Bill Text: NY A00475 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to Eastchester fire district elections; follows provisions of election law instead of town law for elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to local governments [A00475 Detail]

Download: New_York-2019-A00475-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           475
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Local Governments
        AN  ACT to amend chapter 345 of the laws of 2013 relating to authorizing
          the Eastchester fire district, in the town of Eastchester,  county  of
          Westchester, to change the date of its annual election, in relation to
          following  certain provisions of the election law for Eastchester fire
          district elections
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Chapter 345 of the laws of 2013 relating to authorizing the
     2  Eastchester  fire  district, in the town of Eastchester, county of West-
     3  chester, to change the date of its annual election, is amended  to  read
     4  as follows:
     5    Section  1.  [Notwithstanding  the  provision  of  subdivision  one of
     6  section 175 of the town law  generally  requiring  holding  annual  fire
     7  district  elections on the second Tuesday in December, and notwithstand-
     8  ing the provision of subdivision 6  of  section  175  of  the  town  law
     9  related  to  the  number  of  electors  in  each  fire district election
    10  district:  the Eastchester fire district, in the  town  of  Eastchester,
    11  county of Westchester, whose boundaries only encompass the entire corpo-
    12  rate limits of the town of Eastchester and each village within such town
    13  and  where  the  only  eligible  electors of such fire district are also
    14  eligible electors of such town  and  villages,  shall  hold  its  annual
    15  election  on  the  Tuesday  next succeeding the first Monday in November
    16  provided that (i) such fire district election is held at  every  polling
    17  site as may be established by the Westchester county board of elections;
    18  (ii)  such fire district election districts are the same as the election
    19  districts as may be established  by  the  Westchester  county  board  of
    20  elections, such that an elector shall not be required to visit more than
    21  one  polling  site  on  such date; (iii) such fire district polls remain

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03714-01-9
        A. 475                              2

     1  open for the same hours as the polls  administered  by  the  Westchester
     2  county  board of elections; (iv) both of the Westchester county board of
     3  elections  commissioners  approve  in  writing  of  such  fire  district
     4  elections  being held in the same locations as the elections held on the
     5  Tuesday next succeeding the first Monday  in  November  administered  by
     6  such  board  of elections; and (v) the Eastchester fire district adheres
     7  to the provisions of section 175 of the town law that are not inconsist-
     8  ent with this act.] Notwithstanding the provisions of subdivisions 1, 2,
     9  4, 5 and 6 of section 175, sections 175-a, 175-b, and subdivisions 3, 6,
    10  7, 8 and 29 of section 176 of the town law pertaining to the annual fire
    11  district elections, the elections of the Eastchester fire  district,  in
    12  the  town  of  Eastchester, county of Westchester, whose boundaries only
    13  encompass the entire corporate limits of the  town  of  Eastchester  and
    14  each  village  within  such town and where the only eligible electors of
    15  such fire district are also eligible electors  of  such  town  shall  be
    16  governed  by the rules and procedures of articles 1, 3, 4, 5, 6, 7, 8, 9
    17  and 10 of the election law and shall take  place  on  the  Tuesday  next
    18  succeeding the first Monday in November.
    19    §  2.  Notwithstanding  the  provisions of section 179 of the town law
    20  authorizing fire districts to hold special elections to vote upon appro-
    21  priations, or any other law that would authorize  the  Eastchester  fire
    22  district  to  hold  a special election, all elections of the Eastchester
    23  fire district shall be held on the Tuesday  next  succeeding  the  first
    24  Monday in November in the manner provided for by this act.
    25    §  3. [Nothing in this act shall be construed to require the Westches-
    26  ter county board of elections to  authorize,  administer,  or  otherwise
    27  oversee the Eastchester fire district elections, provided, however, that
    28  such  county board of elections shall be authorized to provide technical
    29  assistance to such fire  district.]  Notwithstanding  subdivision  2  of
    30  section  6-142  of the election law with respect to nominating petitions
    31  and signatures, candidates for Eastchester fire district  offices  shall
    32  file  with  the Westchester county board of elections a nominating peti-
    33  tion subscribed by 25 voters of the Eastchester  fire  district  in  the
    34  form set forth by section 6-140 of the election law.
    35    §  4.  a.  Any vacancy in an elective office which exists on or before
    36  September nineteenth shall  be  filled  at  the  next  November  general
    37  election  held  thereafter,  for the remainder of the unexpired term and
    38  shall take office on January first of the following year. The  board  of
    39  fire  commissioners  of  the Eastchester fire district, or a majority of
    40  the members thereof in office may appoint a qualified person to  fill  a
    41  vacancy  until  December thirty-first after an election has been held to
    42  fill said vacancy.
    43    b. Whenever a vacancy  shall  occur  in  an  appointed  fire  district
    44  office,  the  Eastchester  Board of Fire Commissioners, or a majority of
    45  the members thereof in office may appoint a qualified person to fill the
    46  vacancy for the remainder of the unexpired term.
    47    § 5. The Eastchester fire district, at least eight months before  each
    48  general  election,  shall  make and transmit to the board of elections a
    49  certificate stating each Eastchester fire district office  to  be  voted
    50  for  at each such election. If any such office is for an unexpired term,
    51  the certificate shall so state.
    52    § 6. This act shall take effect immediately.
    53    § 2. This act shall take effect on the first of  May  next  succeeding
    54  the date on which it shall have become a law.