N.Y. Village Law § 3-312 Filling of Offices and Vacancies By Election Or Appointment

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 777
• Year: 2023
• Citation: N.Y. Village Law § 3-312

1. Elective offices shall be filled at the general village election next preceding the expiration of the terms thereof.

2. Appointive offices shall be filled at the annual meeting immediately following the expiration of the terms thereof or, in the case of newly established offices, at the time of the establishment thereof.

3. Vacancies in offices caused other than by expiration of the terms thereof shall be filled by the mayor, except the office of mayor which shall be filled by the board of trustees, to the extent and for the periods of time set forth herein:

a. In appointive offices for the balance of unexpired terms

b.In elective offices as follows:

(1) If such vacancy occurs at least seventy-five days prior to the third Tuesday of the month preceding the end of the current official year, for the balance of such year.

(2) If such vacancy occurs less than seventy-five days prior to the third Tuesday of the month preceding the end of the current official year, for the balance of the year and, if the term of office does not expire at the end of such year, by further appointment to the end of the next official year.

4. Elective offices, which have been filled by appointment for part of the unexpired terms thereof shall further be filled for the remaining part of such terms by election at the general village election, if any, regularly scheduled to be held prior to the end of the period of such appointment. In the event no general village election is scheduled, a special village election shall be held on the third Tuesday of the month preceding the end of the period of such appointment. Such special elections shall be noticed, held and conducted in the same manner as a general village election.