BILL NUMBER: S9763
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the village law, in relation to conducting referenda in
villages with November elections
 
PURPOSE:
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 C 9-900 of the village law, by adding a new
subdivision four. This subdivision specifies that referenda, in villages
with November elections, shall be conducted in accordance with §§ 23 and
24 of the home rule law.
Section 2 provides the effective date.
 
JUSTIFICATION:
Pursuant to election law4-108(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 20191 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
article 9 of the village law. Consequently, it is impossible for a
village to comply with both the timing requirements of village law Arti-
cle 9 and election law § 4-108 and have a proposition appear on a Novem-
ber 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:
New bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately
1 Chapter 5 of the Laws of 2019
2 52 USCA § 20302

Statutes affected:
S9763: 9-900 village law