NY State Senate Bill 2023-S9826

Senate Bill S9826

2023-2024 Legislative Session

Requires elections and terms of certain officials occur on even-numbered years except in the city of New York

download bill text pdf

Current Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	referred to election law
Jun 06, 2024	passed senate ordered to third reading cal.1905 committee discharged and committed to rules
Jun 05, 2024	opinion referred to judiciary
Jun 03, 2024	to attorney-general for opinion referred to rules

Votes

- Jun 6, 2024 - Floor Vote
  S9826
  
  39
  
  Aye
  
  22
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (39)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (22)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Comrie
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Scarcella-Spanton
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Jun 6, 2024 - Rules Committee Vote
  S9826
  
  12
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 6, 2024
      
      aye (12)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Fernandez
      
      Gianaris
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (8)
      
      Comrie
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Stec

2023-S9826 (ACTIVE) - Details

See Assembly Version of this Bill:: A10538
Current Committee:: Assembly Election Law
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 6 §21, Art 4 §6, Art 13 §§8, 3 & 13, add Art 13 §§9 & 10, Constn

2023-S9826 (ACTIVE) - Summary

Requires certain elections take place in even-numbered years for certain municipal and judicial officials except in the city of New York.

2023-S9826 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9826     Revised 6/5/24

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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
constitution, in relation to requiring certain elections be held in
even-numbered years at the general election

 
PURPOSE:

To require certain elections to be held in even-numbered years.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision a of section 21 of article 6 of the
constitution so that any vacancy in the office of justice of the supreme
court, of judge of the county court, of judge of the surrogate's court
or judge of the family court outside the city of New York shall be
filled for the remainder of the term at the next general election occur-
ring in an even-numbered year.

Section 2: Amends article 13 of the constitution by adding two new
sections 9 and 10 so that the date of judicial officer elections are
held on the Tuesday after the first Monday in November in an even-num-
bered year and establishes the legislature shall enact laws that provide
for the election of an elective officer to take place on the Tuesday
after the first Monday in November in an odd-numbered year for a term
which will cause such officer's term to expire at the end of an even-
numbered year.

Section 3: Amends section 8 of article 13 of the constitution so that
elections for all city officers outside of New York City are held on the
Tuesday following the first Monday in November in an even-numbered year
and that the term of each official expires at the end of an even-num-
bered year.

Section 4: Amends section 3 of article 13 of the constitution, outlining
the procedure for filling vacancies in elective offices, also specifying
the procedure in the case of a simultaneous vacancy in the office of
governor and lieutenant governor.

Section 5: Amends section 6 of article 4, establishing the vacancy
procedures in the case of a simultaneous vacancy in the office of gover-
nor and lieutenant governor.

Section 6: Amends subdivision (a) of section 13 of article 13 of the
constitution outlining the election process for various county officers
in New York, including registers, sheriffs, clerksä and district attor-
neys, with elections occurring once every four years in even-numbered
years.

Section 7: Sets the effective date and process of adoption.

 
JUSTIFICATION:

New York's current system of holding certain city and other local
elections on Election Day in odd-numbered years leads to voter confusion
and voter exhaustion, ultimately resulting in low voter turnout in local
elections. Studies have consistently shown that voter turnout is the
highest on 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. Further, eliminating odd-year elections to have less
frequent elections will save taxpayer dollars.

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:
That the foregoing amendments be session convening after the next the
assembly, and, in conformity constitution, be published for 3 election.
referred to the first regular legislative succeeding general election of
members of with section 1 of article 19 of the months previous to the
time of such election.

2023-S9826 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9826
 
                             I N  S E N A T E
 
                               June 3, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
             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 constitution, in relation to  requiring  certain
   elections be held in even-numbered years at the general election

   Section 1. Resolved (if the Assembly concur), That section 21 of arti-
 cle 6 of the constitution be amended to read as follows:
   §  21.  a. When a vacancy shall occur, otherwise than by expiration of
 term, in the office of justice of the supreme court,  of  judge  of  the
 county  court,  of judge of the surrogate's court or judge of the family
 court outside the city of New York, it shall be filled for [a full]  THE
 REMAINDER OF THE term at the next general election OCCURRING IN AN EVEN-
 NUMBERED  YEAR held not less than three months after such vacancy occurs
 and, until the vacancy shall be so filled, the governor by and with  the
 advice and consent of the senate, if the senate shall be in session, or,
 if  the  senate not be in session, the governor may fill such vacancy by
 an appointment which shall continue until and including the last day  of
 December next after the election at which the vacancy shall be filled.
   b.  When  a vacancy shall occur, otherwise than by expiration of term,
 in the office of judge of the court of claims, it shall  be  filled  for
 the unexpired term in the same manner as an original appointment.
   c.  When  a vacancy shall occur, otherwise than by expiration of term,
 in the office of judge elected to the city-wide court of civil jurisdic-
 tion of the city of New York, it shall be filled for a full term at  the
 next general election held not less than three months after such vacancy
 occurs  and, until the vacancy shall be so filled, the mayor of the city
 of New York may fill such vacancy by an appointment which shall continue
 until and including the last day of December next after the election  at
 which the vacancy shall be filled. When a vacancy shall occur, otherwise
 than  by  expiration of term on the last day of December of any year, in
 the office of judge appointed to the family court within the city of New
 York or the city-wide court of criminal jurisdiction of the city of  New
 York,  the  mayor  of the city of New York shall fill such vacancy by an
 appointment for the unexpired term.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD89143-01-4
 S. 9826                             2
 
   d. When a vacancy shall occur, otherwise than by expiration  of  term,
 in  the office of judge of the district court, it shall be filled for [a
 full] THE REMAINDER OF THE term at the next general  election  OCCURRING
 IN  AN  EVEN-NUMBERED  YEAR  held  not less than three months after such
 vacancy  occurs  and, until the vacancy shall be so filled, the board of
 supervisors or the supervisor or supervisors of the affected district if
 such district consists of a portion of a county or, in counties with  an
 elected  county  executive  officer,  such county executive officer may,
 subject to confirmation by the board of supervisors or the supervisor or
 supervisors of such district, fill such vacancy by an appointment  which
 shall  continue  until and including the last day of December next after
 the election at which the vacancy shall be filled.
   § 2. Resolved (if the Assembly concur), That article 13 of the consti-
 tution be amended by adding two  new  sections  9  and  10  to  read  as
 follows:
   §  9.  ALL ELECTIONS OF JUDICIAL OFFICERS, OTHER THAN VILLAGE JUDICIAL
 OFFICERS, SHALL BE ELECTED AT THE ELECTION HELD ON THE TUESDAY  SUCCEED-
 ING  THE FIRST MONDAY IN NOVEMBER IN AN EVEN-NUMBERED YEAR, AND THE TERM
 OF EVERY SUCH OFFICER SHALL EXPIRE AT THE END OF AN EVEN-NUMBERED YEAR.
   § 10. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  CONSTITUTION,  THE
 LEGISLATURE MAY ENACT LAWS WHICH PROVIDE FOR THE ELECTION OF AN ELECTIVE
 OFFICER  OF  THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE TO TAKE
 PLACE ON THE TUESDAY SUCCEEDING THE FIRST MONDAY IN NOVEMBER IN AN  ODD-
 NUMBERED  YEAR FOR A TERM WHICH WILL CAUSE SUCH OFFICER'S TERM TO EXPIRE
 AT THE END OF AN EVEN-NUMBERED YEAR.
   § 3. Resolved (if the Assembly concur), That section 8 of  article  13
 of the constitution be amended to read as follows:
   §  8.  [All]  ASIDE  FROM  THE CITY OF NEW YORK, ALL elections of city
 officers, including supervisors, elected in any city or part of a  city,
 [and  of  county  officers  elected  in  any county wholly included in a
 city,] except to fill vacancies, shall be held on the Tuesday succeeding
 the first Monday in November in an  [odd-numbered]  EVEN-NUMBERED  year,
 and  the  term of every such OFFICIAL OR officer shall expire at the end
 of an [odd-numbered] EVEN-NUMBERED year. [This section shall  not  apply
 to elections of any judicial officer.]
   §  4.  Resolved (if the Assembly concur), That section 3 of article 13
 of the constitution be amended to read as follows:
   § 3. The legislature shall provide for filling  vacancies  in  office,
 and  in case of elective officers, no person appointed to fill a vacancy
 shall hold [his or her] SUCH office by virtue of such appointment longer
 than the commencement of the political year next  succeeding  the  first
 annual  election  IN  AN  EVEN-NUMBERED  YEAR after the happening of the
 vacancy; PROVIDED, HOWEVER, IN THE CASE OF A SIMULTANEOUS VACANCY IN THE
 OFFICES OF GOVERNOR AND  LIEUTENANT-GOVERNOR,  SUCH  OFFICERS  SHALL  BE
 ELECTED  AS REQUIRED UNDER SECTION SIX OF ARTICLE FOUR OF THIS CONSTITU-
 TION; AND provided FURTHER, however,  that  nothing  contained  in  this
 article  shall prohibit the filling of vacancies on boards of education,
 including boards of education of community districts in the city  school
 district  of the city of New York, by appointment until the next regular
 school district election, whether or not such appointment  shall  extend
 beyond the thirty-first day of December in any year.
   § 5. Resolved (if the Assembly concur), That section 6 of article 4 of
 the constitution be amended to read as follows:
   §  6. The lieutenant-governor shall possess the same qualifications of
 eligibility for office as the governor. The lieutenant-governor shall be
 the president of the senate but shall have only a casting vote  therein.
 S. 9826                             3
 
 The  lieutenant-governor shall receive for [his or her] SUCH LIEUTENANT-
 GOVERNOR services an annual salary to be fixed by  joint  resolution  of
 the senate and assembly.
   In case of vacancy in the offices of both governor and lieutenant-gov-
 ernor,  a  governor  and  lieutenant-governor  shall  be elected for the
 remainder of the term [at the next  general  election]  ON  THE  TUESDAY
 SUCCEEDING  THE  FIRST  MONDAY IN NOVEMBER happening not less than three
 months after both offices shall have become vacant.  No  election  of  a
 lieutenant-governor  shall  be  had  in  any event except at the time of
 electing a governor.
   In case of vacancy in the offices of both governor and lieutenant-gov-
 ernor or if both of them shall be impeached, absent from  the  state  or
 otherwise  unable  to  discharge  the powers and duties of the office of
 governor, the temporary president of the senate shall  act  as  governor
 until the inability shall cease or until a governor shall be elected.
   In  case  of vacancy in the office of lieutenant-governor alone, or if
 the lieutenant-governor shall be impeached, absent  from  the  state  or
 otherwise unable to discharge the duties of office, the temporary presi-
 dent  of  the senate shall perform all the duties of lieutenant-governor
 during such vacancy or inability.
   If, when the duty of acting as governor devolves  upon  the  temporary
 president of the senate, there be a vacancy in such office or the tempo-
 rary president of the senate shall be absent from the state or otherwise
 unable  to discharge the duties of governor, the speaker of the assembly
 shall act as governor during such vacancy or inability.
   The legislature may provide for the devolution of the duty  of  acting
 as governor in any case not provided for in this article.
   §  6.  Resolved  (if  the  Assembly  concur),  That subdivision (a) of
 section 13 of article 13 of the  constitution  be  amended  to  read  as
 follows:
   (a)  Except  in counties in the city of New York and except as author-
 ized in section one of article nine of this constitution,  registers  in
 counties having registers shall be chosen by the electors of the respec-
 tive  counties once in every [three] FOUR years IN AN EVEN-NUMBERED YEAR
 and whenever the occurring of vacancies shall require; the  sheriff  and
 the  clerk  of each county shall be chosen by the electors once in every
 [three or] four years IN AN EVEN-NUMBERED YEAR as the legislature  shall
 direct.  Sheriffs  shall  hold no other office.  They may be required by
 law to renew their security, from time to time; and in default of giving
 such new security, their offices shall be deemed  vacant.  The  governor
 may  remove  any  elective  sheriff,  county clerk, district attorney or
 register within the term for which [he or she]  SUCH  ELECTIVE  SHERIFF,
 COUNTY CLERK, DISTRICT ATTORNEY OR REGISTER shall have been elected; but
 before  so  doing  the governor shall give to such officer a copy of the
 charges against [him  or  her]  SUCH  ELECTIVE  SHERIFF,  COUNTY  CLERK,
 DISTRICT  ATTORNEY OR REGISTER and an opportunity of being heard in [his
 or her] SUCH ELECTIVE SHERIFF, COUNTY CLERK, DISTRICT ATTORNEY OR REGIS-
 TER'S defense. In each county a district attorney shall be chosen by the
 electors once in every [three or] four years IN AN EVEN-NUMBERED YEAR as
 the legislature shall direct. The clerk of each county in  the  city  of
 New York shall be appointed, and be subject to removal, by the appellate
 division  of  the  supreme court in the judicial department in which the
 county is located. In addition to [his or her] THE powers and duties  as
 clerk  of the supreme court, [he or she] SUCH CLERK OF THE SUPREME COURT
 shall have power to select, draw, summon and  empanel  grand  and  petit
 jurors  in  the  manner  and  under  the  conditions  now  or  hereafter
 S. 9826                             4
 
 prescribed by law, and shall have such other powers and duties as  shall
 be prescribed by the city from time to time by local law.
   §  7. Resolved (if the Assembly concur), That the foregoing amendments
 be referred to the first regular legislative session convening after the
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for 3 months previous to the time of such election.

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