S T A T E O F N E W Y O R K
________________________________________________________________________
2380
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. McENENY -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the town law, in relation to a council district system
for election of council members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 81 of the town
law, as amended by chapter 751 of the laws of 1933, is amended to read
as follows:
(b) To establish or abolish the [ward] COUNCIL DISTRICT system for the
election of councilmen in towns having four or six councilmen.
S 2. Section 85 of the town law is amended to read as follows:
S 85. [Ward] COUNCIL DISTRICT system for election of councilmen. 1.
Whenever a proposition shall have been adopted in a town of the first
class for the establishment of the [ward] COUNCIL DISTRICT system and
the election thereafter of one councilman from each [ward] COUNCIL
DISTRICT, the board of elections of the county in which such town is
situate shall divide the town into four [wards] COUNCIL DISTRICTS and
fix the boundaries thereof, unless a proposition shall have been adopted
to increase the number of councilmen from four to six, in which
instance, the board of elections shall divide the town into six [wards]
COUNCIL DISTRICTS and fix the boundaries thereof. In so dividing the
town into [wards] COUNCIL DISTRICTS, no town election district shall be
divided and no election district thereafter created under the election
law shall contain parts of two or more [wards] COUNCIL DISTRICTS. So
far as possible the division shall be so made that the number of voters
in each [ward] COUNCIL DISTRICT shall be approximately equal. When the
board of elections shall have finally determined the boundaries of the
[wards] COUNCIL DISTRICTS, they shall cause a map of the town to be
prepared showing in detail the location of each [ward] COUNCIL DISTRICT
and the boundaries thereof. The original map so made shall be filed in
the office of the town clerk and copies thereof shall be filed in the
offices of the county clerk and the board of elections of the county.
The [ward] COUNCIL DISTRICT system shall be deemed established after
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00525-01-9
A. 2380 2
such filing is complete. After a [ward] COUNCIL DISTRICT system shall
have been so established, the term of office of every town councilman
shall terminate on the thirty-first day of December next succeeding the
first biennial town election held not less than one hundred twenty days
after the establishment of such [ward] COUNCIL DISTRICT system, and at
such biennial town election, and every biennial town election thereaft-
er, one resident elector of each [ward] COUNCIL DISTRICT shall be
elected as councilman therefrom for a term of two years beginning on the
first day of January next succeeding such election.
2. The [ward] COUNCIL DISTRICT system may be abolished upon the
adoption of a proposition therefor at any special or biennial town
election. At the first biennial town election held at least one hundred
twenty days after the adoption of a proposition to abolish the [ward]
COUNCIL DISTRICT system for election of councilmen, the electors of the
town shall elect one-half of the total number of town councilmen for the
term of two years each and one-half of the total number of town council-
men for the term of four years each. At each biennial town election held
thereafter there shall be elected one-half of the total number of town
councilmen for the term of four years each. The terms of all such coun-
cilmen shall begin on the first day of January next succeeding the date
of their election.
S 3. Subdivisions 1 and 2 of section 87 of the town law, as amended by
chapter 374 of the laws of 1940, are amended to read as follows:
1. Whenever a proposition shall have been adopted in a town of the
first class which shall not have established the [ward] COUNCIL DISTRICT
system, to increase the number of councilmen from four to six, party
nominations for town councilmen may be made and designating petitions
filed and four town councilmen shall be elected at the first biennial
town election held at least one hundred fifty days thereafter, three for
a term of four years each and one for a term of two years and thereafter
at each biennial town election in such town there shall be elected three
town councilmen for the term of four years each, in the same manner as
other elective town officers in such town. The term of office of each
such councilman shall begin on the first day of January next succeeding
the election at which he was elected.
2. Whenever a proposition shall have been adopted in a town of the
first class which shall not have established the [ward] COUNCIL DISTRICT
system, to increase the number of councilmen from two to four, party
nominations for town councilmen may be made and designating petitions
filed and three town councilmen shall be elected at the first biennial
town election held at least one hundred fifty days thereafter, two for
terms of four years each and one for a term of two years, and thereafter
at each biennial town election in such town, there shall be elected two
town councilmen for terms of four years each, in the same manner as
other elective town officers in such town. The term of office of each
such town councilman shall begin on the first day of January next
succeeding the election at which he was elected.
S 4. Subdivision 13 of section 341 of the town law, as added by chap-
ter 751 of the laws of 1933, is amended to read as follows:
13. Not later than June fifteenth, nineteen hundred thirty-three, the
town board of any town containing a population of ten thousand or more
as shown by the latest federal census, excepting towns in Broome and
Suffolk counties, and of any other town which shall determine by any of
the methods prescribed by subdivision one of this section to be a town
of the first class, may adopt a resolution to establish the [ward] COUN-
CIL DISTRICT system for the election of councilmen for such town, which
A. 2380 3
resolution shall be subjected to referendum as herein provided. Within
four days after the adoption of such resolution, the town clerk shall
cause copies thereof to be posted in ten public places in the town, with
a statement of the date of its adoption. Within fourteen days after the
adoption of such resolution, a petition may be filed requiring such
resolution be submitted to the electors of the town, for their approval.
The form of question to be submitted thereon shall be "Shall the resol-
ution of the town board of the town of ............. , establishing the
[ward] COUNCIL DISTRICT system for the election of town councilmen, be
approved?" If no such resolution shall have been adopted within the time
above provided, a petition may be filed not later than June twenty-
ninth, nineteen hundred thirty-three, requiring the submission to such
electors of the proposition "Shall the [ward] COUNCIL DISTRICT system be
established for the election of town councilmen?" A petition for any of
the above purposes shall be filed with the town clerk, and shall be
signed and duly acknowledged by at least one hundred electors of the
town. The question or proposition for which a petition shall have been
filed shall be submitted by the town board at a special town meeting to
be held at a time, not later than August first, nineteen hundred thir-
ty-three, and at such place or places in the town as may be fixed by the
town board. Notice of the election shall be given, such meeting held and
the votes canvassed and result certified and returned in the manner
provided by provisions of [the town law] THIS CHAPTER relating to
special town meetings as in force immediately prior to the taking effect
of this section. Every elector of the town shall be entitled to vote at
such meeting. If the town board shall have adopted such a resolution and
no petition shall have been filed, within the time above provided, for a
referendum thereon, or if a majority of the votes cast on any proposi-
tion or question submitted as herein provided be in the affirmative, the
board of elections of the county in which such town is situate shall
forthwith divide the town into four [wards] COUNCIL DISTRICTS and fix
the boundaries thereof. In so dividing the town into [wards] COUNCIL
DISTRICTS, no town election district shall be divided and no election
district shall contain parts of two or more [wards] COUNCIL DISTRICTS.
So far as possible the division shall be so made that the number of
votes in each [ward] COUNCIL DISTRICT shall be approximately equal. When
the board of elections shall have finally determined the boundaries of
the [wards] COUNCIL DISTRICTS, the board shall cause a map of the town
to be prepared showing in detail the location of each [ward] COUNCIL
DISTRICT and the boundaries thereof. The original map so made shall be
filed in the office of the town clerk and copies thereof shall be filed
in the offices of the county clerk and the board of elections of the
county. The [ward] COUNCIL DISTRICT system shall be deemed established
after such filing is complete. Party nominations shall be made, desig-
nating petitions filed and one resident elector of each [ward] COUNCIL
DISTRICT shall be elected as councilman therefrom for a term of two
years beginning on the first day of January next succeeding such
election, at the biennial town meeting in the year nineteen hundred
thirty-three, and biennially thereafter, in the same manner as other
elective town officers in such town.
S 5. Nothing in this act shall affect the manner of election, appoint-
ment, tenure or term of office, removal or salary or compensation of any
councilman elected prior to the effective date of this act under the
ward system for election of councilmen as provided in sections 81, 85,
87 and 341 of the town law.
S 6. This act shall take effect immediately.