NY State Senate Bill 2019-S5217

Senate Bill S5217

2019-2020 Legislative Session

Prohibits the at large election of any member of the governing or legislative body of a town or village by electors of such town or village; repealer

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Apr 16, 2019	referred to elections

2019-S5217 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §15-130, El L; rpld §81 sub 2 ¶(b), §341 sub 13, amd §§85 & 87, Town L; add Art 7-B §§150 - 152, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6753
2023-2024: S479

2019-S5217 (ACTIVE) - Summary

Prohibits the at large election of any member of the governing or legislative body of a town or village by electors of such town or village; requires the election of such members by wards; and repeals certain provisions related thereto.

2019-S5217 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5217

SPONSOR: SALAZAR
 
TITLE OF BILL:  An act to amend the election law, the town law and the
general municipal law, in relation to prohibiting the at large election
of members of the legislative or governing body of towns and villages,
and providing for and requiring the election of such members by wards;
to amend the general municipal law, in relation to directing the depart-
ment of state and the legislative task force on demographic research and
reapportionment to assist boards of election to establish wards, author-
izing towns and villages to petition for a temporary exemption from such
requirements, and directing the attorney-general to report on such
exemptions; and to repeal certain provisions of the town law relating to
authorizing certain towns to establish ward systems of election

 
PURPOSE OR GENERAL IDEA OF BILL:  Deals with antiquated election prac-
tices that have become a leading cause of minority voter disenfranchise-
ment in communities with large and emerging minority populations.
Prohibits at large election of members of town and village legislative
bodies; requires election of members by wards.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Election law by mandating election by wards sepa-
rate ballot boxes/voting machines must be provided for each ward.

Section 2 repeals paragraph (b) of subdivision 2 of the town law.

Section 3 amends section 85 of the town law to eliminate the requirement
of referendum to have ward-based elections.

Section 4 amends section 87 of the town law to eliminate the requirement
of referendum to have ward-based elections, therefore requiring such
elections everywhere.

Section 5 repeals subdivision 13 of section 341 of the town law.

Section 6 amends the general municipal law by adding a new article 7-B
to prohibit at large elections, to establish ward systems - the number
of wards would equal to the number of current members of
governing/legislative bodies. The department of state and the legisla-
tive task force on demographic research and reapportionment shall
provide the boards of elections with assistance to implement ward
system. Wards shall be reapportioned at the same time as congressional,
assembly, and senate districts. The secretary of state and the attorney
general must jointly approve an exemption if the municipality cannot
comply by September 1, 2021. The notice shall include specific reasons
and timeline for action to comply with the law by next election there-
after. The reports of exemptions must be submitted to the governor and
the legislature by the Office of the Attorney General for 3 consecutive
years to measure compliance.

Section 7 makes the: enactment immediate and application to elections
occurring after January 1, 2020.

 
JUSTIFICATION:

This legislation would ban the use of at-large elections and force the
932 towns and 554 villages in the state to adopt modem district
elections system. Courts have forced 12 municipalities to change to
district-based voting because their at-large elections were ruled
discriminatory.

Most recently, the federal government won a lawsuit against the West-
chester Village of Port Chester requiring it to draw districts and
ensure the voting rights of the thousands of Hispanics residing there.
Federal courts throughout the nation have ruled in recent years that
at-large elections systematically dilute the minority vote and cause
polarized voting patterns based on ethnicity and race.

New York continues to use an electoral system that time after time has
been found by the courts to dilute the vote of minorities. Throughout
this state, there are communities bursting at the seams because of the
explosive growth of minority communities To allow the present elections
system to stand is to allow a discriminatory practice to continue. This
is unacceptable.

Throughout the nation, minority communities, women and political minori-
ties of all persuasions are under-represented in state and local govern-
ments. While the federal Voting Rights Act has provided a degree of
relief to these communities, additional fair access to the ballot is
needed and states can strengthen the Voting Rights Act.

The legislation expands the federal Voting Rights Act by forcing commu-
nities that continue to rely on at-large elections to adopt district or
ward elections by the fall of 2009. This move alone will allow minority
communities and all communities in areas that use at large elections
with greater access to the ballot, both as candidates for office and as
voters. In addition, the legislation mandates the New York Department of
State to assist all of the 932 towns and 554 villages with the technical
needs to draw the not political lines.

This is a simple and practical solution and one that modernizes our
elections system. Today, all municipalities have access to the technolo-
gy to help them draw election districts for all their communities,
therefore putting an end to back-room political dealings that run slates
of good-old-buddies for elections that make a mockery of our democratic
system.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not applicable.

 
EFFECTIVE DATE:
This act shall take effect immediately and apply to general elections
and general village elections occurring after September 1, 2010.

2019-S5217 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5217
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 16, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, the town law and the general municipal
   law, in relation to prohibiting the at large election  of  members  of
   the legislative or governing body of towns and villages, and providing
   for  and requiring the election of such members by wards; to amend the
   general municipal law, in relation  to  directing  the  department  of
   state and the legislative task force on demographic research and reap-
   portionment to assist boards of election to establish wards, authoriz-
   ing towns and villages to petition for a temporary exemption from such
   requirements,  and  directing  the  attorney-general to report on such
   exemptions; and to repeal certain provisions of the town law  relating
   to authorizing certain towns to establish ward systems of election
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15-130 of the election law is amended  to  read  as
 follows:
   §  15-130.  Election  of  trustees  by wards. The board of trustees of
 [any] EVERY village [may, by resolution,  and  subject  to  a  mandatory
 referendum,]  SHALL  provide  for  the election of trustees by wards, OR
 alter [existing] ward boundaries [or abolish wards and the  election  of
 trustees  by  wards].  [If  a village elects trustees by wards separate]
 SEPARATE ballot boxes or voting machines  shall  be  provided  for  each
 ward.
   §  2.  Paragraph (b) of subdivision 2 of section 81 of the town law is
 REPEALED.
   § 3. Section 85 of the town law is amended to read as follows:
   § 85. Ward system for election of councilmen. [1. Whenever a  proposi-
 tion shall have been adopted in a town of the first class for the estab-
 lishment  of the ward system and the election thereafter of one council-
 man from each ward, the] THE board of elections of the county  in  which
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11212-02-9

 S. 5217                             2
 
 [such]  A  town is situate shall divide the town into four wards and fix
 the boundaries thereof, unless a proposition shall have been adopted  to
 increase  the  number of councilmen from four to six, in which instance,
 the  board of elections shall divide the town into six wards and fix the
 boundaries thereof. In so dividing the town into wards, no town election
 district shall be divided and no election  district  thereafter  created
 under  the election law shall contain parts of two or more wards. So far
 as possible the division shall be so made that the number of  voters  in
 each  ward  shall  be approximately equal.   When the board of elections
 shall have finally determined the boundaries of the  wards,  they  shall
 cause a map of the town to be prepared showing in detail the location of
 each  ward and the boundaries thereof. The original map so made shall be
 filed in the office of the town clerk and copies thereof shall be  filed
 in  the  offices  of  the county clerk and the board of elections of the
 county. The ward system shall be deemed established after such filing is
 complete. After a ward system shall have been so established,  the  term
 of  office  of every town councilman shall terminate on the thirty-first
 day of December next succeeding the first biennial  town  election  held
 not  less  than  one hundred twenty days after the establishment of such
 ward system, and at such biennial town election, and every biennial town
 election thereafter, one resident elector of each ward shall be  elected
 as  councilman  therefrom for a term of two years beginning on the first
 day of January next succeeding such election.
   [2. The ward system may be abolished upon the adoption of  a  proposi-
 tion  therefor  at  any  special or biennial town election. At the first
 biennial town election held at least one hundred twenty days  after  the
 adoption  of  a  proposition  to abolish the ward system for election of
 councilmen, the electors of the town shall elect one-half of  the  total
 number of town councilmen for the term of two years each and one-half of
 the  total number of town councilmen for the term of four years each. At
 each biennial town election held thereafter there shall be elected  one-
 half  of  the total number of town councilmen for the term of four years
 each. The terms of all such councilmen shall begin on the first  day  of
 January next succeeding the date of their election.]
   § 4. Section 87 of the town law, as amended by chapter 374 of the laws
 of 1940, is amended to read as follows:
   §  87. Increase [or decrease] of number of councilmen. [1.] Whenever a
 proposition shall have been adopted in a town [of the first class  which
 shall  not  have established the ward system,] to increase the number of
 councilmen from four to six, party nominations for town  councilmen  may
 be  made  and designating petitions filed and four town councilmen shall
 be elected at the first biennial town election held at least one hundred
 fifty days thereafter, three for a term of four years each and one for a
 term of two years and thereafter at each biennial town election in  such
 town  there  shall be elected three town councilmen for the term of four
 years each, in the same manner as other elective town officers  in  such
 town.  The  term  of  office  of each such councilman shall begin on the
 first day of January next  succeeding  the  election  at  which  he  was
 elected.
   [2.  Whenever  a  proposition shall have been adopted in a town of the
 first class which  shall  not  have  established  the  ward  system,  to
 increase  the  number  of councilmen from two to four, party nominations
 for town councilmen may be made  and  designating  petitions  filed  and
 three  town  councilmen  shall  be  elected  at  the first biennial town
 election held at least one hundred fifty days thereafter, two for  terms
 of  four  years  each and one for a term of two years, and thereafter at

 S. 5217                             3

 each biennial town election in such town, there  shall  be  elected  two
 town  councilmen  for  terms  of  four years each, in the same manner as
 other elective town officers in such town. The term of  office  of  each
 such  town  councilman  shall  begin  on  the  first day of January next
 succeeding the election at which he was elected.
   3. Whenever a proposition shall have been adopted in  a  town  of  the
 first class to reduce the number of councilmen from four to two, no town
 councilmen  shall be elected at the first biennial town election held at
 least one hundred fifty days after the  adoption  of  such  proposition.
 Party  nominations  for  town  councilmen  may  be  made and designating
 petitions filed and two town councilmen shall be elected at the biennial
 town election next succeeding the biennial town  election  at  which  no
 town  councilmen  are elected, one for a term of two years and one for a
 term of four years and thereafter at each biennial town election in such
 town there shall be elected one town  councilman  for  a  term  of  four
 years,  in the same manner as other elective town officers in such town.
 The term of office of each such councilman shall begin on the first  day
 of January next succeeding the election at which he was elected.]
   § 5. Subdivision 13 of section 341 of the town law is REPEALED.
   §  6. The general municipal law is amended by adding a new article 7-B
 to read as follows:
                                ARTICLE 7-B
                           ELECTION BY WARDS IN
                            TOWNS AND VILLAGES
 SECTION 150. AT LARGE ELECTIONS PROHIBITED.
         151. ESTABLISHMENT OF WARD SYSTEMS.
         152. TEMPORARY EXEMPTION.
   § 150. AT LARGE ELECTIONS PROHIBITED. NO MEMBER OF  THE  GOVERNING  OR
 LEGISLATIVE  BODY  OF A TOWN OR VILLAGE SHALL BE ELECTED BY THE ELECTORS
 OF SUCH TOWN OR VILLAGE AT LARGE.
   § 151. ESTABLISHMENT OF WARD SYSTEMS. 1. THE BOARD OF ELECTIONS OF THE
 COUNTY SHALL DIVIDE EACH TOWN AND VILLAGE INTO SUCH NUMBER OF  WARDS  AS
 IS  EQUAL  TO THE NUMBER OF MEMBERS OF THE GOVERNING OR LEGISLATIVE BODY
 OF SUCH TOWN OR VILLAGE; AND SHALL FIX THE BOUNDARIES THEREOF. THE DIVI-
 SION THEREOF SHALL BE SO MADE THAT THE NUMBER OF ELIGIBLE VOTERS IN EACH
 WARD SHALL BE APPROXIMATELY EQUAL.
   2. THE DEPARTMENT OF STATE AND THE LEGISLATIVE  TASK  FORCE  ON  DEMO-
 GRAPHIC   RESEARCH  AND  REAPPORTIONMENT  SHALL  PROVIDE  TO  BOARDS  OF
 ELECTIONS ANY AND ALL ASSISTANCE AS MAY BE NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS OF THIS SECTION.
   3.  EVERY  WARD ESTABLISHED PURSUANT TO THIS SECTION SHALL BE REAPPOR-
 TIONED IN THE SAME YEAR AS CONGRESSIONAL, ASSEMBLY AND SENATE  DISTRICTS
 ARE REAPPORTIONED PURSUANT TO SECTION FOUR OF ARTICLE THREE OF THE STATE
 CONSTITUTION.
   §  152.  TEMPORARY  EXEMPTION.  1.  IN  THE EVENT A VILLAGE OR TOWN IS
 UNABLE TO COMPLY WITH THE PROVISIONS OF SECTIONS ONE HUNDRED  FIFTY  AND
 ONE  HUNDRED FIFTY-ONE OF THIS ARTICLE FOR THE FIRST GENERAL ELECTION OR
 FIRST GENERAL VILLAGE ELECTION  OCCURRING  AFTER  SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-ONE,  SUCH  TOWN  OR  VILLAGE  SHALL, NOT LESS THAN SIX
 MONTHS PRIOR TO SUCH ELECTION, SUBMIT AN APPLICATION TO  THE  DEPARTMENT
 OF  STATE AND THE DEPARTMENT OF LAW FOR AN EXEMPTION FROM THE PROVISIONS
 OF SUCH SECTIONS WHICH SHALL APPLY ONLY TO SUCH FIRST ELECTION. NO  SUCH
 EXEMPTION  SHALL  BE GRANTED UNLESS THE APPLICATION THEREFOR IS APPROVED
 JOINTLY BY THE SECRETARY OF STATE AND THE ATTORNEY-GENERAL.
   2. UPON THE JOINT APPROVAL OF ANY APPLICATION  SUBMITTED  PURSUANT  TO
 SUBDIVISION  ONE  OF THIS SECTION, THE SECRETARY OF STATE AND THE ATTOR-

 S. 5217                             4
 
 NEY-GENERAL SHALL PROVIDE THE VILLAGE OR TOWN AND THE APPROPRIATE  BOARD
 OF ELECTIONS WITH A NOTICE OF SUCH EXEMPTION. SUCH NOTICE SHALL INCLUDE:
   (A) THE SPECIFIC REASONS FOR THE GRANTING OF THE EXEMPTION;
   (B) A TIMELINE OF ACTIONS THAT THE TOWN OR VILLAGE SHALL FULFILL ON OR
 BEFORE THE SUCCEEDING GENERAL ELECTION OR GENERAL VILLAGE ELECTION; AND
   (C) A TIMELINE OF ACTIONS REQUIRED TO BE COMPLETED FOR THE ELECTION OF
 ALL MEMBERS OF THE GOVERNING OR LEGISLATIVE BODY OF SUCH TOWN OR VILLAGE
 DURING THE SUCCEEDING CALENDAR YEAR.
   3.  EVERY  TOWN  AND  VILLAGE,  GRANTED  AN EXEMPTION PURSUANT TO THIS
 SECTION, SHALL COMPLY WITH ALL PROVISIONS OF SECTIONS ONE HUNDRED  FIFTY
 AND  ONE  HUNDRED  FIFTY-ONE  OF  THIS  ARTICLE FOR EVERY ELECTION WHICH
 FOLLOWS SUCH FIRST ELECTION FOR WHICH AN EXEMPTION WAS GRANTED.
   4. ON OR BEFORE THE FIRST OF APRIL IN  TWO  THOUSAND  TWENTY-TWO,  TWO
 THOUSAND TWENTY-THREE AND TWO THOUSAND TWENTY-FOUR, THE ATTORNEY-GENERAL
 SHALL  SUBMIT  REPORTS  TO THE GOVERNOR AND THE LEGISLATURE ON THE TOWNS
 AND VILLAGES GRANTED EXEMPTIONS PURSUANT  TO  THIS  SECTION.  EACH  SUCH
 REPORT  SHALL  INCLUDE THE NAME OF THE TOWN OR VILLAGE, A DESCRIPTION OF
 THE PROBLEM IN ESTABLISHING WARDS, THE POPULATION, THE ELECTED POSITIONS
 INVOLVED, AND THE OUTCOMES OF THE RELEVANT ELECTIONS.
   § 7. This act shall take effect immediately and shall apply to general
 elections and general village elections occurring after January 1, 2020.

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