2023 New York Laws › ELN - Election › Article 15 - Village Elections › 15-106 - Special Village Elections for Officers.

§  15-106.  Special village elections for officers. 1. a. In a village
where the rules of any party require that any nomination  of  candidates
for village office by such party be made at a primary election, pursuant
to this article;
(1)  Special  village  elections shall be held on the third Tuesday of
the month preceding the end of the current official  year  in  which  no
general  village  election  is regularly scheduled, to fill a vacancy or
vacancies in an office or offices occurring:
(a) More than one hundred five days prior to such Tuesday;
(b) Less than seventy-five days prior to  the  third  Tuesday  of  the
month preceding the end of the preceding official year;
(2)  Such  primary  election shall be waived, such party nomination or
nominations made by the party caucus, and special village elections  for
officers held:
(a) On the third Tuesday of the month preceding the end of the current
official  year  in  which  no  general  village  election  is  regularly
scheduled, to fill a vacancy  or  vacancies  in  an  office  or  offices
occurring  between  seventy-five  and  one hundred five days, inclusive,
prior to such Tuesday;
(b) On a Tuesday as soon as practicable:
(i) Whenever the day fixed by law for a general village election shall
have passed and no election shall have been  held  thereon,  but  in  no
event  on a day less than sixty-one nor more than ninety-five days after
the day on which the official call for such special election is made  by
the board of trustees of the village, whether such official call is made
before or after the day fixed by law for such general village election;
(ii)  Whenever  the  day  fixed  by law for a general village election
shall have passed and any office  or  offices  which  should  have  been
filled  at  such  election  shall  have  been  omitted  from  the ballot
therefor, but in no event on a day less than  sixty-one  nor  more  than
ninety-five  days  after  the  day  on  which the official call for such
special election is made by  the  board  of  trustees  of  the  village,
whether  such official call is made before or after the day fixed by law
for such general village election; or
(iii) Whenever vacancies in the village's board of trustees constitute
a majority of the seats thereof, but in no event less than sixty-one nor
more than ninety-five days after the day on which such  vacancies  first
constitute such majority.
b. In any other village, special village elections shall be held;
(1) On the third Tuesday of the month preceding the end of the current
official  year  in  which  no  general  village  election  is  regularly
scheduled to fill a  vacancy  or  vacancies  in  an  office  or  offices
occurring:
(a) At least seventy-five days prior to such Tuesday;
(b)  Less  than  seventy-five  days  prior to the third Tuesday of the
month preceding the end of the preceding official year;
(2) On a Tuesday as soon as practicable:
(a) Whenever the day fixed by law for a general village election shall
have passed and no election shall have been  held  thereon,  but  in  no
event  on a day less than sixty-one nor more than ninety-five days after
the day on which the official call for such  election  is  made  by  the
board  of  trustees  of the village, whether such official call for such
special election is made before or after the day fixed by law  for  such
general village election;
(b) Whenever the day fixed by law for a general village election shall
have  passed  and any office or offices which should have been filled at
such election shall have been omitted from the ballot therefor,  but  in
no  event  on  a  day less than sixty-one nor more than ninety-five days

after the day on which the official call for such  special  election  is
made by the board of trustees of the village, whether such official call
is  made  before  or after the day fixed by law for such general village
election; or
(c) Whenever vacancies in the village's board of trustees constitute a
majority  of  the  seats  thereof,  but  in  no event on a day less than
sixty-one nor more than ninety-five days after the  day  on  which  such
vacancies first constitute such majority.
2. Any officer elected at any such special village election shall fill
the  office  to  which  elected for the remainder of the current term of
such office, and shall enter upon the duties of such office at  the  end
of  the current official year, except that such officer shall enter upon
the duties of such office immediately whenever:
a. such office is then vacant or becomes vacant prior to  the  end  of
the current official year; or
b.  such  special  election is held after the end of any official year
during which a general village election was scheduled to be held but was
not held; or
c. such special election is held after the end of any official year to
fill a vacancy in an office that was  to  be  filled  at  the  preceding
general election but was omitted from the ballot therefor.
3. Except as herein otherwise provided, no such election shall be held
either  in the month of, or in the month prior to, a regularly scheduled
general village election.
4. Notice of a special village election for officers shall be given in
the same manner as for a general village election. If the offices of all
trustees and mayor are vacant the notice shall be given by  the  village
clerk.  If the office of village clerk is also vacant the election shall
be  held  at the call of, and noticed by, at least twenty-five residents
qualified to vote for village office.