148 N.Y. 677 (1896)

The election of a public officer occurs when the electoral body expresses its choice by voting, not when the result is officially declared; therefore, laws enacted after voting but before the official declaration of results do not retroactively alter the term of office for that election.

Summary

This case addresses a dispute over the term length of a town clerk in Watervliet, NY. The relator, LeRoy, was elected town clerk, but a new law extending the term of town clerks from one to two years was enacted between the time of voting and the official declaration of the election results. The court had to determine whether the new law applied to LeRoy’s election, thus extending his term. The court held that the election occurred when the votes were cast, prior to the law’s enactment. Therefore, the new law did not apply retroactively to extend LeRoy’s term, which remained one year.

Facts

The town of Watervliet held elections for town officers on April 10, 1893. On April 11, 1893, the governor signed a law amending the Town Law, extending the term of town clerks to two years. The official declaration of the election results occurred on April 16, 1893, showing that LeRoy was elected town clerk. The defendant, Foley, took possession of the office after being elected at the town meeting in April 1894. LeRoy argued that the law extending the term of town clerks to two years was in effect when he was elected and, therefore, Foley’s election was invalid.

Procedural History

The Attorney General brought an action in the nature of quo warranto to oust Foley from the office, arguing that LeRoy’s term was for two years due to the new statute. The lower court dismissed the complaint. This appeal followed, challenging the dismissal.

Issue(s)

1. Whether the amendment to the Town Law, extending the term of town clerks, applied retroactively to the election of LeRoy, whose votes were cast before the law’s enactment but whose election was declared afterward.

Holding

1. No, because the election of a public officer occurs when the electoral body expresses its choice by voting, not when the results are officially declared; therefore, the amendment extending the term of office does not apply retroactively to the relator’s election.

Court’s Reasoning

The court reasoned that the election occurred on April 10, 1893, when the electors cast their votes. The amendment, signed on April 11, 1893, was deemed to be prospective in nature and did not retroactively affect the term of an officer for whom votes were cast before the amendment took effect. The court stated, “The election of a public officer must be referred to the day upon which the electoral body, in which the right of selection resides, expresses its choice by voting for candidates for the office, and not to some subsequent day when the result is declared.” The act of canvassing votes is ministerial, but the essential act of voting determines the election. Applying the amendment retroactively would effectively extend LeRoy’s term, which the court deemed an unconstitutional exercise of power akin to an appointment by the legislature. The court emphasized that while the legislature can enlarge official terms, such changes can only affect officers elected after the change takes effect. The court cited People ex rel. Lord v. Crooks, 53 N. Y. 648; People ex rel. Williamson v. McKinney, 52 N. Y. 374; People ex rel. Fowler v. Bull, 46 N. Y. 57 in support of this reasoning.