STATE OF NEW YORK
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10335
IN ASSEMBLY
May 22, 2012
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Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Libraries and Education Technology
AN ACT to amend chapter 97 of the laws of 2001, establishing two public
library districts, in relation to changing the poll hours for the
Staatsburg library district
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4 of chapter 97 of the laws of 2001 establishing
2 two public library districts is amended to read as follows:
3 § 4. Election; Staatsburg library district. 1. Upon receipt of a
4 petition signed by not less than twenty-five voters qualified to vote in
5 the Staatsburg library district at a general town election from such
6 public library district hereby created requesting such an election, the
7 board of trustees of the Staatsburg library society shall give notice of
8 an election to be conducted on the second Thursday in September of 2001.
9 At such election the issues shall be:
10 a. whether the public library district herein described shall be
11 created or not;
12 b. whether the budget therefor proposed by such board of trustees
13 shall be approved or disapproved; and
14 c. the election of two trustees. The Staatsburg library society shall
15 give notice of such election by the publication of a notice in one or
16 more newspapers having a general circulation in the district to be
17 served. The first publication of such notice shall be not less than
18 thirteen days and not more than twenty days prior to the date of such
19 election. In addition, the board of trustees of the Staatsburg library
20 society shall cause copies of such notice to be posted conspicuously in
21 five public places in the district at least thirteen days prior to the
22 date of such election. Such notice shall specify the time when and the
23 place where such election will be held, the issues to be decided at such
24 election and the hours during which the polls will be open for receipt
25 of ballots. The board of trustees of the Staatsburg library society
26 shall prepare the ballots for such elections and the polls shall remain
27 open for the receipt thereof at all elections from [seven] two o'clock
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15932-01-2
A. 10335 2
1 p.m. until [ten] nine o'clock p.m., and such additional consecutive
2 hours prior thereto as the board of trustees of the Staatsburg library
3 society may have determined and specified in the notice thereof. The
4 board of trustees shall designate a resident taxpayer of the town of
5 Hyde Park to act as chairman of any election of such district and shall
6 designate not less than two nor more than four resident taxpayers to act
7 as election inspectors and ballot clerks at such election. No trustee
8 shall serve as such chairman or as an election inspector or ballot
9 clerk. The board of trustees may adopt a resolution providing that such
10 chairman, election inspectors and ballot clerks shall be paid for their
11 respective services at the initial election. At any annual or special
12 election after the creation of such library district, the board of trus-
13 tees of the Staatsburg library district, as the case may be, may adopt a
14 resolution providing that the chairman, election inspectors and ballot
15 clerks at the election shall be paid for their respective services.
16 Such resolution, if adopted, may fix reasonable compensation for the
17 services of each such official. Every voter of the library district
18 otherwise qualified to vote at a general town election in the town of
19 Hyde Park shall be qualified to vote at the initial election. After the
20 polls have been closed at such election, the election inspectors and
21 ballot clerks shall immediately canvas publicly the ballots cast and the
22 chairman of the election shall publicly announce the result. Within
23 seventy-two hours thereafter, the chairman, election inspectors and
24 ballot clerks shall execute and file a certificate of the result of the
25 canvas with the board of trustees and with the town clerk of the town of
26 Hyde Park.
27 2. In the event that the Staatsburg library district is created, then
28 there shall be an annual election conducted by the board of trustees in
29 accordance with the provisions of subdivision one of this section at a
30 time to be set by such board, at which election vacancies on the board
31 of trustees shall be filled and at which any proposed budget which the
32 board shall determine to submit to the voters pursuant to section six of
33 this act shall be submitted to the voters.
34 3. Candidates for the office of member of the board of trustees shall
35 be nominated by petition. No vacancy upon the board of trustees to be
36 filled shall be considered a separate specific office. A separate peti-
37 tion shall be required to nominate each candidate for a vacancy on the
38 board. Each petition shall be directed to the secretary of the district,
39 shall be signed by at least twenty-five qualified voters of the
40 district, or two percent of the voters who voted in the previous annual
41 election of the members of the board of trustees, whichever is greater,
42 (such number to be determined by the number of persons recorded on the
43 poll list as having voted at such election) shall state the residence of
44 each signer, and shall state the name and residence of the candidate. In
45 the event that any such nominee shall withdraw his candidacy prior to
46 the election, such person shall not be considered a candidate unless a
47 new petition nominating such person in the same manner and within the
48 same time limitations applicable to other candidates is filed with the
49 secretary of the district. Each petition shall be filed in the office of
50 the secretary of the district between the hours of nine o'clock a.m. and
51 five o'clock p.m., not later than the thirtieth day preceding the meet-
52 ing or election at which the candidates nominated are to be elected.
53 4. At any election in such district, the voters may adopt a proposi-
54 tion providing that, in all subsequent elections, vacancies upon the
55 board of trustees shall be considered separate specific offices and that
56 the nominating petitions shall describe the specific vacancy upon the
A. 10335 3
1 board of trustees for which the candidate is nominated, which
2 description shall include at least the length of the term of office and
3 the name of the last incumbent, if any. No person shall be nominated for
4 more than one specific office. Such procedure shall be followed with
5 respect to all nominations and elections in subsequent years until and
6 unless such proposition is repealed by the electors of the district at a
7 regular election by the adoption of a proposition to repeal the same.
8 § 2. This act shall take effect immediately.