BILL NUMBER: S5711C
SPONSOR: SKOUFIS
 
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 to extend the established vacancy procedure for filling
empty seats on the supreme court, county court, surrogate's court, and
family court, to also apply to vacancies outside New York City that
result from expiration of term of a sitting judge or justice in an odd-
numbered year. This means after a judicial officer completes their term
or leaves office in an odd-year, the Governor shall make an appointment
with the consent of the Senate to fill the vacant seat until the next
even-year election, at which point a judge or justice would be elected
for a full term on an even-year cycle. This section applies a similar
principle for judges of the district court, extending the established
vacancy procedure of appointment by the board of supervisors or county
executive to also fill vacancies that result from a judge's term expir-
ing in an odd-numbered year until the next election in an even-numbered
year.
Section 2: Amends article 13 of the constitution by adding two new
sections, 9 and 10, so that the date of judicial officer elections
outside New York City are held on the Tuesday after the first Monday in
November in an even-numbered year. It establishes that if a judicial
officer's term expires in an odd-numbered year outside New York City,
the office shall subsequently be deemed vacant. This section also estab-
lishes that the legislature may enact laws that provide for the election
of an elective officer to take place on the Tuesday after the first
Monday in November in an odd-numbered year for a term that will cause
such officer's term to expire at the end of an even-numbered year, in
order to facilitate the transition to even-year election cycles. This
transition to even-years will include town and non-NYC city officers,
but does not apply to officers elected in the City of New York or
village officers.
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 each official expires at the end of an even-num-
bered year. This preserves the current odd-numbered year cycle for New
York City officers.
Section 4: Amends section 3 of article 13 of the constitution, outlining
the procedure for filling vacancies in elective offices outside New York
City.
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 section 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: Sets Effective Date.
 
JUSTIFICATION:
Currently, New York's municipalities are required to hold elections for
local offices in odd-numbered years. Meanwhile, races for State and
Federal offices are all held in even-numbered years. Even though local
leaders have a significant impact on the well-being of our communities,
many New Yorkers do not make it to the polls in off-years. Whether a
voter experiences confusion about which offices are elected when, is
exhausted by having to vote every year, or simply lacks awareness that
their local offices are up for election, the result is clear: odd-year
elections have low voter turnout. Studies have consistently shown that
voter turnout is the highest on Election Day in November of even-num-
bered years, when races for State and Federal offices are held. Syncing
local elections with these state, federal, town, and most county offices
will not only save taxpayers' dollars by reducing the burden of annual
election administration, but it will also lead to greater participation
in local elections, and therefore more representative municipal gover-
nance.
Chapter 741 of 2023 was a major first step in transitioning local
elections to even-numbered years, requiring certain town and county
elections to be held in even-numbered years. This constitutional amend-
ment is the next logical step needed to continue consolidating our
elections and ensure higher voter turnout.
 
LEGISLATIVE HISTORY:
Senate
2023: N/A
2024: S9826, Passed Senate
2025: S5711, Referred to Judiciary
Assembly
2023: N/A
2024: A10538, Opinion Referred to Judiciary
2025: A5036, Referred to Judiciary
 
FISCAL PLICATIONS:
TBD
 
EFFECTIVE DATE:
Resolved (if the Assembly concur), That the foregoing amendments be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section of article of the constitution, be published for
months previous to the time of such election.