§ 15-104 — General village election

New York § 15-104

• Jurisdiction: New York
• Law ELN: Election
• Art. 15: Village Elections

Text

§ 15-104. General village election. 1. a. The general village election\nshall be held on the third Tuesday in March except in any village which\npresently elects, or hereafter adopts a proposition to elect, its\nofficers on a date other than the third Tuesday in March.\n b. In any village in which the general village election, or a special\nvillage election for officers pursuant to this chapter, is scheduled to\nbe held on the third Tuesday of March, for any year in which the\nseventeenth day of March shall fall on such Tuesday, the board of\ntrustees of such village shall provide, by the resolution prescribed by\nparagraph b of subdivision three of this section, that such election\nshall be held on the eighteenth day of March. Any provision of a\nresolution adopted pursuant to this subdivision shall not otherwise\nalter the political calendar for any such election, which shall continue\nto be computed from the third Tuesday of March. Notwithstanding the\nprovisions of subdivision five of this section, any provision of a\nresolution adopted pursuant to this subdivision shall be effective only\nif such provision is specifically published as provided by this section.\n c. The board of trustees of a village may adopt a resolution, subject\nto a permissive referendum as provided in article nine of the village\nlaw, providing that village elections shall be conducted by the board of\nelections. The board of trustees of a village which has adopted such a\nresolution and which is wholly in one county may also adopt a resolution\nproviding that village elections shall occur on the day of the general\nelection provided that all the election districts contained within such\nvillage are wholly within such village. Upon approval of such a\nresolution by the board of trustees and, if requested by petition,\napproval by a vote of the qualified voters of the village, the county\nboard of elections shall conduct all village elections including in\nthose cases in which such village elections are held on the day of the\ngeneral election, primary elections, if any. Such resolution shall be\neffective for all elections in such village held more than six months\nafter such resolution is adopted, provided however, that a resolution\nproviding that village elections shall occur on the day of the general\nelection, shall be effective for such elections in such village for\nwhich the primary election is held more than six months after such\nresolution is adopted.\n d. Except as otherwise provided by law, to be elected in a village\nelection, a candidate must receive more votes than any other candidate\nfor the office. In the event of a tie at a village election, a run-off\nelection shall be conducted pursuant to the provisions of section 15-126\nof this article; provided, however, that if all candidates receiving an\nequal number of votes agree to waive a run-off election, the election\nshall be determined according to the provisions of paragraph d of\nsubdivision two of section 15-126 of this article.\n 2. A proposition changing the date of the general village election\nshall not become effective until the next election regularly scheduled\nto be held more than one hundred twenty days following its adoption.\nUpon the adoption of such a proposition, the term of any village officer\nelected at the election at which such proposition is adopted or less\nthan one hundred twenty-one days thereafter, and the term of any village\nofficer whose successor is scheduled to be selected more than one\nhundred twenty days thereafter shall be extended until the date fixed as\na result of such proposition for his successor to take office.\n 3. a. The village clerk of a village shall, at least four months prior\nto the general village election publish a notice designating the office\nor offices to be filled at such election and the term or terms thereof.\nIn the event of a special village election to fill a vacancy as provided\nin this article, such notice shall be published at least sixty days\nprior to the date of such special election.\n b. The board of trustees of a village shall, at least sixty days\nbefore any village election conducted by either the village clerk or the\nboard of elections on a date other than the date of the general\nelection, adopt a resolution which shall state:\n (1) the polling place in each election district\n (2) the hours during which the polls shall be open, which shall\ninclude at least the hours from noon to nine o'clock in the evening.\n c. The village clerk shall publish, at least ten days prior to any\nvillage election, a notice which shall state:\n (1) the polling place in each election district\n (2) the hours during which the polls shall be open\n (3) the names and addresses of all those who have been duly nominated\nin accordance with the provisions of this chapter for village office by\ncertificate or petition of nomination duly filed with the village clerk\nand the office and term of such office for which they have been so\nnominated\n (4) an abstract of any proposition to be voted upon.\n 4. In addition to such publication, a copy of such notice shall be\nposted in at least six conspicuous public places within the village and\nat each polling place at least one day before the village election.\n 5. The failure of the village to publish and post all required\ninformation shall not invalidate the election provided, however, that a\nvote on a proposition shall be void if the required notice of election\nis not given.\n