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.

Relates to town elections and permissive referendums

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