Bill Text: NY A02116 | 2011-2012 | General Assembly | Introduced
Bill Title: Makes technical corrections to the town law replacing the ward system of election of council members with a council district system of election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-01-23 - REFERRED TO LOCAL GOVERNMENT [A02116 Detail]
Download: New_York-2011-A02116-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2116
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
___________
Introduced by M. of A. McENENY -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the town law, in relation to a council district system
for election of council members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 2 of section 81 of the town
2 law, as amended by chapter 751 of the laws of 1933, is amended to read
3 as follows:
4 (b) To establish or abolish the [ward] COUNCIL DISTRICT system for the
5 election of councilmen in towns having four or six councilmen.
6 S 2. Section 85 of the town law is amended to read as follows:
7 S 85. [Ward] COUNCIL DISTRICT system for election of councilmen. 1.
8 Whenever a proposition shall have been adopted in a town of the first
9 class for the establishment of the [ward] COUNCIL DISTRICT system and
10 the election thereafter of one councilman from each [ward] COUNCIL
11 DISTRICT, the board of elections of the county in which such town is
12 situate shall divide the town into four [wards] COUNCIL DISTRICTS and
13 fix the boundaries thereof, unless a proposition shall have been adopted
14 to increase the number of councilmen from four to six, in which
15 instance, the board of elections shall divide the town into six [wards]
16 COUNCIL DISTRICTS and fix the boundaries thereof. In so dividing the
17 town into [wards] COUNCIL DISTRICTS, no town election district shall be
18 divided and no election district thereafter created under the election
19 law shall contain parts of two or more [wards] COUNCIL DISTRICTS. So
20 far as possible the division shall be so made that the number of voters
21 in each [ward] COUNCIL DISTRICT shall be approximately equal. When the
22 board of elections shall have finally determined the boundaries of the
23 [wards] COUNCIL DISTRICTS, they shall cause a map of the town to be
24 prepared showing in detail the location of each [ward] COUNCIL DISTRICT
25 and the boundaries thereof. The original map so made shall be filed in
26 the office of the town clerk and copies thereof shall be filed in the
27 offices of the county clerk and the board of elections of the county.
28 The [ward] COUNCIL DISTRICT system shall be deemed established after
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01643-01-1
A. 2116 2
1 such filing is complete. After a [ward] COUNCIL DISTRICT system shall
2 have been so established, the term of office of every town councilman
3 shall terminate on the thirty-first day of December next succeeding the
4 first biennial town election held not less than one hundred twenty days
5 after the establishment of such [ward] COUNCIL DISTRICT system, and at
6 such biennial town election, and every biennial town election thereaft-
7 er, one resident elector of each [ward] COUNCIL DISTRICT shall be
8 elected as councilman therefrom for a term of two years beginning on the
9 first day of January next succeeding such election.
10 2. The [ward] COUNCIL DISTRICT system may be abolished upon the
11 adoption of a proposition therefor at any special or biennial town
12 election. At the first biennial town election held at least one hundred
13 twenty days after the adoption of a proposition to abolish the [ward]
14 COUNCIL DISTRICT system for election of councilmen, the electors of the
15 town shall elect one-half of the total number of town councilmen for the
16 term of two years each and one-half of the total number of town council-
17 men for the term of four years each. At each biennial town election held
18 thereafter there shall be elected one-half of the total number of town
19 councilmen for the term of four years each. The terms of all such coun-
20 cilmen shall begin on the first day of January next succeeding the date
21 of their election.
22 S 3. Subdivisions 1 and 2 of section 87 of the town law, as amended by
23 chapter 374 of the laws of 1940, are amended to read as follows:
24 1. Whenever a proposition shall have been adopted in a town of the
25 first class which shall not have established the [ward] COUNCIL DISTRICT
26 system, to increase the number of councilmen from four to six, party
27 nominations for town councilmen may be made and designating petitions
28 filed and four town councilmen shall be elected at the first biennial
29 town election held at least one hundred fifty days thereafter, three for
30 a term of four years each and one for a term of two years and thereafter
31 at each biennial town election in such town there shall be elected three
32 town councilmen for the term of four years each, in the same manner as
33 other elective town officers in such town. The term of office of each
34 such councilman shall begin on the first day of January next succeeding
35 the election at which he was elected.
36 2. Whenever a proposition shall have been adopted in a town of the
37 first class which shall not have established the [ward] COUNCIL DISTRICT
38 system, to increase the number of councilmen from two to four, party
39 nominations for town councilmen may be made and designating petitions
40 filed and three town councilmen shall be elected at the first biennial
41 town election held at least one hundred fifty days thereafter, two for
42 terms of four years each and one for a term of two years, and thereafter
43 at each biennial town election in such town, there shall be elected two
44 town councilmen for terms of four years each, in the same manner as
45 other elective town officers in such town. The term of office of each
46 such town councilman shall begin on the first day of January next
47 succeeding the election at which he was elected.
48 S 4. Subdivision 13 of section 341 of the town law, as added by chap-
49 ter 751 of the laws of 1933, is amended to read as follows:
50 13. Not later than June fifteenth, nineteen hundred thirty-three, the
51 town board of any town containing a population of ten thousand or more
52 as shown by the latest federal census, excepting towns in Broome and
53 Suffolk counties, and of any other town which shall determine by any of
54 the methods prescribed by subdivision one of this section to be a town
55 of the first class, may adopt a resolution to establish the [ward] COUN-
56 CIL DISTRICT system for the election of councilmen for such town, which
A. 2116 3
1 resolution shall be subjected to referendum as herein provided. Within
2 four days after the adoption of such resolution, the town clerk shall
3 cause copies thereof to be posted in ten public places in the town, with
4 a statement of the date of its adoption. Within fourteen days after the
5 adoption of such resolution, a petition may be filed requiring such
6 resolution be submitted to the electors of the town, for their approval.
7 The form of question to be submitted thereon shall be "Shall the resol-
8 ution of the town board of the town of ............. , establishing the
9 [ward] COUNCIL DISTRICT system for the election of town councilmen, be
10 approved?" If no such resolution shall have been adopted within the time
11 above provided, a petition may be filed not later than June twenty-
12 ninth, nineteen hundred thirty-three, requiring the submission to such
13 electors of the proposition "Shall the [ward] COUNCIL DISTRICT system be
14 established for the election of town councilmen?" A petition for any of
15 the above purposes shall be filed with the town clerk, and shall be
16 signed and duly acknowledged by at least one hundred electors of the
17 town. The question or proposition for which a petition shall have been
18 filed shall be submitted by the town board at a special town meeting to
19 be held at a time, not later than August first, nineteen hundred thir-
20 ty-three, and at such place or places in the town as may be fixed by the
21 town board. Notice of the election shall be given, such meeting held and
22 the votes canvassed and result certified and returned in the manner
23 provided by provisions of [the town law] THIS CHAPTER relating to
24 special town meetings as in force immediately prior to the taking effect
25 of this section. Every elector of the town shall be entitled to vote at
26 such meeting. If the town board shall have adopted such a resolution and
27 no petition shall have been filed, within the time above provided, for a
28 referendum thereon, or if a majority of the votes cast on any proposi-
29 tion or question submitted as herein provided be in the affirmative, the
30 board of elections of the county in which such town is situate shall
31 forthwith divide the town into four [wards] COUNCIL DISTRICTS and fix
32 the boundaries thereof. In so dividing the town into [wards] COUNCIL
33 DISTRICTS, no town election district shall be divided and no election
34 district shall contain parts of two or more [wards] COUNCIL DISTRICTS.
35 So far as possible the division shall be so made that the number of
36 votes in each [ward] COUNCIL DISTRICT shall be approximately equal. When
37 the board of elections shall have finally determined the boundaries of
38 the [wards] COUNCIL DISTRICTS, the board shall cause a map of the town
39 to be prepared showing in detail the location of each [ward] COUNCIL
40 DISTRICT and the boundaries thereof. The original map so made shall be
41 filed in the office of the town clerk and copies thereof shall be filed
42 in the offices of the county clerk and the board of elections of the
43 county. The [ward] COUNCIL DISTRICT system shall be deemed established
44 after such filing is complete. Party nominations shall be made, desig-
45 nating petitions filed and one resident elector of each [ward] COUNCIL
46 DISTRICT shall be elected as councilman therefrom for a term of two
47 years beginning on the first day of January next succeeding such
48 election, at the biennial town meeting in the year nineteen hundred
49 thirty-three, and biennially thereafter, in the same manner as other
50 elective town officers in such town.
51 S 5. Nothing in this act shall affect the manner of election, appoint-
52 ment, tenure or term of office, removal or salary or compensation of any
53 councilman elected prior to the effective date of this act under the
54 ward system for election of councilmen as provided in sections 81, 85,
55 87 and 341 of the town law.
56 S 6. This act shall take effect immediately.
