senate Bill S7402B

Relates to Eastchester fire district elections

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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

  • 14 / May / 2014
    • REFERRED TO ELECTIONS
  • 27 / May / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 27 / May / 2014
    • PRINT NUMBER 7402A
  • 16 / Jul / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 16 / Jul / 2014
    • PRINT NUMBER 7402B

Summary

Relates to Eastchester fire district elections; requires provisions of election law instead of town law be followed for fire district elections.

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Bill Details

Versions:
S7402
S7402A
S7402B
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Elections
Laws Affected:
Amd Chap 345 of 2013

Sponsor Memo

BILL NUMBER:S7402B

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To add the annual fire district
election for the town of Eastchester to the general election ballot.

SUMMARY OF SPECIFIC PROVISIONS: Section one amended chapter 345 of the
laws of 2013. Section 1 of chapter 345 is amended to have the
procedures of the Eastchester fire district election governed by the
election law and not the town law.

Section 3 of chapter 345 is amended to specify the number of
signatures required when petitioning. Section 4 of chapter 345 is
amended to detail how vacancies are filled. Section 5 of chapter 345
is created requiring the fire district to notice the offices to be
voted on. Section 6 of chapter 345 is the effective date of the
original law.

Section two provides for the effective date.

JUSTIFICATION: The Eastchester fire district commissioners are
responsible for the budget of the fire district. Under town law, the
fire district holds elections for its commissioners in December,
resulting in very low voter turnout. On average less than 5% of
registered voters cast a vote. Adding the fire district election to
the general election ballot will increase voter participation in the
process. Last year the law was amended to hold the election in
November at the same time as the general election. This act amends
that law to allow for implementation and for the fire district
election to share the same ballot as the general election.

PRIOR LEGISLATIVE HISTORY: Chapter 345 of 2013.

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take effect January 1, 2015.

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

                                 7402--B

                            I N  S E N A T E

                              May 14, 2014
                               ___________

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  --  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:

  Section 1. Chapter 345 of the laws of 2013 relating to authorizing the
Eastchester fire district, in the town of Eastchester, county  of  West-
chester,  to  change the date of its annual election, is amended to read
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  notwithstand-
ing  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  Eastchester fire district, in the town of Eastchester,
county of Westchester, whose boundaries only encompass the entire corpo-
rate 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15144-07-4

S. 7402--B                          2

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  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 inconsist-
ent with this act.] NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS 1, 2,
4, 5 AND 6 OF SECTION 175, SECTIONS 175-A, 175-B, AND SUBDIVISIONS 3, 6,
7, 8 AND 29 OF SECTION 176 OF THE TOWN LAW PERTAINING TO THE ANNUAL FIRE
DISTRICT  ELECTIONS,  THE ELECTIONS OF THE EASTCHESTER FIRE DISTRICT, IN
THE TOWN OF EASTCHESTER, COUNTY OF WESTCHESTER,  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, SHALL BE
GOVERNED BY THE RULES AND PROCEDURES OF ARTICLES 1, 3, 4, 5, 6, 7, 8,  9
AND  10  OF  THE  ELECTION  LAW AND SHALL TAKE PLACE ON THE TUESDAY NEXT
SUCCEEDING THE FIRST MONDAY IN NOVEMBER.
  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  Westches-
ter  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.]  NOTWITHSTANDING SUBDIVISION 2 OF
SECTION 6-142 OF THE ELECTION LAW WITH RESPECT TO  NOMINATING  PETITIONS
AND  SIGNATURES,  CANDIDATES FOR EASTCHESTER FIRE DISTRICT OFFICES SHALL
FILE WITH THE WESTCHESTER COUNTY BOARD OF ELECTIONS A  NOMINATING  PETI-
TION  SUBSCRIBED  BY  25  VOTERS OF THE EASTCHESTER FIRE DISTRICT IN THE
FORM SET FORTH BY SECTION 6-140 OF THE ELECTION LAW.
  S 4. A. ANY VACANCY IN AN ELECTIVE OFFICE WHICH EXISTS  ON  OR  BEFORE
SEPTEMBER  NINETEENTH  SHALL  BE  FILLED  AT  THE  NEXT NOVEMBER GENERAL
ELECTION HELD THEREAFTER, FOR THE REMAINDER OF THE  UNEXPIRED  TERM  AND
SHALL  TAKE  OFFICE ON JANUARY FIRST OF THE FOLLOWING YEAR. THE BOARD OF
FIRE COMMISSIONERS OF THE EASTCHESTER FIRE DISTRICT, OR  A  MAJORITY  OF
THE  MEMBERS  THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL A
VACANCY UNTIL DECEMBER THIRTY-FIRST AFTER AN ELECTION HAS BEEN  HELD  TO
FILL SAID VACANCY.
  B.  WHENEVER  A  VACANCY  SHALL  OCCUR  IN  AN APPOINTED FIRE DISTRICT
OFFICE, THE EASTCHESTER BOARD OF FIRE COMMISSIONERS, OR  A  MAJORITY  OF
THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUALIFIED PERSON TO FILL THE
VACANCY FOR THE REMAINDER OF THE UNEXPIRED TERM.
  S  5. THE EASTCHESTER FIRE DISTRICT, AT LEAST EIGHT MONTHS BEFORE EACH
GENERAL ELECTION, SHALL MAKE AND TRANSMIT TO THE BOARD  OF  ELECTIONS  A
CERTIFICATE  STATING  EACH  EASTCHESTER FIRE DISTRICT OFFICE TO BE VOTED
FOR AT EACH SUCH ELECTION. IF ANY SUCH OFFICE IS FOR AN UNEXPIRED  TERM,
THE CERTIFICATE SHALL SO STATE.
  S 6. This act shall take effect immediately.
  S 2. This act shall take effect January 1, 2015.

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