LBD02302-01-9
A. 771 2
3. "MUNICIPALITY" MEANS A CITY, TOWN, VILLAGE OR SCHOOL DISTRICT.
S 151. QUALIFICATION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE, THE PROVISIONS OF PART TWO OF ARTICLE FIVE OF THE EDUCATION LAW
SHALL CONTINUE TO APPLY TO DISTRICTS.
S 152. ESTABLISHMENT AND EXTENSION OF DISTRICTS. 1. THE GOVERNING BODY
OF ANY MUNICIPALITY OR, IF THE PROPOSED DISTRICT OR EXTENSION INCLUDES
TERRITORY IN MORE THAN ONE MUNICIPALITY THE GOVERNING BODIES OF EACH OF
THE MUNICIPALITIES IN WHICH SUCH PROPOSED DISTRICT OR EXTENSION IS SITU-
ATED, ACTING JOINTLY BY A MAJORITY VOTE OF THE MEMBERS OF EACH OF SUCH
GOVERNING BODIES, UPON A WRITTEN PETITION, MAY ESTABLISH OR EXTEND
DISTRICTS IN SUCH MUNICIPALITY OR MUNICIPALITIES.
2. UPON ITS OWN MOTION AND WITHOUT PETITION, THE GOVERNING BODY OF ANY
MUNICIPALITY OR, IF THE DISTRICT AS PROPOSED OR PROPOSED TO BE EXTENDED
INCLUDES TERRITORY IN MORE THAN ONE MUNICIPALITY, THE GOVERNING BODIES
OF EACH MUNICIPALITY ACTING JOINTLY BY A MAJORITY VOTE OF THE MEMBERS OF
EACH OF SUCH BODIES MAY ESTABLISH OR EXTEND DISTRICTS IN SUCH MUNICI-
PALITIES. THE NOTICE OF THE HEARING THEREON SHALL BE PUBLISHED AND POST-
ED AND SUCH HEARING SHALL BE HELD IN THE MANNER PROVIDED IN THIS ARTICLE
FOR A HEARING UPON THE ESTABLISHMENT OF A DISTRICT UPON PETITION. AFTER
SUCH HEARING AND UPON THE EVIDENCE GIVEN THEREAT, THE GOVERNING BODY OR
BODIES SHALL DETERMINE BY RESOLUTION WHETHER IT BE IN THE INTEREST OF
THE MUNICIPALITY TO ESTABLISH THE PROPOSED DISTRICT OR EXTEND AN EXIST-
ING DISTRICT, AS THE CASE MAY BE. IF IT BE DETERMINED THAT THE ESTAB-
LISHMENT OR EXTENSION OF SUCH DISTRICT BE IN THE PUBLIC INTEREST, THE
GOVERNING BODY OR BODIES SHALL DETERMINE WHETHER ALL THE RESIDENTS AND
INTERESTED PERSONS WITHIN THE PROPOSED DISTRICT ARE BENEFITED THEREBY
AND WHETHER ALL RESIDENTS BENEFITED ARE INCLUDED THEREIN AND SUCH
GOVERNING BODY OR BODIES SHALL SO ALTER THE BOUNDARIES OF THE PROPOSED
DISTRICT OR EXTENSION, SO THAT ALL RESIDENTS AND ONLY SUCH RESIDENTS AS
ARE BENEFITED SHALL BE INCLUDED WITHIN ITS LIMITS. IN THE EVENT, HOWEV-
ER, THAT IT IS FOUND THAT ANY RESIDENTS OR ANY INTERESTED PERSONS NOT
INCLUDED IN THE DISTRICT, AS ORIGINALLY PROPOSED, WILL BE BENEFITED
THEREBY, A FURTHER NOTICE SHALL BE POSTED AND PUBLISHED AND ANOTHER
HEARING SHALL BE HELD, UNLESS ALL ADDITIONAL RESIDENTS OR INTERESTED
PERSONS EXECUTE AND FILE WRITTEN CONSENTS TO BE INCLUDED IN SUCH
DISTRICT OR EXTENSION. WHEN THE BOUNDARIES OF SUCH DISTRICT OR EXTENSION
SHALL HAVE BEEN FINALLY DETERMINED, THE GOVERNING BODY OR BODIES SHALL
ADOPT A RESOLUTION ESTABLISHING OR EXTENDING THE DISTRICT AND SHALL
COMPLY WITH THE PROVISION OF THIS ARTICLE.
S 153. PETITION AND HEARING. 1. A PETITION FOR A MANDATORY REFERENDUM,
PURSUANT TO SECTION ONE HUNDRED FIFTY-TWO OF THIS ARTICLE, SHALL BE
SIGNED, AND ACKNOWLEDGED OR PROVED IN THE SAME MANNER AS A DEED TO BE
RECORDED, OR AUTHENTICATED IN THE MANNER PROVIDED BY THE ELECTION LAW
FOR THE AUTHENTICATION OF NOMINATING PETITIONS, BY RESIDENTS CONSTITUT-
ING TWENTY PERCENT OF THE RESIDENTS OF THE PROPOSED DISTRICT OR EXTEN-
SION THEREOF.
2. THE GOVERNING BODY OR BODIES SHALL HOLD A PUBLIC HEARING UPON SUCH
PETITION AND SHALL CAUSE NOTICE THEREOF TO BE PUBLISHED AT LEAST ONCE IN
A NEWSPAPER HAVING GENERAL CIRCULATION IN THE TERRITORY AFFECTED, THE
FIRST PUBLICATION THEREOF TO BE NOT LESS THAN TEN DAYS NOR MORE THAN
TWENTY DAYS BEFORE THE DAY DESIGNATED THEREIN FOR THE HEARING, AND THE
CLERK OF THE MUNICIPALITY OR CLERKS OF THE MUNICIPALITIES SHALL CAUSE
COPIES OF SUCH NOTICE TO BE POSTED ON THE SIGN-BOARD OF THE MUNICIPALITY
AND CONSPICUOUSLY IN SUCH OTHER PLACES WITHIN OR WITHOUT THE TERRITORY
AFFECTED AS THE GOVERNING BODY OR BODIES MAY DIRECT, NOT LESS THAN TEN
NOR MORE THAN TWENTY DAYS BEFORE THE DAY DESIGNATED FOR THE HEARING. IN
A. 771 3
THE EVENT THAT THE MUNICIPALITY MAINTAINS A WEBSITE, SUCH INFORMATION
MAY ALSO BE PROVIDED ON SUCH WEBSITE. SUCH NOTICE SHALL CONTAIN A
DESCRIPTION OF THE PROPOSED DISTRICT OR EXTENSION, STATE THE ESTIMATED
RATE PER THOUSAND DOLLARS OF ASSESSED VALUATION, BASED ON THE AGGREGATE
ASSESSED VALUATION OF TAXABLE REAL PROPERTY OF THE PROPOSED DISTRICT OR
EXTENSION DISTRICT SHOWN IN THE LATEST COMPLETED FINAL ASSESSMENT ROLL,
PROJECTED TO BE ASSESSED, LEVIED AND COLLECTED FOR PURPOSES OF THE
PROPOSED DISTRICT OR EXTENDED DISTRICT FOR THE FISCAL YEAR OF ITS OPERA-
TION AND SPECIFY THE TIME WHEN AND THE PLACE WHERE THE GOVERNING BODY OR
BODIES WILL MEET TO CONSIDER SUCH PETITION AND TO HEAR ALL PERSONS
INTERESTED IN THE SUBJECT CONCERNING THE SAME. IF THE PETITION SHALL
PROVIDE FOR THE DISSOLUTION OF AN EXISTING DISTRICT UPON THE ESTABLISH-
MENT OF A NEW DISTRICT, THE NOTICE OF HEARING SHALL SO SPECIFY. PRIOR TO
THE PUBLICATION OF THE NOTICE, THE GOVERNING BODY OR BODIES SHALL CAUSE
TO BE PREPARED, AND FILE FOR PUBLIC INSPECTION WITH THE CLERK OF THE
MUNICIPALITY, A DETAILED EXPLANATION OF HOW THE ESTIMATED RATE OF
ASSESSMENT FOR THE PROPOSED DISTRICT OR EXTENDED DISTRICT WAS COMPUTED.
3. AFTER A HEARING HELD UPON NOTICE AND UPON THE EVIDENCE GIVEN THER-
EAT, THE GOVERNING BODY OR BODIES SHALL DETERMINE BY RESOLUTION:
A. WHETHER THE PETITION IS SIGNED, AND ACKNOWLEDGED OR PROVED, OR
AUTHENTICATED AS REQUIRED BY LAW AND IS OTHERWISE SUFFICIENT;
B. WHETHER ALL RESIDENTS WITHIN THE PROPOSED DISTRICT OR EXTENSION ARE
BENEFITED THEREBY;
C. WHETHER ALL RESIDENTS BENEFITED ARE INCLUDED WITHIN THE LIMITS OF
THE PROPOSED DISTRICT OR EXTENSION; AND
D. WHETHER IT IS IN THE PUBLIC INTEREST TO GRANT IN WHOLE OR IN PART
THE RELIEF SOUGHT.
IF THE GOVERNING BODY SHALL DETERMINE THAT THE PETITION IS NOT SIGNED,
AND ACKNOWLEDGED OR PROVED, OR AUTHENTICATED AS REQUIRED BY LAW OR THAT
IS OTHERWISE INSUFFICIENT, OR IF IT IS DETERMINED THAT IT BE NOT IN THE
PUBLIC INTEREST TO GRANT IN WHOLE OR IN PART THE RELIEF SOUGHT, THE
GOVERNING BODY SHALL DENY THE PETITION.
IF THE GOVERNING BODY OF A MUNICIPALITY SHALL DETERMINE THAT THE PETI-
TION IS SIGNED, AND ACKNOWLEDGED OR PROVED, OR AUTHENTICATED AS REQUIRED
BY LAW AND IS OTHERWISE SUFFICIENT AND THAT IT IS IN THE PUBLIC INTEREST
TO GRANT THE RELIEF SOUGHT, EITHER IN WHOLE OR IN PART, BUT SHALL FIND
THAT ANY PORTION OF THE RESIDENTS WITHIN THE PROPOSED DISTRICT OR EXTEN-
SION ARE NOT BENEFITED THEREBY OR THAT CERTAIN RESIDENTS BENEFITED
THEREBY HAVE NOT BEEN INCLUDED THEREIN, SUCH GOVERNING BODY SHALL SPECI-
FY THE NECESSARY CHANGES OF THE BOUNDARIES OF THE PROPOSED DISTRICT OR
EXTENSION TO BE MADE IN ORDER THAT ALL OF THE RESIDENTS AND ONLY SUCH
RESIDENTS AS ARE BENEFITED SHALL BE INCLUDED WITHIN SUCH PROPOSED
DISTRICT OR EXTENSION, AND THE GOVERNING BODY SHALL CALL A FURTHER HEAR-
ING AT A DEFINITE PLACE AND TIME NOT LESS THAN FIFTEEN NOR MORE THAN
TWENTY-FIVE DAYS AFTER SUCH DETERMINATION. NOTICE OF SUCH FURTHER HEAR-
ING SHALL BE POSTED, PUBLISHED AND MAILED IN THE MANNER PROVIDED IN THIS
SECTION EXCEPT THAT SUCH NOTICE SHALL ALSO SPECIFY THE MANNER IN WHICH
IT IS PROPOSED TO ALTER THE BOUNDARIES OF THE PROPOSED DISTRICT OR
EXTENSION. SUCH FURTHER HEARING SHALL BE CONDUCTED IN THE SAME MANNER AS
AN ORIGINAL HEARING UPON A PETITION. IF AND WHEN THE GOVERNING BODY
SHALL DETERMINE IN THE AFFIRMATIVE ALL OF THE QUESTIONS SET FORTH IN
THIS SUBDIVISION, THE BOARD MAY ADOPT A RESOLUTION APPROVING THE ESTAB-
LISHMENT OR EXTENSION OF THE DISTRICT AS THE BOUNDARIES SHALL BE FINALLY
DETERMINED, BUT NO SUCH RESOLUTION SO APPROVING SHALL BE ADOPTED UNLESS
THE PETITION SHALL COMPLY WITH THE REQUIREMENTS OF THIS SECTION AS TO
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SUFFICIENCY OF SIGNERS AS THE BOUNDARIES OF THE PROPOSED DISTRICT OR
EXTENSION SHALL BE FINALLY DETERMINED.
S 154. CONSOLIDATION OF DISTRICTS. IRRESPECTIVE OF THE MANNER OF
THEIR ORIGINAL ESTABLISHMENT, WHENEVER TWO OR MORE DISTRICTS ADJOIN, THE
GOVERNING BODY OF THE MUNICIPALITY IN WHICH SUCH DISTRICTS ARE LOCATED
OR, IF SAID DISTRICTS BE SITUATE IN MORE THAN ONE MUNICIPALITY, THE
GOVERNING BODIES THEREOF ACTING JOINTLY BY A MAJORITY VOTE OF THE
MEMBERS OF EACH SUCH GOVERNING BODIES, UPON A WRITTEN PETITION OF TWENTY
PERCENT OF THE RESIDENTS OF SUCH MUNICIPALITY OR MUNICIPALITIES, OR UPON
THE WRITTEN PETITION OF A MAJORITY OF THE MEMBERS OF THE BOARD OF EACH
DISTRICT PROPOSED TO BE INCLUDED WITHIN THE CONSOLIDATED DISTRICT MAY
CONSOLIDATE SUCH DISTRICTS AND ESTABLISH THE SAME INTO ONE DISTRICT
AFTER A PUBLIC HEARING THEREON. SUCH PETITION OR PETITIONS SHALL BE
SIGNED, AND ACKNOWLEDGED OR PROVED IN THE SAME MANNER AS A DEED TO BE
RECORDED, OR AUTHENTICATED IN THE MANNER PROVIDED BY THE ELECTION LAW
FOR THE AUTHENTICATION OF NOMINATING PETITIONS. NOTICE OF SUCH HEARING
SHALL BE GIVEN AND SUCH HEARING HELD AND THE SUBJECT MATTERS THEREOF
DETERMINED IN THE MANNER PROVIDED FOR HEARINGS UPON THE ESTABLISHMENT OF
DISTRICTS, EXCEPT THAT THE NOTICE OF HEARING SHALL STATE IN GENERAL
TERMS THE PURPOSES OF THE HEARING AND SPECIFY EACH OF THE EXISTING
DISTRICTS PROPOSED TO BE INCLUDED WITHIN THE CONSOLIDATED DISTRICT.
IN THE EVENT THAT AT THE TIME OF CONSOLIDATION, ANY DISTRICT INCLUDED
WITHIN THE CONSOLIDATED DISTRICT SHALL HAVE ANY INDEBTEDNESS, EITHER
BONDED OR TEMPORARY, SUCH DISTRICT SHALL CONTINUE TO EXIST IN LAW FOR
THE PURPOSE OF PAYING SUCH INDEBTEDNESS, AND THERE SHALL BE ANNUALLY
ASSESSED AND LEVIED UPON AND COLLECTED FROM THE TAXABLE REAL PROPERTY
WITHIN SUCH ORIGINAL DISTRICT, IN THE SAME MANNER AND AT THE SAME TIME
AND BY THE SAME OFFICERS AS MUNICIPAL TAXES ARE ASSESSED, LEVIED AND
COLLECTED, A SUM SUFFICIENT TO PAY SUCH INDEBTEDNESS AND INTEREST THERE-
ON AS THE SAME SHALL BECOME DUE. ALL THE REAL PROPERTY WITHIN THE
CONSOLIDATED DISTRICT SHALL BE LIABLE FOR THE PAYMENT OF INDEBTEDNESS
INCURRED FOR THE PURPOSES OF THE DISTRICT AFTER SUCH CONSOLIDATION. FOR
THE PURPOSES HEREOF, SUCH CONSOLIDATION SHALL BE DEEMED EFFECTIVE UPON
THE ADOPTION BY THE GOVERNING BODY OR BODIES OF THE RESOLUTION PROVIDING
THEREFOR, UNLESS SUCH RESOLUTION SHALL SPECIFY SOME OTHER DATE FOR SUCH
PURPOSE, IN WHICH CASE SUCH CONSOLIDATION SHALL BECOME EFFECTIVE ON THE
DATE SO SPECIFIED.
S 155. ALTERATION OF BOUNDARIES OF DISTRICTS. 1. IRRESPECTIVE OF THE
MANNER OF THEIR ORIGINAL ESTABLISHMENT, WHENEVER TWO OR MORE DISTRICTS
ADJOIN AND THE BOARDS OF EACH DISTRICT AFFECTED HAVE AGREED BY A WRITTEN
MEMORANDUM OF PROPOSED CHANGE TO ALTER THE BOUNDARIES OF SUCH DISTRICTS,
BUT NOT IN SUCH A MANNER AS TO INCLUDE TERRITORY NOT PREVIOUSLY SITUATE
WITHIN SUCH DISTRICTS, NOR TO EXCLUDE TERRITORY PREVIOUSLY SITUATE THER-
EIN, AND AFTER A PUBLIC HEARING THEREON, HELD JOINTLY BY SUCH DISTRICTS,
THE BOUNDARIES OF SUCH DISTRICTS MAY BE ALTERED IN ACCORDANCE WITH SUCH
MEMORANDUM OF PROPOSED CHANGE, BUT NOT UNTIL SUCH PROPOSED CHANGE HAS
BEEN APPROVED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH SUCH
DISTRICTS ARE LOCATED, OR IF LOCATED IN TWO OR MORE MUNICIPALITIES, BY
THE GOVERNING BODIES OF SUCH MUNICIPALITIES.
2. SUCH MEMORANDUM OF PROPOSED CHANGE SHALL BE SIGNED BY A MAJORITY OF
THE MEMBERS OF THE BOARD OF EACH DISTRICT AND SHALL BE ACKNOWLEDGED OR
PROVED IN THE SAME MANNER AS A DEED TO BE RECORDED. THE MEMBERS OF THE
BOARD OF EACH DISTRICT AFFECTED SHALL JOINTLY HOLD A PUBLIC HEARING UPON
SUCH MEMORANDUM OF PROPOSED CHANGE AND SHALL CAUSE A NOTICE THEREOF TO
BE PUBLISHED AT LEAST ONCE IN A NEWSPAPER HAVING GENERAL CIRCULATION IN
THE TERRITORY AFFECTED, THE FIRST PUBLICATION THEREOF TO BE NOT LESS
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THAN TEN DAYS NOR MORE THAN TWENTY DAYS BEFORE THE DAY DESIGNATED THERE-
IN FOR THE HEARING, AND THE SECRETARY OF THE DISTRICTS SHALL CAUSE
COPIES OF SUCH NOTICE TO BE POSTED CONSPICUOUSLY IN FIVE PUBLIC PLACES
IN THE DISTRICT AT LEAST TEN DAYS PRIOR TO THE DATE OF SUCH PUBLIC HEAR-
ING. IN THE EVENT THAT THE DISTRICT MAINTAINS A WEBSITE, ONE OF THE
POSTING REQUIREMENTS MAY BE FULFILLED BY POSTING SUCH INFORMATION ON THE
WEBSITE. SUCH NOTICE SHALL SPECIFY THE TIME WHEN AND THE PLACE WHERE THE
BOARDS OF THE DISTRICTS AFFECTED WILL MEET TO HEAR ALL PERSONS INTER-
ESTED IN THE SUBJECT CONCERNING THE SAME AND SHALL SPECIFY EACH DISTRICT
AFFECTED AND SHALL STATE IN GENERAL TERMS THE MANNER IN WHICH IT IS
PROPOSED TO ALTER THE BOUNDARIES THEREOF. COSTS OF PUBLICATION SHALL BE
BORNE EQUALLY BY EACH DISTRICT AFFECTED.
3. AFTER A HEARING HELD UPON NOTICE AND UPON THE EVIDENCE GIVEN THER-
EAT, THE BOARDS OF THE DISTRICTS AFFECTED SHALL DETERMINE BY JOINT
RESOLUTION:
(A) WHETHER ALL THE RESIDENTS WITHIN THE DISTRICTS ARE BENEFITED BY
SUCH CHANGE.
(B) WHETHER ALL THE RESIDENTS WITHIN THE AREA OF SUCH BOUNDARY CHANGE
ARE BENEFITED THEREBY.
(C) WHETHER IT IS IN THE PUBLIC INTEREST TO GRANT THE BOUNDARY LINE
CHANGES AS SET FORTH IN THE MEMORANDUM OF PROPOSED CHANGE.
IF AND WHEN THE BOARDS SHALL DETERMINE IN THE AFFIRMATIVE ALL OF THE
QUESTIONS SET FORTH IN THIS SUBDIVISION, THE BOARDS MAY ADOPT A RESOL-
UTION JOINTLY APPROVING THE BOUNDARY LINE CHANGES. SUCH JOINT RESOLUTION
AND MEMORANDUM OF PROPOSED CHANGE SHALL BE FILED WITH THE CLERK OF THE
MUNICIPALITY OR MUNICIPALITIES IN WHICH SUCH DISTRICTS ARE WHOLLY
LOCATED AND WITH THE ASSESSOR OF SUCH MUNICIPALITY OR MUNICIPALITIES.
4. THE PROPOSED CHANGE OF BOUNDARIES SHALL BE DEEMED TO HAVE BEEN
APPROVED PURSUANT TO THIS SECTION IN THE EVENT THAT NO ACTION IS TAKEN
BY THE GOVERNING BODY OR BODIES, EITHER APPROVING OR DISAPPROVING, WITH-
IN THIRTY DAYS OF RECEIPT OF THE MEMORANDUM OF PROPOSED CHANGE BY THE
CLERK OR CLERKS. IF THE GOVERNING BODY OR BODIES APPROVE SUCH PROPOSED
CHANGE, SUCH ALTERATION OF BOUNDARIES SHALL BE DEEMED EFFECTIVE UPON THE
DATE OF SUCH ADOPTION. IF THE GOVERNING BODY OF ANY ONE OF THE TWO OR
MORE MUNICIPALITIES IN WHICH THE DISTRICT IS LOCATED DISAPPROVE SUCH
PROPOSED CHANGE OF BOUNDARIES, THEN, WITHIN TEN DAYS AFTER THE ADOPTION
OF SUCH RESOLUTION DISAPPROVING SUCH CHANGE OF BOUNDARIES THE CLERK OF
THE MUNICIPALITY DISAPPROVING SUCH CHANGE SHALL NOTIFY THE DISTRICTS
INVOLVED. ANY DISTRICT BELIEVING ITSELF AGGRIEVED MAY WITHIN THIRTY DAYS
OF RECEIPT OF NOTIFICATION COMMENCE AN APPROPRIATE PROCEEDING IN THE
SUPREME COURT IN ACCORDANCE WITH ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES, NAMING THE MUNICIPAL GOVERNING BODY OR BODIES AS
RESPONDENTS.
5. IN THE EVENT THAT THE BOUNDARIES OF A DISTRICT HAVING INDEBTEDNESS,
EITHER BONDED OR TEMPORARY, SHALL BE ALTERED, SUCH DISTRICT SHALL
CONTINUE IN LAW AS IT EXISTED IMMEDIATELY PRIOR TO SUCH CHANGE OF BOUND-
ARIES FOR THE PURPOSE OF PAYING SUCH INDEBTEDNESS, AND THERE SHALL BE
ANNUALLY ASSESSED AND LEVIED UPON AND COLLECTED FROM THE TAXABLE REAL
PROPERTY WITHIN SUCH DISTRICT AS IT EXISTED IMMEDIATELY PRIOR TO SUCH
ALTERATION OF BOUNDARIES, IN THE SAME MANNER AND AT THE SAME TIME AND BY
THE SAME OFFICERS AS MUNICIPAL TAXES ARE ASSESSED, LEVIED AND COLLECTED,
A SUM SUFFICIENT TO PAY SUCH INDEBTEDNESS AND INTEREST THEREON AS THE
SAME SHALL BECOME DUE. ALL AND ONLY THE REAL PROPERTY WITHIN THE BOUNDA-
RIES OF THE DISTRICT AS THEY EXIST AFTER THE ALTERATION THEREOF SHALL BE
LIABLE FOR THE PAYMENT OF INDEBTEDNESS INCURRED FOR THE PURPOSES OF SUCH
DISTRICT AFTER SUCH ALTERATION. SUCH ALTERATION OF BOUNDARIES SHALL BE
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DEEMED EFFECTIVE UPON THE ADOPTION BY THE BOARDS OF THE AFFECTED
DISTRICTS OF THE RESOLUTION PROVIDING THEREFOR, UNLESS SUCH RESOLUTION
SHALL SPECIFY SOME OTHER DATE FOR SUCH PURPOSE, IN WHICH CASE SUCH
ALTERATION SHALL BE DEEMED EFFECTIVE UPON THE DATE SO SPECIFIED.
S 156. DIMINUTION OF DISTRICT BOUNDARIES. 1. IRRESPECTIVE OF THE
MANNER OF ITS ORIGINAL ESTABLISHMENT, WHENEVER A BOARD RESOLVES, BY A
TWO-THIRDS VOTE, TO DIMINISH THE BOUNDARIES OF A DISTRICT, SO AS TO
EXCLUDE TERRITORY PREVIOUSLY SITUATE WITHIN SUCH DISTRICT, AND AFTER A
PUBLIC HEARING THEREON, HELD JOINTLY BY THE DISTRICT AND THE MUNICI-
PALITY IN WHICH SUCH TERRITORY TO BE EXCLUDED IS SITUATE, THE BOUNDARIES
OF SUCH DISTRICT MAY BE ALTERED IN ACCORDANCE WITH SUCH RESOLUTION.
2. SUCH RESOLUTION OF PROPOSED DIMINUTION SHALL BE SIGNED BY
TWO-THIRDS OF THE MEMBERS OF THE BOARD AND SHALL BE ACKNOWLEDGED OR
APPROVED IN THE SAME MANNER AS A DEED TO BE RECORDED. THE MEMBERS OF THE
BOARD SHALL JOINTLY HOLD A PUBLIC HEARING WITH THE MEMBERS OF THE
GOVERNING BODY OF THE MUNICIPALITY IN WHICH SUCH TERRITORY IS LOCATED
AND SHALL CAUSE A NOTICE THEREOF TO BE PUBLISHED AT LEAST ONCE IN A
NEWSPAPER HAVING GENERAL CIRCULATION IN THE TERRITORY AFFECTED. THE
FIRST PUBLICATION THEREOF SHALL BE NOT LESS THAN TEN DAYS NOR MORE THAN
TWENTY DAYS BEFORE THE DAY DESIGNATED THEREIN FOR THE HEARING. SUCH
NOTICE SHALL SPECIFY THE TIME WHEN AND THE PLACE WHERE THE BOARD AND THE
GOVERNING BODY OF THE MUNICIPALITY WILL MEET TO HEAR ALL PERSONS INTER-
ESTED IN THE SUBJECT, AND SHALL SPECIFY THE TERRITORY AFFECTED. COST OF
PUBLICATION SHALL BE BORNE SOLELY BY THE DISTRICT.
3. AFTER A HEARING HELD UPON NOTICE AND UPON THE EVIDENCE GIVEN THER-
EAT, THE BOARD AND THE GOVERNING BODY OF THE MUNICIPALITY SHALL DETER-
MINE BY RESOLUTION:
(A) WHETHER ALL THE RESIDENTS WITHIN THE AREA PROPOSED TO BE EXCLUDED
FROM THE DISTRICT ARE BENEFITED THEREBY;
(B) WHETHER ALL THE RESIDENTS BENEFITED ARE INCLUDED WITHIN THE LIMITS
OF ANOTHER DISTRICT;
(C) WHETHER IT IS IN THE PUBLIC INTEREST TO GRANT IN WHOLE OR IN PART
THE DIMINUTION OF THE DISTRICT AND THE INCLUSION IN ANOTHER DISTRICT.
IF THE BOARD AND THE GOVERNING BODY OF THE MUNICIPALITY SHALL DETER-
MINE THAT IT IS IN THE PUBLIC INTEREST TO DIMINISH THE DISTRICT BUT
SHALL FIND THAT ANY PORTION OF THE RESIDENTS WITHIN THE PROPOSED AREA TO
BE EXCLUDED FROM THE DISTRICT ARE NOT BENEFITED THEREBY OR THAT CERTAIN
RESIDENTS BENEFITED THEREBY HAVE NOT BEEN INCLUDED IN ANOTHER DISTRICT,
THE BOARD AND THE GOVERNING BODY OF THE MUNICIPALITY SHALL SPECIFY THE
NECESSARY CHANGES OF THE BOUNDARIES OF THE AREA TO BE EXCLUDED FROM THE
DISTRICT AND THE BOUNDARIES OF THE OTHER DISTRICT IN ORDER THAT ONLY
SUCH RESIDENTS AS ARE BENEFITED, SHALL BE INCLUDED WITHIN SUCH PROPOSED
EXCLUDED AREA AND WITHIN THE OTHER DISTRICT, AND THE BOARD SHALL,
TOGETHER WITH THE GOVERNING BODY OF THE MUNICIPALITY, CALL A FURTHER
HEARING AT A DEFINITE PLACE AND TIME NOT LESS THAN FIFTEEN NOR MORE THAN
TWENTY-FIVE DAYS AFTER SUCH DETERMINATION. NOTICE OF SUCH FURTHER HEAR-
ING SHALL BE PUBLISHED IN THE MANNER PROVIDED IN THIS SECTION EXCEPT
THAT SUCH NOTICE SHALL ALSO SPECIFY THE MANNER IN WHICH IT IS PROPOSED
TO ALTER THE BOUNDARIES OF THE AREA TO BE EXCLUDED AND THE BOUNDARIES OF
THE OTHER DISTRICT. SUCH FURTHER HEARING SHALL BE CONDUCTED IN THE SAME
MANNER AS THE ORIGINAL HEARING. IF, AND WHEN, THE BOARD AND THE GOVERN-
ING BODY OF THE MUNICIPALITY SHALL DETERMINE IN THE AFFIRMATIVE ALL OF
THE QUESTIONS SET FORTH IN THIS SUBDIVISION, THE BOARD MAY ADOPT A
RESOLUTION APPROVING THE DIMINUTION OF THE DISTRICT AND THE GOVERNING
BODY OF THE MUNICIPALITY MAY ADOPT A RESOLUTION APPROVING THE INCLUSION
A. 771 7
OF SUCH TERRITORY IN ANOTHER DISTRICT, ALL AS THE BOUNDARIES SHALL BE
FINALLY DETERMINED.
S 157. FILING OF DETERMINATION. 1. WHENEVER THE GOVERNING BODY OR
BODIES SHALL ADOPT A RESOLUTION ESTABLISHING OR EXTENDING A DISTRICT, OR
CONSOLIDATING TWO OR MORE ADJOINING DISTRICTS, OR ALTERING THE BOUNDA-
RIES OF A DISTRICT, OR DISSOLVING A DISTRICT, THE MUNICIPAL CLERK OR
CLERKS SHALL CAUSE A CERTIFIED COPY OF SUCH RESOLUTION TO BE DULY
RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OR COUNTIES IN WHICH
SUCH DISTRICT, OR CONSOLIDATED OR ALTERED DISTRICTS ARE LOCATED, AND
SHALL, WITHIN TEN DAYS CAUSE A CERTIFIED COPY OF SUCH RESOLUTION TO BE
FILED IN THE DEPARTMENT OF AUDIT AND CONTROL AT ALBANY. WHEN SO
RECORDED, SUCH RESOLUTION SHALL BE PRESUMPTIVE EVIDENCE OF THE REGULARI-
TY OF THE ESTABLISHMENT, EXTENSION, CONSOLIDATION, DISSOLUTION OR ALTER-
ATION OF SUCH DISTRICT OR DISTRICTS. THE EXPENSE OF SUCH RECORDING SHALL
BE A CHARGE AGAINST THE DISTRICT OR DISTRICTS. THE SAID DETERMINATION
SHALL BE FINAL AND CONCLUSIVE UNLESS A PROCEEDING HAS BEEN COMMENCED FOR
REVIEW IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES WITHIN THIRTY DAYS FROM THE TIME OF RECORDING
THEREOF.
2. WHENEVER THE GOVERNING BODY OR BODIES SHALL ADOPT A RESOLUTION
ESTABLISHING OR EXTENDING A DISTRICT FOR WHICH IT IS PROPOSED THAT AN
EXPENDITURE IS TO BE FINANCED BY THE ISSUANCE OF BONDS, NOTES, CERTIF-
ICATES OR OTHER EVIDENCES OF INDEBTEDNESS OF THE DISTRICT, SUCH RESOL-
UTION OR DETERMINATION SHALL BE SUBMITTED TO THE STATE COMPTROLLER FOR
APPROVAL IN THE FOLLOWING MANNER:
(A) WITHIN TEN DAYS AFTER THE ADOPTION OF A RESOLUTION BY A GOVERNING
BODY OF A MUNICIPALITY APPROVING THE ESTABLISHMENT OR EXTENSION OF SUCH
A DISTRICT, THE MUNICIPAL CLERK SHALL FILE A CERTIFIED COPY OF SUCH
RESOLUTION, IN DUPLICATE, IN THE OFFICE OF THE DEPARTMENT OF AUDIT AND
CONTROL AT ALBANY, TOGETHER WITH AN APPLICATION, IN DUPLICATE, FOR
PERMISSION TO CREATE OR EXTEND SUCH DISTRICT AS THE CASE MAY BE. SUCH
APPLICATION SHALL BE EXECUTED AND VERIFIED BY THE GOVERNING BODY OF THE
MUNICIPALITY, AND SHALL INCLUDE THE FOLLOWING:
(1) A CERTIFIED COPY OF THE PETITION, IF THERE IS ONE, OMITTING,
HOWEVER, THE SIGNATURES AND ACKNOWLEDGMENTS OR PROOFS, OR AUTHENTICA-
TIONS.
(2) AN ITEMIZED STATEMENT OF THE EXISTING INDEBTEDNESS OF THE
DISTRICT, BOTH TEMPORARY AND BONDED.
(3) A STATEMENT OF THE AGGREGATE ASSESSED VALUATION OF THE TAXABLE
REAL PROPERTY SITUATED IN THE PROPOSED DISTRICT OR EXTENSION THEREOF,
AND, IF THERE IS A PETITION, OF THE PORTION THEREOF OWNED BY RESIDENT
OWNERS.
(B) WHENEVER SUCH AN APPLICATION SHALL BE FILED WITH THE DEPARTMENT OF
AUDIT AND CONTROL, THE STATE COMPTROLLER SHALL WITHIN FIVE DAYS THERE-
AFTER GIVE NOTICE THEREOF TO THE BOARD OF SUPERVISORS OF THE COUNTY IN
WHICH SUCH PROPOSED DISTRICT OR EXTENSION IS LOCATED BY FILING WITH THE
CLERK OF SUCH BOARD OF SUPERVISORS ONE COPY OF SUCH APPLICATION. AT ANY
TIME WITHIN FIFTEEN DAYS OF THE FILING OF THE APPLICATION, SAID BOARD OF
SUPERVISORS MAY FILE AN OBJECTION, IN WRITING, WITH THE DEPARTMENT OF
AUDIT AND CONTROL. IN ADDITION, THE STATE COMPTROLLER SHALL DETERMINE
WHETHER THE PUBLIC INTEREST WILL BE SERVED BY THE CREATION OR EXTENSION
OF THE DISTRICT AND ALSO WHETHER THE COST THEREOF WILL BE AN UNDUE
BURDEN UPON THE PROPERTY OF THE PROPOSED DISTRICT OR EXTENSION. THE
STATE COMPTROLLER MAY MAKE SUCH DETERMINATIONS UPON THE ORIGINAL OR ANY
AMENDED APPLICATION, OR IN HIS OR HER DISCRETION MAY REQUIRE THE
SUBMISSION OF ADDITIONAL INFORMATION OR DATA IN SUCH FORM AND DETAIL AS
A. 771 8
HE OR SHE SHALL DEEM SUFFICIENT, OR MAY CAUSE AN INVESTIGATION TO BE
MADE, TO AID HIM OR HER IN MAKING THE DETERMINATIONS.
3. UPON THE EXPIRATION OF FIFTEEN DAYS FROM THE DATE OF THE FILING OF
SUCH APPLICATION WITH THE CLERK OF THE BOARD OF SUPERVISORS AND UPON
REACHING A DETERMINATION, THE COMPTROLLER SHALL MAKE AN ORDER, IN DUPLI-
CATE, GRANTING OR DENYING PERMISSION FOR THE CREATION OR EXTENSION OF
THE DISTRICT AND SHALL FILE ONE COPY OF SUCH ORDER WITH THE DEPARTMENT
OF AUDIT AND CONTROL AT ALBANY, AND THE OTHER IN THE OFFICE OF THE CLERK
OF THE MUNICIPALITY IN WHICH THE PROPOSED DISTRICT OR EXTENSION IS
LOCATED. THE CLERK SHALL PRESENT SUCH ORDER TO THE GOVERNING BODY OF THE
MUNICIPALITY AT THE NEXT MEETING THEREOF.
4. IF THE STATE COMPTROLLER SHALL DENY PERMISSION FOR THE CREATION OR
EXTENSION OF THE DISTRICT, THE GOVERNING BODY SHALL FORTHWITH ADOPT AN
ORDER DENYING THE PETITION. IF THE STATE COMPTROLLER SHALL GRANT PERMIS-
SION THEREFOR OR IF PERMISSION OF THE STATE COMPTROLLER IS NOT REQUIRED,
THE GOVERNING BODY MAY ADOPT AN ORDER ESTABLISHING THE DISTRICT OR
EXTENSION AS THE BOUNDARIES SHALL BE FINALLY DETERMINED. THE CLERK SHALL
CAUSE CERTIFIED COPIES OF ITS RESOLUTION AND SUCH ORDER TO BE DULY
RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY OR COUNTIES IN WHICH
SUCH DISTRICT IS LOCATED. WHEN SO RECORDED SUCH RESOLUTION AND ORDER
SHALL BE PRESUMPTIVE EVIDENCE OF THE REGULARITY OF THE ESTABLISHMENT OR
EXTENSION OF SUCH DISTRICT. THE EXPENSE OF SUCH RECORDING SHALL BE A
CHARGE AGAINST THE DISTRICT. THE SAID DETERMINATION SHALL BE FINAL AND
CONCLUSIVE UNLESS A PROCEEDING FOR REVIEW IN THE MANNER PROVIDED BY
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES HAS BEEN
COMMENCED WITHIN THIRTY DAYS FROM THE TIME OF THE RECORDING THEREOF.
WITHIN TEN DAYS AFTER THE ADOPTION OF SUCH ORDER BY THE MUNICIPAL
GOVERNING BODY, ESTABLISHING THE DISTRICT OR EXTENSION, THE CLERK SHALL
CAUSE A CERTIFIED COPY OF SUCH ORDER TO BE FILED WITH THE DEPARTMENT OF
AUDIT AND CONTROL AT ALBANY.
S 158. BOARD MEMBERS. 1. (A) WHENEVER A DISTRICT SHALL BE ESTAB-
LISHED, WITHIN TEN DAYS THEREAFTER THE GOVERNING BODY OF THE MUNICI-
PALITY IN WHICH SUCH DISTRICT IS LOCATED OR, IN THE CASE OF A DISTRICT
INCLUDING TERRITORY IN TWO OR MORE MUNICIPALITIES, THE GOVERNING BODIES
OF SUCH MUNICIPALITIES ACTING JOINTLY BY A MAJORITY VOTE OF THE MEMBERS
OF EACH OF SUCH GOVERNING BODIES, SHALL APPOINT FIVE BOARD MEMBERS AND A
TREASURER FOR SUCH DISTRICT WHO SHALL HOLD THEIR RESPECTIVE OFFICES
UNTIL THE THIRTY-FIRST DAY OF DECEMBER NEXT SUCCEEDING; PROVIDED, HOWEV-
ER, THAT IF SUCH DISTRICT BE ESTABLISHED SUBSEQUENT TO THE FIRST DAY OF
OCTOBER IN ANY YEAR, THE OFFICERS SO APPOINTED BY THE GOVERNING BODY
SHALL HOLD OFFICE UNTIL THE THIRTY-FIRST DAY OF DECEMBER OF THE NEXT
SUCCEEDING CALENDAR YEAR. THE MUNICIPAL CLERK SHALL IMMEDIATELY NOTIFY
THE APPOINTEES OF THEIR APPOINTMENT AND OF THE TIME AND PLACE WHICH HE
OR SHE SHALL FIX FOR THE ORGANIZATION MEETING OF THE BOARD, WHICH MEET-
ING SHALL BE HELD NOT LATER THAN TEN DAYS AFTER THE APPOINTMENT OF SAID
OFFICERS. AT SUCH ORGANIZATION MEETING, THE TREASURER SHALL PRESIDE
UNTIL SUCH TIME AS A CHAIRMAN OF THE BOARD SHALL BE CHOSEN, BUT SUCH
TREASURER SHALL NOT BE ENTITLED TO A VOTE AT SUCH MEETING. THE BOARD
SHALL APPOINT A SECRETARY WHO SHALL HOLD OFFICE UNTIL THE THIRTY-FIRST
DAY OF DECEMBER FOLLOWING THE FIRST ELECTION OF BOARD MEMBERS.
(B) WHENEVER TWO OR MORE DISTRICTS SHALL HAVE BEEN CONSOLIDATED,
PURSUANT TO THIS ARTICLE, THE SEVERAL BOARD MEMBERS OF EACH OF SUCH
DISTRICTS SHALL CONSTITUTE THE BOARD THEREOF AND THE SEVERAL TREASURERS
OF SUCH DISTRICTS SHALL SERVE JOINTLY AS THE TREASURERS OF SUCH CONSOL-
IDATED DISTRICT, UNTIL THE THIRTY-FIRST DAY OF DECEMBER NEXT SUCCEEDING
THE FIRST ELECTION OF BOARD MEMBERS AND A TREASURER FOR SUCH CONSOL-
A. 771 9
IDATED DISTRICT, HELD PURSUANT TO SUBDIVISION TWO OF THIS SECTION. THE
TERMS OF OFFICE OF SUCH BOARD MEMBERS OF THE SEVERAL DISTRICTS SO
CONSOLIDATED SHALL TERMINATE ON SAID THIRTY-FIRST DAY OF DECEMBER NEXT
SUCCEEDING SUCH ELECTION.
2. THE FIRST ELECTION OF BOARD MEMBERS SHALL BE HELD ON THE SECOND
TUESDAY IN DECEMBER NEXT SUCCEEDING THE ESTABLISHMENT OR CONSOLIDATION
OF SUCH DISTRICT; PROVIDED, HOWEVER, THAT IF SUCH DISTRICT BE ESTAB-
LISHED OR CONSOLIDATED AT A TIME SUBSEQUENT TO THE FIRST DAY OF OCTOBER
IN ANY YEAR, THE FIRST ELECTION OF BOARD MEMBERS SHALL BE HELD ON THE
SECOND TUESDAY IN THE MONTH OF DECEMBER OF THE NEXT SUCCEEDING CALENDAR
YEAR. AT THE FIRST ANNUAL ELECTION OF BOARD MEMBERS, FIVE BOARD MEMBERS
SHALL BE ELECTED AND A TREASURER. THE PERSON RECEIVING THE GREATEST
NUMBER OF VOTES FOR BOARD MEMBER SHALL BE ELECTED FOR A TERM OF FIVE
YEARS; THE PERSON RECEIVING THE SECOND HIGHEST NUMBER OF VOTES SHALL BE
ELECTED FOR A TERM OF FOUR YEARS; THE PERSON RECEIVING THE THIRD HIGHEST
NUMBER OF VOTES SHALL BE ELECTED FOR A TERM OF THREE YEARS; THE PERSON
RECEIVING THE FOURTH HIGHEST NUMBER OF VOTES SHALL BE ELECTED FOR A TERM
OF TWO YEARS AND THE PERSON RECEIVING THE FIFTH HIGHEST NUMBER OF VOTES
SHALL BE ELECTED FOR A TERM OF ONE YEAR. IN THE EVENT THAT TWO PERSONS
SHALL RECEIVE THE SAME NUMBER OF VOTES THE TERMS OF OFFICE SHALL BE
DECIDED BY LOT. AT EACH SUBSEQUENT ELECTION OF BOARD MEMBERS A MEMBER
SHALL BE ELECTED FOR THE FULL TERM OF FIVE YEARS. IN THE EVENT THAT TWO
OR MORE PERSONS RECEIVE THE SAME NUMBER OF VOTES THEREAT, A SPECIAL
ELECTION BETWEEN THE TYING PARTIES RECEIVING THE HIGHEST NUMBER OF VOTES
TO FILL THE VACANCY SHALL BE HELD WITHIN FORTY-FIVE DAYS AFTER SUCH
ELECTION. THE TREASURER SHALL BE ELECTED FOR A TERM OF THREE YEARS. THE
SECRETARY SHALL BE APPOINTED BY THE BOARD AND SHALL SERVE FOR A PERIOD
OF ONE YEAR. THE SECRETARY IN OFFICE AT THE TIME SUCH ELECTION IS HELD
SHALL IMMEDIATELY NOTIFY THE MEMBERS ELECTED OF THEIR ELECTION AND THAT
AN ORGANIZATION MEETING WILL BE HELD ON THE DAY SPECIFIED IN SAID
NOTICE, WHICH SHALL NOT BE LATER THAN THE FIFTEENTH DAY OF JANUARY NEXT
ENSUING. AT SUCH ORGANIZATION MEETING, THE TREASURER SHALL PRESIDE UNTIL
SUCH TIME AS A CHAIRMAN OF THE BOARD SHALL BE CHOSEN, BUT SUCH TREASURER
SHALL NOT BE ENTITLED TO A VOTE AT SUCH MEETING.
3. THE BOARD MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES.
THE SECRETARY SHALL RECEIVE SUCH COMPENSATION AS THE BOARD MAY DETER-
MINE. THE TREASURER SHALL RECEIVE SUCH COMPENSATION AS THE BOARD MAY
DETERMINE. EACH TREASURER AND EACH SECRETARY SHALL BEFORE ENTERING UPON
THE DUTIES OF HIS OR HER OFFICE TAKE THE CONSTITUTIONAL OATH OF OFFICE
AND FILE THE SAME WITH THE CLERK OF THE MUNICIPALITY OR ONE OF THE MUNI-
CIPALITIES IN WHICH SUCH DISTRICT IS LOCATED. THE TREASURER OF EACH
DISTRICT SHALL BEFORE ENTERING UPON THE DUTIES OF HIS OR HER OFFICE,
EXECUTE AND FILE WITH THE CLERK OF THE MUNICIPALITY OR ONE OF THE MUNI-
CIPALITIES IN WHICH SUCH DISTRICT IS LOCATED, AN OFFICIAL UNDERTAKING,
CONDITIONED FOR THE FAITHFUL PERFORMANCE OF HIS OR HER DUTIES AND THAT
HE OR SHE WILL AND TRULY KEEP, PAY OVER AND ACCOUNT FOR ALL MONEYS OF
THE DISTRICT COMING INTO HIS OR HER HANDS AS TREASURER OF THE DISTRICT.
THE UNDERTAKING SHALL BE IN SUCH FORM, IN SUCH SUM AND WITH SUCH SURE-
TIES AS THE BOARD SHALL DIRECT AND APPROVE AND SUCH APPROVAL SHALL BE
INDICATED UPON SUCH UNDERTAKING.
4. WHEN THE POSITION OF DISTRICT TREASURER OR DISTRICT SECRETARY IS
APPOINTIVE, AND IF NO QUALIFIED RESIDENT OF THE DISTRICT IS WILLING TO
PERFORM THE DUTIES OF DISTRICT TREASURER OR DISTRICT SECRETARY, A PERSON
WHO IS A NONRESIDENT OF SUCH DISTRICT MAY BE APPOINTED AS DISTRICT TREA-
SURER OR DISTRICT SECRETARY.
A. 771 10
S 159. ELECTION OF BOARD MEMBERS. 1. AN ANNUAL ELECTION SHALL BE HELD
IN EACH DISTRICT ON THE SECOND TUESDAY IN DECEMBER. THE BOARD 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 DISTRICT SHALL PREPARE THE
BALLOTS FOR ALL ELECTIONS OF BOARD MEMBERS AND THE POLLS SHALL REMAIN
OPEN FOR THE RECEIPT THEREOF AT ALL ELECTIONS OF BOARD MEMBERS FROM
TWELVE O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING AND SUCH ADDI-
TIONAL CONSECUTIVE HOURS PRIOR THERETO AS THE BOARD OF SUCH DISTRICT MAY
HAVE DETERMINED AND SPECIFIED IN THE NOTICE THEREOF. THE BOARD SHALL
DESIGNATE A RESIDENT DISTRICT ELECTOR, WHO SHALL BE A REGISTERED VOTER
OF THE MUNICIPALITY, TO ACT AS CHAIRMAN OF ANY ELECTION OF SAID DISTRICT
AND SHALL DESIGNATE NOT LESS THAN TWO NOR MORE THAN FOUR RESIDENT
DISTRICT ELECTORS, WHO SHALL BE REGISTERED VOTERS OF THE MUNICIPALITY TO
ACT AS ELECTION INSPECTORS AND BALLOT CLERKS AT SUCH ELECTIONS. NO
MEMBER OF THE BOARD SHALL SERVE AS SUCH CHAIRMAN OR AS AN ELECTION
INSPECTOR OR BALLOT CLERK. THE BOARD 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 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 TWELVE
O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING, A SUM NOT TO EXCEED
THIRTY-FIVE DOLLARS FOR EACH SUCH OFFICIAL; IF ADDITIONAL CONSECUTIVE
HOURS PRIOR TO TWELVE O'CLOCK NOON ARE DETERMINED AND SPECIFIED IN THE
NOTICE OF ELECTION, A SUM NOT TO EXCEED FIFTY DOLLARS FOR EACH SUCH
OFFICIAL.
2. EVERY ELECTOR OF THE MUNICIPALITY WHO SHALL BE A REGISTERED VOTER
AND WHO SHALL HAVE RESIDED IN THE DISTRICT FOR THE PERIOD OF THIRTY DAYS
NEXT PRECEDING ANY ELECTION OF BOARD MEMBERS SHALL BE QUALIFIED TO VOTE
FOR SUCH MEMBERS. EVERY ELECTOR OF THE MUNICIPALITY WHO SHALL BE A
REGISTERED VOTER AND WHO SHALL HAVE RESIDED IN THE DISTRICT FOR THE
PERIOD OF THIRTY DAYS NEXT PRECEDING ANY ELECTION AT WHICH A PROPOSITION
SHALL BE SUBMITTED, SHALL BE QUALIFIED TO VOTE UPON SUCH PROPOSITION.
3. EVERY BOARD MEMBER, TREASURER AND SECRETARY MUST AT THE TIME OF HIS
OR HER ELECTION OR APPOINTMENT AND THROUGHOUT HIS OR HER TERM OF OFFICE
BE A RESIDENT OF SUCH DISTRICT.
4. THERE SHALL BE CONSPICUOUSLY PLACED, BY THE RESIDENT ELECTOR,
DISTANCE MARKERS AT A DISTANCE OF ONE HUNDRED FEET FROM THE POLLING
PLACE. SUCH DISTANCE MARKERS SHALL BE SO PLACED AT LEAST ONE-HALF HOUR
BEFORE THE OPENING OF THE POLLS AND SHALL REMAIN UNTIL SUCH POLLS ARE
CLOSED. THE ONE HUNDRED FOOT DISTANCE SHALL BE DEEMED TO INCLUDE A ONE
HUNDRED FOOT RADIAL MEASURED FROM THE ENTRANCES, DESIGNATED BY THE RESI-
DENT ELECTOR, TO A BUILDING WHERE SUCH ELECTION IS BEING HELD. WHILE
THE POLLS ARE OPEN NO PERSON SHALL DO ANY ELECTIONEERING WITHIN THE
POLLING PLACE, OR IN ANY PUBLIC STREET WITHIN THE ONE HUNDRED FOOT RADI-
AL, OR WITHIN SUCH DISTANCE IN ANY PLACE IN A PUBLIC MANNER. NO ELECTIO-
NEERING BANNER, BUTTON, POSTER OR PLACARD ON BEHALF OF OR IN OPPOSITION
TO ANY CANDIDATE OR ISSUE TO BE VOTED UPON SHALL BE ALLOWED IN OR UPON
THE POLLING PLACE OR WITHIN SUCH ONE HUNDRED FEET THEREFROM DURING THE
A. 771 11
ELECTION. ANY PERSON WHO WILLFULLY VIOLATES THE PROVISIONS OF THIS
SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR.
5. ALL OFFICIAL BALLOTS SHALL REMAIN IN THE CUSTODY OF ELECTION
INSPECTORS WITHIN THE POLLING PLACE FROM THE OPENING OF THE POLLS UNTIL
THE ANNOUNCEMENT OF THE RESULT OF THE CANVASS AND THE SIGNING OF THE
INSPECTORS' RETURNS THEREOF. AFTER THE POLLS SHALL HAVE BEEN CLOSED AT
ANY ELECTION HELD FOR THE ELECTION OF BOARD MEMBERS OR TO VOTE UPON A
PROPOSITION, THE ELECTION INSPECTORS AND BALLOT CLERKS SHALL IMMEDIATELY
CANVASS PUBLICLY THE BALLOTS CAST AND THE CHAIRMAN OF THE ELECTION SHALL
PUBLICLY ANNOUNCE THE RESULT. WITHIN SEVENTY-TWO HOURS THEREAFTER, THE
CHAIRMAN, ELECTION INSPECTORS AND BALLOT CLERKS SHALL EXECUTE AND FILE A
CERTIFICATE OF THE RESULT OF THE CANVASS WITH THE BOARD AND WITH THE
CLERK OF EACH MUNICIPALITY IN WHICH SAID DISTRICT OR ANY PART THEREOF
MAY BE LOCATED.
6. IF IN ANY DISTRICT THE NUMBER OF VOTERS IS SO GREAT AS TO RENDER IT
INEXPEDIENT OR IMPOSSIBLE TO CONDUCT THE ELECTION AT ONE POLLING PLACE,
THE BOARD MAY DIVIDE THE DISTRICT INTO ELECTION DISTRICTS AND PROVIDE A
POLLING PLACE FOR EACH SUCH ELECTION DISTRICT, PROVIDED, HOWEVER, THAT
THE NUMBER OF ELECTION DISTRICTS IN ANY 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 POLL-
ING PLACES WILL BE LOCATED, AND THE BOARD SHALL DESIGNATE NOT LESS THAN
TWO NOR MORE THAN FOUR RESIDENT DISTRICT ELECTORS, WHO SHALL BE REGIS-
TERED VOTERS OF THE MUNICIPALITY, TO ACT AS ELECTION INSPECTORS AND
BALLOT CLERKS AT EACH SUCH POLLING PLACE. THE BOARD MAY ADOPT A RESOL-
UTION 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 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 TWELVE
O'CLOCK NOON UNTIL NINE O'CLOCK IN THE EVENING, A SUM NOT TO EXCEED
THIRTY-FIVE DOLLARS FOR EACH SUCH OFFICIAL; IF ADDITIONAL CONSECUTIVE
HOURS PRIOR TO TWELVE O'CLOCK NOON 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 DISTRICT SHALL SERVE AS AN ELECTION
INSPECTOR OR BALLOT CLERK.
S 159-A. REGISTRATION FOR VOTERS. 1. THE BOARD OF ANY DISTRICT MAY
PROVIDE BY RESOLUTION, THAT A PROPOSITION BE SUBMITTED AT ANY ANNUAL
DISTRICT ELECTION PROVIDING THAT ADDITIONAL PERSONAL REGISTRATION OF
VOTERS NOT REGISTERED WITH THE BOARD OF ELECTIONS SHALL BE PERMITTED FOR
ALL ELECTIONS IN SUCH DISTRICT. SUCH ADDITIONAL PERSONAL REGISTRATION
MAY BE TERMINATED BY A RESOLUTION OF THE BOARD AND THE PASSAGE OF A
PROPOSITION AT ANY ANNUAL DISTRICT ELECTION.
2. REGISTRATION FOR ALL DISTRICT ELECTIONS SHALL BE CONDUCTED AS
FOLLOWS:
(A) ONLY THOSE PERSONS REGISTERED WITH THE BOARD OF ELECTIONS ON OR
BEFORE THE TWENTY-THIRD DAY BEFORE SUCH ELECTION AND THOSE PERSONS WHOSE
NAMES ARE PLACED ON THE DISTRICT REGISTER PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL BE ENTITLED TO VOTE IN SUCH DISTRICT.
(B) IN DISTRICTS IN WHICH THERE IS ADDITIONAL PERSONAL REGISTRATION,
THE BOARD SHALL PUBLISH A RESOLUTION AT LEAST TWENTY-SEVEN DAYS PRIOR TO
ELECTION DAY, WHICH SHALL DESIGNATE THE DATES PRIOR TO REGISTRATION DAY
ON WHICH THE INSPECTORS OF ELECTION SHALL MEET TO COMMENCE THE PREPARA-
TION OF THE REGISTER; THE PLACE IN EACH DISTRICT WHERE SUCH MEETINGS,
REGISTRATION, IF ANY, AND ELECTION SHALL BE HELD; THE HOURS FOR SUCH
A. 771 12
MEETINGS, REGISTRATION, IF ANY, AND ELECTION; BUT IN NO EVENT SHALL THE
HOURS FOR REGISTRATION BE LESS THAN THE HOURS FROM TWELVE O'CLOCK NOON
UNTIL NINE O'CLOCK IN THE EVENING. SUCH RESOLUTION SHALL BE ADOPTED AT
LEAST THIRTY DAYS PRIOR TO ELECTION DAY.
(C) IN A DISTRICT WHOSE ELECTORS HAVE APPROVED ADDITIONAL PERSONAL
REGISTRATION, SUCH REGISTRATION SHALL BE HELD ON THE SEVENTEENTH DAY
PRIOR TO THE ANNUAL DISTRICT ELECTION, EXCEPT IN THOSE DISTRICTS WHICH
PROVIDE BY RESOLUTION ADOPTED AT LEAST THIRTY-SEVEN DAYS PRIOR TO THE
DATE OF THE FIRST ELECTION FOR WHICH IT SHALL BE EFFECTIVE, FOR AN ADDI-
TIONAL DAY OF REGISTRATION TO BE HELD ON THE NINETEENTH DAY PRIOR TO THE
ANNUAL DISTRICT ELECTION. SUCH RESOLUTION SHALL REMAIN IN EFFECT FOR
SUBSEQUENT ANNUAL ELECTIONS, UNLESS AMENDED, MODIFIED OR REPEALED.
3. THE REGISTER FOR THE ANNUAL DISTRICT ELECTION SHALL BE PREPARED IN
EACH DISTRICT BY THE INSPECTORS OF ELECTION THEREOF ON THE DAYS PRIOR TO
REGISTRATION DAY, IF ANY, DESIGNATED THEREFOR, ON THE REGISTRATION DAY,
IF ANY, AT THE TIMES AND PLACES DESIGNATED BY THE RESOLUTION OF THE
BOARD. IN PREPARING SUCH REGISTER, THE INSPECTORS OF ELECTION SHALL
COMPLY WITH THE FOLLOWING PROCEDURE:
(A) THEY SHALL ADOPT, USE OR COPY FROM, THE REGISTRATION LIST CERTI-
FIED AND SUPPLIED BY THE COUNTY BOARD OF ELECTIONS THE NAMES APPEARING
THEREON OF ALL PERSONS RESIDING IN THE DISTRICT AND QUALIFIED TO VOTE IN
SUCH FORTHCOMING ANNUAL DISTRICT ELECTION AND IN THOSE INSTANCES IN
WHICH ADDITIONAL PERSONS ARE ENTITLED TO REGISTER PURSUANT TO THIS
SECTION, SUCH REGISTER SHALL BE COMPLETED BY ADDING THERETO THE NAMES OF
THE PERSONS PERSONALLY APPEARING BEFORE THEM AND PROVIDING TO THEIR
SATISFACTION TO THEN BE OR AT THE TIME OF ELECTION QUALIFIED TO VOTE.
(B) THE REGISTER FOR EACH DISTRICT SHALL INCLUDE AS A MINIMUM THE
SPACE FOR THE NAME OF THE VOTER, HIS OR HER ADDRESS WITHIN THE DISTRICT
AND A SPACE FOR HIS OR HER SIGNATURE TO BE SIGNED BY THE VOTER ON
ELECTION DAY. SUCH REGISTER SHALL ALSO CONTAIN A SPACE FOR THE SIGNATURE
OF THE VOTER TO BE SIGNED BY SUCH VOTER ON REGISTRATION DAY, IF ANY. IF
THE REGISTER SHALL CONTAIN ONLY SPACE FOR THE NAME, ADDRESS AND SIGNA-
TURE OF THE VOTER, THE DISTRICT SECRETARY SHALL FURNISH A PRINTED
CERTIFICATE TO BE SIGNED BY THE VOTER WHO APPEARS PERSONALLY BEFORE THE
INSPECTORS OF ELECTION ON REGISTRATION DAY IF HIS OR HER NAME DOES NOT
ALREADY APPEAR ON THE REGISTER. SUCH CERTIFICATE SHALL CONTAIN A STATE-
MENT THAT THE PERSON POSSESSES ALL THE NECESSARY QUALIFICATIONS FOR
VOTING IN DISTRICT ELECTIONS. SUCH CERTIFICATE SHALL BE ACCEPTED FOR ALL
PURPOSES AS THE EQUIVALENT OF AN AFFIDAVIT, AND IF IT CONTAINS A MATERI-
AL FALSE STATEMENT, SHALL SUBJECT THE PERSON SIGNING IT TO THE SAME
PENALTY AS IF HE OR SHE HAD BEEN DULY SWORN, AND SUCH PROVISION SHALL BE
PRINTED IN BOLD TYPE DIRECTLY ABOVE THE SIGNATURE LINE OF THE CERTIF-
ICATE.
4. THE DISTRICT SECRETARY SHALL FURNISH THE INSPECTORS OF ELECTION, AT
DISTRICT EXPENSE, WITH ALL NECESSARY REGISTRATION BOOKS, PAPERS, EQUIP-
MENT AND SUPPLIES.
5. REGISTRATION FOR SPECIAL DISTRICT ELECTIONS SHALL BE HELD IN THE
SAME MANNER AS IS PROVIDED IN THIS SECTION FOR ANNUAL DISTRICT
ELECTIONS, AND REGISTRATION DAYS THEREFOR SHALL BE THE SAME AS IF SAID
SPECIAL DISTRICT ELECTION WERE THE ANNUAL DISTRICT ELECTION.
6. IN LIEU OF THE PROVISIONS FOR DESIGNATING THE CHAIRMAN, ELECTION
INSPECTORS AND BALLOT CLERKS, AS SET FORTH IN SUBDIVISION ONE OF SECTION
ONE HUNDRED FIFTY-NINE OF THIS ARTICLE, THE BOARD SHALL, BY RESOLUTION
ADOPTED AT LEAST FORTY DAYS PRIOR TO THE ANNUAL DISTRICT ELECTION,
DESIGNATE A RESIDENT DISTRICT ELECTOR TO ACT AS CHAIRMAN OF ANY ELECTION
OF SAID DISTRICT AND SHALL DESIGNATE NOT LESS THAN TWO NOR MORE THAN
A. 771 13
FOUR RESIDENT DISTRICT ELECTORS TO ACT AS ELECTION INSPECTORS AND BALLOT
CLERKS IN SUCH ELECTION. SUCH RESOLUTION SHALL FIX THE COMPENSATION OF
THE CHAIRMAN AND INSPECTORS AND, IN ADDITION, THE BOARD MAY PROVIDE FOR
ALTERNATE INSPECTORS WHO SHALL ASSUME THE OFFICE OF INSPECTOR UPON THE
INABILITY OR REFUSAL OF AN INSPECTOR TO ASSUME OR PERFORM HIS OR HER
DUTIES AND FOR ANY CLERICAL HELP WHICH THEY MAY DEEM NECESSARY. SUCH
CLERICAL HELP SHALL PERFORM THEIR DUTIES UNDER THE DIRECTION AND CONTROL
OF THE CHAIRMAN AND INSPECTORS OF ELECTION.
S 159-B. ABSENTEE BALLOTS. 1. THE BOARD OF ANY DISTRICT IN WHICH
OFFICERS ARE ELECTED, MAY, BY RESOLUTION, PROVIDE FOR ABSENTEE BALLOTS
FOR DISTRICT ELECTIONS, IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH RESOLUTION SHALL TAKE EFFECT AT THE FIRST SUCH ELECTION
HELD MORE THAN SIXTY DAYS AFTER ITS ADOPTION AND SHALL CONTINUE IN
EFFECT FOR ALL SUCH ELECTIONS UNTIL A SUBSEQUENT RESOLUTION PROVIDING
OTHERWISE SHALL, IN LIKE MANNER, HAVE TAKEN EFFECT.
2. A. AN APPLICANT FOR SUCH AN ABSENTEE BALLOT SHALL SUBMIT AN APPLI-
CATION SETTING FORTH (1) HIS OR HER NAME AND RESIDENCE ADDRESS, INCLUD-
ING THE STREET AND NUMBER, IF ANY, OR CITY, TOWN OR VILLAGE AND RURAL
DELIVERY ROUTE, IF ANY; (2) THAT HE OR SHE IS OR WILL BE, ON THE DAY OF
THE ELECTION, A QUALIFIED VOTER OF THE DISTRICT IN WHICH HE OR SHE
RESIDES IN THAT HE OR SHE IS OR WILL BE, ON SUCH DATE, OVER EIGHTEEN
YEARS OF AGE, A CITIZEN OF THE UNITED STATES AND HAS OR WILL HAVE
RESIDED IN THE DISTRICT FOR THIRTY DAYS NEXT PRECEDING SUCH DATE; (3)
THAT HE OR SHE IS REGISTERED IN THE MUNICIPALITY; (4) THAT HE OR SHE
WILL BE UNABLE TO APPEAR TO VOTE IN PERSON ON THE DAY OF THE ELECTION
FOR WHICH THE ABSENTEE BALLOT IS REQUESTED BECAUSE HE OR SHE IS, OR WILL
BE ON SUCH DAY (A) A PATIENT IN A HOSPITAL, OR UNABLE TO APPEAR
PERSONALLY AT THE POLLING PLACE ON SUCH DAY BECAUSE OF ILLNESS OR PHYS-
ICAL DISABILITY OR (B) BECAUSE HIS OR HER DUTIES, OCCUPATION OR BUSINESS
WILL REQUIRE HIM OR HER TO BE OUTSIDE OF THE COUNTY OF HIS OR HER RESI-
DENCE ON SUCH DAY, (C) BECAUSE HE OR SHE WILL BE ON VACATION OUTSIDE THE
COUNTY OF HIS OR HER RESIDENCE ON SUCH DAY; OR, (D) ABSENT FROM HIS OR
HER VOTING RESIDENCE BECAUSE HE OR SHE IS DETAINED IN JAIL AWAITING
ACTION BY A GRAND JURY OR AWAITING TRIAL OR IS CONFINED IN PRISON AFTER
CONVICTION FOR AN OFFENSE OTHER THAN A FELONY. SUCH APPLICATION MUST BE
RECEIVED BY THE DISTRICT SECRETARY AT LEAST SEVEN DAYS BEFORE THE
ELECTION IF THE BALLOT IS TO BE MAILED TO THE VOTER, OR THE DAY BEFORE
THE ELECTION, IF THE BALLOT IS TO BE DELIVERED PERSONALLY TO THE VOTER
OR HIS OR HER AGENT.
B. (1) WHERE SUCH DUTIES, OCCUPATION OR BUSINESS ARE OF SUCH A
NATURE AS ORDINARILY TO REQUIRE SUCH ABSENCE, A BRIEF DESCRIPTION OF
SUCH DUTIES, OCCUPATION OR BUSINESS SHALL BE SET FORTH IN SUCH AFFIDA-
VIT. (2) WHERE SUCH DUTIES, OCCUPATION OR BUSINESS ARE NOT OF SUCH A
NATURE AS ORDINARILY TO REQUIRE SUCH ABSENCE, SUCH APPLICATION SHALL
CONTAIN A STATEMENT OF THE SPECIAL CIRCUMSTANCES ON ACCOUNT OF WHICH
SUCH ABSENCE IS REQUIRED.
C. WHERE THE APPLICANT EXPECTS IN GOOD FAITH TO BE ABSENT ON THE DAY
OF THE ELECTION BECAUSE HE OR SHE WILL BE ON VACATION ELSEWHERE ON SUCH
DAY, SUCH APPLICATION SHALL ALSO CONTAIN THE DATES UPON WHICH HE OR SHE
EXPECTS TO BEGIN AND END SUCH VACATION, THE PLACE OR PLACES WHERE HE OR
SHE EXPECTS TO BE ON SUCH VACATION, THE NAME AND ADDRESS OF HIS OR HER
EMPLOYER, IF ANY, AND IF SELF-EMPLOYED, A STATEMENT TO THAT EFFECT.
D. WHERE THE ABSENCE IS BECAUSE OF DETENTION OR CONFINEMENT TO JAIL,
SUCH AFFIDAVIT SHALL STATE WHETHER THE VOTER IS DETAINED AWAITING ACTION
OF THE GRAND JURY OR IS CONFINED AFTER CONVICTION FOR AN OFFENSE OTHER
THAN A FELONY.
A. 771 14
E. WHERE A PERSON IS OR WOULD BE, IF HE OR SHE WERE A QUALIFIED
VOTER, ENTITLED TO APPLY FOR THE RIGHT TO VOTE BY ABSENTEE BALLOT UNDER
THE PROVISIONS OF THIS SECTION, HIS OR HER SPOUSE, PARENT OR CHILD, IF A
QUALIFIED VOTER AND A RESIDENT OF THE SAME DISTRICT, SHALL BE ENTITLED
TO VOTE AS AN ABSENTEE VOTER UPON PERSONALLY MAKING AND SIGNING AN
APPLICATION IN ACCORDANCE WITH THE PRECEDING PROVISIONS OF THIS SUBDIVI-
SION AND SHOWING THAT HE OR SHE EXPECTS TO BE ABSENT FROM THE DISTRICT
ON THE DAY OF THE DISTRICT ELECTION BY REASON OF ACCOMPANYING OR BEING
WITH THE SPOUSE, CHILD OR PARENT WHO IS OR WOULD BE, IF HE OR SHE WERE A
QUALIFIED VOTER, SO ENTITLED TO APPLY FOR THE RIGHT TO VOTE BY ABSENTEE
BALLOT, AND, IN THE EVENT NO APPLICATION IS MADE BY SUCH SPOUSE, CHILD
OR PARENT, SUCH FURTHER INFORMATION AS THE FIRE DISTRICT SHALL REQUIRE.
F. SUCH APPLICATION SHALL INCLUDE THE FOLLOWING STATEMENT TO BE
SIGNED BY THE VOTER.
I HEREBY DECLARE THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF
MY KNOWLEDGE AND BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL
FALSE STATEMENT IN THE FOREGOING STATEMENT OF APPLICATION FOR ABSENTEE
BALLOTS, I SHALL BE GUILTY OF A MISDEMEANOR.
DATE.....................SIGNATURE OF VOTER.............
G. AN APPLICANT WHOSE ABILITY TO APPEAR PERSONALLY AT THE POLLING
PLACE OF THE DISTRICT OF WHICH HE OR SHE IS A QUALIFIED VOTER IS
SUBSTANTIALLY IMPAIRED BY REASON OF PERMANENT ILLNESS OR PHYSICAL DISA-
BILITY AND WHOSE REGISTRATION RECORD HAS BEEN MARKED "PERMANENTLY DISA-
BLED" BY THE BOARD OF ELECTIONS PURSUANT TO THE PROVISIONS OF THE
ELECTION LAW SHALL BE ENTITLED TO RECEIVE AN ABSENTEE BALLOT PURSUANT TO
THE PROVISIONS OF THIS SECTION WITHOUT MAKING SEPARATE APPLICATION FOR
SUCH ABSENTEE BALLOT, AND THE SECRETARY OF THE DISTRICT, UPON BEING
ADVISED BY THE BOARD OF ELECTIONS ON OR WITH THE LIST OF REGISTERED
VOTERS THAT THE REGISTRATION RECORD OF A VOTER IS MARKED "PERMANENTLY
DISABLED", SHALL SEND AN ABSENTEE BALLOT TO SUCH VOTER AT HIS OR HER
LAST KNOWN ADDRESS BY FIRST CLASS MAIL WITH A REQUEST TO THE POSTAL
AUTHORITIES NOT TO FORWARD SAME BUT TO RETURN SAME IN FIVE DAYS IN THE
EVENT THAT IT CANNOT BE DELIVERED TO THE ADDRESSEE. THE ELECTION
INSPECTORS OF THE DISTRICT SHALL MAKE AN APPROPRIATE ENTRY ON THE REGIS-
TRATION RECORD INDICATING THE FACT THAT AN ABSENTEE BALLOT HAS BEEN SENT
AND THE DATE OF MAILING.
3. IF, UPON EXAMINING THE APPLICATION REQUIRED UNDER THE PROVISIONS
OF SUBDIVISION TWO OF THIS SECTION, AND UPON SUCH INQUIRY AS IT DEEMS
PROPER, THE ELECTION INSPECTORS OF THE DISTRICT SHALL BE SATISFIED THAT
THE APPLICANT IS A QUALIFIED VOTER OF THE DISTRICT, AND ENTITLED TO VOTE
BY ABSENTEE BALLOT, SUCH ELECTION INSPECTORS SHALL PLACE HIS OR HER NAME
UPON A LIST, THEREUPON THE APPLICANT SHALL BE ISSUED OR MAILED AN ABSEN-
TEE VOTER'S BALLOT AND THE ELECTION INSPECTORS OF THE DISTRICT SHALL
MAKE AN APPROPRIATE ENTRY ON THE LIST INDICATING THAT AN ABSENTEE BALLOT
HAS BEEN APPLIED FOR BY, AND ISSUED TO, THE APPLICANT.
4. BALLOTS FOR ABSENTEE VOTERS SHALL BE, AS NEARLY AS PRACTICABLE, IN
THE SAME FORM AS THOSE TO BE VOTED AT THE DISTRICT ELECTION; IF THE VOTE
AT SUCH ELECTION SHALL BE BY BALLOT, THE ABSENTEE BALLOT SHALL CONFORM
TO THAT PART OF THE REGULAR BALLOT WHICH RELATES TO THE ELECTION OF
BOARD MEMBERS; IF THE VOTE OF SUCH ELECTION SHALL BE BY VOTING MACHINE,
THE ABSENTEE BALLOT SHALL CONFORM AS CLOSELY AS POSSIBLE TO THE MANNER
IN WHICH THE NAMES OF THE CANDIDATES APPEAR ON THE VOTING MACHINES,
EXCEPT THAT THE ABSENTEE BALLOT SHALL ALSO CONTAIN A SPACE FOR A WRITE-
IN OR WRITE-INS. ON THE BACK OF SUCH ABSENTEE BALLOTS SHALL BE PRINTED
THE WORDS "OFFICIAL BALLOT, ABSENTEE VOTER," FOLLOWED BY THE WORDS "FOR
MEMBERS OF BOARD OF TRUSTEES OF LIBRARY DISTRICT."
A. 771 15
5. A. THE BOARD OF REGISTRATION SHALL ENCLOSE EACH ABSENTEE VOTER'S
BALLOT IN AN ENVELOPE WHICH SHALL BE LABELLED:
ELECTION MATERIAL
PLEASE EXPEDITE
ON ONE SIDE OF SUCH ENVELOPE SHALL BE PRINTED:
OFFICIAL BALLOT, ABSENTEE VOTER
AT
LIBRARY DISTRICT ELECTION
NAME OF VOTER.........................................
RESIDENCE (STREET AND NUMBER, IF ANY).................
CITY (OR TOWN) OF.....................................
COUNTY OF.............................................
LIBRARY DISTRICT......................................
THE DATE OF THE ELECTION AND NAME OF THE DISTRICT SHALL BE PRINTED,
AND THE NAME OF THE VOTER, RESIDENCE AND DISTRICT SHALL BE WRITTEN IN BY
THE DISTRICT.
B. ON THE REVERSE SIDE OF SUCH ENVELOPE SHALL BE PRINTED THE FOLLOW-
ING STATEMENT:
STATEMENT OF ABSENTEE VOTER
I DO DECLARE THAT I WILL HAVE BEEN A CITIZEN OF THE UNITED STATES FOR
THIRTY DAYS, AND WILL BE AT LEAST EIGHTEEN YEARS OF AGE, ON THE DATE OF
THE DISTRICT ELECTION; THAT I WILL HAVE BEEN A RESIDENT OF THIS STATE
AND OF THE DISTRICT IF ANY, SHOWN ON THE REVERSE SIDE OF THIS ENVELOPE
FOR THIRTY DAYS NEXT PRECEDING THE SAID ELECTION AND THAT I AM OR ON
SUCH DATE WILL BE, A REGISTERED VOTER OF SAID DISTRICT; THAT I WILL BE
UNABLE TO APPEAR PERSONALLY ON THE DAY OF SAID DISTRICT ELECTION AT THE
POLLING PLACE OF THE SAID DISTRICT IN WHICH I AM OR WILL BE A QUALIFIED
VOTER BECAUSE OF THE REASON STATED ON MY APPLICATION HERETOFORE SUBMIT-
TED; THAT I HAVE NOT QUALIFIED, OR DO I INTEND TO VOTE, ELSEWHERE THAN
AS SET FORTH ON THE REVERSE SIDE OF THIS ENVELOPE; THAT I HAVE NOT
RECEIVED OR OFFERED, DO NOT EXPECT TO RECEIVE, HAVE NOT PAID, OFFERED OR
PROMISED TO PAY, CONTRIBUTED, OFFERED OR PROMISED TO CONTRIBUTE TO
ANOTHER TO BE PAID OR USED, ANY MONEY OR OTHER VALUABLE THING, AS A
COMPENSATION OR REWARD FOR THE GIVING OR WITHHOLDING OF A VOTE AT THIS
DISTRICT ELECTION, AND HAVE NOT MADE ANY PROMISE TO INFLUENCE THE GIVING
OR WITHHOLDING OF ANY SUCH VOTES; THAT I HAVE NOT MADE OR BECOME DIRECT-
LY OR INDIRECTLY INTERESTED IN ANY BET OR WAGER DEPENDING UPON THE
RESULT OF THIS DISTRICT ELECTION; AND THAT I HAVE NOT BEEN CONVICTED OF
BRIBERY OR ANY INFAMOUS CRIME, OR, IF SO CONVICTED, THAT I HAVE BEEN
PARDONED OR RESTORED TO ALL THE RIGHTS OF A CITIZEN, WITHOUT RESTRICTION
AS TO THE RIGHT OF SUFFRAGE, OR RECEIVED A CERTIFICATE OF GOOD CONDUCT
GRANTED BY THE BOARD OF PAROLE PURSUANT TO THE PROVISIONS OF THE EXECU-
TIVE LAW REMOVING MY DISABILITY TO REGISTER AND VOTE.
I HEREBY DECLARE THAT THE FOREGOING IS A TRUE STATEMENT TO THE BEST OF
MY KNOWLEDGE AND BELIEF, AND I UNDERSTAND THAT IF I MAKE ANY MATERIAL
FALSE STATEMENT IN THE FOREGOING STATEMENT OF ABSENTEE VOTER, I SHALL BE
GUILTY OF A MISDEMEANOR.
DATE..............SIGNATURE OF VOTER..................
C. THE ENVELOPE SHALL BE GUMMED, READY FOR SEALING, AND SHALL HAVE
PRINTED THEREON, ON THE SIDE OPPOSITE THE STATEMENT, INSTRUCTIONS AS TO
THE DUTIES OF THE VOTER AFTER THE MARKING OF THE BALLOT, WHICH
INSTRUCTIONS SHALL INCLUDE A SPECIFIC DIRECTION STATING THAT THE ENVEL-
OPE MUST REACH THE OFFICE OF THE DISTRICT NOT LATER THAN FIVE P.M. ON
THE DAY OF THE ELECTION IN ORDER THAT HIS OR HER VOTE MAY BE CANVASSED.
A. 771 16
D. A PERSON WHO SHALL MAKE ANY MATERIAL FALSE STATEMENT IN THE STATE-
MENT OF ABSENTEE VOTER APPEARING ON THE REVERSE SIDE OF THE ENVELOPE AS
PROVIDED IN THIS SUBDIVISION, SHALL BE GUILTY OF A MISDEMEANOR.
6. A. THE SECRETARY OF THE DISTRICT SHALL MAKE A LIST OF ALL PERSONS
TO WHOM ABSENTEE VOTER'S BALLOTS SHALL HAVE BEEN ISSUED AND KEEP SUCH
LIST ON FILE IN THE OFFICE WHERE IT SHALL BE AVAILABLE FOR PUBLIC
INSPECTION DURING REGULAR OFFICE HOURS UNTIL THE DAY OF THE ELECTION.
ANY QUALIFIED VOTER MAY, UPON EXAMINATION OF SUCH LIST, FILE A WRITTEN
CHALLENGE OF THE QUALIFICATIONS AS A VOTER OF ANY PERSON WHOSE NAME
APPEARS ON SUCH LIST, STATING THE REASONS FOR SUCH CHALLENGE. SUCH
WRITTEN CHALLENGE SHALL BE TRANSMITTED BY THE SECRETARY TO THE INSPEC-
TORS OF ELECTION ON ELECTION DAY.
B. SUCH LIST SHALL ALSO BE POSTED IN A CONSPICUOUS PLACE OR PLACES
DURING THE ELECTION, AND ANY QUALIFIED VOTER MAY CHALLENGE THE ACCEPT-
ANCE OF THE ABSENTEE VOTER'S BALLOT OF ANY PERSON ON SUCH LIST, BY
MAKING HIS OR HER CHALLENGE AND THE REASONS THEREFOR KNOWN TO THE
ELECTION INSPECTORS BEFORE THE CLOSE OF THE POLLS.
7. A. THE SECRETARY OF THE DISTRICT SHALL BE AUTHORIZED TO CALL UPON
THE CHIEF OF POLICE OR THE COUNTY SHERIFF AND THE OFFICERS AND MEMBERS
OF THE POLICE FORCE OR SHERIFF'S DEPARTMENT FOR SUCH ASSISTANCE IN THE
ENFORCEMENT OF THE PROVISIONS OF THIS SECTION AS SUCH BOARD SHALL
REQUIRE, AND SUCH CHIEF AND OFFICERS AND MEMBERS OF THE POLICE FORCE AND
SHERIFF'S DEPARTMENT SHALL BE AUTHORIZED TO RENDER SUCH ASSISTANCE.
B. THE ELECTION INSPECTORS OF THE DISTRICT MAY REQUIRE ANY PERSON TO
ATTEND BEFORE THEM AT THE OFFICE OF THE SECRETARY OF THE DISTRICT AND BE
EXAMINED AS TO ANY MATTER IN RELATION TO WHICH SUCH DISTRICT IS CHARGED
WITH A DUTY UNDER THIS SECTION, AND MAY ISSUE A SUBPOENA THEREFOR. EACH
MEMBER OF SUCH ELECTION INSPECTORS DISTRICT SHALL BE AUTHORIZED TO
ADMINISTER ANY OATH THAT MAY BE REQUIRED OR AUTHORIZED BY LAW IN THIS
CONNECTION.
8. NO ABSENTEE VOTER'S BALLOT SHALL BE CANVASSED, UNLESS IT SHALL
HAVE BEEN RECEIVED IN THE OFFICE OF THE SECRETARY OF THE DISTRICT NOT
LATER THAN FIVE P.M. ON THE DAY OF THE ELECTION.
9. THE SECRETARY OF THE DISTRICT SHALL, ON THE DAY OF THE ELECTION,
TRANSMIT ALL ABSENTEE VOTERS' ENVELOPES, RECEIVED BY HIM OR HER IN
ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION, TO THE ELECTION
INSPECTORS.
10. IF, AT THE DISTRICT ELECTION, ANY ABSENTEE VOTERS' ENVELOPES
SHALL HAVE BEEN RECEIVED AT THE POLLING PLACE, THE ELECTION INSPECTORS
IMMEDIATELY AFTER THE CLOSING OF THE POLLS SHALL EXAMINE THEM, AND SHALL
COMPARE THE SIGNATURE, IF ANY, ON EACH ENVELOPE WITH THE SIGNATURE, IF
ANY, ON THE REGISTER, OF THE PERSON OF THE SAME NAME WHO REGISTERED FROM
THE SAME ADDRESS. IF THE SIGNATURES ARE FOUND TO CORRESPOND, THE
ELECTION INSPECTORS SHALL CERTIFY THERETO BY SIGNING THEIR INITIALS
OPPOSITE THE NAME OF THE VOTER AT THE APPROPRIATE PLACE IN THE REGISTER.
IF A PERSON WHOSE NAME IS ON AN ENVELOPE AS A VOTER, SHALL HAVE ALREADY
VOTED IN PERSON AT SUCH DISTRICT ELECTION, OR IF HIS OR HER NAME, RESI-
DENCE AND SIGNATURE, AS STATED ON THE ENVELOPE, ARE NOT ON THE REGISTER,
OR IF THERE IS NO SIGNATURE ON THE ENVELOPE, THIS ENVELOPE SHALL BE LAID
ASIDE UNOPENED AND BE RETURNED UNOPENED TO THE SECRETARY OF THE
DISTRICT. IF SUCH PERSON IS FOUND TO BE REGISTERED AND HAS NOT SO VOTED
IN PERSON, AND IF NO OBJECTION IS MADE, OR IF AN OBJECTION MADE BE NOT
SUSTAINED, THE ENVELOPE SHALL BE OPENED AND THE BALLOT WITHDRAWN WITHOUT
UNFOLDING AND DEPOSITED IN THE PROPER BOX OR BOXES. AT THE TIME OF THE
DEPOSIT OF SUCH BALLOT, THE ELECTION INSPECTORS SHALL ENTER THE WORDS
"ABSENTEE VOTE" AT AN APPROPRIATE PLACE IN THE REGISTER.
A. 771 17
11. DURING SUCH EXAMINATION ANY QUALIFIED VOTER PRESENT IN THE POLL-
ING PLACE MAY OBJECT TO THE VOTING OF THE BALLOT CONTAINED IN ANY ENVEL-
OPE UPON THE GROUND OR GROUNDS (A) THAT THE PERSON NAMED THEREON IS NOT
A QUALIFIED VOTER OF THE DISTRICT, OR (B) THAT HE OR SHE WAS WITHIN THE
COUNTY OR CITY WHILE THE POLLS OF THE ELECTION WERE OPEN, EXCEPT WHERE
THE APPLICANT IS A PATIENT IN A HOSPITAL LOCATED WITHIN THE COUNTY OR
CITY OR DETAINED OR CONFINED IN A JAIL LOCATED WITHIN THE COUNTY OR CITY
AND EXCEPT WHERE THE BALLOT WAS OBTAINED UPON THE GROUND OF INABILITY TO
APPEAR PERSONALLY AT THE POLLING PLACE ON THE DAY OF THE DISTRICT
ELECTION BECAUSE OF ILLNESS OR PHYSICAL DISABILITY, OR (C) THAT HE OR
SHE WAS ABLE TO APPEAR PERSONALLY WHILE THE POLLS WERE OPEN, IN CASES
WHERE THE BALLOT WAS OBTAINED UPON THE GROUND THAT THE VOTER WAS A
PATIENT IN A HOSPITAL LOCATED WITHIN THE COUNTY OR CITY OR DETAINED OR
CONFINED IN A JAIL LOCATED WITHIN THE COUNTY OR CITY OR UPON THE GROUND
OF INABILITY TO APPEAR PERSONALLY AT THE POLLING PLACE ON THE DAY OF THE
ELECTION BECAUSE OF ILLNESS OR PHYSICAL DISABILITY, OR (D) THAT HE OR
SHE WAS NOT ENTITLED TO CAST SUCH BALLOT. AN ELECTION INSPECTOR SHALL
MAKE SUCH AN OBJECTION IF HE OR SHE SHALL KNOW OR SUSPECT THAT THE
PERSON NAMED ON SUCH ENVELOPE IS NOT SUCH A QUALIFIED VOTER OR WAS SO
WITHIN THE DISTRICT OR WAS ABLE SO TO APPEAR PERSONALLY, OR WAS NOT
ENTITLED TO CAST SUCH BALLOT. THE ELECTION INSPECTORS SHALL FORTHWITH
PROCEED TO DETERMINE EACH OBJECTION INCLUDING ANY WRITTEN CHALLENGE
TRANSMITTED TO THEM BY THE DISTRICT SECRETARY AS PROVIDED IN SUBDIVISION
SIX OF THIS SECTION. UNLESS THE ELECTION INSPECTORS, BY MAJORITY VOTE,
SHALL SUSTAIN THE OBJECTION, THE CHAIRMAN, OR IF HE OR SHE REFUSES,
ANOTHER ELECTION INSPECTOR SHALL ENDORSE UPON THE ENVELOPE THE OBJECTION
AND THE WORDS "NOT SUSTAINED," SHALL SIGN SUCH ENDORSEMENT, AND SHALL
OPEN THE ENVELOPE AND DEPOSIT THE BALLOT AS PROVIDED IN THIS SECTION.
SHOULD THE ELECTION INSPECTORS, BY MAJORITY VOTE, SUSTAIN SUCH
OBJECTION, THE OBJECTION AND WORD "SUSTAINED" SHALL BE SIMILARLY
ENDORSED UPON THE ENVELOPE, THE ENVELOPE SHALL NOT BE OPENED NOR THE
BALLOTS THEREIN CANVASSED, AND SUCH ENVELOPE SHALL BE RETURNED UNOPENED
TO THE SECRETARY OF THE DISTRICT. IF THE ELECTION INSPECTORS SHALL HAVE
RECEIVED AN ENVELOPE ENDORSED WITH THE NAME OF A PERSON WHO TO THE KNOW-
LEDGE OF THE ELECTION INSPECTORS IS DECEASED ON THE DAY OF THE ELECTION,
THE ELECTION INSPECTORS SHALL RETURN SUCH ENVELOPE UNOPENED TO THE
SECRETARY OF THE DISTRICT WITH THE WORDS "DECEASED--OBJECTION SUSTAINED"
ENDORSED ON THE ENVELOPE.
12. IF THE ELECTION INSPECTORS SHALL HAVE RECEIVED AN ENVELOPE, AND
UPON OPENING THE SAME NO BALLOT SHALL BE FOUND THEREIN, THE ELECTION
INSPECTORS SHALL MAKE A MEMORANDUM SHOWING THAT THE BALLOT IS MISSING.
WHEN THE CASTING OF ABSENTEE VOTERS' BALLOTS SHALL HAVE BEEN COMPLETED,
THE ELECTION INSPECTORS SHALL ASCERTAIN THE NUMBER OF SUCH BALLOTS WHICH
HAVE BEEN DEPOSITED IN THE BALLOT BOX BY DEDUCTING FROM THE NUMBER OF
ENVELOPES OPENED THE NUMBER OF MISSING BALLOTS, AND SHALL MAKE A SEPA-
RATE RETURN THEREOF IN DUPLICATE. THE NUMBER OF ABSENTEE VOTERS' BALLOTS
DEPOSITED IN THE BALLOT BOX SHALL BE ADDED TO THE NUMBER OF OTHER
BALLOTS DEPOSITED IN THE BALLOT BOX IN ORDER TO DETERMINE THE NUMBER OF
ALL BALLOTS TO BE ACCOUNTED FOR IN THE BALLOT BOX. SUCH BALLOTS SHALL
THEN BE COUNTED OR CANVASSED BY THE ELECTION INSPECTORS ALONG WITH THE
OTHER BALLOTS CAST AT SUCH DISTRICT ELECTION, OR, WHERE VOTING MACHINES
ARE USED, SHALL BE ADDED TO THE VOTES RECORDED ON SUCH MACHINES.
13. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ABSENTEE BALLOTS AT
DISTRICT ELECTIONS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW. THE
PROVISIONS OF ANY OTHER LAW AS THEY RELATE TO DISTRICT ELECTIONS NOT
INCONSISTENT HEREWITH SHALL APPLY TO THE CONDUCT OF SUCH ELECTIONS.
A. 771 18
S 159-C. POWERS AND DUTIES OF BOARD. EACH BOARD OF A DISTRICT:
1. SHALL ELECT ONE OF THEIR MEMBERS A CHAIRMAN AT THE FIRST MEETING OF
THE BOARD AFTER SUCH DISTRICT SHALL HAVE BEEN ESTABLISHED OR CONSOL-
IDATED, AND ANNUALLY THEREAFTER AT THE FIRST MEETING THEREOF FOLLOWING
EACH ELECTION, OF THE MEMBERS OF THE BOARD. SUCH CHAIRMAN, WHEN PRESENT,
SHALL PRESIDE AT THE MEETINGS OF THE BOARD. IN THE ABSENCE OF THE CHAIR-
MAN, THE OTHER MEMBERS MAY DESIGNATE ONE SUCH MEMBER TO ACT AS TEMPORARY
CHAIRMAN.
2. SHALL APPOINT A DISTRICT SECRETARY.
3. WHENEVER A VACANCY SHALL OCCUR IN THE MEMBERSHIP OF THE BOARD THE
BOARD OR A MAJORITY OF THE MEMBERS THEREOF IN OFFICE MAY APPOINT A QUAL-
IFIED PERSON TO FILL THE VACANCY. THE PERSON SO APPOINTED SHALL HOLD
OFFICE UNTIL THE THIRTY-FIRST OF DECEMBER NEXT SUCCEEDING THE FIRST
ANNUAL DISTRICT ELECTION HELD THEREAFTER AND AT SUCH ELECTION A SUCCES-
SOR SHALL BE ELECTED FOR THE UNEXPIRED PORTION OF THE TERM BEGINNING ON
THE FIRST DAY OF JANUARY NEXT SUCCEEDING. IF A VACANCY SHALL OCCUR AFTER
THE FIRST DAY OF OCTOBER IN ANY YEAR, THE PERSON SO APPOINTED TO FILL
THE VACANCY SHALL HOLD OFFICE UNTIL THE THIRTY-FIRST DAY OF DECEMBER OF
THE FOLLOWING CALENDAR YEAR AND A SUCCESSOR SHALL BE ELECTED AT THE
ANNUAL DISTRICT ELECTION HELD IMMEDIATELY PRIOR THERETO TO SERVE FOR THE
UNEXPIRED PORTION OF THE TERM; PROVIDED, HOWEVER, THAT IF A VACANCY SO
OCCURS, THE TERM OF WHICH WOULD EXPIRE ON THE THIRTY-FIRST DAY OF DECEM-
BER NEXT SUCCEEDING, THE PERSON SO APPOINTED SHALL HOLD OFFICE ONLY
UNTIL SUCH THIRTY-FIRST DAY OF DECEMBER.
4. SHALL HAVE ALL POWERS AND DUTIES OF A LIBRARY BOARD OF TRUSTEES AS
PROVIDED IN TITLE TWO OF ARTICLE FIVE OF THE EDUCATION LAW.
S 159-D. ANNUAL STATEMENT OF EXPENDITURES AND LEVY OF TAXES. 1. THE
FISCAL YEAR OF EACH DISTRICT SHALL BEGIN ON THE FIRST DAY OF JANUARY AND
END ON THE THIRTY-FIRST DAY OF DECEMBER.
2. THE BOARD OF EACH DISTRICT SHALL ANNUALLY PREPARE AND FILE WITH THE
BUDGET OFFICER OF EACH MUNICIPALITY IN WHICH THE DISTRICT IS LOCATED,
DETAILED ESTIMATES IN WRITING OF THE AMOUNT OF REVENUES TO BE RECEIVED
AND EXPENDITURES TO BE MADE DURING THE NEXT FISCAL YEAR FOR THE PURPOSES
OF SUCH DISTRICT AND WITHIN THE LIMITATIONS SPECIFIED IN THIS ARTICLE.
IN ADDITION, THE BOARD SHALL PREPARE AND SUBMIT AN ESTIMATE OF THE FUND
BALANCE, TOGETHER WITH A BREAKDOWN OF SUCH FUND BALANCE ESTIMATED FOR
ENCUMBRANCES, AMOUNTS ESTIMATED TO BE EXPENDED FOR THE ENSUING FISCAL
YEAR, AMOUNTS RESERVED FOR STATED PURPOSES PURSUANT TO LAW AND THE
REMAINING UNAPPROPRIATED UNRESERVED FUND BALANCE, PROVIDED THAT THE
REMAINING ESTIMATED UNAPPROPRIATED UNRESERVED FUND BALANCE FOR EACH FUND
SHALL NOT EXCEED A REASONABLE AMOUNT, CONSISTENT WITH PRUDENT BUDGETING
PRACTICES, NECESSARY TO ENSURE THE ORDERLY OPERATION OF THE DISTRICT AND
THE CONTINUED PROVISION OF SERVICES, TAKING INTO ACCOUNT FACTORS INCLUD-
ING, BUT NOT LIMITED TO, THE SIZE OF THE FUND, CASH FLOWS, THE CERTAINTY
WITH WHICH THE AMOUNTS OF REVENUES AND EXPENDITURES CAN BE ESTIMATED,
AND THE DISTRICT'S EXPERIENCE IN PRIOR FISCAL YEARS. FOR THOSE DISTRICTS
WHICH EMPLOY THE CASH BASIS OF ACCOUNTING, FUND BALANCE MEANS THE CASH
SURPLUS ESTIMATED TO BE ON HAND AT THE CLOSE OF THE CURRENT FISCAL YEAR
LESS CLAIMS PAYABLE THEREFROM AND AMOUNTS RESERVED PURSUANT TO LAW FOR
STATED PURPOSES.
3. THE BOARD OF EACH DISTRICT SHALL HOLD A PUBLIC HEARING ON THE THIRD
TUESDAY IN OCTOBER.
4. THE GOVERNING BODY OF THE MUNICIPALITY SHALL MAKE NO CHANGE IN THE
ESTIMATE SUBMITTED BY THE BOARD OF ANY DISTRICT. AFTER THE ANNUAL BUDGET
HAS BEEN ADOPTED BY THE GOVERNING BODY OF THE MUNICIPALITY AND A CERTI-
FIED COPY PRESENTED TO THE BOARD OF SUPERVISORS OF THE COUNTY IN WHICH
A. 771 19
THE MUNICIPALITY IS SITUATED, THE BOARD OF SUPERVISORS SHALL ASSESS AND
LEVY UPON THE TAXABLE REAL PROPERTY WITHIN THE SEVERAL DISTRICTS THE
AMOUNTS TO BE RAISED BY TAX FOR THE PURPOSES OF THE RESPECTIVE DISTRICTS
AS SPECIFIED IN SUCH ANNUAL BUDGET AND SHALL CAUSE THE AMOUNT SO
ASSESSED AND LEVIED TO BE COLLECTED, IN THE SAME MANNER AND AT THE SAME
TIME AND BY THE SAME OFFICERS AS MUNICIPAL TAXES ARE ASSESSED, LEVIED
AND COLLECTED. WHEN SUCH TAXES ARE COLLECTED, THE AMOUNT THEREOF SHALL
BE PAID TO THE MUNICIPALITY AND IMMEDIATELY PAID TO THE TREASURER OF THE
RESPECTIVE DISTRICTS. IF A DISTRICT INCLUDES TAXABLE PROPERTY LOCATED IN
MORE THAN ONE MUNICIPALITY, THE AMOUNT TO BE ASSESSED, LEVIED AND
COLLECTED UPON THE PROPERTY WITHIN EACH OF SUCH MUNICIPALITY SHALL BE
APPORTIONED IN ACCORDANCE WITH SECTION EIGHT HUNDRED SIX OF THE REAL
PROPERTY TAX LAW.
5. IN ANY CASE WHERE A PARCEL OF REAL PROPERTY SEPARATELY ASSESSED ON
THE MUNICIPAL ASSESSMENT ROLL SHALL BE DIVIDED BY THE LINE OF THE
DISTRICT, IT SHALL BE THE DUTY OF THE MUNICIPAL ASSESSORS, AFTER THE
VALUATION OF THE WHOLE OF SUCH PARCEL SHALL HAVE BEEN FIXED, TO DETER-
MINE WHAT PROPORTION OF SUCH VALUATION IS ON ACCOUNT OF THAT PART OF
SUCH PARCEL LYING WITHIN THE LIMITS OF THE DISTRICT, AND THE ASSESSORS
SHALL ENTER SUCH PROPORTION SEPARATELY ON THE ASSESSMENT ROLL. THE
VALUATION OF THE REAL PROPERTY LYING WITHIN SUCH DISTRICT, AS SO FIXED
AND DETERMINED, SHALL BE THE VALUATION SUBJECT TO TAXATION FOR THE
PURPOSES OF SUCH DISTRICT.
6. THE TREASURER OF EACH DISTRICT SHALL PREPARE AND FILE ANNUALLY IN
THE OFFICE OF THE CLERK OF EACH MUNICIPALITY IN WHICH ANY PART OF SUCH
DISTRICT SHALL BE LOCATED, AND IN THE OFFICE OF THE STATE COMPTROLLER, A
FINANCIAL STATEMENT SETTING FORTH IN DETAIL THE RECEIPTS AND EXPENDI-
TURES OF SUCH DISTRICT. SUCH STATEMENT SHALL BE FILED IN SUCH OFFICES
WITHIN SIXTY DAYS AFTER THE CLOSE OF THE FISCAL YEAR OF THE DISTRICT.
S 159-E. DISSOLUTION OF DISTRICTS. 1. UPON A PETITION, SIGNED, AND
ACKNOWLEDGED OR PROVED IN THE SAME MANNER AS A DEED TO BE RECORDED, OR
AUTHENTICATED IN THE MANNER PROVIDED BY THE ELECTION LAW FOR THE AUTHEN-
TICATION OF NOMINATING PETITIONS, BY TWENTY PERCENT OF THE RESIDENTS OF
THE MUNICIPALITY OR MUNICIPALITIES IN WHICH A DISTRICT IS LOCATED, THE
MUNICIPAL GOVERNING BODY OR BODIES THEREOF, AFTER A PUBLIC HEARING THER-
EON, MAY DISSOLVE AND DISCONTINUE SUCH DISTRICT. THE MUNICIPAL GOVERN-
ING BODY OR BODIES SHALL HOLD A PUBLIC HEARING UPON SUCH PETITION AND
SHALL CAUSE A NOTICE THEREOF TO BE PUBLISHED AND POSTED IN THE SAME
MANNER PROVIDED FOR HEARINGS. SUCH NOTICE SHALL CONTAIN A DESCRIPTION
OF THE DISTRICT AND SPECIFY THE TIME WHEN AND PLACE WHERE THE MUNICIPAL
GOVERNING BODY OR BODIES WILL MEET TO CONSIDER SUCH PETITION AND TO HEAR
ALL PERSONS INTERESTED IN THE SUBJECT CONCERNING THE SAME. AFTER THE
HEARING UPON NOTICE AS PROVIDED HEREINBEFORE AND UPON THE EVIDENCE GIVEN
THEREAT, THE MUNICIPAL GOVERNING BODY OR BODIES SHALL DETERMINE WHETHER
IT IS IN THE PUBLIC INTEREST TO DISSOLVE THE DISTRICT. ALL THE PROPERTY
OF SUCH DISTRICT SHALL BE SOLD AT PUBLIC SALE AND THE PROCEEDS OF SUCH
SALE SHALL BE PAID TO THE MUNICIPALITY AND THE AMOUNT SO PAID SHALL BE
APPLIED FIRST IN PAYMENT OF ANY BONDED OR OTHER INDEBTEDNESS OF SUCH
DISTRICT AND SECONDLY, THE REMAINDER THEREOF, AFTER ALL THE OUTSTANDING
BONDED AND OTHER INDEBTEDNESS OF THE DISTRICT SHALL HAVE BEEN PAID,
SHALL BE CREDITED TO THE TAXABLE REAL PROPERTY LOCATED IN SUCH DISTRICT
IN THE NEXT SUCCEEDING ASSESSMENT OF MUNICIPAL TAXES. IF THERE SHALL BE
OUTSTANDING AND UNPAID BONDS OR OTHER OBLIGATIONS NOT DUE AND PAYABLE, A
SUM SUFFICIENT TO MEET THE PRINCIPAL AND INTEREST THEREOF SHALL BE SET
APART AS A SINKING FUND FOR THE REDEMPTION OF SUCH OUTSTANDING OBLI-
GATIONS AT THEIR MATURITY AND THE PAYMENT OF THE INTEREST THEREON. IF
A. 771 20
THE PROCEEDS OF SUCH SALE AND THE INCOME THEREFROM BE INSUFFICIENT TO
REDEEM SUCH BONDS OR OBLIGATIONS AT THEIR MATURITY AND TO PAY THE INTER-
EST THEREON, THEN THERE SHALL BE LEVIED AND COLLECTED IN ANNUAL INSTALL-
MENTS FROM THE DISTRICT CHARGED WITH THE PAYMENT OF SUCH BONDS OR OBLI-
GATIONS, SUCH A SUM AS WILL BE SUFFICIENT TO PAY THE INTEREST ON SUCH
BONDS OR OBLIGATIONS AND TO REDEEM THEM AT THEIR MATURITY. ANY SURPLUS
REMAINING AFTER ALL THE OBLIGATIONS AND INDEBTEDNESS OF THE DISTRICT
SHALL HAVE BEEN PAID, SHALL BE CREDITED TO THE TAXABLE REAL PROPERTY
LOCATED IN SUCH DISTRICT AT THE NEXT SUCCEEDING ASSESSMENT OF MUNICIPAL
TAXES.
2. UPON ITS OWN MOTION AND WITHOUT A PETITION, THE GOVERNING BODY OF
ANY MUNICIPALITY OR, IF THE DISTRICT PROPOSED TO BE DISSOLVED INCLUDES
TERRITORY IN MORE THAN ONE MUNICIPALITY, THE GOVERNING BODIES THEREOF,
MAY DISSOLVE AND DISCONTINUE SUCH DISTRICT, AFTER A PUBLIC HEARING THER-
EON. ANY RESOLUTION DISSOLVING AND DISCONTINUING SUCH DISTRICT SHALL BE
SUBJECT TO A PERMISSIVE REFERENDUM. THE NOTICE OF SUCH HEARING SHALL BE
PUBLISHED AND POSTED. SUCH NOTICE SHALL CONTAIN A DESCRIPTION OF THE
DISTRICT AND SPECIFY THE TIME WHEN AND THE PLACE WHERE THE MUNICIPAL
GOVERNING BODY OR BODIES WILL MEET TO HEAR ALL PERSONS INTERESTED IN THE
SUBJECT CONCERNING THE SAME. AFTER THE HEARING UPON NOTICE AS PROVIDED
HEREINBEFORE AND UPON THE EVIDENCE GIVEN THEREAT, THE MUNICIPAL GOVERN-
ING BODY OR BODIES SHALL DETERMINE WHETHER IT IS IN THE PUBLIC INTEREST
TO DISSOLVE THE DISTRICT.
3. AT THE HEARING UPON THE PETITION OR MOTION FOR THE DISSOLUTION OF A
DISTRICT, THE MUNICIPAL GOVERNING BODY OR BODIES MAY DETERMINE TO
DISSOLVE AND DISCONTINUE SAID DISTRICT UPON THE TERMINATION OF ANY
CONTRACTS THEN IN FORCE AND EFFECT IN SUCH DISTRICT, OR THE MUNICIPAL
GOVERNING BODY OR BODIES MAY DETERMINE TO DISSOLVE AND DISCONTINUE SUCH
DISTRICT FORTHWITH. IF THE MUNICIPAL GOVERNING BODY OR BODIES SHALL
DETERMINE TO DISSOLVE AND DISCONTINUE SUCH DISTRICT FORTHWITH, ALL
CONTRACTS SHALL BE IMMEDIATELY TERMINATED UPON THE PAYMENT OF ANY
AMOUNTS BECOMING DUE PRIOR TO THE DATE OF THE ACTION OF THE MUNICIPAL
GOVERNING BODY OR BODIES IN DISSOLVING AND DISCONTINUING SAID DISTRICT.
4. IN THE CASE OF A DISTRICT LOCATED IN MORE THAN ONE MUNICIPALITY,
ANY ACTION PURSUANT TO THIS SECTION SHALL BE TAKEN BY THE MUNICIPAL
GOVERNING BODIES ACTING JOINTLY BY A MAJORITY VOTE OF THE MEMBERS OF
EACH MUNICIPAL GOVERNING BODY.
5. NOTHING IN THIS ARTICLE SHALL BE SO CONSTRUED AS TO PREVENT THE
MERGER OF A PROCEEDING TO DISSOLVE AN EXISTING DISTRICT AND A PROCEEDING
TO ESTABLISH A DISTRICT TO EMBRACE ALL OR ANY PORTION OF THE TERRITORY
CONTAINED WITHIN THE BOUNDARIES OF THE DISTRICT TO BE DISSOLVED.
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 and shall apply to
library districts established, consolidated, dissolved or changed on or
after such effective date.