HB2782 H GO AM #1
Wiseman 3383
The Committee on Government Organization moved to amend the bill on page 1 by striking everything after the enacting clause and inserting in lieu thereof the following:
(a) General elections shall be held in the several election precincts of the state on the Tuesday next after the first Monday in November of each even year. Primary and special elections shall be held on the days provided by law therefor: Provided, That beginning July 1, 2022 2026, all local municipal elections may shall be held concurrently with a regularly scheduled statewide primary or general election. In exercising this right, a municipality may negotiate an agreement with the county commission to establish the election date, election officials, registration books to be used, and other matters pertaining to changing the municipal election to be held on the same day as a regularly scheduled statewide primary or general election: Provided, however, That a municipality which enters into an agreement with a county commission to hold elections at the same time as a regularly scheduled statewide primary or general election day pursuant to §8-5-5 of this code shall share in the administrative costs of holding the election, Each municipality shall share in the costs for holding the election, but which costs shall not exceed the municipality’s pro rata share of voters registered in the municipality compared with the total voters registered in the county: Provided further, That the municipality shall also comply with the requirements of §8-5-5 of this code regarding an agreement with the county regarding use of county election officials in municipal elections for holding the municipal election at a regularly scheduled primary or general election, or both, in accordance with a municipal charter, if any.
(b) At every primary, general, or special election the polls shall be opened in each precinct on the day of the election at 6:30 in the morning and be closed at 7:30 in the evening.
(a) After the first election of officers of a city, town, or village, the regular election of officers shall be held on the second Tuesday in June of the appropriate year, unless otherwise provided in the charter of the city or the special legislative charters of the towns or villages.
(b) A municipal election date established by a charter provision may fall on the same day as a regularly scheduled statewide primary or general election only when the voting precinct boundaries in the municipality coincide with the voting precinct boundaries established by the county commission or when the charter provides for separate registration books. If a municipal election falls on the same day as a regularly scheduled statewide primary or general election, the municipality and county may agree to use the county election officials in the municipal elections, if practicable, or the municipality may provide for separate election officials.
(c) A municipal election date established by charter provision may fall within 25 days of a regularly scheduled statewide primary or general election only where separate registration books are provided and maintained for the municipal election.
(d) Any municipality which establishes its election date by charter provision must comply with the provisions of this section or the election date shall be the second Tuesday of June. The language of this section may not be construed to prevent any city, town, or village from amending the provisions of its charter or special legislative charter, to provide that its municipal election be held on some day other than the second Tuesday in June.
(e) Officers of a city may be elected for a four-year term at the same election at which a proposed charter, proposed charter revision, or charter amendment providing for four-year terms is voted upon. The ballots or ballot labels used for the election of officers must indicate that the officers shall be elected for four-year terms if the proposed charter, revision or amendment is approved. Officers of a town or village may be elected for a four-year term upon approval by a majority of the legal votes cast at a regular municipal election of a proposition calling for four-year terms. The ballots or ballot labels used for the election of officers must indicate that the officers shall be elected for four-year terms if the proposition is approved.
(f) Municipalities are authorized to stagger and/or change the terms of elected municipal officers. Prior to any changes being made to the terms of elected municipal officers, the procedure to stagger and/or change the terms shall be set by ordinance and must be approved by a majority of the voters.
(g) Beginning on July 1, 2022, any municipality that has not previously adopted a municipal charter may pass an ordinance that establishes a new municipal election day upon agreement with its county commission to hold any local elections, including the regular election of local officers, municipal bond elections, and municipal levy elections, on the same day as a regularly scheduled statewide primary or general election. The municipality shall publish notice of the public meeting during which the proposed ordinance shall be considered by the municipal governing body via Class II-0 legal advertisement in a publication area sufficient to reach a majority of the municipal residents, which notice shall include the public meeting date, time, and location, any proposed extension or reduction of terms of office pursuant to paragraph (f) of this section, and the proposed election day change.
(h) The ordinance proposed pursuant to paragraph (g) of this section may call for an extension or reduction of the terms of office for the purpose of aligning the terms to coincide with the same date as a regularly scheduled statewide primary or general election day, which question shall be resolved by majority vote of the participating voters in the county: Provided, That the governing body shall not propose an extension of the terms of those offices by more than 18 months: Provided, however, That nothing in this section modifies a municipality’s authority to reduce current elected officials’ terms of office in any other manner provided by law.
(i) A municipality which enters into an agreement with the county commission to hold elections at the same time as a regularly scheduled statewide primary or general election day pursuant to this section is required to share in the administrative costs of holding the election, but which costs shall not exceed the municipality’s pro rata share of voters registered in the municipality compared with the total voters registered in the county.
(a) By July 1, 2026, all local municipal elections—primary, general, or special—shall be held concurrently with a regularly scheduled statewide primary or general election: Provided, That a municipality may hold a special election on a date that is not concurrent with a regularly scheduled statewide primary or general election if expressly authorized by another provision of this code.
(b) By July 1, 2026, the governing body of each municipality shall enter into a written agreement with the county commission for holding municipal elections concurrently with regularly scheduled statewide primary or general election that include but are not limited to the following items:
(1) Determining the election day for each municipality to be held concurrently with a regularly scheduled statewide primary or general election, or both, as provided by municipal charter or ordinance as the case may be;
(2) Establishing a timeline for identifying and altering any county or municipal precinct boundaries in accordance with §3-1-5, §3-1-6, and §3-1-7 of this code, to ensure municipal boundaries and any wards or other municipal political districts are accurately respected and reflected by the county precinct boundaries: Provided, That in the case of a municipality whose municipal boundary or wards or other municipal political districts cannot be respected or reflected by the county precinct boundaries, the county and municipality shall establish roles and responsibilities for coordinating the production and use of separate municipal poll books to be used in all county precincts where any municipal ballot is available for registered voters eligible to participate in a municipal election; and
(3) Any other roles or responsibilities of the county and municipality that are necessary for ensuring the county’s efficient and lawful administration of an election under this section.
(c) Officers of a city may be elected for a four-year term at the same election at which a proposed charter, proposed charter revision, or charter amendment providing for four-year terms is voted upon. The ballots or ballot labels used for the election of officers must indicate that the officers shall be elected for four-year terms if the proposed charter, revision, or amendment is approved. Officers of a town or village may be elected for a four-year term upon approval by a majority of the legal votes cast at a regular municipal election of a proposition calling for four-year terms. The ballots or ballot labels used for the election of officers must indicate that the officers shall be elected for four-year terms if the proposition is approved.
(d) Municipalities are authorized to stagger and/or change the terms of elected municipal officers. Prior to any changes being made to the terms of elected municipal officers, the procedure to stagger and/or change the terms shall be set by ordinance and must be approved by a majority of the voters.
(e) By July 1, 2026, every municipality that has not previously adopted a municipal charter shall pass an ordinance that establishes when local elections, including the regular election of local officers, municipal bond elections, and municipal levy elections, shall be administered by the county on the same day as a regularly scheduled statewide primary or general election. The municipality shall publish notice of the public meeting during which the proposed ordinance shall be considered by the municipal governing body via Class II-0 legal advertisement in a publication area sufficient to reach a majority of the municipal residents, which notice shall include the public meeting date, time, and location, any proposed extension or reduction of terms of office pursuant to paragraph (d) of this section, and the proposed election day change: Provided, That at the public hearing the governing body of the municipality shall consider public input only pertaining to choosing to hold the municipal election at a regularly scheduled statewide primary or general election, or both as the case may be.
(f) The ordinance proposed pursuant to paragraph (e) of this section may call for an extension or reduction of the terms of office for the purpose of aligning the terms to coincide with the same date as a regularly scheduled statewide primary or general election day, which question shall be resolved by majority vote of the participating voters in the municipality: Provided, That the governing body may not propose an extension of the terms of those offices by more than 18 months, nor may any extension be made effective to extend the term of office of any current elected official: Provided, however, That nothing in this section modifies a municipality’s authority to reduce current elected officials’ terms of office in any other manner provided by law.
(g) All municipalities shall share in the administrative costs of holding the election, but which costs shall not exceed the municipality’s pro rata share of voters registered in the municipality compared with the total voters registered in the county.
Beginning July 1, 2026, The the charter of every city framed and adopted or revised as a whole under the provisions of article three or article four of this chapter, as the case may be, shall which provide a different method and time for the filing of certificates of candidacy, nominating candidates, conducting primary and regular municipal elections, and determining and certifying the results of such elections. Except as otherwise provided in the charter of any municipality, shall be superseded by the provisions of general law §3-1-1 et seq. of this code with respect to the method and time for the filing of certificates of candidacy, nominating candidates, conducting primary and regular municipal elections, where applicable, and determining and certifying the results of such elections. so far as applicable, shall apply to municipal elections: Provided, That the provisions of section thirteen of this article shall be construed as mandatory.
Except as otherwise provided by charter provision or ordinance or this code, municipal executive committees shall exercise similar functions and be governed by the same laws in regard to municipal primary elections and regular municipal elections as county executive committees in regard to county-state primary and general elections, so far as the same may be applicable. All expenses of conducting municipal primary elections and regular municipal elections shall be paid by the municipality. A municipality which holds an election at the same time as a regularly scheduled statewide primary or general election day pursuant to §8-5-5 of this code shall share in the administrative costs of holding the election: Provided, That the municipality’s costs shall not exceed the municipality’s pro rata share of voters registered in the municipality compared with the total voters registered in the county: Provided, however, That the municipality shall also comply with the requirements of §8-5-5 of this code regarding an agreement with the county regarding the administration of the municipal election. The provisions of chapter three §3-1-1 et seq. of this code, referring more particularly to primary elections and general elections, shall, so far as the same can be applied and so far as not otherwise provided by charter provision or ordinance, govern the conduct of municipal primary elections and regular municipal elections, as the case may be. No municipal primary election shall be held on the day of the county-state primary election except as provided in section five of this article nor less than twenty-five days immediately preceding the regular municipal election, unless a shorter period of time is established by charter or ordinance.
NOTE: The purpose of this bill is to require that municipal elections be held concurrently with regularly scheduled primary or general elections. The bill also provides for an exception and requires municipalities to work with counties to implement the bill’s requirements.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
Adopted
Rejected