
amendment 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 same date as a "CONCURRENT RESOLUTION
OF THE SENATE AND ASSEMBLY proposing amendments to section 21 of article
6, article 13, section 6 of article 4, and section 1 of article 19 of
the constitution, in relation to requiring certain elections and all
submissions to the people for approval of constitutional amendments be
held in even-numbered years at the general election", takes effect, in
accordance with section 1 of article 19 of the constitution. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.

2023-S9127 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9127
 
                             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 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:
 
   Section 1. Subdivision 2 of section 4 of the public officers  law,  as
 amended by chapter 9 of the laws of 1978, is amended to read as follows:
   2.  All  terms of city officers, including supervisors, elected in any
 city or part of a city, and of county officers in the city of New  York,
 shall  expire  at  the end of an [odd-numbered] EVEN-NUMBERED year. Such
 officers shall be elected, except to fill  a  vacancy,  at  the  general
 election in [odd-numbered] EVEN-NUMBERED years.  [This subdivision shall
 not apply to any judicial officer.]
   §  2.  Section 14 of the second class cities law is amended to read as
 follows:
   § 14. Elections. All elections of city officers, including supervisors
 and judicial officers of a city court or inferior local court, shall  be
 held on the Tuesday succeeding the first Monday in November, and, except
 to  fill  vacancies,  in  an [odd-numbered] EVEN-NUMBERED year. All such
 elections shall be held at the same  time  and  places  as  the  general
 election  held  in  such year, and shall be conducted in all respects in
 the same manner as general  elections  in  cities  are  required  to  be
 conducted,  and  all  the  provisions  of law relative to such elections
 shall be applicable to the election for officers of the city. In case of
 the failure to elect an  elective  city  officer,  except  as  otherwise
 provided herein, the office shall be deemed to be vacant for the purpose
 of  choosing  a  successor and the vacancy shall be filled in the manner
 provided herein for the filling of a vacancy in  such  office  happening
 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
 
   § 3. Subdivision 2 of section 300 of the alternative county government
 law is amended to read as follows:
   2. If the comptroller is elective, the first comptroller elected under
 the  form  adopted  shall be elected at the first general election after
 its adoption, except that, if the county has an elective county  auditor
 at  the time of such adoption, the first comptroller shall be elected at
 the general election in the last year of the term  of  the  last  county
 auditor  elected or, if the office of such auditor becomes vacant before
 the last year of [his] SUCH COMPTROLLER'S  term,  at  the  next  general
 election  thereafter  at which the vacancy may be filled by the election
 of a comptroller. The second comptroller shall be elected at the general
 election in the [second odd-numbered] FIRST EVEN-NUMBERED year after the
 year in which the first comptroller is  elected,  and  subsequent  comp-
 trollers  shall  be elected at the general election in every fourth year
 thereafter. The term of office of the comptroller shall  be  four  years
 from  and  including  the first day of January next following [his] SUCH
 election, except that the first comptroller elected shall  serve  for  a
 term  of three years if [he] THE COMPTROLLER is elected in an [even-num-
 bered] ODD-NUMBERED year. A vacancy in the office of an  elective  comp-
 troller  occurring  otherwise than by expiration of term shall be filled
 by appointment by the board of supervisors and the person  so  appointed
 shall  hold  office  until  the  commencement  of the calendar year next
 succeeding the first general  election  at  which  the  vacancy  may  be
 filled.
   §  4.  Subdivision  1  of section 400 of the county law, as amended by
 chapter 658 of the laws of 1985, is amended to read as follows:
   1. Elective.  There shall be elected a sheriff, county clerk, district
 attorney and county treasurer. Except in the county of  Lewis,  coroners
 shall  continue to be elected as now provided by law until the office is
 abolished or the number is  increased  or  diminished  pursuant  to  the
 provisions  of  this chapter. Unless otherwise provided in this chapter,
 the term of office of each such officer  shall  [continue  to  be  three
 years,  except that the terms of office of sheriff, county clerk, county
 treasurer and coroner shall] be four years from and including the  first
 day  of  January  next  succeeding  [his] SUCH OFFICER'S election. There
 shall be elected a county judge, surrogate,  and  judge  of  the  family
 court  as  now  or hereafter provided by law. The term of office of each
 such judicial officer shall be ten years from and  including  the  first
 day  of January next succeeding [his] SUCH OFFICER'S election. THE SHER-
 IFF, COUNTY CLERK, DISTRICT ATTORNEY, COUNTY TREASURER  AND  CORONER  OR
 MEDICAL  EXAMINER SHALL BE ELECTED AT A GENERAL ELECTION IN AN EVEN-NUM-
 BERED YEAR.
   § 5. Notwithstanding any provision of any general,  special  or  local
 law,  charter,  code,  ordinance,  resolution, rule or regulation to the
 contrary, an elected official subject to the  requirements  of  sections
 one,  two, three, or four of this act, elected and serving their term as
 of the effective date of this act shall  complete  their  full  term  as
 established  by law.   Provided, however, that if the completion of such
 full term results in the need for an election in  an  odd-numbered  year
 after  the  effective  date  of  this  act, the official elected at such
 election shall have their term expire as if such official  were  elected
 at  the  previous  general  election  held in the previous even-numbered
 year.
   § 6. This act shall take effect on the  same  date  as  a  "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 constitu-
 S. 9127                             3
 
 tion, in relation to requiring certain elections be  held  in  even-num-
 bered  years  at the general election", takes effect, in accordance with
 section 1 of article 19 of the constitution. Effective immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.

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Senate Bill S9127

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S9127 (ACTIVE) - Details

2023-S9127 (ACTIVE) - Summary

2023-S9127 (ACTIVE) - Sponsor Memo

2023-S9127 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9127

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

2023-S9127 (ACTIVE) - Details

2023-S9127 (ACTIVE) - Summary

2023-S9127 (ACTIVE) - Sponsor Memo

2023-S9127 (ACTIVE) - Bill Text download pdf

Comments