Prohibits at large election of members of town and village legislative bodies; requires election of members by wards

Section 2 repeals paragraph (b) of subdivision 2 of the town law.

Section 3 amends section 85 of the town law to eliminate the requirement of referendum to have ward-based elections.

Section 4 amends section 87 of the town law to eliminate the requirement of referendum to have ward-based elections, therefore requiring such elections everywhere.

Section 5 repeals subdivision 13 of section 341 of the town law.

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 legislative 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 congressional, assembly, and senate districts. The secretary of state and the attorney general must jointly approve an exemption if the municipality cannot comply by September 1, 2009 The notice shall include specific reasons and timeline for action to comply with the law by next election thereafter. The reports of exemptions must be submitted to the governor and the legislature.

Section 7 makes the: enactment immediate and application to elections occurring after September 1, 2009.

Justification

This legislation would ban the use of at-large elections and force the 932 towns and 554 villages in the state to adopt modern district elections system. Courts have forced 12 municipalities to change to district-based voting because their at-large elections were ruled discriminatory.

Most recently, the federal government won a lawsuit against the Westchester Village of Port Chester requiring it to draw districts and ensure the voting rights of the thousands of Hispanics residing there. Federal courts throughout the nation have ruled in recent years that

at-large elections systematically dilute the minority vote and cause polarized voting patterns based on ethnicity and race.

New York continues to use an electoral system that time after time has been found by the courts to dilute the vote of minorities. Throughout this state, there are communities bursting at the seams because of the explosive growth of minority communities To allow the present elections system to stand is to allow a discriminatory practice to continue. This is unacceptable.

Throughout the nation, minority communities, women and political minorities of all persuasions are under-represented in state and local governments. While the federal Voting Rights Act has provided a degree of relief to these communities, additional fair access to the ballot is needed and states can strengthen the Voting Rights Act.

The legislation expands the federal Voting Rights Act by forcing communities that continue to rely on at-large elections to adopt district or ward elections by the fall of 2009. This move alone will allow minority communities and all communities in areas that use at large elections with greater access to the ballot, both as candidates for office and as voters. In addition, the legislation mandates the New York Department of State to assist all of the 932 towns and 554 villages with the technical needs to draw the not political lines.

This is a simple and practical solution and one that modernizes our elections system. Today, all municipalities have access to the technology to help them draw election districts for all their communities, therefore putting an end to back-room political dealings that run slates of good-old-buddies for elections that make a mockery of our democratic system.

Prior legislative history

New Bill.

Fiscal implications for state and local governments

Not applicable.

Effective date

This act shall take effect immediately and apply to general elections and general village elections occurring after September 1, 2010.