US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New York Laws » Consolidated Laws » ELN - Election » Article 15 - Village Elections » 15-104 – General Village Election.
§ 15-104. General village election. 1. a. The general village election
shall  be held on the third Tuesday in March except in any village which
presently elects, or  hereafter  adopts  a  proposition  to  elect,  its
officers on a date other than the third Tuesday in March.
  b.  In any village in which the general village election, or a special
village election for officers pursuant to this chapter, is scheduled  to
be  held  on  the  third  Tuesday  of  March,  for any year in which the
seventeenth day of March shall  fall  on  such  Tuesday,  the  board  of
trustees  of such village shall provide, by the resolution prescribed by
paragraph b of subdivision three of this  section,  that  such  election
shall  be  held  on  the  eighteenth  day  of  March. Any provision of a
resolution adopted pursuant to  this  subdivision  shall  not  otherwise
alter the political calendar for any such election, which shall continue
to  be  computed  from  the  third Tuesday of March. Notwithstanding the
provisions of subdivision five of  this  section,  any  provision  of  a
resolution  adopted pursuant to this subdivision shall be effective only
if such provision is specifically published as provided by this section.
  c. The board of trustees of a village may adopt a resolution,  subject
to  a  permissive  referendum as provided in article nine of the village
law, providing that village elections shall be conducted by the board of
elections. The board of trustees of a village which has adopted  such  a
resolution and which is wholly in one county may also adopt a resolution
providing  that  village elections shall occur on the day of the general
election provided that all the election districts contained within  such
village  are  wholly  within  such  village.  Upon  approval  of  such a
resolution by the board of  trustees  and,  if  requested  by  petition,
approval  by  a  vote of the qualified voters of the village, the county
board of elections shall conduct  all  village  elections  including  in
those  cases  in which such village elections are held on the day of the
general election, primary elections, if any. Such  resolution  shall  be
effective  for  all  elections in such village held more than six months
after such resolution is adopted, provided however,  that  a  resolution
providing  that  village elections shall occur on the day of the general
election, shall be effective for such  elections  in  such  village  for
which  the  primary  election  is  held  more than six months after such
resolution is adopted.
  d. Except as otherwise provided by law, to be  elected  in  a  village
election,  a  candidate must receive more votes than any other candidate
for the office. In the event of a tie at a village election,  a  run-off
election shall be conducted pursuant to the provisions of section 15-126
of  this article; provided, however, that if all candidates receiving an
equal number of votes agree to waive a run-off  election,  the  election
shall  be  determined  according  to  the  provisions  of paragraph d of
subdivision two of section 15-126 of this article.
  2. A proposition changing the date of  the  general  village  election
shall  not  become effective until the next election regularly scheduled
to be held more than one hundred twenty  days  following  its  adoption.
Upon the adoption of such a proposition, the term of any village officer
elected  at  the  election  at which such proposition is adopted or less
than one hundred twenty-one days thereafter, and the term of any village
officer whose successor is  scheduled  to  be  selected  more  than  one
hundred twenty days thereafter shall be extended until the date fixed as
a result of such proposition for his successor to take office.
  3. a. The village clerk of a village shall, at least four months prior
to  the general village election publish a notice designating the office
or offices to be filled at such election and the term or terms  thereof.
In the event of a special village election to fill a vacancy as provided

in  this  article,  such  notice  shall be published at least sixty days
prior to the date of such special election.
  b.  The  board  of  trustees  of  a village shall, at least sixty days
before any village election conducted by either the village clerk or the
board of elections on  a  date  other  than  the  date  of  the  general
election, adopt a resolution which shall state:

(1) the polling place in each election district

(2) the hours during which the polls shall be open, which shall include at least the hours from noon to nine o'clock in the evening. c. The village clerk shall publish, at least ten days prior to any village election, a notice which shall state:

(1) the polling place in each election district

(2) the hours during which the polls shall be open

(3) the names and addresses of all those who have been duly nominated in accordance with the provisions of this chapter for village office by certificate or petition of nomination duly filed with the village clerk and the office and term of such office for which they have been so nominated

(4) an abstract of any proposition to be voted upon. 4. In addition to such publication, a copy of such notice shall be posted in at least six conspicuous public places within the village and at each polling place at least one day before the village election. 5. The failure of the village to publish and post all required information shall not invalidate the election provided, however, that a vote on a proposition shall be void if the required notice of election is not given.