Assembly Bill A10767

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

                                  10767

                          I N  A S S E M B L Y

                             April 20, 2010
                               ___________

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

AN ACT to amend the town law, in relation to annual  elections,  and  to
  repeal section 212-a of the town law relating to the election of water
  district commissioners

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

  Section 1. Section 212 of the town law, as amended by chapter  421  of
the laws of 2008, is amended to read as follows:
  S  212.  Annual  election  and  notice  thereof.  NOTWITHSTANDING  ANY
PROVISION OF LAW TO THE CONTRARY, THE ANNUAL ELECTION FOR  ALL  IMPROVE-
MENT  DISTRICT  COMMISSIONERS  SHALL BE CONDUCTED BY THE COMMISSIONER OR
COMMISSIONERS IN THE MANNER PRESCRIBED BY THIS SECTION AND SHALL BE HELD
ON THE SECOND TUESDAY IN THE MONTH OF DECEMBER OF EACH YEAR BEGINNING IN
TWO THOUSAND ELEVEN. The  district  commissioners  of  such  improvement
district shall publish at the expense of the district the notice of each
election  of  improvement  district  commissioners held pursuant to this
article. Such notice shall be published at least once  in  one  or  more
newspapers  having  general  circulation  in  the district and the first
publication thereof shall be at least twenty days before the day of such
election. The notice of annual election shall specify the time when  and
the  place  or  places  where  such election shall be held and the hours
during which the polls will be open for the receipt of  ballots.  Notice
of  such  election  shall also be posted on the websites of the district
and the town in which the district is  located,  if  such  websites  are
maintained,  on  the  signboard of the town, and conspicuously posted in
three or more designated public locations within  the  district,  on  or
about  the day on which such notice is published. Such election shall be
held at a suitable place or places within the district designated by the
district commissioners and the polls shall remain open from [six o'clock
in the evening] TWELVE O'CLOCK IN THE AFTERNOON until  nine  o'clock  in
the  evening [and such additional consecutive hours prior thereto as the
district commissioners may determine and specify in the notice  of  such
election].  The  board of commissioners of such district shall designate

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

                                                           LBD16126-03-0

A. 10767                            2

for each district election not less than two nor more than four resident
taxpayers to act as election  inspectors  and  ballot  clerks  for  each
designated  polling  place.  The  board  of  commissioners shall fix the
compensation  of such election inspectors and ballot clerks in an amount
not to exceed ten dollars per hour each for every hour or  part  thereof
of  such  service  and  such  compensation shall be a charge against the
district. The board of commissioners shall  cause  to  be  prepared  the
ballots  for all elections, and may authorize the use of voting machines
approved by the secretary of state at any annual or special election  of
the  district in accordance with article nine of the election law. After
the polls shall have been closed at any election, the  election  inspec-
tors  and  ballot clerks at each polling place shall immediately canvass
the ballots cast and shall publicly announce the result of the  vote  at
that  polling  place. Within twenty-four hours the chairman of the board
of commissioners, election inspectors and ballot  clerks  shall  execute
and  file  a  certificate of the result of the canvass with the board of
commissioners of the improvement district and with the clerk of the town
in which said district is located.
  S 2. Section 212-a of the town law is REPEALED.
  S 3. This act shall take effect immediately.