NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5036CREVISED 6/3/26
SPONSOR: Jacobson 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: Amends subdivision a of section 21, of article 6 of the
Constitution so that any vacancy, otherwise than by expiration of a term
in an even-numbered year, 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 occurring in an even-num-
bered year held not less than three months after such vacancy occurs.
Until the vacancy is filled, the governor with the advice and consent of
the Senate, may fill the vacancy as currently provided.
This section also amends subdivision (d) of Section 21 of article 6 that
when a vacancy shall occur, other than by expiration of term in an even-
numbered year, in the office of judge of the district court, it shall be
filled for a full term at the next general election occurring in an
even-numbered year held not less than three months after such vacancy.
Section 2: Amends article 13 of the Constitution by adding two new
sections, 9 and 10.
Section 9 provides that the date of judicial officer elections outside
of New York City, other than village judicial officers, are to be held
on the Tuesday after 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. If the term of an elected judicial officer serving
their term as of the effective date of this amendment expires in an
odd-numbered year, such judicial office shall be treated as vacant upon
the expiration of such term.
Section 10 provides that notwithstanding any other provision of this
Constitution, the legislature may provide that any election held after
the effective date of this section and not later than the general
election in 2034 to fill an elective office of the state or any poli-
tical subdivision thereof, other than an elective office of the city of
New York, of any county wholly included in such city, or of a village,
for a full term or unexpired term that would otherwise expire at the end
of an odd-numbered year shall be for a full term or unexpired term
expiring at the end of an even-numbered year. This section shall not
apply to any election held before such effective date or to any term
resulting therefrom, nor to any judicial office subject to section 21 of
article 6 of the constitution.
Section 3: Amends section 8 of article 13 of the Constitution so that
elections for all city officers outside of New York City are held on the
Tuesday following the first Monday in November in an even-numbered year
and that the term of such official or officer shall expire at the end of
an even-numbered year.
Section 4: Amends section 3 of article 13 of the Constitution, providing
in the case of an elective officer outside the city of New York, no
person appointed to fill a vacancy shall hold the office beyond the
first annual election held in an even-numbered year after the happening
of a vacancy.
Section 5: Amends section 6 of article 4, establishing the vacancy
procedures in the case of a simultaneous vacancy in the office of gover-
nor and lieutenant governor.
Section 6: Amends subdivision (a) of sect ion 13 of article 13 of the
Constitution outlining the election process for various county officers
outside New York City, including registers, sheriffs, clerks, and
district attorneys, with elections occurring once every four years in
even-numbered years.
Section 7: Repeats the process of adoption of the amendment.
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 when the General Election is held in November of even-numbered
years when elections for State and Federal offices are held. Syncing
local elections will ease voter confusion and will lead to greater citi-
zen participation in local elections. Further, eliminating odd-year
elections to have less frequent elections will save taxpayer dollars.
Without this Constitutional Amendment, judicial offices and a few
offices, County Clerk and Sheriff, depending on the county, will end up
as the only contests on the ballot. A town judgeship could be the only
position on the ballot. With such few offices, there will be even less
interest in voting.
Likewise, without enactment of this Constitutional Amendment, turnout in
local elections in cities outside of New York City, will likely be even
lower than now, when those elections are the only ones on the ballot.
Voters will be confused since town elections and major county elections
will be held in even-numbered years with the city election the only one
in an odd year.
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:
2023-2024: A10538 - Referred to Assembly Election Law Committee;
Referred to Attorney General for Opinion.
S9826 - Passed Senate
FISCAL IMPLICATIONS TO STATE:
None.
EFFECTIVE DATE:
The amendment must be approved by two successive, separately elected
legislatures. After the second approval by the legislature, the amend-
ment is submitted to the voters for their approval or disapproval. If
approved, it shall take effect on the following January 1 after the
voters approve. (There is no change in the process for approval of the
Constitutional amendment.)
STATE OF NEW YORK
________________________________________________________________________
5036--C
2025-2026 Regular Sessions
IN ASSEMBLY
February 11, 2025
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Election Law -- recommitted to the Committee on Election Law in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
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
1 Section 1. Resolved (if the Senate concur), That section 21 of article
2 6 of the constitution be amended to read as follows:
3 § 21. a. When a vacancy shall occur in the city of New York, otherwise
4 than by expiration of term, in the office of justice of the supreme
5 court, [of judge of the county court,] or of judge of the surrogate's
6 court [or judge of the family court outside the city of New York], it
7 shall be filled for a full term at the next general election held not
8 less than three months after such vacancy occurs [and, until]. When a
9 vacancy shall occur outside the city of New York, otherwise than by
10 expiration of term in an even-numbered year, in the office of justice of
11 the supreme court, of judge of the county court, of judge of the surro-
12 gate's court or judge of the family court outside of the city of New
13 York, it shall be filled for a full term at the next general election
14 occurring in an even-numbered year held not less than three months after
15 such vacancy occurs. Until the vacancy shall be so filled, the governor
16 by and with the advice and consent of the senate, if the senate shall be
17 in session, or, if the senate not be in session, the governor may fill
18 such vacancy by an appointment which shall continue until and including
19 the last day of December next after the election at which the vacancy
20 shall be filled.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89039-13-6
A. 5036--C 2
1 b. When a vacancy shall occur, otherwise than by expiration of term,
2 in the office of judge of the court of claims, it shall be filled for
3 the unexpired term in the same manner as an original appointment.
4 c. When a vacancy shall occur, otherwise than by expiration of term,
5 in the office of judge elected to the city-wide court of civil jurisdic-
6 tion of the city of New York, it shall be filled for a full term at the
7 next general election held not less than three months after such vacancy
8 occurs and, until the vacancy shall be so filled, the mayor of the city
9 of New York may fill such vacancy by an appointment which shall continue
10 until and including the last day of December next after the election at
11 which the vacancy shall be filled. When a vacancy shall occur, otherwise
12 than by expiration of term on the last day of December of any year, in
13 the office of judge appointed to the family court within the city of New
14 York or the city-wide court of criminal jurisdiction of the city of New
15 York, the mayor of the city of New York shall fill such vacancy by an
16 appointment for the unexpired term.
17 d. When a vacancy shall occur, otherwise than by expiration of term in
18 an even-numbered year, in the office of judge of the district court, it
19 shall be filled for a full term at the next general election occurring
20 in an even-numbered year held not less than three months after such
21 vacancy occurs and, until the vacancy shall be so filled, the board of
22 supervisors or the supervisor or supervisors of the affected district if
23 such district consists of a portion of a county or, in counties with an
24 elected county executive officer, such county executive officer may,
25 subject to confirmation by the board of supervisors or the supervisor or
26 supervisors of such district, fill such vacancy by an appointment which
27 shall continue until and including the last day of December next after
28 the election at which the vacancy shall be filled.
29 § 2. Resolved (if the Senate concur), That article 13 of the constitu-
30 tion be amended by adding two new sections 9 and 10 to read as follows:
31 § 9. All elections of judicial officers outside the city of New York,
32 other than village judicial officers, shall occur at the election held
33 on the Tuesday succeeding the first Monday in November in an even-num-
34 bered year, and the term of every such officer shall expire at the end
35 of an even-numbered year. If the term of any such elected judicial
36 officer serving their term as of the effective date of this amendment
37 expires in an odd-numbered year, such judicial office shall be deemed
38 vacant upon the expiration of such term.
39 § 10. Notwithstanding any other provision of this constitution, the
40 legislature may provide that any election held after the effective date
41 of this section and not later than the general election in two thousand
42 thirty-four to fill an elective office of the state or any political
43 subdivision thereof, other than an elective office of the city of New
44 York, of any county wholly included in such city, or of a village, for a
45 full term or unexpired term that would otherwise expire at the end of an
46 odd-numbered year shall be for a full term or unexpired term expiring at
47 the end of an even-numbered year. This section shall not apply to any
48 election held before such effective date or to any term resulting there-
49 from, nor to any judicial office subject to section twenty-one of arti-
50 cle six of this constitution.
51 § 3. Resolved (if the Senate concur), That section 8 of article 13 of
52 the constitution be amended to read as follows:
53 § 8. All elections of city officers, including supervisors, elected
54 only in [any city or part of a city] the city of New York, and of county
55 officers elected in any county wholly included in [a] such city, except
56 to fill vacancies, shall be held on the Tuesday succeeding the first
A. 5036--C 3
1 Monday in November in an odd-numbered year, and the term of every such
2 official or officer shall expire at the end of an odd-numbered year.
3 Aside from the city of New York, all elections of city officers, includ-
4 ing supervisors, elected in any city or part of a city, except to fill
5 vacancies, shall be held on the Tuesday succeeding the first Monday in
6 November in an even-numbered year, and the term of every such official
7 or officer shall expire at the end of an even-numbered year. This
8 section shall not apply to elections of any judicial officer.
9 § 4. Resolved (if the Senate concur), That section 3 of article 13 of
10 the constitution be amended to read as follows:
11 § 3. The legislature shall provide for filling vacancies in office,
12 and in case of elective officers, no person appointed to fill a vacancy
13 shall hold [his or her] such office by virtue of such appointment longer
14 than the commencement of the political year next succeeding the first
15 annual election, or, in the case of an elective office outside the city
16 of New York, the first annual election held in an even-numbered year,
17 after the happening of the vacancy; provided, however, that nothing
18 contained in this article shall prohibit the filling of vacancies on
19 boards of education, including boards of education of community
20 districts in the city school district of the city of New York, by
21 appointment until the next regular school district election, whether or
22 not such appointment shall extend beyond the thirty-first day of Decem-
23 ber in any year.
24 § 5. Resolved (if the Senate concur), That section 6 of article 4 of
25 the constitution be amended to read as follows:
26 § 6. The lieutenant-governor shall possess the same qualifications of
27 eligibility for office as the governor. The lieutenant-governor shall be
28 the president of the senate but shall have only a casting vote therein.
29 The lieutenant-governor shall receive for [his or her] such lieutenant-
30 governor services an annual salary to be fixed by joint resolution of
31 the senate and assembly.
32 In case of vacancy in the offices of both governor and lieutenant-gov-
33 ernor, a governor and lieutenant-governor shall be elected for the
34 remainder of the term [at the next general election] on the Tuesday
35 succeeding the first Monday in November happening not less than three
36 months after both offices shall have become vacant. No election of a
37 lieutenant-governor shall be had in any event except at the time of
38 electing a governor.
39 In case of vacancy in the offices of both governor and lieutenant-gov-
40 ernor or if both of them shall be impeached, absent from the state or
41 otherwise unable to discharge the powers and duties of the office of
42 governor, the temporary president of the senate shall act as governor
43 until the inability shall cease or until a governor shall be elected.
44 In case of vacancy in the office of lieutenant-governor alone, or if
45 the lieutenant-governor shall be impeached, absent from the state or
46 otherwise unable to discharge the duties of office, the temporary presi-
47 dent of the senate shall perform all the duties of lieutenant-governor
48 during such vacancy or inability.
49 If, when the duty of acting as governor devolves upon the temporary
50 president of the senate, there be a vacancy in such office or the tempo-
51 rary president of the senate shall be absent from the state or otherwise
52 unable to discharge the duties of governor, the speaker of the assembly
53 shall act as governor during such vacancy or inability.
54 The legislature may provide for the devolution of the duty of acting
55 as governor in any case not provided for in this article.
A. 5036--C 4
1 § 6. Resolved (if the Senate concur), That subdivision (a) of section
2 13 of article 13 of the constitution be amended to read as follows:
3 (a) Except in counties in the city of New York and except as author-
4 ized in section one of article nine of this constitution, registers in
5 counties having registers shall be chosen by the electors of the respec-
6 tive counties once in every [three] four years in an even-numbered year
7 and whenever the occurring of vacancies shall require; the sheriff and
8 the clerk of each county outside the city of New York shall be chosen by
9 the electors once in every [three or] four years in an even-numbered
10 year as the legislature shall direct. Sheriffs shall hold no other
11 office. They may be required by law to renew their security, from time
12 to time; and in default of giving such new security, their offices shall
13 be deemed vacant. The governor may remove any elective sheriff, county
14 clerk, district attorney or register within the term for which [he or
15 she] such elective sheriff, county clerk, district attorney or register
16 shall have been elected; but before so doing the governor shall give to
17 such officer a copy of the charges against [him or her] such elective
18 sheriff, county clerk, district attorney or register and an opportunity
19 of being heard in [his or her] such elective sheriff, county clerk,
20 district attorney or register's defense. In each county in the city of
21 New York a district attorney shall be chosen by the electors once in
22 every three or four years as the legislature shall direct, and in each
23 county outside the city of New York a district attorney shall be chosen
24 by the electors once in every four years in an even-numbered year as the
25 legislature shall direct. The clerk of each county in the city of New
26 York shall be appointed, and be subject to removal, by the appellate
27 division of the supreme court in the judicial department in which the
28 county is located. In addition to [his or her] the powers and duties as
29 clerk of the supreme court, [he or she] such clerk of the supreme court
30 shall have power to select, draw, summon and empanel grand and petit
31 jurors in the manner and under the conditions now or hereafter
32 prescribed by law, and shall have such other powers and duties as shall
33 be prescribed by the city from time to time by local law.
34 § 7. Resolved (if the Senate concur), That the foregoing amendments be
35 referred to the first regular legislative session convening after the
36 next succeeding general election of members of the assembly, and, in
37 conformity with section 1 of article 19 of the constitution, be
38 published for 3 months previous to the time of such election.
