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New York Consolidated Laws

N.Y. Town Law § 80 (2026)

Biennial town elections

✓ current as of May 2026
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§ 80. Biennial town elections. Notwithstanding any provision of any
general, special or local law, charter, code, ordinance, resolution,
rule or regulation to the contrary, a biennial town election for the
election of town officers, other than town justices or any town office
with a three-year term prior to January first, two thousand twenty-five,
and for the consideration of such questions as may be proposed by the
town board or the duly qualified electors, pursuant to the provisions of
this chapter, shall be held on the Tuesday next succeeding the first
Monday in November of every even-numbered year. All other town elections
are special elections. A town election or special town election held
pursuant to this chapter, shall be construed as a substitute, for a town
meeting or a special town meeting heretofore provided to be held by law,
and a reference in any law to a town meeting or special town meeting
shall be construed as referring to a town election or special town
election. Any town completely coterminous with a village shall continue
to elect its officers, including town justices, in odd-numbered years if
both such village and town last held such elections in an odd-numbered
year prior to January first, two thousand twenty-five.
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1998–2025 · leading case: Munnelly v. Newkirk, 262 A.D.2d 781 (N.Y. App. Div. 1999).
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Munnelly v. Newkirk, 262 A.D.2d 781 (N.Y. App. Div. 1999). “Additionally, neither the statutory provision for biennial, odd-numbered-year- town elections for town officers (see, Town Law § 80) nor the common practice of staggering the terms of Town Justices overrides the constitutional four-year term (compare, NY Const, art XIII, § 8…”
Kerner v. Town of Clifton Park, 178 Misc. 2d 845 (N.Y. Sup. Ct. 1998). “Town Law § 80 defines “[b]iennial town elections” as those held in “every odd-numbered year”.”
Matter of Long v. Town of Caroga, 2023 NY Slip Op 04352 (N.Y. App. Div. 2023). “Because the electorate should not be disenfranchised due to judicial delay, we direct the Town Clerk to immediately transmit to the Fulton County Board of Elections, for submission to the electorate at the next biennial town election to be held on November 7, 2023 ( see Town Law…”
Cnty. of Onondaga v. State of New York, 2025 NY Slip Op 02818 (N.Y. App. Div. 2025). “Exceptions were made for the offices of town justice, sheriff, county clerk, district attorney, family court judge, county court judge, and surrogate court judge — each of which has a term of office provided in the New York Constitution ( see NY Const, art VI, §§ 10 [b]; 12 [c];…”
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