NY State Senate Bill 2023-S9763

Senate Bill S9763

2023-2024 Legislative Session

Relates to when a referendum is required when a village has provided that village elections shall occur on the same day as the general election

download bill text pdf

Current Bill Status - Passed Senate & Assembly

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	returned to senate passed assembly ordered to third reading rules cal.644 substituted for a9991
Jun 04, 2024	referred to local governments delivered to assembly passed senate ordered to third reading cal.1738 committee discharged and committed to rules
May 29, 2024	referred to local government

Votes

- Jun 4, 2024 - Floor Vote
  S9763
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 4, 2024 - Rules Committee Vote
  S9763
  
  17
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2024
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (3)
      
      Griffo
      
      Helming
      
      Lanza

2023-S9763 (ACTIVE) - Details

See Assembly Version of this Bill:: A9991
Law Section:: Village Law
Laws Affected:: Amd §9-900, Vil L

2023-S9763 (ACTIVE) - Summary

Relates to when a referendum is required when a village has provided that village elections shall occur on the same day as the general election.

2023-S9763 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9763

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the village law, in relation to conducting referenda in
villages with November elections

 
PURPOSE:

To ensure that referenda are conducted in accordance with the political
calendar prescribed by the election law.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends C 9-900 of the village law, by adding a new
subdivision four. This subdivision specifies that referenda, in villages
with November elections, shall be conducted in accordance with §§ 23 and
24 of the home rule law.

Section 2 provides the effective date.

 
JUSTIFICATION:

Pursuant to election law4-108(1) (b), in order for a proposition to be
submitted to voters at the general village election in November, the
village clerk must submit the question to the county board of elections
at least three months prior to general election day.This requirement was
implemented in 20191 in order to ensure compliance with the Federal
Military Overseas Voter Empowerment (MOVE) Act''The MOVE Act ensures
that military voters receive absentee ballots far enough in advance of
an election to ensure that such absentee ballots cast by military voters
may be returned in time to be properly canvassed.

In making this change, the Legislature did not adjust the timing of
article 9 of the village law. Consequently, it is impossible for a
village to comply with both the timing requirements of village law Arti-
cle 9 and election law § 4-108 and have a proposition appear on a Novem-
ber ballot.

This bill would correct the conflict and require villages with November
elections to conduct referenda in accordance with the procedures set
forth in municipal home rule law §§ 23 and 24.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately
1 Chapter 5 of the Laws of 2019
2 52 USCA § 20302

2023-S9763 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9763
 
                             I N  S E N A T E
 
                               May 29, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the village law, in relation to conducting referenda  in
   villages with November elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 9-900 of the village law is amended by adding a new
 subdivision 4 to read as follows:
   4. WHENEVER A VILLAGE HAS PROVIDED THAT VILLAGE ELECTIONS SHALL  OCCUR
 ON  THE  DAY  OF  THE GENERAL ELECTION PURSUANT TO SECTION 15-104 OF THE
 ELECTION LAW, AND:
   A. WHENEVER THIS CHAPTER OR ANY STATE STATUTE SHALL PROVIDE  THAT  ANY
 LOCAL  LAW OR RESOLUTION OF THE BOARD OF TRUSTEES IS SUBJECT TO A MANDA-
 TORY REFERENDUM AND IF NO OTHER PROCEDURE  IS  OTHERWISE  PROVIDED  FOR,
 SUCH  REFERENDUM  SHALL BE CONDUCTED AS PROVIDED IN SECTION TWENTY-THREE
 OF THE MUNICIPAL HOME RULE LAW; OR
   B. WHENEVER THIS CHAPTER OR ANY STATE STATUTE SHALL  PROVIDE  THAT  AN
 ACT  OF  RESOLUTION  OF THE BOARD OF TRUSTEES IS SUBJECT TO A PERMISSIVE
 REFERENDUM, SUCH ACT OR RESOLUTION SHALL BE SUBJECT TO A  REFERENDUM  ON
 PETITION AS SET FORTH IN PARAGRAPH A OF SUBDIVISION ONE OF SECTION TWEN-
 TY-FOUR OF THE MUNICIPAL HOME RULE LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15272-01-4

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