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New York State Assembly

Speaker Carl E. Heastie
 
     
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A09991 Summary:

BILL NOA09991
 
SAME ASSAME AS S09763
 
SPONSOROtis
 
COSPNSRThiele
 
MLTSPNSR
 
Amd §9-900, Vil L
 
Relates to when a referendum is required when a village has provided that village elections shall occur on the same day as the general election.
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A09991 Actions:

BILL NOA09991
 
05/01/2024referred to local governments
05/21/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.644
06/07/2024substituted by s9763
 S09763 AMEND= MAYER
 05/29/2024REFERRED TO LOCAL GOVERNMENT
 06/04/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/04/2024ORDERED TO THIRD READING CAL.1738
 06/04/2024PASSED SENATE
 06/04/2024DELIVERED TO ASSEMBLY
 06/04/2024referred to local governments
 06/07/2024substituted for a9991
 06/07/2024ordered to third reading rules cal.644
 06/07/2024passed assembly
 06/07/2024returned to senate
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A09991 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A9991
 
SPONSOR: Otis

 
TITLE OF BILL:
 
An act to amend the village law, in relation to conducting referenda in
villages with November elections
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To ensure that referenda are conducted in accordance with the political
calendar prescribed by the election law.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill amends § 9-900 of the village law, by adding a new
subdivision 4. This subdivision specifies how referenda are to be
conducted in villages with November elections.
 
§ 2 provides the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
n/a
 
 
JUSTIFICATION:
 
Pursuant to election law § 4-108(1)(b), in order for a proposition to be
submitted to voters at the general village election in November, the
village clerk must submit the question to the County Board of Elections
at least three months prior to General Election Day. This requirement
was implemented in 2019 in order to ensure compliance with the Federal
Military Overseas Voter Empowerment (MOVE) Act. The MOVE Act ensures
that military voters receive absentee ballots far enough in advance of
an election to ensure that such absentee ballots cast by military voters
may be returned in time to be properly canvassed.
 
In making this change, the Legislature did not adjust the timing of
village law Article 9. Consequently, it is impossible for a village to
comply with both the timing requirements of village law Article 9 and
election law § 4-108 and have a proposition appear on a November ballot.
 
This bill would correct the conflict and require villages with November
elections to conduct referenda in accordance with the procedures set
forth in municipal home rule law §§ 23 and 24.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately:
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A09991 Text:




 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9991
 
                   IN ASSEMBLY
 
                                       May 1, 2024
                                       ___________
 
        Introduced  by  M.  of  A. OTIS, THIELE -- read once and referred to the
          Committee on Local Governments
 
        AN ACT to amend the village law, in relation to conducting referenda  in
          villages with November elections
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 9-900 of the village law is amended by adding a new
     2  subdivision 4 to read as follows:
     3    4. Whenever a village has provided that village elections shall  occur
     4  on  the  day  of  the general election pursuant to section 15-104 of the
     5  election law, and:
     6    a. whenever this chapter or any state statute shall provide  that  any
     7  local  law or resolution of the board of trustees is subject to a manda-
     8  tory referendum and if no other procedure  is  otherwise  provided  for,
     9  such  referendum  shall be conducted as provided in section twenty-three
    10  of the municipal home rule law; or
    11    b. whenever this chapter or any state statute shall  provide  that  an
    12  act  of  resolution  of the board of trustees is subject to a permissive
    13  referendum, such act or resolution shall be subject to a  referendum  on
    14  petition as set forth in paragraph a of subdivision one of section twen-
    15  ty-four of the municipal home rule law.
    16    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15272-01-4
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