New York Election Law
Sec. § 15-106
Special Village Elections for Officers


1.

a. In a village where the rules of any party require that any nomination of candidates for village office by such party be made at a primary election, pursuant to this article;
(1)
Special village elections shall be held on the third Tuesday of the month preceding the end of the current official year in which no general village election is regularly scheduled, to fill a vacancy or vacancies in an office or offices occurring: (a) More than one hundred five days prior to such Tuesday; (b) Less than seventy-five days prior to the third Tuesday of the month preceding the end of the preceding official year;
(2)
Such primary election shall be waived, such party nomination or nominations made by the party caucus, and special village elections for officers held: (a) On the third Tuesday of the month preceding the end of the current official year in which no general village election is regularly scheduled, to fill a vacancy or vacancies in an office or offices occurring between seventy-five and one hundred five days, inclusive, prior to such Tuesday; (b) On a Tuesday as soon as practicable: (i) Whenever the day fixed by law for a general village election shall have passed and no election shall have been held thereon, but in no event on a day less than sixty-one nor more than ninety-five days after the day on which the official call for such special election is made by the board of trustees of the village, whether such official call is made before or after the day fixed by law for such general village election; (ii) Whenever the day fixed by law for a general village election shall have passed and any office or offices which should have been filled at such election shall have been omitted from the ballot therefor, but in no event on a day less than sixty-one nor more than ninety-five days after the day on which the official call for such special election is made by the board of trustees of the village, whether such official call is made before or after the day fixed by law for such general village election; or (iii) Whenever vacancies in the village’s board of trustees constitute a majority of the seats thereof, but in no event less than sixty-one nor more than ninety-five days after the day on which such vacancies first constitute such majority.

b.

In any other village, special village elections shall be held;
(1)
On the third Tuesday of the month preceding the end of the current official year in which no general village election is regularly scheduled to fill a vacancy or vacancies in an office or offices occurring: (a) At least seventy-five days prior to such Tuesday; (b) Less than seventy-five days prior to the third Tuesday of the month preceding the end of the preceding official year;
(2)
On a Tuesday as soon as practicable: (a) Whenever the day fixed by law for a general village election shall have passed and no election shall have been held thereon, but in no event on a day less than sixty-one nor more than ninety-five days after the day on which the official call for such election is made by the board of trustees of the village, whether such official call for such special election is made before or after the day fixed by law for such general village election; (b) Whenever the day fixed by law for a general village election shall have passed and any office or offices which should have been filled at such election shall have been omitted from the ballot therefor, but in no event on a day less than sixty-one nor more than ninety-five days after the day on which the official call for such special election is made by the board of trustees of the village, whether such official call is made before or after the day fixed by law for such general village election; or (c) Whenever vacancies in the village’s board of trustees constitute a majority of the seats thereof, but in no event on a day less than sixty-one nor more than ninety-five days after the day on which such vacancies first constitute such majority.

2.

Any officer elected at any such special village election shall fill the office to which elected for the remainder of the current term of such office, and shall enter upon the duties of such office at the end of the current official year, except that such officer shall enter upon the duties of such office immediately whenever:

a.

such office is then vacant or becomes vacant prior to the end of the current official year; or

b.

such special election is held after the end of any official year during which a general village election was scheduled to be held but was not held; or

c.

such special election is held after the end of any official year to fill a vacancy in an office that was to be filled at the preceding general election but was omitted from the ballot therefor.

3.

Except as herein otherwise provided, no such election shall be held either in the month of, or in the month prior to, a regularly scheduled general village election.

4.

Notice of a special village election for officers shall be given in the same manner as for a general village election. If the offices of all trustees and mayor are vacant the notice shall be given by the village clerk. If the office of village clerk is also vacant the election shall be held at the call of, and noticed by, at least twenty-five residents qualified to vote for village office.
Source
Last accessed
Dec. 13, 2016