Pending NYS law to replace "councilman" with council member on ballots

ELIZABETHTOWN | Women running for office in small towns and villages throughout New York State may no longer have to be named "councilman" on ballots or election petitions. Legislation in Assembly Bill A8272A clarifies the designation as "council member." A measure to update the language was approved by the New York State Assembly in January with all but two members in favor. Assemblyman D. Billy Jones (D-Chateaugay) co-sponsored the bill. The NY Senate companion Bill S7389 passed by unanimous vote on May 18. The bill would become law pending signature by Gov. Kathy Hochul. The law requires municipalities to "replace all instances of the words councilman or councilmen with council member or council members." The outdated language was last revised in 1964, according to context given in the bill. The use of the term "councilman" and "councilmen" affected only "second class" municipalities, which are defined in the law as towns or villages with a population less than 10,000. "First class" municipalities, which are towns and cities with a population at or above 10,000, were required to use the word council member or council members on ballots and on petitions to run for office. Historian and Essex County Democratic Committee Chair Margaret Bartley, of Elizabethtown, found the odd language in the law last summer. "Every two years all towns in New York State hold elections for town offices. One of the most important offices is that of the Town Council," Bartley said in her appeal to lawmakers. "But In New York Town Law, Article 3, section 20, towns were given specific language to use for elections: 'Section 1.a Every town of the first class shall have a supervisor, four town council members...' And '1.b Every town of the second class shall have a supervisor, two justices of the peace, two town councilmen ...' "This variation in the title of a member of the Town Council may have been unintended," Bartley wrote, "but nevertheless it sets a tone and insinuates that the person running for the office in a town of the second class will be male." There are over 900 towns and villages with populations below 10,000 in New York State, Bartley said. She sought senate and assembly sponsors, requesting review to correct the deficiency. Sen. Samra G. Brouk (D-Rochester) prepared the bill for the Senate. And Assemblywoman Carrie Woerner (D-Saratoga Springs) wrote and brought the measure to the Assembly. It was co-sponsored by Assemblyman Jones (D-Chateaugay) and 25 additional members. Bartley said ballots in Essex County have had to follow this law even when women run for Town Council. Formal designation as "councilwoman" could only apply after a woman won the election, Bartley said. "The only way to correct this bias is to change the language of Article 3, Section 20, 1.b to the gender-neutral term council member as is used in towns of the first class." Historically New York has been a leader in Women's Rights and equality, Bartley told the Sun. "Changing the language of this and all other state laws with similar language would send a message about equality in our state government and further strengthen our electoral Democracy." Bartley said she asked lawmakers if there was a reason why the language was still in the books. "Nobody could defend it," she said. She said she also spoke with counsel at the New York State League of Women Voters. "They had changed similar language in the state constitution about 15 years ago, but it was not changed in the laws." The reason for use of different language in "first class" versus "second class" municipalities was also not clear, Bartley said. The two members of the New York State Assembly who voted against updating the language were Michael J. Fitzpatrick (R-Smithtown) in Suffolk County and Brian Manktelow (R-Lyons) from Wayne County. The Sun called their offices in Albany asking why they voted against the measure, but neither offered a response. The legal change affects general city law; general municipal law; the public authorities law; real property law; town law and village law in New York. As of May 31, Gov. Hochul had not signed the law with the 2022 session set to close before the second week in June.

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Pending NYS law to replace "councilman" with council member on ballots

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