Bill Text: NY A05966 | 2015-2016 | General Assembly | Amended


Bill Title: Changes the date fire district votes take place; gives the local board of elections control over fire district elections.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to local governments [A05966 Detail]

Download: New_York-2015-A05966-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5966--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
         tee  on  Local  Governments  --  committee  discharged,  bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the town law, in relation to changing the date  of  fire
         district votes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 6 of section 175 of the town law, subdi-
    2  vision 1 as amended by chapter 334 of the laws of 2011 and subdivision 6
    3  as amended by chapter 586 of the laws of 2004, are amended  to  read  as
    4  follows:
    5    1.  An  annual  election  shall  be  held in each fire district on the
    6  [second] FIRST Tuesday NEXT SUCCEEDING THE FIRST  MONDAY  in  [December]
    7  NOVEMBER,  except  that in the Ocean Bay Park fire district, the Lonely-
    8  ville fire district, the Davis Park fire district, the Cherry Grove fire
    9  district, the Fair Harbor fire district and the Fire Island  Pines  fire
   10  district,  Suffolk  county,  such  annual  election shall be held on the
   11  second Tuesday in July, [except that in the town of Salisbury,  Herkimer
   12  county,  such annual election shall be held on the Tuesday next succeed-
   13  ing the first Monday in November from six o'clock in the  morning  until
   14  nine  o'clock  in  the  evening  and]  except  that  in the Belfast fire
   15  district, Allegany county, such annual election shall  be  held  on  the
   16  first  Tuesday  in  December. The LOCAL board of ELECTIONS FOR EACH fire
   17  [commissioners] DISTRICT shall give notice thereof by the publication of
   18  a notice once in one or more newspapers having a general circulation  in
   19  the  district.  The  first  publication of such notice shall be not less
   20  than twenty-seven days and not more than thirty-four days prior  to  the
   21  date  of  such election. Such notice shall specify the time when and the
   22  place where such election will be held, the officers to be elected ther-
   23  eat and their terms of office, and the hours during which the polls will
   24  be open for the receipt of ballots. The [secretary of such] LOCAL  BOARD
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08937-04-5
       A. 5966--A                          2
    1  OF  ELECTIONS  FOR  EACH fire district shall prepare the ballots for all
    2  elections of fire district officers and the polls shall remain open  for
    3  the  receipt thereof at all elections of fire district officers from six
    4  o'clock  in  the [evening] MORNING until nine o'clock in the evening and
    5  such additional consecutive hours prior thereto as the  LOCAL  board  OF
    6  ELECTIONS  FOR  EACH [of] fire [commissioners of such] district may have
    7  determined and specified in the  notice  thereof.  The  LOCAL  board  of
    8  ELECTIONS FOR EACH fire [commissioners] DISTRICT shall designate a resi-
    9  dent fire district elector, who shall be a registered voter of the town,
   10  to  act as chairman of any election of said district and shall designate
   11  not less than two nor more than four resident  fire  district  electors,
   12  who shall be registered voters of the town to act as election inspectors
   13  and  ballot  clerks  at  such elections. No elective officer of the fire
   14  district shall serve as such chairman or as  an  election  inspector  or
   15  ballot  clerk.   The LOCAL board of ELECTIONS FOR EACH fire [commission-
   16  ers] DISTRICT may adopt  a  resolution  providing  that  such  chairman,
   17  election inspectors and ballot clerks shall be paid for their respective
   18  services  at  any such annual election or at any special election of the
   19  fire district. Such resolution, if adopted, shall fix the amount of such
   20  compensation, as follows: if the hours during which the  polls  will  be
   21  open  for  the  receipt of ballots are from six o'clock in the [evening]
   22  MORNING until nine o'clock in the evening, a sum not to  exceed  thirty-
   23  five  dollars  for  each  such official; if additional consecutive hours
   24  prior to six o'clock in the [evening] MORNING are determined and  speci-
   25  fied  in  the  notice of election, a sum not to exceed fifty dollars for
   26  each such official.
   27    6. If in any fire district the number of voters  is  so  great  as  to
   28  render it inexpedient or impossible to conduct the election at one poll-
   29  ing  place,  the  LOCAL board of ELECTIONS FOR EACH fire [commissioners]
   30  DISTRICT may divide  the  fire  district  into  election  districts  and
   31  provide  a  polling  place  for  each  such election district, provided,
   32  however, that the number of election  districts  in  any  fire  district
   33  shall  not  exceed  one  for  each  six  hundred electors plus one for a
   34  remaining fraction of six hundred. In such event, the  notice  specified
   35  in subdivision one of this section shall describe the election districts
   36  and  state where the polling places will be located, and the LOCAL board
   37  of ELECTIONS FOR EACH fire [commissioners] DISTRICT shall designate  not
   38  less  than  two  nor more than four resident fire district electors, who
   39  shall be registered voters of the town, to act  as  election  inspectors
   40  and  ballot  clerks  at  each  such  polling  place.  The LOCAL board of
   41  ELECTIONS FOR EACH fire district [commissioners] may adopt a  resolution
   42  providing  that such election inspectors and ballot clerks shall be paid
   43  for their respective services at any such  annual  election  or  at  any
   44  special  election  of  the  fire  district. Such resolution, if adopted,
   45  shall fix the amount of such  compensation  as  follows:  if  the  hours
   46  during  which the polls will be open for the receipt of ballots are from
   47  six o'clock in the [evening] MORNING until nine o'clock in the  evening,
   48  a  sum  not  to  exceed  thirty-five dollars for each such official[; if
   49  additional consecutive hours prior to six o'clock  in  the  evening  are
   50  determined  and specified in the notice of election, a sum not to exceed
   51  fifty dollars for each such official]. No elective officer of  the  fire
   52  district shall serve as an election inspector or ballot clerk.
   53    S  2. This act shall take effect on the first of January next succeed-
   54  ing the date on which it shall have become a law.
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