N.Y. Election Law § 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.