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.)
