N.Y. Election Law § 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.