Laws governing local ballot measures in New York

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

This article sets out the laws governing local ballot measures in New York. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 57 counties, 1,525 cities, towns, and villages, and 1,189 special districts. Five counties—Bronx, Kings, New York, Queens, and Richmond—are classified as active consolidated governments.

School districts

See also: School bond and tax elections in New York

New York allows for elections involving bond issues and the state debt limit for cities under 120,000 in population. The New York Constitution has a protected debt limit for all school districts. In school districts that have referendums, they are limited to five percentum of the total valuation of property in the district. In other cities including Syracuse, Albany, and New York City, the debt limit varies from six to ten percentum of the district's total valuation of property.

Initiative process availability

Cities

All of New York's 62 cities have charter amendment by initiative under state law.

Counties

Suffolk County has an initiative process authorized by a special state law. Also, five counties are under the jurisdiction of New York City. As such residents of these counties enjoy an initiative process at the city level.

Initiative process features

Cities

A guide to local ballot initiatives

City Initiative Process   Indirect process: The charter amendment process is indirect. This means that the local legislative body has a chance to act on the proposed measure before it goes on the ballot. In New York, the city legislative body may not reject the proposal, but if the body fails to approve it, proponents must gather additional signature to place the proposal on the ballot. The city’s legislative body may also adopt proposed charter amendments--even those that fail to garner sufficient signatures. Depending on their subject matter, measures approved by the legislative body may still require a referendum vote. New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (6-7) Petition form: The petition may consist of separate petition sheets fastened together. Each petition sheet must be signed and verified according to the relevant guidelines for nominating petitions. The petition must contain the proposed law in full. New provisions should be set in italics or underlined. Deleted provisions should be bracketed or struck through. New York Consolidated Laws, Municipal Home Rule, Article 3, § 24 (1)(a) & Article 4, Part 2, § 37 (2, 3, 5 & 8) Signature requirements: The petition must contain signatures equal to 10% of the last vote for the office of governor or 30,000 signatures (whichever is less). Only those registered to vote as of the last general election may sign the petition. If the city legislative body fails to approve the measure, proponents must gather additional signatures equal to 5% of the last vote for the office of governor or 15,000 signatures (whichever is less). New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (2 & 7) Circulation period: No time constraints were found on the first round of initiative petitions. If a second round is required, however, it must be filed between two and four months after the first. New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (7) Circulator restrictions: No restrictions on circulators were identified. Notary requirement: No notary requirement was identified. Submitting signatures: Both rounds of petitions are filed with and verified by the city clerk. New York Consolidated Laws, Municipal Home Rule, Article 3, § 24 (1)(a) & Article 4, Part 2, § 37 (2, 5 & 7) Election procedure: If a second round of signatures is successfully filed and verified, an election on the proposed amendment will appear on the ballot at the next general election at least sixty days after filing. New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (7) Majority required: Charter amendments only require a simple majority for passage. New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (13) Conflicting measures: If two or more conflicting measure are approved, the measure with the most affirmative votes will prevail on all points of conflict. New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (13) Funding Source Requirement: Any charter amendment that requires the expenditure of city funds must specify a funding source. No expenditure required by an approved charter amendment may take effect before the start of the next fiscal year. (Unlike amendments, government reorganizations may rely on normal budgetary processes for funding as long as they do not dictate specific salaries or expenditures.) New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, § 37 (11) & (12)

City Subject Restrictions   Pensions: Pension benefits may not be reduced for members of state or local pension programs. Also, pension benefits are not subject to taxation. State laws governing teacher retirement systems may not be superseded by local laws. New York Constitution, Article V, §7 and Article XVI, §5 & New York Consolidated Laws, Municipal Home Rule, Article 2, § 11 General: In general, cities are prohibited from adopting a local law which supersedes state statute if that local law: Removes limits on debt/bond issuance Affects the "maintenance, support or administration" of the local educational system Affects courts required or provided by Article VI of the NY Constitution Affects certain aspects of the election law, labor laws, or housing laws Affects the state comptroller in relation to auditing/examination of municipal accounts or in relation to approving/disapproving the creation or extension of fire districts or special districts. Changes regulations on railroad crossings and terminal facilities Relates to the judicial review of civil service dismissals Makes property owners liable for poorly maintained sidewalks and gutters. New York Consolidated Laws, Municipal Home Rule, Article 2, § 11

Authority

Constitution

The New York Constitution does not address local initiative.

Statutes

Ballot Law Portal

Laws Governing Ballot Measures

The New York Consolidated Laws establish the local initiative process for city charter amendments.

See law: New York Consolidated Laws, Municipal Home Rule, Article 4, Part 2, §37

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

The top 10 most populated cities in New York are all governed under a charter. Initiative is available for charter amendments as provided above. New Rochelle City is the only one to have additional provisions for ordinance initiative petitions in its city charter.

Individual city provisions   New Rochelle Population according to the July, 2011 census update: 77,606 Charter city New Rochelle has provisions for initiative and referendum for any ordinance that does not authorize an issue of obligations, direct a local improvement, make a general tax levy, appropriate money or involve an expenditure other than one to be made from taxes to be levied for the fiscal year in which such expenditure is to be made. Petitions that are not excluded by these restrictions requires signatures equalling 10% of voters who registered for the last general election. If a petition is successful it goes to the legislature, which has thirty days to consider it. If the legislature does nothing with regard to the ordinance in question, it is considered approved. If they amend or reject the petition it may go to the ballot by request of the petitioners. New Rochelle Charter, Art. V

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, New York
• Counties in New York

External links

• Ballotpedia Research Document, Local Initiative in New York
• NY Department of State, Local Government Handbook, 6th Edition, 2009 (Reprinted 2011)
• NY Department of State, Revising City Charters in New York State, 1998 (Reprinted 2011)
• NY Department of State, Adopting and Amending County Charters, Revised 2009 (Reprinted 2011)
• New York Local Government Services, "What do Local Governments do?"