S T A T E O F N E W Y O R K
________________________________________________________________________
1184--A
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00289-04-5
S. 1184--A 2
1 one polling site on such date; (iii) such fire district polls remain
2 open for the same hours as the polls administered by the Westchester
3 county board of elections; (iv) both of the Westchester county board of
4 elections commissioners approve in writing of such fire district
5 elections being held in the same locations as the elections held on the
6 Tuesday next succeeding the first Monday in November administered by
7 such board of elections; and (v) the Eastchester fire district adheres
8 to the provisions of section 175 of the town law that are not inconsist-
9 ent with this act.] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS 1, 2,
10 4, 5 AND 6 OF SECTION 175, SECTIONS 175-A, 175-B, AND SUBDIVISIONS 3, 6,
11 7, 8 AND 29 OF SECTION 176 OF THE TOWN LAW PERTAINING TO THE ANNUAL FIRE
12 DISTRICT ELECTIONS, THE ELECTIONS OF THE EASTCHESTER FIRE DISTRICT, IN
13 THE TOWN OF EASTCHESTER, COUNTY OF WESTCHESTER, WHOSE BOUNDARIES ONLY
14 ENCOMPASS THE ENTIRE CORPORATE LIMITS OF THE TOWN OF EASTCHESTER AND
15 EACH VILLAGE WITHIN SUCH TOWN AND WHERE THE ONLY ELIGIBLE ELECTORS OF
16 SUCH FIRE DISTRICT ARE ALSO ELIGIBLE ELECTORS OF SUCH TOWN SHALL BE
17 GOVERNED BY THE RULES AND PROCEDURES OF ARTICLES 1, 3, 4, 5, 6, 7, 8, 9
18 AND 10 OF THE ELECTION LAW AND SHALL TAKE PLACE ON THE TUESDAY NEXT
19 SUCCEEDING THE FIRST MONDAY IN NOVEMBER.
20 S 2. Notwithstanding the provisions of section 179 of the town law
21 authorizing fire districts to hold special elections to vote upon appro-
22 priations, or any other law that would authorize the Eastchester fire
23 district to hold a special election, all elections of the Eastchester
24 fire district shall be held on the Tuesday next succeeding the first
25 Monday in November in the manner provided for by this act.
26 S 3. [Nothing in this act shall be construed to require the Westches-
27 ter county board of elections to authorize, administer, or otherwise
28 oversee the Eastchester fire district elections, provided, however, that
29 such county board of elections shall be authorized to provide technical
30 assistance to such fire district.] NOTWITHSTANDING SUBDIVISION 2 OF
31 SECTION 6-142 OF THE ELECTION LAW WITH RESPECT TO NOMINATING PETITIONS
32 AND SIGNATURES, CANDIDATES FOR EASTCHESTER FIRE DISTRICT OFFICES SHALL
33 FILE WITH THE WESTCHESTER COUNTY BOARD OF ELECTIONS A NOMINATING PETI-
34 TION SUBSCRIBED BY 25 VOTERS OF THE EASTCHESTER FIRE DISTRICT IN THE
35 FORM SET FORTH BY SECTION 6-140 OF THE ELECTION LAW.
36 S 4. A. ANY VACANCY IN AN ELECTIVE OFFICE WHICH EXISTS ON OR BEFORE
37 SEPTEMBER NINETEENTH SHALL BE FILLED AT THE NEXT NOVEMBER GENERAL
38 ELECTION HELD THEREAFTER, FOR THE REMAINDER OF THE UNEXPIRED TERM AND
39 SHALL TAKE OFFICE ON JANUARY FIRST OF THE FOLLOWING YEAR. THE BOARD OF
40 FIRE COMMISSIONERS OF THE EASTCHESTER FIRE DISTRICT, OR A MAJORITY OF
41 THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL A
42 VACANCY UNTIL DECEMBER THIRTY-FIRST AFTER AN ELECTION HAS BEEN HELD TO
43 FILL SAID VACANCY.
44 B. WHENEVER A VACANCY SHALL OCCUR IN AN APPOINTED FIRE DISTRICT
45 OFFICE, THE EASTCHESTER BOARD OF FIRE COMMISSIONERS, OR A MAJORITY OF
46 THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL THE
47 VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM.
48 S 5. THE EASTCHESTER FIRE DISTRICT, AT LEAST EIGHT MONTHS BEFORE EACH
49 GENERAL ELECTION, SHALL MAKE AND TRANSMIT TO THE BOARD OF ELECTIONS A
50 CERTIFICATE STATING EACH EASTCHESTER FIRE DISTRICT OFFICE TO BE VOTED
51 FOR AT EACH SUCH ELECTION. IF ANY SUCH OFFICE IS FOR AN UNEXPIRED TERM,
52 THE CERTIFICATE SHALL SO STATE.
53 S 6. This act shall take effect immediately.
54 S 2. This act shall take effect on the first of May next succeeding
55 the date on which it shall have become a law.