senate Bill S2122A

Relates to the election of fire district officers for the Eastchester fire district in the town of Eastchester, county of Westchester

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Jan / 2013
    • REFERRED TO LOCAL GOVERNMENT
  • 19 / Mar / 2013
    • 1ST REPORT CAL.231
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2013
    • AMENDED ON THIRD READING (T) 2122A
  • 18 / Jun / 2013
    • SUBSTITUTED BY A2288A

Summary

Relates to the election of fire district officers in the town of Eastchester fire district in the town of Eastchester, county of Westchester.

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Bill Details

See Assembly Version of this Bill:
A2288A
Versions:
S2122
S2122A
Legislative Cycle:
2013-2014
Law Section:
Westchester County
Versions Introduced in 2011-2012 Legislative Cycle:
A9609, A9609

Sponsor Memo

BILL NUMBER:S2122A

TITLE OF BILL: An act in relation to authorizing the Eastchester fire
district, in the town of Eastchester, county of Westchester, to change
the date of its annual election

PURPOSE OR GENERAL IDEA OF BILL:

To hold the annual fire district election for the town of Eastchester
on the Tuesday next succeeding the first Monday in November.

SUMMARY OF SPECIFIC PROVISIONS: Section one provides that the town of
Eastchester shall hold its annual fire district election on the
Tuesday next succeeding the first Monday in November. It also provides
that: 1. the fire district election shall be held at every polling
site established by the Westchester board of elections; 2. the fire
district election districts are the same as the election districts and
that an elector shall not be required to visit more than one polling
site; 3. the fire district polls shall remain open for the same hours
as the polls administered by the Westchester board of elections; and
4. both the commissioners of the Westchester board of elections shall
approve in writing of the fire elections being held in the same
locations as the elections held on Tuesday next succeeding the first
Monday in November administered by the Westchester board of elections

Section two provides that despite other provisions in town law, all
Eastchester fire district elections shall be held on the Tuesday next
succeeding the first Monday in November.

Section three provides that the Westchester board of elections shall
not be required to administer or oversee the Eastchester fire district
elections

Section 4 provides for the effective date

JUSTIFICATION: The Eastchester Fire District holds elections of fire
officers in December resulting in very low voter turnout. On average
less than 5% of registered voters cast a vote. There are also no
absentee ballots allowed in the December special election, which means
homebound individuals are unable to vote. In addition, holding the
election at the same time as the November general election would
eliminate the costs of holding a separate fire district election,
potentially resulting in savings to taxpayers.

PRIOR LEGISLATIVE HISTORY: A.9609, 2012 referred to local governments.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2122--A
    Cal. No. 231

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sens.  LATIMER, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Local  Government
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT in relation to authorizing the Eastchester fire district, in  the
  town  of Eastchester, county of Westchester, to change the date of its
  annual election

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding the provision of subdivision one of section
175  of  the  town  law generally requiring holding annual fire district
elections on the second Tuesday in  December,  and  notwithstanding  the
provision of subdivision 6 of section 175 of the town law related to the
number  of  electors in each fire district election district:  the East-
chester fire district, in the town of Eastchester, county  of  Westches-
ter,  whose boundaries only encompass the entire corporate limits of the
town of Eastchester and each village within such town and where the only
eligible electors of such fire district are also  eligible  electors  of
such  town  and  villages, shall hold its annual election on the Tuesday
next succeeding the first Monday in November provided that (i) such fire
district election is held at every polling site as may be established by
the Westchester county board  of  elections;  (ii)  such  fire  district
election  districts  are  the  same  as the election districts as may be
established by the Westchester county board of elections, such  that  an
elector  shall  not  be  required to visit more than one polling site on
such date; (iii) such fire district polls remain open for the same hours
as the polls administered by the Westchester county board of  elections;
(iv)  both  of  the  Westchester county board of elections commissioners
approve in writing of such fire district elections  being  held  in  the
same  locations as the elections held on the Tuesday next succeeding the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05063-02-3

S. 2122--A                          2

first Monday in November administered by such board  of  elections;  and
(v)  the  Eastchester fire district adheres to the provisions of section
175 of the town law that are not inconsistent with this act.
  S  2.  Notwithstanding  the  provisions of section 179 of the town law
authorizing fire districts to hold special elections to vote upon appro-
priations, or any other law that would authorize  the  Eastchester  fire
district  to  hold  a special election, all elections of the Eastchester
fire district shall be held on the Tuesday  next  succeeding  the  first
Monday in November in the manner provided for by this act.
  S 3. Nothing in this act shall be construed to require the Westchester
county board of elections to authorize, administer, or otherwise oversee
the  Eastchester  fire  district elections, provided, however, that such
county board of elections  shall  be  authorized  to  provide  technical
assistance to such fire district.
  S 4. This act shall take effect immediately.

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