N.Y. ELN Law § 15-106 — New York Code / Act ELN / Article 15 / Section 15-106
Special village elections for officers
Status: in_force

§ 15-106. Special village elections for officers. 1. a. In a village\nwhere the rules of any party require that any nomination of candidates\nfor village office by such party be made at a primary election, pursuant\nto this article;\n  (1) Special village elections shall be held on the third Tuesday of\nthe month preceding the end of the current official year in which no\ngeneral village election is regularly scheduled, to fill a vacancy or\nvacancies in an office or offices occurring:\n  (a) More than one hundred five days prior to such Tuesday;\n  (b) Less than seventy-five days prior to the third Tuesday of the\nmonth preceding the end of the preceding official year;\n  (2) Such primary election shall be waived, such party nomination or\nnominations made by the party caucus, and special village elections for\nofficers held:\n  (a) On the third Tuesday of the month preceding the end of the current\nofficial year in which no general village election is regularly\nscheduled, to fill a vacancy or vacancies in an office or offices\noccurring between seventy-five and one hundred five days, inclusive,\nprior to such Tuesday;\n  (b) On a Tuesday as soon as practicable:\n  (i) Whenever the day fixed by law for a general village election shall\nhave passed and no election shall have been held thereon, but in no\nevent on a day less than sixty-one nor more than ninety-five days after\nthe day on which the official call for such special election is made by\nthe board of trustees of the village, whether such official call is made\nbefore or after the day fixed by law for such general village election;\n  (ii) Whenever the day fixed by law for a general village election\nshall have passed and any office or offices which should have been\nfilled at such election shall have been omitted from the ballot\ntherefor, but in no event on a day less than sixty-one nor more than\nninety-five days after the day on which the official call for such\nspecial election is made by the board of trustees of the village,\nwhether such official call is made before or after the day fixed by law\nfor such general village election; or\n  (iii) Whenever vacancies in the village's board of trustees constitute\na majority of the seats thereof, but in no event less than sixty-one nor\nmore than ninety-five days after the day on which such vacancies first\nconstitute such majority.\n  b. In any other village, special village elections shall be held;\n  (1) On the third Tuesday of the month preceding the end of the current\nofficial year in which no general village election is regularly\nscheduled to fill a vacancy or vacancies in an office or offices\noccurring:\n  (a) At least seventy-five days prior to such Tuesday;\n  (b) Less than seventy-five days prior to the third Tuesday of the\nmonth preceding the end of the preceding official year;\n  (2) On a Tuesday as soon as practicable:\n  (a) Whenever the day fixed by law for a general village election shall\nhave passed and no election shall have been held thereon, but in no\nevent on a day less than sixty-one nor more than ninety-five days after\nthe day on which the official call for such election is made by the\nboard of trustees of the village, whether such official call for such\nspecial election is made before or after the day fixed by law for such\ngeneral village election;\n  (b) Whenever the day fixed by law for a general village election shall\nhave passed and any office or offices which should have been filled at\nsuch election shall have been omitted from the ballot therefor, but in\nno event on a day less than sixty-one nor more than ninety-five days\nafter the day on which the official call for such special election is\nmade by the board of trustees of the village, whether such official call\nis made before or after the day fixed by law for such general village\nelection; or\n  (c) Whenever vacancies in the village's board of trustees constitute a\nmajority of the seats thereof, but in no event on a day less than\nsixty-one nor more than ninety-five days after the day on which such\nvacancies first constitute such majority.\n  2. Any officer elected at any such special village election shall fill\nthe office to which elected for the remainder of the current term of\nsuch office, and shall enter upon the duties of such office at the end\nof the current official year, except that such officer shall enter upon\nthe duties of such office immediately whenever:\n  a. such office is then vacant or becomes vacant prior to the end of\nthe current official year; or\n  b. such special election is held after the end of any official year\nduring which a general village election was scheduled to be held but was\nnot held; or\n  c. such special election is held after the end of any official year to\nfill a vacancy in an office that was to be filled at the preceding\ngeneral election but was omitted from the ballot therefor.\n  3. Except as herein otherwise provided, no such election shall be held\neither in the month of, or in the month prior to, a regularly scheduled\ngeneral village election.\n  4. Notice of a special village election for officers shall be given in\nthe same manner as for a general village election. If the offices of all\ntrustees and mayor are vacant the notice shall be given by the village\nclerk.  If the office of village clerk is also vacant the election shall\nbe held at the call of, and noticed by, at least twenty-five residents\nqualified to vote for village office.\n