New York Election Law

Sec. § 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.