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New York · Through 2026-09-11

N.Y. Municipal Home Rule § 23: Local laws subject to mandatory referendum

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Where this section sits in the code
  1. Municipal Home Rule
  2. Article 3. Procedure For Adoption of Local Laws; Referenda; Filing and Publication

§ 23. Local laws subject to mandatory referendum. 1. A local law

subject to mandatory referendum as provided in this section or in any

other state statute, shall be submitted for the approval of the electors

at a general election of state or local government officers in such

local government held not less than sixty days after the adoption

thereof unless such local law provides for its submission for approval

of the electors at a special election or unless, within thirty days

after the adoption of such local law, a petition signed, authenticated

and subject to certification by the clerk as provided for other

petitions in section twenty-four of this chapter is filed with such

clerk requesting its submission at a special election. If the local law

so provides or if a valid petition is so filed requesting the submission

of the local law at a special election, it shall be submitted at such a

special election held in such local government not less than sixty days

after the adoption of the local law, the date for which special election

shall be fixed by the legislative body. In either case such local law

shall become operative as prescribed therein only if approved at such

election by the affirmative vote of a majority of the qualified electors

of such local government voting upon the proposition.

2. Except as otherwise provided by or under authority of a state

statute, a local law shall be subject to mandatory referendum if it:

a. In the case of a city, provides a new charter for such city.

b. In the case of a city, town or village, changes the membership or

composition of the legislative body or increases or decreases the number

of votes which any member is entitled to cast.

c. Changes the veto power of the elective chief executive officer.

d. Changes the law of succession to the office of the chief executive

officer of a county elected on a county-wide basis or if there be none

the chairman of the board of supervisors, the mayor of a city or village

or the supervisor of a town.

e. Abolishes an elective office, or changes the method of nominating,

electing or removing an elective officer, or changes the term of an

elective office, or reduces the salary of an elective officer during his

term of office.

f. Abolishes, transfers or curtails any power of an elective officer.

g. Creates a new elective office.

h. In the case of a city, changes the boundaries of wards, or other

districts, from which members of the county board of supervisors, chosen

as such in such city to represent the city, are elected.

i. Changes a provision of law relating to public utility franchises.

j. In the case of a city, reduces the salary or compensation of a city

officer or employee, increases his hours of employment or changes his

working conditions if such salary, compensation, hours or conditions

have been fixed by a state statute and approved by the vote of the

qualified electors of the city. No provision effecting such reductions,

increases or changes contained in any local law or proposed new charter

shall become effective unless the definite question with respect to such

reductions, increases or changes shall be submitted separately from any

provisions not relating to such reductions, increases or changes and

approved by the affirmative vote of a majority of the qualified electors

voting thereon.

k. In the case of a city, changes a provision of law relating to the

membership or terms of office of the civil service commission of the

city.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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