Legislation
SECTION 15-104
General village election
Election (ELN) CHAPTER 17, ARTICLE 15
§ 15-104. General village election. 1. a. The general village election
shall be held on the third Tuesday in March except in any village which
presently elects, or hereafter adopts a proposition to elect, its
officers on a date other than the third Tuesday in March.
b. In any village in which the general village election, or a special
village election for officers pursuant to this chapter, is scheduled to
be held on the third Tuesday of March, for any year in which the
seventeenth day of March shall fall on such Tuesday, the board of
trustees of such village shall provide, by the resolution prescribed by
paragraph b of subdivision three of this section, that such election
shall be held on the eighteenth day of March. Any provision of a
resolution adopted pursuant to this subdivision shall not otherwise
alter the political calendar for any such election, which shall continue
to be computed from the third Tuesday of March. Notwithstanding the
provisions of subdivision five of this section, any provision of a
resolution adopted pursuant to this subdivision shall be effective only
if such provision is specifically published as provided by this section.
c. The board of trustees of a village may adopt a resolution, subject
to a permissive referendum as provided in article nine of the village
law, providing that village elections shall be conducted by the board of
elections. The board of trustees of a village which has adopted such a
resolution and which is wholly in one county may also adopt a resolution
providing that village elections shall occur on the day of the general
election provided that all the election districts contained within such
village are wholly within such village. Upon approval of such a
resolution by the board of trustees and, if requested by petition,
approval by a vote of the qualified voters of the village, the county
board of elections shall conduct all village elections including in
those cases in which such village elections are held on the day of the
general election, primary elections, if any. Such resolution shall be
effective for all elections in such village held more than six months
after such resolution is adopted, provided however, that a resolution
providing that village elections shall occur on the day of the general
election, shall be effective for such elections in such village for
which the primary election is held more than six months after such
resolution is adopted.
d. Except as otherwise provided by law, to be elected in a village
election, a candidate must receive more votes than any other candidate
for the office. In the event of a tie at a village election, a run-off
election shall be conducted pursuant to the provisions of section 15-126
of this article; provided, however, that if all candidates receiving an
equal number of votes agree to waive a run-off election, the election
shall be determined according to the provisions of paragraph d of
subdivision two of section 15-126 of this article.
2. A proposition changing the date of the general village election
shall not become effective until the next election regularly scheduled
to be held more than one hundred twenty days following its adoption.
Upon the adoption of such a proposition, the term of any village officer
elected at the election at which such proposition is adopted or less
than one hundred twenty-one days thereafter, and the term of any village
officer whose successor is scheduled to be selected more than one
hundred twenty days thereafter shall be extended until the date fixed as
a result of such proposition for his successor to take office.
3. a. The village clerk of a village shall, at least four months prior
to the general village election publish a notice designating the office
or offices to be filled at such election and the term or terms thereof.
In the event of a special village election to fill a vacancy as provided
in this article, such notice shall be published at least sixty days
prior to the date of such special election.
b. The board of trustees of a village shall, at least sixty days
before any village election conducted by either the village clerk or the
board of elections on a date other than the date of the general
election, adopt a resolution which shall state:
(1) the polling place in each election district
(2) the hours during which the polls shall be open, which shall
include at least the hours from noon to nine o'clock in the evening.
c. The village clerk shall publish, at least ten days prior to any
village election, a notice which shall state:
(1) the polling place in each election district
(2) the hours during which the polls shall be open
(3) the names and addresses of all those who have been duly nominated
in accordance with the provisions of this chapter for village office by
certificate or petition of nomination duly filed with the village clerk
and the office and term of such office for which they have been so
nominated
(4) an abstract of any proposition to be voted upon.
4. In addition to such publication, a copy of such notice shall be
posted in at least six conspicuous public places within the village and
at each polling place at least one day before the village election.
5. The failure of the village to publish and post all required
information shall not invalidate the election provided, however, that a
vote on a proposition shall be void if the required notice of election
is not given.
shall be held on the third Tuesday in March except in any village which
presently elects, or hereafter adopts a proposition to elect, its
officers on a date other than the third Tuesday in March.
b. In any village in which the general village election, or a special
village election for officers pursuant to this chapter, is scheduled to
be held on the third Tuesday of March, for any year in which the
seventeenth day of March shall fall on such Tuesday, the board of
trustees of such village shall provide, by the resolution prescribed by
paragraph b of subdivision three of this section, that such election
shall be held on the eighteenth day of March. Any provision of a
resolution adopted pursuant to this subdivision shall not otherwise
alter the political calendar for any such election, which shall continue
to be computed from the third Tuesday of March. Notwithstanding the
provisions of subdivision five of this section, any provision of a
resolution adopted pursuant to this subdivision shall be effective only
if such provision is specifically published as provided by this section.
c. The board of trustees of a village may adopt a resolution, subject
to a permissive referendum as provided in article nine of the village
law, providing that village elections shall be conducted by the board of
elections. The board of trustees of a village which has adopted such a
resolution and which is wholly in one county may also adopt a resolution
providing that village elections shall occur on the day of the general
election provided that all the election districts contained within such
village are wholly within such village. Upon approval of such a
resolution by the board of trustees and, if requested by petition,
approval by a vote of the qualified voters of the village, the county
board of elections shall conduct all village elections including in
those cases in which such village elections are held on the day of the
general election, primary elections, if any. Such resolution shall be
effective for all elections in such village held more than six months
after such resolution is adopted, provided however, that a resolution
providing that village elections shall occur on the day of the general
election, shall be effective for such elections in such village for
which the primary election is held more than six months after such
resolution is adopted.
d. Except as otherwise provided by law, to be elected in a village
election, a candidate must receive more votes than any other candidate
for the office. In the event of a tie at a village election, a run-off
election shall be conducted pursuant to the provisions of section 15-126
of this article; provided, however, that if all candidates receiving an
equal number of votes agree to waive a run-off election, the election
shall be determined according to the provisions of paragraph d of
subdivision two of section 15-126 of this article.
2. A proposition changing the date of the general village election
shall not become effective until the next election regularly scheduled
to be held more than one hundred twenty days following its adoption.
Upon the adoption of such a proposition, the term of any village officer
elected at the election at which such proposition is adopted or less
than one hundred twenty-one days thereafter, and the term of any village
officer whose successor is scheduled to be selected more than one
hundred twenty days thereafter shall be extended until the date fixed as
a result of such proposition for his successor to take office.
3. a. The village clerk of a village shall, at least four months prior
to the general village election publish a notice designating the office
or offices to be filled at such election and the term or terms thereof.
In the event of a special village election to fill a vacancy as provided
in this article, such notice shall be published at least sixty days
prior to the date of such special election.
b. The board of trustees of a village shall, at least sixty days
before any village election conducted by either the village clerk or the
board of elections on a date other than the date of the general
election, adopt a resolution which shall state:
(1) the polling place in each election district
(2) the hours during which the polls shall be open, which shall
include at least the hours from noon to nine o'clock in the evening.
c. The village clerk shall publish, at least ten days prior to any
village election, a notice which shall state:
(1) the polling place in each election district
(2) the hours during which the polls shall be open
(3) the names and addresses of all those who have been duly nominated
in accordance with the provisions of this chapter for village office by
certificate or petition of nomination duly filed with the village clerk
and the office and term of such office for which they have been so
nominated
(4) an abstract of any proposition to be voted upon.
4. In addition to such publication, a copy of such notice shall be
posted in at least six conspicuous public places within the village and
at each polling place at least one day before the village election.
5. The failure of the village to publish and post all required
information shall not invalidate the election provided, however, that a
vote on a proposition shall be void if the required notice of election
is not given.