Relates to election by wards in suburban towns

2 Co-sponsors

• Ruben Diaz
• Ruth Hassell-Thompson

Title of bill

An act to amend the town law, in relation to election by wards in suburban towns

Purpose or general idea of bill

To prohibit at-large elections in suburban class towns.

Summary of specific provisions

The bill amends Article 3-A of the town law by adding a new title 2-A: Election By Wards In Suburban Towns. Section 51-a of Title 2-A provides that no members of the town board of a suburban town shall be elected at-large. Section 51-b requires the board of elections of a county to divide each suburban town into such number of wards as is equal to the number of members on the town board of such town and the terms for town board members shall be reduced from four years to two years thereafter. Section 51-c would provide for a temporary exemption in the event that a suburban town is unable to comply with the provisions.

Existing law

Section 85 of town law provides towns of every class - first, second and suburban - with the process to adopt a ward system for the election of council members. This is a voluntary process and subject to voter approval. In order for any town, including suburban class towns, to repeal at-large elections for council members, such town board would first need to put a proposition on the ballot. Only if adopted by the voters, then would the county board of elections divide the town into wards with an equal number of voters. After the district maps are complete, all council terms will expire at the end of the next town election and future terms will be reduced from 4 years to 2 years. Candidates for town board would then need to reside in their districts.

Justification

Council district elections are a simple and practical solution that modernize local races and help ensure fair representation in large towns of the suburban class. County boards of elections already have access to the technology necessary to help draw election districts.

Courts have already forced 12 municipalities in New York to change to district-based voting because their at-large elections were ruled discriminatory. Nationwide, courts have also ruled in recent years that at-large elections have violated the federal Voting Rights Act.

Of the 932 towns in New York, there are 57 suburban class towns. Requiring suburban towns - first class towns with a population of 25,000 or more - to use council districts for the election of board members is a modest, but appropriate, first step that will provide fair and equal representation in our towns.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately and shall apply to general elections occurring after September 1, 2012.