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

                                  10585

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Local Governments

AN ACT to amend the town law, in relation to changing the date  of  fire
  district votes and the amount of compensation for poll workers

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

  Section 1. Subdivisions 1 and 6 of section 175 of the town law, subdi-
vision 1 as separately amended by chapters 63 and 108  of  the  laws  of
1997  and  subdivision  6 as amended by chapter 586 of the laws of 2004,
are amended to read as follows:
  1. An annual election shall be held  in  each  fire  district  on  the
second Tuesday in [December] NOVEMBER, except that in the Ocean Bay Park
fire  district,  the  Lonelyville  fire  district,  the  Davis Park fire
district and the Fire Island Pines fire district, Suffolk  county,  such
annual election shall be held on the second Tuesday in July, except that
in the town of Salisbury, Herkimer county, such annual election shall be
held  on  the  Tuesday next succeeding the first Monday in November from
six o'clock in the morning until nine o'clock in the evening and  except
that in the Belfast fire district, Allegany county, such annual election
shall  be  held  on  the  first  Tuesday  in December. The board of fire
commissioners shall give notice thereof by the publication of  a  notice
once  in  one  or  more  newspapers  having a general circulation in the
district. The first publication of such notice shall be  not  less  than
twenty-seven  days  and not more than thirty-four days prior to the date
of such election. Such notice shall specify the time when and the  place
where such election will be held, the officers to be elected thereat and
their terms of office, and the hours during which the polls will be open
for  the  receipt of ballots.  The secretary of such fire district shall
prepare the ballots for all elections of fire district officers and  the
polls shall remain open for the receipt thereof at all elections of fire
district officers from [six] NINE o'clock in the [evening] MORNING until
nine  o'clock in the evening and such additional consecutive hours prior
thereto as the board of fire commissioners of  such  district  may  have
determined  and  specified  in  the  notice  thereof.  The board of fire

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

                                                           LBD16570-01-0

A. 10585                            2

commissioners shall designate a  resident  fire  district  elector,  who
shall  be  a  registered  voter  of  the town, to act as chairman of any
election of said district and shall designate not less than two nor more
than  four  resident  fire  district  electors,  who shall be registered
voters of the town to act as election inspectors and  ballot  clerks  at
such  elections. No elective officer of the fire district shall serve as
such chairman or as an election inspector or ballot clerk. The board  of
fire  commissioners may adopt a resolution providing that such chairman,
election inspectors and ballot clerks shall be paid for their respective
services at any such annual election or at any special election  of  the
fire district. Such resolution, if adopted, shall fix the amount of such
compensation,  as  follows:  if the hours during which the polls will be
open for the receipt of ballots are  from  [six]  NINE  o'clock  in  the
[evening] MORNING until nine o'clock in the evening, a sum not to exceed
[thirty-five]  ONE  HUNDRED  FORTY  dollars  for each such official[; if
additional consecutive hours prior to six o'clock  in  the  evening  are
determined  and specified in the notice of election, a sum not to exceed
fifty dollars for each such official].
  6. If in any fire district the number of voters  is  so  great  as  to
render it inexpedient or impossible to conduct the election at one poll-
ing  place, the board of fire commissioners may divide the fire district
into election districts and  provide  a  polling  place  for  each  such
election  district,  provided,  however,  that  the  number  of election
districts in any fire district shall not exceed one for each six hundred
electors plus one for a remaining  fraction  of  six  hundred.  In  such
event,  the  notice  specified  in subdivision one of this section shall
describe the election districts and state where the polling places  will
be located, and the board of fire commissioners shall designate not less
than  two  nor more than four resident fire district electors, who shall
be registered voters of the town, to  act  as  election  inspectors  and
ballot  clerks  at  each  such polling place. The board of fire district
commissioners may  adopt  a  resolution  providing  that  such  election
inspectors and ballot clerks shall be paid for their respective services
at  any  such  annual  election  or  at any special election of the fire
district. Such resolution, if adopted, shall  fix  the  amount  of  such
compensation  as  follows:  if  the hours during which the polls will be
open for the receipt of ballots are  from  [six]  NINE  o'clock  in  the
[evening] MORNING until nine o'clock in the evening, a sum not to exceed
[thirty-five]  ONE  HUNDRED  FORTY  dollars  for each such official[; if
additional consecutive hours prior to six o'clock  in  the  evening  are
determined  and specified in the notice of election, a sum not to exceed
fifty dollars for each such official]. No elective officer of  the  fire
district shall serve as an election inspector or ballot clerk.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.