S T A T E O F N E W Y O R K
________________________________________________________________________
3505--B
2023-2024 Regular Sessions
I N S E N A T E
January 31, 2023
___________
Introduced by Sens. SKOUFIS, SALAZAR -- read twice and ordered printed,
and when printed to be committed to the Committee on Elections --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the town law, the village law, the county law, and the
municipal home rule law, in relation to moving certain elections to
even-numbered years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 80 of the town law is amended to read as follows:
§ 80. Biennial town elections. [Except as otherwise provided in this
chapter, a] NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR
LOCAL LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR REGULATION TO
THE CONTRARY, A biennial town election for the election of town
officers, OTHER THAN TOWN JUSTICES OR ANY TOWN OFFICE WITH A THREE-YEAR
TERM PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, and for the
consideration of such questions as may be proposed by the town board or
the duly qualified electors, pursuant to the provisions of this chapter,
shall be held on the Tuesday next succeeding the first Monday in Novem-
ber of every [odd-numbered] EVEN-NUMBERED year. All other town elections
are special elections. A town election or special town election held
pursuant to this chapter, shall be construed as a substitute, for a town
meeting or a special town meeting heretofore provided to be held by law,
and a reference in any law to a town meeting or special town meeting
shall be construed as referring to a town election or special town
election. ANY TOWN COMPLETELY COTERMINOUS WITH A VILLAGE SHALL CONTINUE
TO ELECT ITS OFFICERS, INCLUDING TOWN JUSTICES, IN ODD-NUMBERED YEARS IF
BOTH SUCH VILLAGE AND TOWN LAST HELD SUCH ELECTIONS IN AN ODD-NUMBERED
YEAR PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06852-13-3
S. 3505--B 2
§ 2. Subdivision 4 of section 17-1703-a of the village law, as amended
by chapter 513 of the laws of 2022, is amended to read as follows:
4. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term of
office of each other elected village office shall also end at the
conclusion of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town council members and two town justices shall be
filled by election as hereinafter provided at the November general
election next following the effective date of the creation of such town
or annexation of such territory; all other town offices shall be appoin-
tive. The election of the supervisor, council members and justices shall
be for terms of office as follows:
(a) If such election is held in an [odd-numbered] EVEN-NUMBERED year,
then the term of office for supervisor shall be the term regularly
provided by law; the terms of office for two council members shall be
the terms regularly provided by law and the terms for the other two
council members shall be two years each; the term for each justice shall
be the term regularly provided by law. Upon the expiration of the two
year term for council members as above provided, the terms for such
offices shall be as regularly provided by law.
(b) If such election is held in an [even-numbered] ODD-NUMBERED year,
then the term of office for supervisor shall be one year; the terms of
office for council members shall be one year for two council members and
three years for the other two council members and the terms of office
for each justice shall be for the remainder of the then unexpired terms.
Thereafter, each office shall be filled for the term regularly provided
by law.
§ 3. Section 400 of the county law is amended by adding a new subdivi-
sion 8 to read as follows:
8. NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR LOCAL
LAW, CHARTER, CODE, ORDINANCE, RESOLUTION, RULE OR REGULATION TO THE
CONTRARY, ALL ELECTIONS FOR ANY POSITION OF A COUNTY ELECTED OFFICIAL
SHALL OCCUR ON THE TUESDAY NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER
AND SHALL OCCUR IN AN EVEN-NUMBERED YEAR; PROVIDED HOWEVER, THIS SUBDI-
VISION SHALL NOT APPLY TO AN ELECTION FOR THE OFFICE OF SHERIFF, COUNTY
CLERK, DISTRICT ATTORNEY, FAMILY COURT JUDGE, COUNTY COURT JUDGE, SURRO-
GATE COURT JUDGE, OR ANY OFFICES WITH A THREE-YEAR TERM PRIOR TO JANUARY
FIRST, TWO THOUSAND TWENTY-FIVE.
§ 4. Paragraph g of subdivision 3 of section 34 of the municipal home
rule law, as amended by chapter 24 of the laws of 1988, is amended and a
new paragraph h is added to read as follows:
g. In this chapter or in the civil service law, eminent domain proce-
dure law, environmental conservation law, election law, executive law,
judiciary law, labor law, local finance law, multiple dwelling law,
multiple residence law, public authorities law, public housing law,
public service law, railroad law, retirement and social security law,
state finance law, volunteer firefighters' benefit law, volunteer ambu-
lance workers' benefit law, or workers' compensation law[.]; AND
H. INSOFAR AS IT RELATES TO REQUIREMENTS FOR COUNTIES, OTHER THAN
COUNTIES IN THE CITY OF NEW YORK, TO HOLD ELECTIONS IN EVEN-NUMBERED
YEARS FOR ANY POSITION OF A COUNTY ELECTED OFFICIAL, OTHER THAN THE
OFFICE OF SHERIFF, COUNTY CLERK, DISTRICT ATTORNEY, FAMILY COURT JUDGE,
S. 3505--B 3
COUNTY COURT JUDGE, SURROGATE COURT JUDGE, OR ANY COUNTY OFFICES WITH A
THREE-YEAR TERM PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FIVE.
§ 5. Notwithstanding any provision of any general, special or local
law, charter, code, ordinance, resolution, rule or regulation to the
contrary, a county elected official, or town elected official, subject
to the requirements of sections one, two, three, or four of this act,
elected and serving their term as of January 1, 2025 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 January 1, 2025, the county or town official
elected at such election shall have their term expire as if such offi-
cial were elected at the previous general election held in an even-num-
bered year. Provided, further, that such term shall not be applicable to
any general, special, or local law pertaining to term limits. Nothing in
this act shall prohibit a county, town, or any village subject to arti-
cle seventeen of the village law, from enacting a local law to alter or
permit alteration of an official's term limit.
§ 6. Severability. If any provision of this act is held invalid or
ineffective in whole or in part or inapplicable to any person or situ-
ation, such invalidity or holding shall not affect, impair or invalidate
other provisions or applications of this act that can be given effect
without the invalid provision or application, and all other provisions
thereof shall nevertheless be separately and fully effective, and to
this end the provisions of this act are declared to be severable.
§ 7. This act shall take effect immediately; provided however that
sections one, two, three and four of this act shall take effect January
1, 2025.
