Laws governing local ballot measures in New York
This page describes the state constitutional provisions and statutes that govern local ballot measures in New York. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.
- Laws addressing local ballot measure powers in New York
- General requirements for local ballot measures
- Rules for citizen-initiated local ballot measures
- Rules for referred local ballot measures
Law
The New York Constitution and New York Statutes establish the rules that govern local ballot measures in the state.
- Constitution:
- Statute:
General
The following outlines the general rules that govern local ballot measures in New York, including both citizen-initiated measures and referred measures from local government bodies.
- Vote requirements: Most local ballot measures require a simple majority vote.[1]
- Required ballot measures: New York state law requires voter approval for:[1]
- The adoption or amendment of city charters.
- Certain changes to the structure or powers of local governments.
- Changes to elective offices, such as term limits or number of officials.
- Altering public utility franchise powers.
- Local general obligation bonds.
- Certain capital expenditures by school districts.
- Election timing: Local ballot measures must be submitted at the next general election, the next regularly scheduled municipal election, or a special election if authorized by local statute or charter.[1]
Initiatives
New York state law provides for an indirect initiative process for charter amendments, as well as a process for veto referendums.
- Authority: Under New York statute, 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. For veto amendments, voters in a local jurisdiction can file a petition for a veto referendum on a local law before it takes effect. Under MHR § 24, this includes changes to property taxes, local government reorganizations, and local laws that relate to finances or governance.[1]
- Signatures A signature requirement for veto referendums is 10% of total votes cast for governor in the last gubernatorial election in that jurisdiction, or 30,000 signatures, whichever is less. 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).[1]
- Deadlines: Signatures must be filed within 45 days after the local law is adopted. If enough valid signatures are found, the veto referendum must be placed on the next general election ballot, or, depending on the rules of that jurisdiction, the next municipal election or special election.[1]
Referrals
The following outlines additional rules that govern local referred ballot measures in New York.
- Authority: Under New York law, there are certain issues that must be approved by voters, including charter amendments, changes in elective office structure, franchise approvals, local government reorganizations, and certain tax, debt, or bond actions.[1]
- Deadlines: The election must be held within 60 days after the legislative adoption of the measure by the local governing body.[1]
- School districts: 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.[1]
Laws governing local ballot measures in the U.S.
Laws governing local ballot measures in the United States
As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.
See also
- Laws governing local ballot measures
- Laws governing ballot measures in New York
- Local ballot measures, New York
- Counties in New York
Footnotes
