NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10506
SPONSOR: Rules (Walker) TITLE OF BILL:
An act to amend the public officers law, the second class cities law,
the alternative county government law and the county law, in relation to
requiring certain elections of public officials occur on even-numbered
years
PURPOSE:
To amend certain election laws in relation to a proposed constitutional
amendment requiring certain elections of public officials occur on even-
numbered years.
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 2 of section 4 of the public officers law,
as amended by chapter 9 of the laws of 1978. Establishes that all terms
of city officers who were elected expire at the end of an even-numbered
year, and are elected at the general election in an even-numbered year.
Section 2: Amends section 14 of the second class cities law so that
elections of city officers and judicial officers of a city court or
inferior local court, are held on the Tuesday succeeding the first
Monday in November in even-numbered years.
Section 3: Amends subdivision 2 of section 300 of the alternative county
government law so that the first comptroller is to he elected in the
first general election after the adoption of the new form of government.
If there is already an elective county auditor, the first comptroller is
elected in the last year of the auditor's term or at the next general
election in of a vacancy. Subsequent comptrollers are elected every four
years, starting from the first even-numbered year after the first comp-
troller's election.
Section 4: Amends subdivision 1 of section 400 of the county law as
amended by chapter 658 of the laws of 1985 so that the sheriff, county
clerk, district attorney, county treasurer, and coroner or medical exam-
iner are elected at a general election in an even-numbered year.
Section 5: Establishes that in accordance with this bill, an elected
official subject to the requirements of sections one through four of
this bill, complete their full term as established by law. If the
completion of their full term results in the need for an election in an
odd-numbered year, the official elected at such election shall have
their term expire as if they were elected at the previous general
election held in the previous even-numbered year.
Section 6: Sets the effective date.
JUSTIFICATION:
This legislation accompanies "CONCURRENT RESOLUTION OF THE SENATE AND
ASSEMBLY," in relation to requiring certain elections to be held in
even-numbered years.
New York's current system of holding certain local elections on Election
Day in odd-numbered years leads to voter confusion and contributes to
low voter turnout in local elections. Studies have consistently shown
that voter turnout is the highest on the 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.
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:
This act shall take effect on the same date as a "CONCURRENT RESOLUTION
OF THE SENATE AND ASSEMBLY proposing amendments to section 21 of article
6, article 13, section 6 of article 4, and section 1 of article 19 of
the constitution, in relation to requiring certain elections and all
submissions to the people for approval of constitutional amendments be
held in even-numbered years at the general election", takes effect, in
accordance with section 1 of article 19 of the constitution. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
STATE OF NEW YORK
________________________________________________________________________
10506
IN ASSEMBLY
May 29, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Walker) --
read once and referred to the Committee on Election Law
AN ACT to amend the public officers law, the second class cities law,
the alternative county government law and the county law, in relation
to requiring certain elections of public officials occur on even-num-
bered years
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 4 of the public officers law, as
2 amended by chapter 9 of the laws of 1978, is amended to read as follows:
3 2. All terms of city officers, including supervisors, elected in any
4 city or part of a city, and of county officers in the city of New York,
5 shall expire at the end of an [odd-numbered] even-numbered year. Such
6 officers shall be elected, except to fill a vacancy, at the general
7 election in [odd-numbered] even-numbered years. [This subdivision shall
8 not apply to any judicial officer.]
9 § 2. Section 14 of the second class cities law is amended to read as
10 follows:
11 § 14. Elections. All elections of city officers, including supervisors
12 and judicial officers of a city court or inferior local court, shall be
13 held on the Tuesday succeeding the first Monday in November, and, except
14 to fill vacancies, in an [odd-numbered] even-numbered year. All such
15 elections shall be held at the same time and places as the general
16 election held in such year, and shall be conducted in all respects in
17 the same manner as general elections in cities are required to be
18 conducted, and all the provisions of law relative to such elections
19 shall be applicable to the election for officers of the city. In case of
20 the failure to elect an elective city officer, except as otherwise
21 provided herein, the office shall be deemed to be vacant for the purpose
22 of choosing a successor and the vacancy shall be filled in the manner
23 provided herein for the filling of a vacancy in such office happening
24 otherwise than by expiration of term.
25 § 3. Subdivision 2 of section 300 of the alternative county government
26 law is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13421-04-4
A. 10506 2
1 2. If the comptroller is elective, the first comptroller elected under
2 the form adopted shall be elected at the first general election after
3 its adoption, except that, if the county has an elective county auditor
4 at the time of such adoption, the first comptroller shall be elected at
5 the general election in the last year of the term of the last county
6 auditor elected or, if the office of such auditor becomes vacant before
7 the last year of [his] such comptroller's term, at the next general
8 election thereafter at which the vacancy may be filled by the election
9 of a comptroller. The second comptroller shall be elected at the general
10 election in the [second odd-numbered] first even-numbered year after the
11 year in which the first comptroller is elected, and subsequent comp-
12 trollers shall be elected at the general election in every fourth year
13 thereafter. The term of office of the comptroller shall be four years
14 from and including the first day of January next following [his] such
15 election, except that the first comptroller elected shall serve for a
16 term of three years if [he] the comptroller is elected in an [even-num-
17 bered] odd-numbered year. A vacancy in the office of an elective comp-
18 troller occurring otherwise than by expiration of term shall be filled
19 by appointment by the board of supervisors and the person so appointed
20 shall hold office until the commencement of the calendar year next
21 succeeding the first general election at which the vacancy may be
22 filled.
23 § 4. Subdivision 1 of section 400 of the county law, as amended by
24 chapter 658 of the laws of 1985, is amended to read as follows:
25 1. Elective. There shall be elected a sheriff, county clerk, district
26 attorney and county treasurer. Except in the county of Lewis, coroners
27 shall continue to be elected as now provided by law until the office is
28 abolished or the number is increased or diminished pursuant to the
29 provisions of this chapter. Unless otherwise provided in this chapter,
30 the term of office of each such officer shall [continue to be three
31 years, except that the terms of office of sheriff, county clerk, county
32 treasurer and coroner shall] be four years from and including the first
33 day of January next succeeding [his] such officer's election. There
34 shall be elected a county judge, surrogate, and judge of the family
35 court as now or hereafter provided by law. The term of office of each
36 such judicial officer shall be ten years from and including the first
37 day of January next succeeding [his] such officer's election. The sher-
38 iff, county clerk, district attorney, county treasurer and coroner or
39 medical examiner shall be elected at a general election in an even-num-
40 bered year.
41 § 5. Notwithstanding any provision of any general, special or local
42 law, charter, code, ordinance, resolution, rule or regulation to the
43 contrary, an elected official subject to the requirements of sections
44 one, two, three, or four of this act, elected and serving their term as
45 of the effective date of this act shall complete their full term as
46 established by law. Provided, however, that if the completion of such
47 full term results in the need for an election in an odd-numbered year
48 after the effective date of this act, the official elected at such
49 election shall have their term expire as if such official were elected
50 at the previous general election held in the previous even-numbered
51 year.
52 § 6. This act shall take effect on the same date as a "CONCURRENT
53 RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 21
54 of article 6, article 13, and section 6 of article 4 of the constitu-
55 tion, in relation to requiring certain elections be held in even-num-
56 bered years at the general election", takes effect, in accordance with
A. 10506 3
1 section 1 of article 19 of the constitution. Effective immediately, the
2 addition, amendment and/or repeal of any rule or regulation necessary
3 for the implementation of this act on its effective date are authorized
4 to be made and completed on or before such effective date.
