BILL NUMBER: S479
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the election law, the town law and the general municipal
law, in relation to prohibiting the at large election of members of the
legislative or governing body of towns and villages, and providing for
and requiring the election of such members by wards; to amend the gener-
al municipal law, in relation to directing the department of state and
the legislative task force on demographic research and reapportionment
to assist boards of election to establish wards, authorizing towns and
villages to petition for a temporary exemption from such requirements,
and directing the attorney-general to report on such exemptions; and to
repeal certain provisions of the town law relating to authorizing
certain towns to establish ward systems of election
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill addresses antiquated election practices that have become a
leading cause of disenfranchisement of communities of color in New
York's Towns and Villages, many of which continue to utilize at large
elections. This bill would prohibit at large election of members of town
and village legislative bodies and require election of members by wards.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the Election law by mandating election by wards.
Section 2 repeals paragraph Co) of subdivision 2 of section 81 of the
town law relating to referenda to establish ward based elector systems
in a town.
Section 3 amends section 85 of the town law to eliminate the possibility
of eliminating a ward based election system in a town by referendum.
Section 4 amends section 87 of the town law to clarify the process by
which town can increase the number of council members.
Section 5 repeals subdivision 13 of section 341 of the town law, related
to town referenda regarding establishing a ward system.
Section 6 amends the general municipal law by adding a new article 7-B
to prohibit at large elections, to establish ward systems - the number
of wards would equal to the number of current members of
governing/legislative bodies. The department of state and the legisla-
tive task force on demographic research and reapportionment shall
provide the boards of elections with assistance to implement ward
system. Wards shall be reapportioned at the same time as congression-
al,assembly, and senate districts. The secretary of state and the attor-
ney general must jointly approve an exemption if the municipality cannot
comply by September 1, 2022. The notice shall include specific reasons
and timeline for action to comply with the law by the next election
thereafter. The reports of exemptions must be submitted to the governor
and the legislature by the Office of the Attorney General for three
consecutive years to measure compliance.
Section 7 makes the: enactment immediate and application to elections
occurring after January 1, 2024
 
JUSTIFICATION:
This legislation would ban the use of at large elections and require the
932 towns and 554 villages in the state to adopt a modern district
election system. Courts have forced multiple municipalities to change to
district-based voting because their at large elections were ruled
discriminatory.
New York continues to use an electoral system that has been found by the
courts to dilute the vote of communities of color. To allow the present
at large election system to stand is to allow a discriminatory practice
to continue.
Throughout the nation, communities of color, women and political minori-
ties of all persuasions are under-represented in state and local govern-
ments. While the federal Voting Rights Act has provided a degree of
relief to these communities, additional fair access to the ballot is
needed.
The legislation expands on the goals of the federal Voting Rights Act by
mandating communities that continue to rely on at large elections to
adopt district or ward elections. This move alone will allow communities
or color and all communities in areas that use at large elections with
greater access to the ballot, both as candidates for office and as
voters.
This is a simple and practical solution and one that modernizes our
election system. Today, all municipalities have access to the technology
to help them draw fair and proper election districts for all their
communities.
 
PRIOR LEGISLATIVE HISTORY:
SENATE:
2019-2020: S5217 (Salazar)- Referred to Elections
2021-2022: S6753 (Salazar)- Referred to Elections
ASSEMBLY:
2021-2022: A7901 (Burgos)- Referred to Elections
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Not applicable.
 
EFFECTIVE DATE:
This act .shall take effect immediately and shall apply to general
elections and general village elections occurring after January 1, 2024.

Statutes affected:
S479: 15-130 election law, 85 town law, 87 town law, 341 town law, 341(13) town law