Relates to requiring voter approval for the abolition or modification of term limits for certain elected offices

Title of bill

An act to amend the election law, in relation to requiring voter approval for the abolition or modification of term limits for certain elected offices

Summary of provisions

The bill will add a new Section 1-108 to the Election Law to require that in any political subdivision where the term of office of an elected official has been limited by referendum, the legislative body with jurisdiction over the term limited elected office may adopt a resolution to abolish or modify the term limit and such resolution shall be submitted to the appropriate qualified electors.

The resolution shall be adopted by the appropriate legislative body at least ninety days prior to the date of the referendum required by this legislation. No such resolution shall become effective until approved by the affirmative vote of the majority of the electors who participate in the referendum. The referendum is to be held no later than the first Tuesday of March in the year the general election is scheduled for the term limited office.

This law will apply to any elected office in any county, municipality, town, village or political subdivision, except judges or justices of the unified court system.

Reasons for support

Term limits, particularly with respect to the legislative branch, artificially restrict voter choice and dilute representative democracy. However, where the public has participated in the referendum process, a legitimate expectation exists that their opinion as expressed in the outcome of the referendum will be respected. That expectation is particularly justified when the referendum concerns the term of office of individuals elected to represent the people.

In this circumstance, even where one conceptually disagrees with term limits, the most appropriate mechanism to change the law is to revisit the issue with the public in a referendum. Otherwise, the integrity of our democracy is undermined, particularly when elected officials who are self-interested in the outcome overturn the expressed will of the voters.

Recently, we have witnessed the corrosive impact that such a legislative maneuver can have on the democratic process in New York City. In 1993 and 1996, New York City residents voted by referendum to limit the tenure of municipal officeholders to two terms, or a total of eight years. Not only did the public express its support for term limits twice, it did so in considerable fashion.

Nevertheless, in direct contravention of the public will, the New York City Council passed legislation extending the term limits of municipal officeholders to a total of twelve years. The voters, understandably, reacted with outrage and felt relegated to the sidelines of the public square even though their opinions had been clearly expressed on two occasions.

The state legislature functions as the custodians of the electoral system administered in New York. Accordingly, we are charged with the responsibility of protecting the integrity of the democratic process, and the will of residents who elect their representatives.

In this capacity, it is appropriate to enact a statewide law that respects the public referendum process on the issue of term limits, in any municipality, county, town or village throughout the state, including Syracuse and New York City. Ultimately, maintaining the public's confidence in the legitimacy of our representative democracy requires no less.

Prior legislative history

New bill.

Effective date

January 1, 2010