NY State Senate Bill 2023-S479

Senate Bill S479

2023-2024 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

Current 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 03, 2024	referred to elections
Jan 04, 2023	referred to elections

2023-S479 (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:: 2019-2020: S5217
2021-2022: S6753

2023-S479 (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.

2023-S479 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S479

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 gener-
al municipal law, in relation to directing the department of state and
the legislative task force on demographic research and reapportionment
to assist boards of election to establish wards, authorizing 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:

This bill addresses antiquated election practices that have become a
leading cause of disenfranchisement of communities of color in New
York's Towns and Villages, many of which continue to utilize at large
elections. This bill would prohibit at large election of members of town

and village legislative bodies and require election of members by wards.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Election law by mandating election by wards.

Section 2 repeals paragraph Co) of subdivision 2 of section 81 of the
town law relating to referenda to establish ward based elector systems
in a town.

Section 3 amends section 85 of the town law to eliminate the possibility
of eliminating a ward based election system in a town by referendum.

Section 4 amends section 87 of the town law to clarify the process by
which town can increase the number of council members.

Section 5 repeals subdivision 13 of section 341 of the town law, related
to town referenda regarding establishing a ward system.

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 congression-
al,assembly, and senate districts. The secretary of state and the attor-
ney general must jointly approve an exemption if the municipality cannot
comply by September 1, 2022. The notice shall include specific reasons
and timeline for action to comply with the law by the next election
thereafter. The reports of exemptions must be submitted to the governor
and the legislature by the Office of the Attorney General for three
consecutive years to measure compliance.

Section 7 makes the: enactment immediate and application to elections
occurring after January 1, 2024
 
JUSTIFICATION:

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

New York continues to use an electoral system that has been found by the
courts to dilute the vote of communities of color.  To allow the present
at large election system to stand is to allow a discriminatory practice
to continue.

Throughout the nation, communities of color, 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.

The legislation expands on the goals of the federal Voting Rights Act by
mandating communities that continue to rely on at large elections to
adopt district or ward elections. This move alone will allow communities
or color and all communities in areas that use at large elections with
greater access to the ballot, both as candidates for office and as
voters.

This is a simple and practical solution and one that modernizes our
election system. Today, all municipalities have access to the technology
to help them draw fair and proper election districts for all their
communities.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2019-2020: S5217 (Salazar)- Referred to Elections

2021-2022: S6753 (Salazar)- Referred to Elections

ASSEMBLY:

2021-2022: A7901 (Burgos)- Referred to Elections

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Not applicable.

 
EFFECTIVE DATE:
This act .shall take effect immediately and shall apply to general
elections and general village elections occurring after January 1, 2024.

2023-S479 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    479
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 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, as amended by chapter 513 of the laws
 of 2022, is amended to read as follows:
   § 85. Ward system for election of  council  members.  [1.  Whenever  a
 proposition shall have been adopted in a town of the first class for the
 establishment  of  the  ward  system  and the election thereafter of one

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00526-01-3

 S. 479                              2

 council member from each ward, the] THE board of elections of the county
 in which [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 council members 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 estab-
 lished  after  such  filing  is complete. After a ward system shall have
 been so established, the term of office of  every  town  council  member
 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 council member 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
 council  members,  the  electors of the town shall elect one-half of the
 total number of town council members for the term of two years each  and
 one-half  of  the  total  number of town council members 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 council members
 for the term of four years each. The terms of all such  council  members
 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 513 of the laws
 of 2022, is amended to read as follows:
   § 87. Increase [or decrease] of number of council members. [1.]  When-
 ever 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 council members from four to six, party nominations  for  town
 council  members  may  be  made and designating petitions filed and four
 town council members  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 council members 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  council  member  shall  begin  on  the  first  day of January next
 succeeding the election at which they were 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 council members from two  to  four,  party  nomi-
 nations  for  town council members may be made and designating petitions
 S. 479                              3

 filed and three town council members shall be elected at the first bien-
 nial 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 there-
 after  at  each  biennial  town  election  in  such town, there shall be
 elected two town council members 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 council member shall begin on the first day  of
 January next succeeding the election at which they were elected.
   3.  Whenever  a  proposition  shall have been adopted in a town of the
 first class to reduce the number of council members from four to two, no
 town council members  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 council members may be made and
 designating petitions filed  and  two  town  council  members  shall  be
 elected  at the biennial town election next succeeding the biennial town
 election at which no town council members are elected, one for a term of
 two years and one for a term of four years and thereafter at each  bien-
 nial  town election in such town there shall be elected one town council
 member 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 council
 member shall begin on the first  day  of  January  next  succeeding  the
 election at which they were 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-FOUR,  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
 S. 479                              4
 
 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-
 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-SIX, TWO
 THOUSAND TWENTY-SEVEN AND TWO THOUSAND TWENTY-EIGHT, THE ATTORNEY-GENER-
 AL 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, 2024.

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