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A02922 Summary:

BILL NOA02922
 
SAME ASNo Same As
 
SPONSORZebrowski
 
COSPNSR
 
MLTSPNSR
 
Amd §§81, 91 & 85, Town L
 
Relates to town elections and permissive referendums.
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A02922 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2922
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Election Law
 
        AN ACT to amend the town law, in relation to town elections and  permis-
          sive referendums
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The opening paragraph and subdivision 4 of  section  81  of
     2  the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
     3  1984, are amended to read as follows:
     4    The town board may,  upon its own motion, cause to be submitted  at  a
     5  general  election, or a special or biennial town election and shall upon
     6  a petition, as hereinafter provided, cause to be submitted at [a special
     7  or biennial town] the next general election, unless such petition states
     8  that a special election be held a proposition:
     9    4. Such petition shall be subscribed and authenticated, in the  manner
    10  provided  by  the  election  law  for  the  authentication of nominating
    11  petitions, by electors of the town qualified to vote upon a  proposition
    12  to  raise  and expend money, in number equal to at least five per centum
    13  of the total votes cast for governor in said town at  the  last  general
    14  election  held for the election of state officers, but such number shall
    15  not be less than one hundred in a town of the first class nor less  than
    16  twenty-five  in  a town of the second class. If such a petition be filed
    17  in the office of the town clerk [not less than  sixty  days,  nor]  more
    18  than seventy-five days, prior to [a biennial town] the general election,
    19  the  proposition shall be submitted at such [biennial] general election.
    20  If a petition [be presented at any other time, a special election  shall
    21  be  called  to  be held not less than sixty days, nor more than seventy-
    22  five days after the filing of such petition] is filed in the  office  of
    23  the town clerk less than seventy-five days prior to the general election
    24  then  it  shall  be  submitted  at the general election in the following
    25  year. If a petition states that a  special  election  be  held  on  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06645-01-3

        A. 2922                             2
 
     1  proposition  then  it  shall be submitted at a special election held not
     2  less than sixty days, nor more than seventy-five days after  the  filing
     3  of such petition. The board of elections of a county may apportion costs
     4  under  this  section, as provided by subdivision two of section 4-136 of
     5  the election law.
     6    § 2. Section 91 of the town law, as amended by chapter 128 of the laws
     7  of 2020, is amended to read as follows:
     8    § 91. Referendum on petition. Any such resolution or act of  the  town
     9  board  as set forth in the preceding section shall not take effect until
    10  thirty days after its adoption; nor until approved  by  the  affirmative
    11  vote  of  a  majority of the qualified electors of such town or district
    12  affected, voting on such proposition, if within thirty  days  after  its
    13  adoption  there  be  filed  with  the  town clerk a petition signed, and
    14  acknowledged or proved, or authenticated by electors of the town  quali-
    15  fied  to  vote  upon  a proposition to raise and expend money, in number
    16  equal to at least five per centum of the total vote cast for governor in
    17  said town at the last general election held for the  election  of  state
    18  officers,  but which shall not be less than one hundred in a town of the
    19  first class nor less than twenty-five in a town  of  the  second  class,
    20  protesting  against  such  act  or  resolution and requesting that it be
    21  submitted to the qualified electors of the town  or  district  affected,
    22  for  their  approval  or disapproval. If such petition be so filed [not]
    23  more than one hundred five days [nor less than ninety days] prior to  [a
    24  biennial  town]  the general election, a proposition for the approval of
    25  such act or resolution shall be submitted at such [biennial town] gener-
    26  al election. If a petition be so filed [at any  other  time]  less  than
    27  seventy-five  days  prior to the general election, a proposition for the
    28  approval of such act or resolution shall be submitted at [a special town
    29  election to be held not less than ninety nor more than one hundred  five
    30  days  after  the  filing  of  such petition] the general election in the
    31  following year. If a petition states that  a special election be held on
    32  such proposition then it shall be submitted at a special  election  held
    33  not  less  than  sixty  days,  nor more than seventy-five days after the
    34  filing of such petition. The petition may be made upon  separate  sheets
    35  and  the  signatures  to each sheet shall be authenticated in the manner
    36  provided by the  election  law  for  the  authentication  of  nominating
    37  petitions.  The several sheets so signed and authenticated when fastened
    38  together and offered for filing shall be deemed to constitute one  peti-
    39  tion.  If, within five days after the filing of such petition, a written
    40  objection thereto be filed with the town clerk, and a verified  petition
    41  setting  forth  the objections be presented by the person so filing such
    42  objections to the supreme court or any justice thereof of  the  judicial
    43  district  in  which  such  town is located, such court or justice within
    44  twenty days shall determine any question  arising  thereunder  and  make
    45  such  order  as  justice may require. Such proceeding shall be heard and
    46  determined in the manner prescribed by section 16-116  of  the  election
    47  law.
    48    §  3. Subdivision 2 of section 85 of the town law, as amended by chap-
    49  ter 513 of the laws of 2022, is amended to read as follows:
    50    2. The ward system may be abolished upon the adoption of a proposition
    51  therefor at [any special or biennial town] the next general election. At
    52  the first biennial town election held at least one hundred  twenty  days
    53  after  the  adoption  of  a  proposition  to abolish the ward system for
    54  election of council members, the electors of the town shall  elect  one-
    55  half  of  the  total  number of town council members for the term of two
    56  years each and one-half of the total number of town council members  for

        A. 2922                             3
 
     1  the  term of four years each. At each biennial town election held there-
     2  after there shall be elected one-half of the total number of town  coun-
     3  cil members for the term of four years each. The terms of all such coun-
     4  cil  members shall begin on the first day of January next succeeding the
     5  date of their election.
     6    § 4. This act shall take effect on the first of January next  succeed-
     7  ing the date upon which it shall have become a law.
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