S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5245
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 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.
              

                                                            LBD01076-01-7

 S. 5245                             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.
   § 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.
   § 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.
   § 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.
   §  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.
   § 6. This act shall take effect immediately.
   §  2.  This  act shall take effect on the first of May next succeeding
 the date on which it shall have become a law.