NY State Senate Bill

Current Bill Status - In Senate Committee Judiciary Committee

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- In Committee Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2025	opinion referred to judiciary
Mar 04, 2025	to attorney-general for opinion
Mar 03, 2025	referred to judiciary

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2025-S5851 (ACTIVE) - Details

See Assembly Version of this Bill:: A7369
Current Committee:: Senate Judiciary
Law Section:: Constitution, Concurrent Resolutions to Amend
Laws Affected:: Amd Art 6 §21, Art 13 §§8, 3 & 13, Art 4 §6, add Art 13 §§9 & 10, Constn
Versions Introduced in 2023-2024 Legislative Session:: S9126, A10466

2025-S5851 (ACTIVE) - Summary

Requires certain elections take place in even-numbered years for certain municipal and judicial officials.

2025-S5851 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5851

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: Resolved (if the Assembly concur) amends section 21 of arti-
cle 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 a full term at the next general election occur-
ring in an even-numbered year.

Section 2: Resolved (if the Assembly concur) 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-numbered year and establishes the legisla-
ture shall enact laws that provide for the election of an elective offi-
cer 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: Resolved (if the Assembly concur) amends section 8 of article
13 of the constitution so that elections for all city officers are held
on the Tuesday following the first Monday in November in an even-num-
bered year and that the term of each official expires at the end of an
even-numbered year.

Section 4: Resolved (if the Assembly concur) amends section 3 of article
13 of the Constitution, outlining the procedure for filling vacancies in
elective offices and specifying the procedure in the case of a simul-
taneous vacancy in the office of governor and lieutenant governor.

Section 5: Resolved (if the Assembly concur) amends section 6 of article
4, establishing the vacancy procedures in the case of a simultaneous
vacancy in the office of governor and lieutenant governor.

Section 6: Resolved (if the Assembly concur) 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, clerks, and district attorneys, with elections occurring once
every four years in even-numbered years.

Section 7: Sets 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, requiring certain Town and County
elections to be held in even-numbered years. This constitutional amend-
ment is the next logical step needed to continue consolidating our
elections and ensure higher voter turnout. This constitutional amendment
will move the elections of city officers, judicial officers, and others
such as sheriffs, county clerks, and district attorneys to even-numbered
years.

 
LEGISLATIVE HISTORY:

Senate

2024: S9126, Opinion Referred to Judiciary

Assembly

2024: A10466, Referred to Election Law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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.

2025-S5851 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5851
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, COONEY, HARCKHAM, JACKSON, MAY, S. RYAN,
   SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
   to be committed to the Committee on Judiciary
 
             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]  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD89016-01-5
 S. 5851                             2
 
 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.
   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 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] THEIR office by virtue of such appointment long-
 er 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.
 S. 5851                             3
 
   § 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.
 The lieutenant-governor shall receive for [his or her] THEIR services an
 annual  salary  to be fixed by joint resolution of the senate and assem-
 bly.
   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] THEY shall have been
 elected; but before so doing the governor shall give to such  officer  a
 copy of the charges against him or her and an opportunity of being heard
 in  his  or  her  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 depart-
 ment in which the county is located. In addition to [his or  her]  THEIR
 powers  and duties as clerk of the supreme court, [he or she] THEY shall
 S. 5851                             4
 
 have power to select, draw, summon and empanel grand and petit jurors in
 the manner and under the conditions now or hereafter 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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Senate Bill S5851

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2025-S5851 (ACTIVE) - Details

2025-S5851 (ACTIVE) - Summary

2025-S5851 (ACTIVE) - Sponsor Memo

2025-S5851 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5851

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Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2025-S5851 (ACTIVE) - Details

2025-S5851 (ACTIVE) - Summary

2025-S5851 (ACTIVE) - Sponsor Memo

2025-S5851 (ACTIVE) - Bill Text download pdf

Comments