senate Bill S4948

2011-2012 Legislative Session

Authorizes towns, fire districts, and improvement districts to delegate conduct of certain elections to county boards of elections

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to elections
Jun 06, 2011 reported and committed to finance
May 02, 2011 referred to elections

Votes

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Jun 6, 2011 - Elections committee Vote

S4948
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Elections Committee Vote: Jun 6, 2011

aye wr (1)

S4948 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd Town L, generally; amd El L, generally; amd §361-a, County L; amd §24, Munic Home R L
Versions Introduced in 2009-2010 Legislative Session:
S4815

S4948 - Bill Texts

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Authorizes towns to delegate the conduct of special town elections to their respective county boards of elections and authorizes fire districts and improvement districts to delegate the conduct of their elections to their respective county boards of elections; provides the procedure for doing so.

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BILL NUMBER:S4948

TITLE OF BILL:
An act
to amend the election law, the county law, the town law,
and the municipal home rule law, in relation to
authorizing towns to delegate the conduct of special town elections
to their respective county
boards of elections and authorizing fire districts and
improvement districts to delegate the conduct of their elections to
their respective county boards of elections

PURPOSE:
The purpose of this bill is to permit towns, fire districts and
special improvement districts to transfer responsibility for the
conduct of elections to the board of elections.

SUMMARY OF PROVISIONS:
The purpose of this bill is to permit towns, fire districts and
special improvement districts to transfer responsibility for the
conduct of elections to the board of elections.

JUSTIFICATION:
In 1989, legislation was signed into law allowing villages to adopt a
resolution, subject to a permissive referendum.
transferring responsibility for village elections to the county board
of elections. This legislation would extend those same privileges to
towns and special districts. Permitting towns and special districts
to transfer these functions would help streamline the election
process and promote greater governmental efficiency. This bill is
optional and transfers would occur solely at the discretion of the
town board or district board of commissioners.

LEGISLATIVE HISTORY:
2002: A.5515 - Passed Assembly
2003-04: A.3962 - Passed Assembly
2008: A.10128 - Referred to Election Law
2009: Referred to Elections

FISCAL IMPLICATIONS:
None to the State, counties would only incur costs at their discretion.

EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding
the date on which it shall have become a law.

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

                                  4948

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, the county law, the town law, and  the
  municipal  home rule law, in relation to authorizing towns to delegate
  the conduct of special  town  elections  to  their  respective  county
  boards  of  elections  and  authorizing fire districts and improvement
  districts to delegate the conduct of their elections to their  respec-
  tive county boards of elections

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

  Section 1. Section 1-104 of the election  law  is  amended  by  adding
three new subdivisions 38, 39 and 40 to read as follows:
  38.  THE  TERM "SPECIAL DISTRICT" MEANS A FIRE DISTRICT OR AN IMPROVE-
MENT DISTRICT CREATED PURSUANT TO THE TOWN LAW.
  39. THE TERM "SPECIAL TOWN ELECTION" MEANS ANY ELECTION CONDUCTED IN A
TOWN, OR PART OF A TOWN, AT A TIME OTHER THAN THE TIME  OF  THE  GENERAL
ELECTION, FOR ANY PURPOSE SPECIFIED IN THE TOWN LAW.
  40. THE TERM "SPECIAL DISTRICT ELECTION" MEANS THE ANNUAL ELECTION FOR
COMMISSIONERS  OF  A SPECIAL DISTRICT OR ANY OTHER ELECTION OF A SPECIAL
DISTRICT FOR ANY OTHER PURPOSE SPECIFIED IN THE TOWN LAW, AND UNLESS THE
CONTEXT OTHERWISE REQUIRES,  SHALL  INCLUDE  "SPECIAL  DISTRICT  GENERAL
ELECTION" AND "SPECIAL DISTRICT SPECIAL ELECTION".
  S  2. Subdivision 35 of section 1-104 of the election law, as added by
chapter 359 of the laws of 1989, is amended to read as follows:
  35. The term "election" shall include:
  A. a "general village election" or "special village  election"  except
where  a  specific  provision  of  this  chapter may not be consistently
applied to the village election procedure;
  B. A "SPECIAL TOWN ELECTION" EXCEPT WHERE A SPECIFIC PROVISION OF THIS
CHAPTER MAY NOT BE CONSISTENTLY APPLIED TO  THE  SPECIAL  TOWN  ELECTION
PROCEDURE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01213-02-1

S. 4948                             2

  C.  A "SPECIAL DISTRICT GENERAL ELECTION" OR "SPECIAL DISTRICT SPECIAL
ELECTION" EXCEPT WHERE A SPECIFIC PROVISION OF THIS CHAPTER MAY  NOT  BE
CONSISTENTLY APPLIED TO THE SPECIAL DISTRICT ELECTION PROCEDURE.
  S 3. Subdivision 1 of section 3-404 of the election law, as amended by
chapter 263 of the laws of 1991, is amended to read as follows:
  1.  The  board  of  elections  of  each  county shall on or before the
fifteenth day of July of each year select and appoint  election  inspec-
tors and poll clerks for each election district therein, and such number
of election coordinators as it determines to be necessary, and may ther-
eafter  select  and  designate  election  inspectors,  poll  clerks  and
election coordinators to fill any vacancy for an unexpired  term.    The
term  of  such  designation shall be for a term ending on the fourteenth
day of July of the following year.  If  the  election  districts  for  a
general or special village election conducted by the board of elections,
A  SPECIAL  TOWN ELECTION CONDUCTED BY THE BOARD OF ELECTIONS OR SPECIAL
DISTRICT GENERAL OR SPECIAL ELECTION CONDUCTED BY THE BOARD OF ELECTIONS
are coterminous with the  election  districts  established  for  general
elections,  such election inspectors and poll clerks shall also serve at
such village, TOWN  OR  SPECIAL  DISTRICT  elections.  If  the  election
districts for such a village, TOWN election OR SPECIAL DISTRICT ELECTION
are  not so coterminous, the board of elections shall select the inspec-
tors and poll clerks to serve in each  such  village,  TOWN  OR  SPECIAL
DISTRICT  election  district  from  among the inspectors and poll clerks
appointed, pursuant to the provisions of this section, for any  election
district wholly or partly in such village, TOWN OR SPECIAL DISTRICT.
  S 4. Subdivision 1 of section 3-420 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1.  Election inspectors, poll clerks, election coordinators and quali-
fied voters appointed to act in place of an absent inspector,  clerk  or
coordinator shall be paid for their services on the days of registration
and  election,  by  the county containing the election district in which
they serve, in an amount fixed by the county legislative  body,  subject
to  such  limitations  as  shall be prescribed or authorized by statute,
except that in the city of New York  the  amount  of  such  compensation
shall be payable by such city and shall be fixed by the mayor at a daily
rate  which,  in  the case of election inspectors shall not be less than
one hundred thirty dollars and in the case of election coordinators  not
less  than  two  hundred dollars. Such inspectors, poll clerks, election
coordinators and qualified  voters  at  a  general  or  special  village
election  conducted  by  the board of elections, A SPECIAL TOWN ELECTION
CONDUCTED BY THE BOARD OF  ELECTIONS  OR  SPECIAL  DISTRICT  GENERAL  OR
SPECIAL  ELECTION  CONDUCTED  BY THE BOARD OF ELECTIONS shall be paid by
such village, TOWN OR SPECIAL DISTRICT in an amount fixed by the village
board of trustees, TOWN BOARD OR SPECIAL DISTRICT BOARD OF COMMISSIONERS
subject to any such limitations.
  S 5. Subdivision 1 of section 4-104 of the election law, as amended by
chapter 180 of the laws of 2005, is amended to read as follows:
  1. Every board of elections shall, in  consultation  with  each  city,
town and village, designate the polling places in each election district
in which the meetings for the registration of voters, and for any GENER-
AL,  SPECIAL  OR  PRIMARY election may be held. The board of trustees of
each  village  in  which  general  and  special  village  elections  ARE
conducted  by the board of elections [are held] at a time other than the
time of a general election, THE TOWN BOARD OF A TOWN  IN  WHICH  SPECIAL
TOWN  ELECTIONS  ARE CONDUCTED BY THE BOARD OF ELECTIONS AT A TIME OTHER
THAN THE TIME OF A GENERAL ELECTION AND THE BOARD  OF  COMMISSIONERS  OF

S. 4948                             3

EACH  SPECIAL  DISTRICT IN WHICH ELECTIONS ARE CONDUCTED BY THE BOARD OF
ELECTIONS AT A TIME OTHER THAN THE TIME  OF  A  GENERAL  ELECTION  shall
submit such a list of polling places for such village elections, SPECIAL
TOWN AND SPECIAL DISTRICT ELECTIONS to the board of elections. A polling
place  may be located in a building owned by a religious organization or
used by it as a place of worship. If such a building is designated as  a
polling  place,  it shall not be required to be open for voter registra-
tion on any Saturday if this is contrary to the religious beliefs of the
religious organization. In such a  situation,  the  board  of  elections
shall designate an alternate location to be used for voter registration.
Such  polling  places must be designated by May first, of each year, and
shall be effective for one year thereafter. Such a list required  to  be
submitted by a village board of trustees, TOWN BOARD OR SPECIAL DISTRICT
BOARD  OF  COMMISSIONERS  must  be submitted at least four months before
each general village election OR SPECIAL DISTRICT GENERAL  ELECTION  and
shall  be  effective  until  four  months  before the subsequent general
village election OR SPECIAL DISTRICT GENERAL ELECTION.  A  LIST  OF  THE
POLLING  PLACES  FOR  A  SPECIAL TOWN ELECTION SHALL BE SUBMITTED BY THE
TOWN BOARD AT LEAST TWENTY DAYS BEFORE SUCH SPECIAL  TOWN  ELECTION.  No
place  in  which  a business licensed to sell alcoholic beverages for on
premises consumption is conducted on any day of local registration or of
voting shall be so designated. If, within the discretion of the board of
elections a particular polling place so designated is subsequently found
to be unsuitable or unsafe or should circumstances  arise  that  make  a
designated  polling  place  unsuitable  or  unsafe,  then  the  board of
elections is empowered to select an alternative meeting  place.  In  the
city  of  New  York, the board of elections shall designate such polling
places and alternate registration places if the polling place cannot  be
used for voter registration on Saturdays.
  S 6. Subdivisions 2 and 4 of section 4-106 of the election law, subdi-
vision 2 as amended by chapter 635 of the laws of 1990 and subdivision 4
as  amended  by  chapter  88 of the laws of 1995, are amended to read as
follows:
  2.  Each county, city, village and town clerk AND EACH SECRETARY OF  A
BOARD  OF  COMMISSIONERS  OF  A  SPECIAL DISTRICT, at least eight months
before each general election, shall make and transmit to  the  board  of
elections a certificate stating each county, city, village [or], town OR
SPECIAL  DISTRICT  office,  respectively  to  be  voted for at each such
election. Each village clerk, at least five months before  each  general
village  election  conducted  by the board of elections, shall make, and
transmit to such board, a certificate stating each village office to  be
filled at such election. EACH SECRETARY OF A BOARD OF COMMISSIONERS OF A
SPECIAL  DISTRICT,  AT  LEAST  FIVE  MONTHS BEFORE EACH SPECIAL DISTRICT
GENERAL OR SPECIAL ELECTION CONDUCTED BY THE BOARD OF  ELECTIONS,  SHALL
MAKE,  AND  TRANSMIT  TO  SUCH BOARD, A CERTIFICATE STATING EACH SPECIAL
DISTRICT OFFICE TO BE FILLED AT SUCH ELECTION.
  4. Within three days after the occurrence of any vacancy in an  office
required  to  be  filled  at  the  next general election or a general or
special village election or other  special  election  conducted  by  the
board  of  elections  OR  SPECIAL  DISTRICT  GENERAL OR SPECIAL ELECTION
CONDUCTED BY THE BOARD OF ELECTIONS, the state board of elections or the
county, city, town or village clerk OR SECRETARY OF THE BOARD OF COMMIS-
SIONERS OF A SPECIAL DISTRICT as is appropriate,  shall  file  with  the
county  board  of  elections, a certificate indicating the occurrence of
the vacancy and the position which is to be filled.

S. 4948                             4

  S 7. Section 4-120 of the election law, as amended by chapter  359  of
the laws of 1989, is amended to read as follows:
  S  4-120.  Notices of general, village, SPECIAL TOWN, SPECIAL DISTRICT
and special elections; publication of.  1. The board of elections  shall
publish once in each of the two weeks preceding a general election, or a
special  [or],  village,  SPECIAL  TOWN  OR  SPECIAL  DISTRICT  election
conducted by the board of elections, a notice specifying the day of  the
election, and the public officers to be voted for within such county, or
any  part  thereof  at such election.   If constitutional amendments, or
questions are to be submitted to the voters of  the  state,  the  notice
shall state that fact and that a copy of each such amendment or question
may  be obtained at the board of elections, by any voter.  Such publica-
tion shall be in two newspapers published  within  the  county.  If  the
county  contains a city or cities, at least one of such newspapers shall
be published in the city, or the largest city, if  there  be  more  than
one.
  In  the  case of a village, SPECIAL TOWN OR SPECIAL DISTRICT election,
such publication shall be made in a newspaper of general circulation  in
such  village, TOWN OR SPECIAL DISTRICT and shall include an abstract of
any proposition to be voted upon at such election.
  2. The board or body authorized to designate places for voting in  any
town  or  in  any  city, except the city of New York, may publish on the
publication day immediately preceding election day, in  a  newspaper  or
newspapers  designated  by such board or body, a notice of the election,
and the village clerk shall publish at  least  ten  days  prior  to  any
village election conducted by the board of elections, AND THE TOWN CLERK
SHALL  PUBLISH  AT  LEAST  TEN  DAYS  PRIOR TO ANY SPECIAL TOWN ELECTION
CONDUCTED BY THE BOARD OF ELECTIONS, AND THE SECRETARY OF THE  BOARD  OF
COMMISSIONERS  OF  THE  SPECIAL DISTRICT SHALL PUBLISH AT LEAST TEN DAYS
PRIOR TO ANY  SPECIAL  DISTRICT  ELECTION  CONDUCTED  BY  THE  BOARD  OF
ELECTIONS in a newspaper of general circulation in such village, TOWN OR
SPECIAL  DISTRICT  a  list  of the polling places, the date and hours of
election and, at the discretion of such board [or], clerk OR  SECRETARY,
a  brief  description  of the boundaries of each election district. Such
list shall identify those polling places which do not provide access  to
handicapped  voters.  The amount to be paid for any of such publications
shall be at the rate prescribed by section seventy-a of the public offi-
cers law. In no publication, however, shall any type smaller than  agate
be  used.  The  amount  to  be paid for all such publications shall be a
town, city [or], village OR SPECIAL DISTRICT charge.
  3. The board of elections of the city of New York shall publish on the
eighth day before and the day before each general election, in at  least
two  newspapers  in such city, a notice, at least one-half page in size,
in English and such other languages as  such  board  deems  appropriate,
which  sets  forth  the  dates  and  hours of the election and the phone
number to call for information about the  location  of  polling  places,
their  accessibility  to  the  handicapped,  applications  for  absentee
ballots and any other subjects which such board deems appropriate.
  S 8. Subdivision 3 of section 4-122 of the election law, as amended by
chapter 359 of the laws of 1989, is amended to read as follows:
  3. The list described in subdivision one  of  this  section  shall  be
published  at least once in not less than two nor more than four newspa-
pers in the county.  In a county containing a city, at  least  one  such
publication  shall  be in a daily newspaper published in a city therein,
if there be such a newspaper. In the case of a village, SPECIAL TOWN  OR
SPECIAL DISTRICT election held at a time other than the time of a gener-

S. 4948                             5

al  election,  such  publication  shall be in a newspaper having general
circulation in such village, TOWN OR SPECIAL DISTRICT.   So  far  as  is
consistent with this section, one such newspaper shall represent each of
the  major  political  parties.  Should  the  board of elections find it
impossible to make such publication six days before  election  it  shall
make it at the earliest possible day thereafter before the election.
  S  9.  Subdivisions  1,  5 and 6 of section 4-134 of the election law,
subdivision 1 as amended by chapter 163 of the laws of 2010 and subdivi-
sions 5 and 6 as amended by chapter 635 of the laws of 1990, are amended
to read as follows:
  1. The board of elections shall deliver, at its office, to  the  clerk
of  each  town  or  city  in  the county, except the cities of New York,
Buffalo and Rochester and to the clerk of each village in the county  in
which  elections  are  conducted  by  the board of elections, AND TO THE
SECRETARY OF THE BOARD OF COMMISSIONERS OF EACH SPECIAL DISTRICT IN  THE
COUNTY  IN  WHICH  ELECTIONS ARE CONDUCTED BY THE BOARD OF ELECTIONS, by
the Saturday before the  primary,  SPECIAL,  general,  village,  SPECIAL
TOWN,  SPECIAL  DISTRICT  or other election for which they are required:
the official and sample ballots; ledgers prepared for  delivery  in  the
manner  provided  in  subdivision two of this section and containing the
registration poll records of  all  persons  entitled  to  vote  at  such
election  in  such  town,  city  [or],  village,  OR SPECIAL DISTRICT or
computer generated  registration  lists  containing  the  names  of  all
persons  entitled  to  vote  at  such  election in such town, city [or],
village OR SPECIAL DISTRICT; challenge reports prepared as  directed  by
this  chapter;  sufficient applications for registration by mail; suffi-
cient ledger seals and other supplies and  equipment  required  by  this
article  to be provided by the board of elections for each polling place
in such town, city [or], village OR SPECIAL DISTRICT.  The town, city or
village clerk OR SECRETARY OF THE BOARD OF COMMISSIONERS  OF  A  SPECIAL
DISTRICT  shall  call  at  the office of such board of elections at such
time and receive such ballots, supplies and equipment. In the cities  of
New  York, Buffalo and Rochester the board of elections shall cause such
ballots, supplies and equipment to be delivered to the board of  inspec-
tors  of  each  election district approximately one-half hour before the
opening of the polls for voting, and shall take receipts therefor.
  5.  Each town, city and village clerk AND THE SECRETARY OF  THE  BOARD
OF  COMMISSIONERS OF EACH SPECIAL DISTRICT receiving such packages shall
cause all such packages so received and marked for any election district
to be delivered unopened and with the  seals  thereof  unbroken  to  the
inspectors of election of such election districts at least one-half hour
before the opening of the polls of such election therein, and shall take
a receipt therefor specifying the number and kind of packages delivered.
At  the  same  time each such clerk shall cause to be  delivered to such
inspectors the equipment described in subdivision two  of  this  section
and shall cause a receipt to be taken therefor.
  6.  Town, city and village clerks AND SECRETARIES OF BOARDS OF COMMIS-
SIONERS OF SPECIAL DISTRICTS required to  provide  official  and  sample
ballots,   registration  records,  seals,  supplies  and  equipment,  as
described in this section, for town, city  [and],  village  AND  SPECIAL
DISTRICT  elections  not  conducted  by the board of elections, shall in
like manner, deliver them to the inspectors or presiding officers of the
election at each polling place at which such meetings and elections  are
held,  respectively,  in  like  sealed packages marked on the outside in
like manner, and shall take receipts therefor in like manner.

S. 4948                             6

  S 10.  Subdivision 2 of section 4-136 of the election law, as  amended
by chapter 180 of the laws of 2005, is amended to read as follows:
  2.  All expenses incurred under this chapter by the board of elections
of a county outside of the city of New York shall be  a  charge  against
the  county  and  in  the  city of New York the expenses of the board of
elections shall be a charge against such city. The expenses incurred  by
the  board  of  elections  of a county outside the city of New York may,
pursuant to section 3-226 of this  chapter,  be  apportioned  among  the
cities  and  towns  therein,  or  in  the  case  of a village OR SPECIAL
DISTRICT election held other than at the time of  the  fall  primary  or
general  election,  apportioned  to  such  villages OR SPECIAL DISTRICTS
therein.
  S 11. Subdivision 1 of section 5-612 of the election law,  as  amended
by chapter 200 of the laws of 1996, is amended to read as follows:
  1.  The  board  of elections [shall], not later than the twentieth day
before a special town election NOT CONDUCTED BY THE BOARD  OF  ELECTIONS
and  not  later  than  the  seventh  day  before  a village election NOT
conducted by the [village clerk] BOARD OF ELECTIONS AND NOT  LATER  THAN
THE  NINETEENTH  DAY BEFORE A SPECIAL DISTRICT ELECTION NOT CONDUCTED BY
THE BOARD OF ELECTIONS, SHALL, provide a list of  registered  voters  or
shall  place registration poll records in properly locked ledgers in the
temporary custody of the town or village clerk OR SECRETARY OF THE BOARD
OF COMMISSIONERS OF THE SPECIAL DISTRICT for the purpose  of  permitting
him to copy such records or to deliver such records for TOWN, village OR
SPECIAL  DISTRICT  election  purposes  to the board of inspectors of the
several polling places in the election districts  as  provided  by  this
chapter.  The  board  of  elections shall indicate on such list, or on a
separate accompanying list, the names of those voters whose registration
records have been marked "permanently disabled".  The names of voters in
inactive status shall appear on a  separate  accompanying  list.  Voters
listed in inactive status who appear at the polls to vote shall be chal-
lenged in the manner provided by section 8-504 of this chapter.
  S  12. Section 6-144 of the election law, as amended by chapter 635 of
the laws of 1990, the opening paragraph as amended by chapter 150 of the
laws of 1996, is amended to read as follows:
  S 6-144.  Nominating and designating petitions and certificates; place
for filing.  Petitions, certificates and minutes specified in this arti-
cle shall be filed in the office of the Board of Elections of the  coun-
ty, except as follows:  for an office or position to be voted for wholly
within  the city of New York, in the office of the Board of Elections of
that city; for an office or position to  be  voted  for  in  a  district
greater  than  one  county,  or portions of two or more counties, in the
office of the state board of elections; for a TOWN OR village office  to
be  filled  in  a TOWN OR village election not conducted by the board of
elections, in the office of  the  TOWN  OR  village  clerk.    All  such
petitions  and  certificates  shall  at  the  time  of filing thereof be
endorsed by such officer or board with the day, hour and minute of  such
filing.  Such officer or board shall keep a book, which shall be open to
public inspection in which shall be entered the times of filing all such
petitions  and  certificates; the names and residences of all candidates
named therein; the names and residences of all candidates  certified  to
such  officer  or  board; the title of the office or party position; the
name of the party or independent body to which the petition  or  certif-
icate  relates  and  a  memorandum of any objections to such petition or
certificate.  Forthwith upon the filing of  a  petition  or  certificate
designating  or  nominating  a person or persons for public office, such

S. 4948                             7

officer or board shall mail notice thereof to each such  person.    Such
notice  shall  also  state  the  last day to decline such designation or
nomination, and include a statement  that  the  candidate's  name  shall
appear on the ballot as it appears in such notice.
  S  13.  Sections  6-100 through 6-168 of article 6 of the election law
are designated title 1 and a new title  heading  is  added  to  read  as
follows:
                  GENERAL, SPECIAL AND PRIMARY ELECTIONS
  S 14. Article 6 of the election law is amended by adding a new title 3
to read as follows:
                                TITLE III
                       SPECIAL DISTRICT ELECTIONS
SECTION 6-300. APPLICATION OF TITLE.
        6-302. NOMINATING PETITIONS; NUMBER OF SIGNATURES.
        6-304. PETITIONS AND CERTIFICATES; PLACE AND TIMES FOR FILING.
        6-306. NOMINATIONS; OBJECTIONS.
  S  6-300.  APPLICATION  OF  TITLE.  THIS  TITLE APPLIES TO ALL SPECIAL
DISTRICT ELECTIONS WHICH ARE CONDUCTED BY THE BOARD OF ELECTIONS.
  S 6-302. NOMINATING PETITIONS;  NUMBER  OF  SIGNATURES.  A  NOMINATING
PETITION  FOR  A  SPECIAL  DISTRICT  OFFICE FOR WHICH SUCH A PETITION IS
REQUIRED, SHALL BE SIGNED BY AT LEAST TWENTY-FIVE  QUALIFIED  VOTERS  OF
THE DISTRICT.
  S  6-304.  PETITIONS AND CERTIFICATES; PLACE AND TIMES FOR FILING.  1.
PETITIONS AND CERTIFICATES OF CANDIDACY SHALL BE FILED WITH THE BOARD OF
ELECTIONS.
  2. A NOMINATING PETITION OR A CERTIFICATE OF CANDIDACY FOR  AN  OFFICE
TO  BE FILLED AT A SPECIAL DISTRICT ELECTION, OTHER THAN A FIRE DISTRICT
ELECTION, SHALL BE FILED  NOT  LATER  THAN  THIRTY  DAYS  PRECEDING  THE
ELECTION.  SUCH  A NOMINATING PETITION OR CERTIFICATE OF CANDIDACY FOR A
SPECIAL DISTRICT ELECTION IN A FIRE DISTRICT SHALL BE  FILED  NOT  LATER
THAN TEN DAYS PRECEDING THE ELECTION.
  S  6-306.  NOMINATIONS; OBJECTIONS. WRITTEN OBJECTIONS TO A NOMINATING
PETITION OR TO A CERTIFICATE OF NOMINATION, CERTIFICATE  OF  ACCEPTANCE,
CERTIFICATE  OF AUTHORIZATION, CERTIFICATE OF DECLINATION OR CERTIFICATE
OF SUBSTITUTION WITH RESPECT TO AN OFFICE TO  BE  FILLED  AT  A  SPECIAL
DISTRICT ELECTION MAY BE FILED NOT LATER THAN THE DAY AFTER THE LAST DAY
TO  FILE SUCH PETITION OR CERTIFICATE, OR THE DAY AFTER SUCH PETITION OR
CERTIFICATE IS RECEIVED BY THE BOARD OF ELECTIONS IF  SUCH  PETITION  OR
CERTIFICATE  IS  MAILED  WITHIN  THE TIME PERMITTED BY LAW, WHICHEVER IS
LATER. WRITTEN SPECIFICATIONS OF THE GROUNDS FOR SUCH  OBJECTIONS  SHALL
BE  SO  FILED WITHIN TWO DAYS THEREAFTER. A FAILURE TO FILE SUCH WRITTEN
SPECIFICATIONS SHALL RENDER THE ORIGINAL OBJECTION NULL AND VOID.   UPON
RECEIPT  OF  WRITTEN SPECIFICATIONS, THE COUNTY BOARD OF ELECTIONS SHALL
IMMEDIATELY NOTIFY EACH CANDIDATE NAMED IN SUCH PETITION OR  CERTIFICATE
AND  TAKE ALL STEPS NECESSARY AND CONSISTENT WITH THIS CHAPTER TO RENDER
A DETERMINATION ON THE QUESTIONS RAISED IN SUCH OBJECTIONS AND  SPECIFI-
CATIONS.  WHEN  A  DETERMINATION  HAS  BEEN  MADE BY THE COUNTY BOARD OF
ELECTIONS THAT THE PETITION IS  SUFFICIENT  OR  INSUFFICIENT,  IT  SHALL
IMMEDIATELY  NOTIFY EACH CANDIDATE NAMED IN THE PETITION OR CERTIFICATE,
AND, IF SUCH DETERMINATION WAS MADE ON OBJECTION, THE OBJECTOR.
  S 15. The opening paragraph of subdivision 1 of section 8-400  of  the
election  law,  as amended by chapter 63 of the laws of 2010, is amended
to read as follows:
  A qualified voter may vote as an absentee voter under this chapter if,
on the occurrence of any village,  SPECIAL  TOWN  OR  SPECIAL  DISTRICT,
OTHER  THAN FIRE DISTRICT, election conducted by the board of elections,

S. 4948                             8

primary election, special election, general election or  New  York  city
community  school  board  district  or  city  of Buffalo school district
election, he or she expects to be:
  S  16.  The opening paragraph of subdivision 1 of section 8-404 of the
election law, as amended by chapter 359 of the laws of 1989, is  amended
to read as follows:
  After  entering  upon  the  registration  records, the application for
registration of an inmate  or  patient  of  a  veterans'  administration
hospital  as  to whom the medical superintendent or medical head of such
hospital has attested that he expects that he  will  not  be  discharged
prior to the day following the next general or special village ELECTION,
SPECIAL  TOWN  OR SPECIAL DISTRICT, OTHER THAN A FIRE DISTRICT, ELECTION
CONDUCTED BY THE BOARD OF ELECTIONS, primary, special,  general  or  New
York  city  community  school  board  district or city of Buffalo school
district election, and the application for registration by  the  spouse,
parent  or  child  of such inmate or patient, accompanying or being with
him or her, if a qualified voter and a resident  of  the  same  election
district,  the  board  of  elections,  without further investigation and
without further application by the applicant, shall send to him at  such
hospital  an absentee ballot and shall record in the signature column on
the back of his permanent personal registration poll  record  that  such
ballot has been sent.
  S 17. Paragraphs (a), (b) and (c) of subdivision 3 of section 9-124 of
the  election  law,  as  amended  by chapter 91 of the laws of 1992, are
amended to read as follows:
  (a) In a city or town, except the city of New York and in a village OR
SPECIAL DISTRICT in which  elections  are  conducted  by  the  board  of
elections, the registration poll records or computer generated registra-
tion  lists,  the  returns  with  tally sheets annexed, the absentee and
military, special federal, special presidential and  emergency  ballots,
stubs  and  ballot  envelopes,  the challenge records and the package of
protested, void and wholly blank ballots shall be filed with  the  board
of elections, and the flag shall be returned to it.
  (b)  Records  and  supplies  to  be filed with a city, town or village
clerk OR SECRETARY OF THE BOARD OF COMMISSIONERS OF A  SPECIAL  DISTRICT
shall  be  so filed or delivered immediately after the completion of the
returns of the canvass, by an  inspector  designated  by  the  board  of
inspectors.  Returns,  papers  and registration poll records or computer
generated registration lists to be filed with  the  board  of  elections
shall  be  so  filed  by  the chairman of the board of inspectors within
twenty-four hours after the  completion  of  such  returns.  The  person
receiving  such  returns  in  the  board  of elections shall give to the
person delivering the returns a receipt stating  therein  the  date  and
hour  of  delivery,  the  name of the person making the delivery, and to
whom said returns were delivered and shall  keep  a  duplicate  of  said
receipt on file in the office of the board of elections.
  (c)  The county legislative body of any county in the state except the
counties comprising the city of New York may, by a resolution, ordinance
or act as required, provide that all returns, papers, registration  poll
records  or computer generated registration lists, books, records, docu-
ments, and other election supplies and materials shall be filed  by  the
chairman  of  the board of inspectors of elections in a city or town and
in a village OR SPECIAL DISTRICT in which elections are conducted by the
board of elections, with the city, town or village clerk OR SECRETARY OF
THE BOARD OF COMMISSIONERS OF A SPECIAL  DISTRICT  of  such  city,  town
[or],  village  OR  SPECIAL DISTRICT in the county within eighteen hours

S. 4948                             9

after the closing of the polls at any primary,  general,  special  [or],
village OR SPECIAL DISTRICT election and the city, town or village clerk
OR  SECRETARY  OF  THE BOARD OF COMMISSIONERS OF A SPECIAL DISTRICT upon
receiving  such  returns,  papers,  registers  or lists, books, records,
documents, and other election supplies and materials shall give  to  the
person  making the delivery, a receipt stating therein the date and hour
of the delivery and the name of such person.  Within  twenty-four  hours
after  the  closing  of the polls at any primary, general, special [or],
village OR SPECIAL DISTRICT election, the city, town or village clerk OR
SECRETARY OF THE BOARD OF COMMISSIONERS OF A SPECIAL DISTRICT shall file
all returns, papers, registration poll  records  or  computer  generated
registration   lists,  books,  records,  documents  and  other  election
supplies and materials filed with him by the inspectors of the  election
districts  of the city, town [or], village OR SPECIAL DISTRICT, with the
board of elections of the county and the board of elections  shall  give
to  the city, town or village clerk OR SECRETARY OF THE BOARD OF COMMIS-
SIONERS OF A SPECIAL DISTRICT a receipt  therefor  stating  therein  the
date  and  hour  of  the  delivery and the name of the person making the
delivery and to whom it was made, and shall keep  a  duplicate  of  said
receipt on file in the office of the board of elections.
  S  18. Section 9-204 of the election law, as amended by chapter 359 of
the laws of 1989, is amended to read as follows:
  S 9-204. County boards of canvassers. The board of elections  of  each
county  or  city shall be the county board of canvassers of such county,
or each county within such city. Such board also shall be the city board
of canvassers of any city  or  cities  within  the  county  for  a  city
election.  Such board shall also be the board of canvassers of the towns
of the county. Such board shall also  be  the  board  of  canvassers  of
villages  in  which  village  elections  are  conducted  by the board of
elections AND OF SPECIAL DISTRICTS IN WHICH SPECIAL  DISTRICT  ELECTIONS
ARE  CONDUCTED BY THE BOARD OF ELECTIONS.  The secretary of the board of
elections, or, if he is absent, or unable to  act,  a  member  or  chief
clerk  designated  by the board shall be the secretary of the canvassing
board. Each canvassing board shall meet at the place  where  it  usually
meets  in  other  capacities  on the day following the election, but its
duties may be performed in any or all of the offices  of  the  board  of
elections.
  S  19.  Subdivision 1 of section 9-208 of the election law, as amended
by chapter 163 of the laws of 2010, is amended to read as follows:
  1.  Within  fifteen  days  after  each  general,  special  or  primary
election,  and  within  seven  days after every village, SPECIAL TOWN OR
SPECIAL DISTRICT election conducted by the board of elections  at  which
ballot  scanners  are  used,  the  board  of  elections, or a bipartisan
committee of or appointed by said board  shall,  in  each  county  using
ballot scanners, make a record of the serial number of each ballot scan-
ner  used  in each election district in such general, special or primary
election. No person who was  a  candidate  at  such  election  shall  be
appointed  to  membership  on  the committee. Such board of elections or
bipartisan committee shall recanvass the tabulated result tape from each
ballot scanner used in each election district  by  comparing  such  tape
with the numbers as recorded on the return of canvass. The said board or
committee  shall also make a recanvass of any election day paper ballots
that have not been scanned and were hand counted pursuant to subdivision
two of section 9-110 of this article and compare the  results  with  the
number  as  recorded  on  the  return of canvass. The board or committee
shall then recanvass write-in votes,  if  any,  on  ballots  which  were

S. 4948                            10

otherwise scanned and canvassed at polling places on election night. The
board  or  committee  shall  validate and prove such sums. Before making
such canvass the board of  elections,  with  respect  to  each  election
district  to  be recanvassed, shall give notice in writing to the voting
machine custodian thereof, to the state and county chair of  each  party
or  independent  body which shall have nominated candidates for the said
general or special election or nominated or elected  candidates  at  the
said  primary  election  and  to  each  individual  candidate whose name
appears on the office ballot, of the time and place where  such  canvass
is  to  be  made;  and  the state and county chair of each such party or
independent body and each such individual candidate may send a represen-
tative to be present  at  such  recanvass.  Each  candidate  whose  name
appears on the official ballot, or his or her representative, shall have
the  right  personally to examine and make a record of the vote recorded
on the tabulated result tape and any ballots which were hand counted.
  S 20. Subdivision 1 of section 9-212 of the election law,  as  amended
by chapter 635 of the laws of 1990, is amended to read as follows:
  1.  The  canvassing  board  shall determine each person elected by the
greatest number of votes to each county office, and each person  elected
by the greatest number of votes to each city, town or village OR SPECIAL
DISTRICT  office of a city, town or village OR SPECIAL DISTRICT of which
it is the board of canvassers.  The canvassing board shall  also  deter-
mine  whether  any  ballot  proposal submitted only to the voters of the
county, or only to the voters of a city, town or village of which it  is
the  board  of canvassers, as the case may be, has by the greater number
of votes been adopted or rejected.
  S 21. Paragraph (a) of subdivision 1 of section 10-108 of the election
law, as amended by chapter 4 of the laws of 2011, is amended to read  as
follows:
  (a)  Ballots for military voters shall be mailed or otherwise distrib-
uted by the board of elections, in accordance with the preferred  method
of  transmission  designated  by the voter pursuant to section 10-107 of
this article, as soon as practicable but in any  event  not  later  than
thirty-two  days  before a primary or general election; twenty-five days
before a New York city  community  school  board  district  or  city  of
Buffalo  school  district  election;  fourteen  days  before  a village,
SPECIAL TOWN OR SPECIAL DISTRICT, OTHER  THAN  FIRE  DISTRICT,  election
conducted  by  the  board  of  elections;  and  forty-five days before a
special election. A voter who  submits  a  military  ballot  application
shall  be  entitled  to a military ballot thereafter for each subsequent
election through and including the next two regularly scheduled  general
elections  held in even numbered years, including any run-offs which may
occur; provided, however, such application shall not be  valid  for  any
election held within seven days after its receipt. Ballots shall also be
mailed to any qualified military voter who is already registered and who
requests  such military ballot from such board of elections in a letter,
which is signed by the voter and received by the board of elections  not
later  than  the seventh day before the election for which the ballot is
requested and which states the address where the voter is registered and
the address to which the ballot is to be mailed. The board of  elections
shall  enclose  with  such  ballot  a  form  of application for military
ballot. In the case of a primary election, the board shall deliver  only
the  ballot  of  the  party  with  which  the military voter is enrolled
according to the military voter's registration records. In the  event  a
primary  election  is  uncontested  in  the  military  voter's  election
district for all offices or  positions  except  the  party  position  of

S. 4948                            11

member  of  the ward, town, city or county committee, no ballot shall be
delivered to such military voter for such  election;  and  the  military
voter  shall  be  advised of the reason why he or she will not receive a
ballot.
  S 22. The article heading of article 15 of the election law is amended
to read as follows:
           VILLAGE, SPECIAL TOWN AND SPECIAL DISTRICT ELECTIONS
  S 23. Sections 15-100 through 15-138 of article 15 of the election law
are  designated  title  1  and  a  new title heading is added to read as
follows:
                             VILLAGE ELECTIONS
  S 24. Article 15 of the election law is  amended  by  adding  two  new
titles 2 and 3 to read as follows:
                                TITLE II
                         SPECIAL TOWN ELECTIONS
SECTION 15-200. APPLICATION OF TITLE.
        15-202. DEFINITIONS.
        15-204. SPECIAL   TOWN  ELECTIONS  CONDUCTED  BY  THE  BOARD  OF
                  ELECTIONS.
        15-206. REGISTRATION OF VOTERS.
  S 15-200. APPLICATION OF TITLE. THE PROVISIONS  OF  THIS  TITLE  SHALL
APPLY  TO ALL SPECIAL TOWN ELECTIONS CONDUCTED BY THE BOARD OF ELECTIONS
PURSUANT TO A RESOLUTION ADOPTED PURSUANT TO THE TOWN LAW AND AS FURTHER
DESCRIBED IN THIS TITLE. ALL THE PROVISIONS OF THIS CHAPTER  NOT  INCON-
SISTENT  WITH THE PROVISIONS OF THE TOWN LAW WITH RESPECT TO THE CONDUCT
OF SUCH SPECIAL  TOWN  ELECTIONS,  SHALL  APPLY  TO  SUCH  SPECIAL  TOWN
ELECTIONS.
  S  15-202.  DEFINITIONS.  THE  TERMS USED IN THIS TITLE SHALL HAVE THE
MEANING HEREIN DEFINED UNLESS ANOTHER MEANING  IS  CLEARLY  APPARENT  IN
LANGUAGE OR CONTEXT:
  1. "SPECIAL TOWN ELECTION" MEANS ANY ELECTION HELD IN ANY TOWN OR PART
THEREOF  AT A TIME OTHER THAN THE TIME OF THE BIENNIAL TOWN ELECTION FOR
ANY PURPOSE SPECIFIED IN THE TOWN LAW,  THE  PUBLIC  OFFICERS  LAW,  THE
LOCAL FINANCE LAW, THE MUNICIPAL HOME RULE LAW OR ANY OTHER LAW.
  2.  "PUBLISH"  MEANS  THAT  ANY  NOTICE  OR  RESOLUTION REQUIRED TO BE
PUBLISHED BY A TOWN IN CONNECTION WITH A SPECIAL TOWN ELECTION SHALL  BE
SO  PRINTED WITHIN THE TIME REQUIRED IN THE LAW REQUIRING PUBLICATION IN
THE OFFICIAL NEWSPAPER OF THE TOWN, OR IF NONE, ONE  OF  GENERAL  CIRCU-
LATION WITHIN THE TOWN.
  S  15-204. SPECIAL TOWN ELECTIONS CONDUCTED BY THE BOARD OF ELECTIONS.
THE TOWN BOARD OF ANY TOWN MAY ADOPT A RESOLUTION SUBJECT TO  A  PERMIS-
SIVE  REFERENDUM,  AS  PROVIDED  IN THE TOWN LAW, PROVIDING THAT SPECIAL
TOWN ELECTIONS SHALL BE  CONDUCTED  BY  THE  BOARD  OF  ELECTIONS.  UPON
APPROVAL  OF  SUCH  A  RESOLUTION  BY THE TOWN BOARD AND BY A PERMISSIVE
REFERENDUM, IF A VALID PETITION FOR SUCH A REFERENDUM IS  TIMELY  FILED,
THE  BOARD OF ELECTIONS SHALL CONDUCT ALL SPECIAL TOWN ELECTIONS IN SUCH
TOWN OR ANY PART THEREOF. SUCH RESOLUTION SHALL TAKE EFFECT AT THE FIRST
ELECTION HELD IN SUCH TOWN OR PART THEREOF MORE THAN  SIXTY  DAYS  AFTER
ITS ADOPTION AND SHALL CONTINUE IN EFFECT FOR ALL SUCH ELECTIONS UNTIL A
SUBSEQUENT  RESOLUTION PROVIDING OTHERWISE SHALL, IN A LIKE MANNER, HAVE
TAKEN EFFECT.
  S 15-206. REGISTRATION OF  VOTERS.  1.  IN  A  SPECIAL  TOWN  ELECTION
CONDUCTED  BY  THE  BOARD  OF ELECTIONS PURSUANT TO A RESOLUTION ADOPTED
PURSUANT TO THE PROVISIONS OF THE TOWN LAW, ONLY  THOSE  PERSONS  REGIS-
TERED  TO  VOTE WITH THE BOARD OF ELECTIONS ON THE TENTH DAY BEFORE SUCH
ELECTION AND SUCH OTHER PERSONS OR ENTITIES ENTITLED  TO  VOTE  IN  SUCH

S. 4948                            12

ELECTION  WHOSE  NAMES HAVE BEEN RECORDED IN THE RECORDS OF THE BOARD OF
ELECTIONS PURSUANT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION
SHALL BE ELIGIBLE TO VOTE.
  2.  A PERSON WHO IS NOT AN ELECTOR OF THE TOWN OR PART OF THE TOWN FOR
WHICH A SPECIAL TOWN ELECTION IS BEING HELD BUT WHO IS ELIGIBLE TO  CAST
A VOTE IN ANY SUCH ELECTION AND ANY OTHER ENTITY ENTITLED TO CAST A VOTE
IN  ANY SUCH ELECTION MUST NOTIFY THE BOARD OF ELECTIONS OF THEIR ELIGI-
BILITY TO VOTE IN SUCH ELECTION AT LEAST TEN DAYS  BEFORE  THE  DATE  OF
SUCH  ELECTION.  SUCH NOTICE MUST SET FORTH THE NAME AND ADDRESS OF SUCH
PERSON OR ENTITY, THE BASIS OF ELIGIBILITY TO VOTE IN SUCH ELECTION AND,
IF SUCH ENTITY IS NOT A NATURAL PERSON, THE  NAME  AND  ADDRESS  OF  THE
NATURAL  PERSON DESIGNATED TO CAST SUCH VOTE, AND SUCH OTHER INFORMATION
AS THE BOARD OF ELECTIONS SHALL REQUIRE.
  3. THE TOWN CLERK SHALL SUPPLY TO THE BOARD OF ELECTIONS SUCH INFORMA-
TION AS IT REQUESTS TO ASSIST THE BOARD IN DETERMINING  THE  ELIGIBILITY
OF ANY PERSON OR ENTITY TO VOTE IN ANY SUCH ELECTION.
                                TITLE III
                       SPECIAL DISTRICT ELECTIONS
SECTION 15-300. APPLICATION OF TITLE.
        15-302. DEFINITIONS.
        15-304. SPECIAL  DISTRICT  ELECTIONS  CONDUCTED  BY THE BOARD OF
                  ELECTIONS.
        15-306. REGISTRATION OF VOTERS.
  S 15-300. APPLICATION OF TITLE. THE PROVISIONS  OF  THIS  TITLE  SHALL
APPLY TO ALL SPECIAL DISTRICT GENERAL AND SPECIAL ELECTIONS CONDUCTED BY
THE  BOARD OF ELECTIONS PURSUANT TO A RESOLUTION ADOPTED PURSUANT TO THE
TOWN LAW AND AS FURTHER DESCRIBED IN THIS TITLE. ALL THE  PROVISIONS  OF
THIS  CHAPTER  NOT INCONSISTENT WITH THE PROVISIONS OF THE TOWN LAW WITH
RESPECT TO THE CONDUCT OF SUCH SPECIAL DISTRICT ELECTIONS,  SHALL  APPLY
TO SUCH SPECIAL DISTRICT GENERAL AND SPECIAL ELECTIONS.
  S  15-302.  DEFINITIONS.  THE  TERMS USED IN THIS TITLE SHALL HAVE THE
MEANING HEREIN DEFINED UNLESS ANOTHER MEANING  IS  CLEARLY  APPARENT  IN
LANGUAGE OR CONTEXT:
  1.  "SPECIAL  DISTRICT ELECTION" MEANS THE ANNUAL ELECTION FOR SPECIAL
DISTRICT COMMISSIONERS OF A SPECIAL DISTRICT OR ANY OTHER ELECTION OF  A
SPECIAL DISTRICT FOR ANY OTHER SPECIAL DISTRICT OFFICE OR PURPOSE SPECI-
FIED IN THE TOWN LAW.
  2.  "PUBLISH"  MEANS  THAT  ANY  NOTICE  OR  RESOLUTION REQUIRED TO BE
PUBLISHED BY A SPECIAL DISTRICT SHALL BE  SO  PRINTED  WITHIN  THE  TIME
REQUIRED  IN  THE LAW REQUIRING PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE SPECIAL DISTRICT, OR IF NONE, ONE OF GENERAL CIRCULATION WITHIN  THE
SPECIAL DISTRICT.
  S  15-304.  SPECIAL  DISTRICT  ELECTIONS  CONDUCTED  BY  THE  BOARD OF
ELECTIONS. THE BOARD OF COMMISSIONERS OF A SPECIAL DISTRICT MAY ADOPT  A
RESOLUTION  SUBJECT  TO A PERMISSIVE REFERENDUM, AS PROVIDED IN THE TOWN
LAW, PROVIDING THAT SPECIAL DISTRICT ELECTIONS SHALL BE CONDUCTED BY THE
BOARD OF ELECTIONS. UPON APPROVAL OF SUCH A RESOLUTION BY THE  BOARD  OF
COMMISSIONERS  AND  BY  A PERMISSIVE REFERENDUM, IF A VALID PETITION FOR
SUCH A REFERENDUM IS TIMELY FILED, THE BOARD OF ELECTIONS SHALL  CONDUCT
ALL SPECIAL DISTRICT ELECTIONS IN SUCH SPECIAL DISTRICT. SUCH RESOLUTION
SHALL  TAKE  EFFECT  AT THE FIRST ELECTION HELD IN SUCH SPECIAL DISTRICT
MORE THAN SIXTY DAYS AFTER ITS ADOPTION AND SHALL CONTINUE IN EFFECT FOR
ALL SUCH ELECTIONS UNTIL A  SUBSEQUENT  RESOLUTION  PROVIDING  OTHERWISE
SHALL, IN A LIKE MANNER, HAVE TAKEN EFFECT.
  S  15-306.  REGISTRATION  OF  VOTERS.  IN  A SPECIAL DISTRICT ELECTION
CONDUCTED BY THE BOARD OF ELECTIONS PURSUANT  TO  A  RESOLUTION  ADOPTED

S. 4948                            13

PURSUANT  TO  THE  PROVISIONS OF THE TOWN LAW, ONLY THOSE PERSONS REGIS-
TERED TO VOTE WITH THE BOARD OF ELECTIONS ON THE TENTH DAY  BEFORE  SUCH
ELECTION SHALL BE ELIGIBLE TO VOTE.
  S  25. Subdivision 2 of section 16-102 of the election law, as amended
by chapter 79 of the laws of 1992, is amended to read as follows:
  2. A proceeding with respect to a petition shall be instituted  within
fourteen  days  after the last day to file the petition, or within three
business days after the officer or board with whom or which  such  peti-
tion was filed, makes a determination of invalidity with respect to such
petition, whichever is later; except that a proceeding with respect to a
petition  for a village, SPECIAL TOWN OR SPECIAL DISTRICT election or an
independent nomination for a special election shall be instituted within
seven days after the last day to file the  petition  for  such  village,
SPECIAL  TOWN  OR SPECIAL DISTRICT election or independent nomination or
within three business days after the officer or board with whom or which
such petition was  filed,  makes  a  determination  of  invalidity  with
respect  to such petition, whichever is later. A proceeding with respect
to a primary, convention, meeting of a party committee, or caucus  shall
be  instituted  within  ten  days  after  the holding of such primary or
convention or the filing of the certificate of nominations made at  such
caucus or meeting of a party committee.
  S  26. Subdivision 5 of section 16-106 of the election law, as amended
by chapter 359 of the laws of 1989, is amended to read as follows:
  5. A proceeding under subdivisions one and three of this section  must
be  instituted  within  twenty  days  and  under subdivision two OF THIS
SECTION, within thirty days after  the  election  or  alleged  erroneous
statement  or  determination  was made, or the time when the board shall
have acted in the particulars as to which it is claimed to  have  failed
to  perform  its  duty,  except that such a proceeding with respect to a
village, SPECIAL TOWN OR SPECIAL DISTRICT election  must  be  instituted
within ten days after such election, statement, determination or action.
  S  27.  Section  361-a of the county law, as amended by chapter 359 of
the laws of 1989, is amended to read as follows:
  S 361-a. Expenses of boards of elections outside New York City; appor-
tionment of. The board of elections in each county, outside of the  city
of  New York, on or before the fifteenth day of December and not earlier
than the first day of October, in each year, shall certify to the  clerk
of  the legislative body of the county, the total amount of the expenses
of such board of elections, including salaries for the  preceding  year,
and, if the legislative body of any county shall so direct, shall certi-
fy to such clerk the portions of such expenses which under provisions of
law are to be borne by any city or cities in said county and the portion
thereof  which  is to be borne by the rest of such county and such clerk
shall thereupon notify the proper local official or officials,  who,  in
spreading  upon  the  assessment-rolls  the  taxes to be levied upon the
taxable property in the city or any such cities, and in the rest of  the
county,  shall  include in the amount so spread the amounts certified by
the board of elections to be borne by such city or cities, respectively,
and in the amount spread upon the assessment-rolls of the taxable  prop-
erty in the several towns or other political subdivisions of the rest of
the  county  the  amount  so  certified by said board of elections to be
borne by such towns or political subdivisions respectively. Whenever any
additional expenses either for salaries or supplies in addition  to  the
regular  county-wide  primary and GENERAL election expenses are incurred
by a board of elections incidental to any election in  any  city,  town,
SPECIAL  DISTRICT  or  village, such board of elections shall certify to

S. 4948                            14

the county legislative body a detailed statement of  such  expenses  and
said  county  legislative body may cause the amount thereof to be levied
against such city, town, SPECIAL DISTRICT or village or may certify  the
amount  thereof to such city, town, SPECIAL DISTRICT or village and such
city, town, SPECIAL DISTRICT or village shall upon  such  certification,
include  the  amount  so  certified  in the next budget and tax levy and
shall pay the same to the county.
  S 28. Section 64 of the town law is amended by adding a  new  subdivi-
sion 26 to read as follows:
  26.  RESOLUTIONS.    MAY  ADOPT  A RESOLUTION, SUBJECT TO A PERMISSIVE
REFERENDUM, PROVIDING THAT ALL SPECIAL ELECTIONS IN SUCH TOWN  SHALL  BE
CONDUCTED  BY  THE  COUNTY  BOARD  OF ELECTIONS. UPON APPROVAL OF SUCH A
RESOLUTION BY THE TOWN BOARD AND BY THE VOTERS IN A PERMISSIVE  REFEREN-
DUM,  IF  A  VALID  PETITION  FOR SUCH A REFERENDUM IS TIMELY FILED, THE
COUNTY BOARD OF ELECTIONS SHALL CONDUCT ALL SPECIAL  ELECTIONS  REQUIRED
TO  BE HELD IN SUCH TOWN OR ANY PART THEREOF. SUCH RESOLUTION SHALL TAKE
EFFECT FOR 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 A LIKE MANNER,  HAVE
TAKEN EFFECT.
  S 29. Subdivision 4 of section 81 of the town law, as amended by chap-
ter 434 of the laws of 1984, is amended to read as follows:
  4.  Such petition shall be subscribed and authenticated, in the manner
provided by the  election  law  for  the  authentication  of  nominating
petitions,  by electors of the town qualified to vote upon a proposition
to raise and expend money, in number equal to at least five  per  centum
of  the  total  votes cast for governor in said town at the last general
election held for the election of state officers, but such number  shall
not  be less than one hundred in a town of the first class nor less than
twenty-five in a town of the second class.  If such a petition be  filed
in  the office of the town clerk not less than sixty days, nor more than
seventy-five days, prior to a biennial town  election,  the  proposition
shall  be  submitted  at  such  biennial  election.    If  a petition be
presented at any other time, a special election shall be  called  to  be
held not less than sixty days, nor more than seventy-five days after the
filing  of  such  petition  EXCEPT THAT IF SUCH SPECIAL ELECTION WILL BE
CONDUCTED BY THE BOARD OF ELECTIONS AND THE  DATES  PRESCRIBED  BY  THIS
SUBDIVISION  FOR  CONDUCTING  SUCH  ELECTION ARE WITHIN THIRTY DAYS OF A
GENERAL OR PRIMARY ELECTION CONDUCTED BY SUCH BOARD OF  ELECTIONS,  THEN
SUCH  SPECIAL  ELECTION SHALL BE HELD NOT LESS THAN THIRTY NOR MORE THAN
FORTY-FIVE DAYS AFTER SUCH GENERAL OR PRIMARY ELECTION.
  S 30. Section 83 of the town law, as amended by  chapter  134  of  the
laws of 1986, is amended to read as follows:
  S  83. Conduct of town elections. The town board shall select from the
list of election inspectors and ballot clerks previously designated  for
general  election purposes, pursuant to the election law, persons to act
as election inspectors and ballot clerks for each voting place at  which
a  special  town election NOT CONDUCTED BY THE COUNTY BOARD OF ELECTIONS
shall be held. Election inspectors and ballot clerks for  biennial  town
elections  shall be those appointed as provided by the election law, and
both special town elections and biennial elections shall  be  conducted,
the  votes  canvassed,  and the results certified and returned so far as
practicable in the manner prescribed by such law. Upon  the  closing  of
the polls at any election NOT CONDUCTED BY THE COUNTY BOARD OF ELECTIONS
at which a proposition or propositions shall be voted upon, the election
inspectors shall proceed to canvass the votes thereat and shall complete

S. 4948                            15

such  canvass  without adjournment. As soon as possible after completion
OF THE CANVASS OF ANY ELECTION NOT CONDUCTED  BY  THE  COUNTY  BOARD  OF
ELECTIONS  the  inspectors  shall file with the town clerk a certificate
setting  forth  the  holding  of the election, the total number of votes
cast upon each proposition, and the number of votes cast for and against
each proposition, together with the name and  address  of  every  person
voting at such election upon such proposition or propositions.
  S 31. Subdivision 2 of section 84 of the town law, as amended by chap-
ter 281 of the laws of 1998, is amended to read as follows:
  2.  The  town  board of a town may, by resolution adopted at a regular
meeting, determine that thereafter personal registration of voters shall
be required for special town elections NOT CONDUCTED BY THE COUNTY BOARD
OF ELECTIONS.  Such resolution and the notice hereinafter  provided  for
shall specify the day or days, the place or places, and the hours during
which  a  board  or boards of registration shall meet for the purpose of
preparing a register of voters of the town qualified  to  vote  in  such
special elections, who shall present themselves personally for registra-
tion  for such special election. The town clerk shall give notice at the
expense of the town, by the publication  of  a  notice  in  a  newspaper
published  in  said  town,  if  there be any, or, if there be none, in a
newspaper published in the county  having  general  circulation  in  the
town,  specifying the day or days, the place or places, and hours during
which the board or boards of registration will meet for the  purpose  of
preparing a register of qualified voters of the town as provided in this
section. The first publication of such notice shall be at least ten days
prior to the first day fixed by the town board on which boards of regis-
tration  shall  meet. In addition, the town clerk shall post or cause to
be posted in five conspicuous places in said town copies of such  notice
at  least  ten  days  prior  to the first day fixed by the town board on
which the boards of registration shall meet.
  S 32. Subdivision 1 of section 84-a of the town law, as added by chap-
ter 396 of the laws of 1988, is amended to read as follows:
  1. Absentee ballots shall be provided PURSUANT TO  THE  PROVISIONS  OF
THIS  SECTION for all special town elections NOT CONDUCTED BY THE COUNTY
BOARD OF ELECTIONS for which personal registration is required.
  S 33. Subdivisions 1 and 6 of section 175 of the town law, subdivision
1 as amended by chapter 185 of the laws of 2010  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,  except  that  in the Ocean Bay Park fire
district, the Lonelyville fire district, the Davis Park  fire  district,
the  Cherry Grove 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 coun-
ty, such annual election shall be held on the first Tuesday in December.
The board of fire commissioners shall give notice [thereof] OF  SUCH  AN
ELECTION NOT CONDUCTED BY THE BOARD OF ELECTIONS 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 ther-

S. 4948                            16

eat 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
NOT  CONDUCTED BY THE BOARD OF ELECTIONS and the polls shall remain open
for the receipt thereof at all elections of fire district officers  from
six  o'clock  in  the evening until nine o'clock in the evening and such
additional consecutive hours prior thereto as the board of fire  commis-
sioners of such district may have determined and specified in the notice
thereof. The board of fire 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 NOT CONDUCTED BY THE BOARD OF
ELECTIONS and shall designate not less than two nor more than four resi-
dent fire district electors, who shall be registered voters of the  town
to  act  as election inspectors and ballot clerks at ANY 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  commission-
ers  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 o'clock in the evening
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
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]. 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  inspec-
tors  and  ballot  clerks at each such polling place IN ANY ELECTION NOT
CONDUCTED BY THE COUNTY BOARD OF ELECTIONS.  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 o'clock in the evening
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
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 inspec-
tor or ballot clerk.
  S 34. Subdivision 1, the opening paragraph and paragraph (a) of subdi-
vision 2, the opening paragraph of subdivision 3 and subdivisions 5  and
6 of section 175-a of the town law, subdivision 1 as amended by  chapter
169  of  the  laws  of  1997, the opening paragraph and paragraph (a) of

S. 4948                            17

subdivision 2, the opening paragraph of subdivision 3 and subdivision  5
as added by chapter 202 of the laws of 1984 and subdivision 6 as amended
by chapter 456 of the laws of 1986, are amended to read as follows:
  1. The board of fire commissioners of any fire district may provide by
resolution,  that a proposition be submitted at any annual fire district
election providing that additional personal registration of  voters  not
registered  with  the  board  of  elections  shall  be permitted for all
elections in such fire district NOT CONDUCTED BY  THE  COUNTY  BOARD  OF
ELECTIONS.  Such additional personal registration may be terminated by a
resolution  of  the  board  of  fire  commissioners and the passage of a
proposition at any annual fire district election.
  Registration for all fire district  elections  NOT  CONDUCTED  BY  THE
COUNTY BOARD OF ELECTIONS shall be conducted as follows:
  (a)  Only  those  persons registered with the board of elections on or
before the [twenty-third] TWENTY-FIRST  day  before  such  election  and
those  persons  whose  names  are  placed  on the fire district register
pursuant to the provisions of this section shall be entitled to vote  in
such district.
  The  register  for  the  annual  fire  district  election FOR DISTRICT
ELECTIONS NOT CONDUCTED BY  THE  COUNTY  BOARD  OF  ELECTIONS  shall  be
prepared  in each fire 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 of fire commissioners. In preparing such  regis-
ter,  the  inspectors of election shall comply with the following proce-
dure:
  5. Registration for  special  fire  district  elections  FOR  DISTRICT
ELECTIONS  NOT  CONDUCTED BY THE COUNTY BOARD OF ELECTIONS shall be held
in the same manner as  is  provided  herein  for  annual  fire  district
elections,  and  registration days therefor shall be the same as if said
special fire district election were the annual fire 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  seventy-five  of this [chapter] ARTICLE, the board of fire
commissioners shall, by resolution adopted at least forty days prior  to
the  annual  fire district election FOR DISTRICT ELECTIONS NOT CONDUCTED
BY THE COUNTY BOARD OF ELECTIONS, designate  a  resident  fire  district
elector  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  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 of fire commissioners 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 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  35. Subdivisions 7, 8 and 29 of section 176 of the town law, subdi-
vision 7 as amended by chapter 35 of the laws of 1996, subdivision 8  as
amended  by  chapter 602 of the laws of 1947 and subdivision 29 as added
by chapter 568 of the laws of 1949, are amended to read as follows:
  7. Shall require that candidates for district offices file their names
with the secretary of the fire district OR, IF THE ELECTION FOR DISTRICT
OFFICES IS CONDUCTED BY THE COUNTY BOARD OF ELECTIONS, WITH SUCH  COUNTY
BOARD  OF ELECTIONS, at least twenty days prior to the date of such fire
district elections and in addition may provide by resolution  that  such

S. 4948                            18

nominations  be  submitted in petition form subscribed by AT LEAST twen-
ty-five  qualified  voters  of  the  district.  Thereafter  the  ballots
prepared  for  the  election of fire district officers shall specify the
names  of the candidates duly filed and in addition provide proper blank
spaces for each office to be filled at such election. If any such resol-
ution shall be adopted, the requirements thereof shall be  specified  in
the  notice of each fire district election held thereafter. The board of
fire commissioners may rescind such resolution at any time and thereaft-
er fire district officers shall be elected as otherwise provided herein.
  8. Shall appoint officials for fire district elections  NOT  CONDUCTED
BY  THE  COUNTY  BOARD  OF  ELECTIONS as provided in section one hundred
seventy-five of this chapter and  may  provide  for  their  compensation
pursuant to such section.
  29.  May authorize the use of voting machines at any annual or special
election held within the fire district and such voting machine shall  be
used  in  accordance  with the provisions contained in [article nine of]
the election law.
  S 36. Section 176 of the town law is amended by adding a new  subdivi-
sion 35 to read as follows:
  35.  MAY  ADOPT  A  RESOLUTION,  SUBJECT  TO  A PERMISSIVE REFERENDUM,
PROVIDING THAT ALL ELECTIONS IN SUCH FIRE DISTRICT SHALL BE CONDUCTED BY
THE COUNTY BOARD OF ELECTIONS. UPON APPROVAL OF SUCH A RESOLUTION BY THE
BOARD OF COMMISSIONERS AND BY THE VOTERS IN A PERMISSIVE REFERENDUM,  IF
A VALID PETITION FOR SUCH A REFERENDUM IS TIMELY FILED, THE COUNTY BOARD
OF  ELECTIONS  SHALL  CONDUCT  ALL ELECTIONS REQUIRED TO BE HELD IN SUCH
FIRE DISTRICT. SUCH RESOLUTION SHALL TAKE  EFFECT  FOR  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 A LIKE MANNER, HAVE TAKEN EFFECT.
  S  37.  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. The district  commissioners
of  such  improvement  district  shall  publish  at  the  expense of the
district the notice of each election of improvement district commission-
ers held pursuant to this article WHICH IS NOT CONDUCTED BY  THE  COUNTY
BOARD OF ELECTIONS.  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  until  nine o'clock in the evening and such additional
consecutive hours prior thereto as the district commissioners may deter-
mine and specify in the notice of such election. The  board  of  commis-
sioners  of such district shall designate for each district election NOT
CONDUCTED BY THE COUNTY BOARD OF ELECTIONS 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

S. 4948                            19

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 NOT CONDUCTED BY THE COUNTY BOARD
OF  ELECTIONS,  and may authorize the use of voting machines approved by
the [secretary of] state BOARD  OF  ELECTIONS  at  any  SUCH  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  inspectors  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  inspec-
tors  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 38. Subdivision 1, the opening paragraph and paragraph (a) of subdi-
vision  2, the opening paragraph of subdivision 3 and subdivisions 4 and
5 of section 213-a of the town law, subdivision 1 as amended by  chapter
530  of  the  laws  of  1992, the opening paragraph and paragraph (a) of
subdivision 2, the opening paragraph of subdivision 3 and subdivisions 4
and 5 as added by chapter 400 of the laws of 1985, are amended  to  read
as follows:
  1.  The  board  of  commissioners of any improvement district in which
commissioners are elected may provide by resolution that  a  proposition
be  submitted at any annual improvement district election providing that
additional personal registration of voters not registered with the board
of elections shall be permitted for all elections  in  such  improvement
district NOT CONDUCTED BY THE COUNTY BOARD OF ELECTIONS.
  Registration  for  all improvement district elections NOT CONDUCTED BY
THE COUNTY BOARD OF ELECTIONS shall be conducted as follows:
  (a) Only those persons registered with the board of  elections  on  or
before  the  [twenty-third]  TWENTY-FIRST  day  before such election and
those persons whose names are placed on the improvement district  regis-
ter pursuant to the provisions of this section shall be entitled to vote
in such district.
  The  register  for  [the] ANY annual improvement district election NOT
CONDUCTED BY THE COUNTY BOARD OF ELECTIONS shall  be  prepared  in  each
district  by  the  inspectors  of  election thereof on the days prior to
registration day, if any, designated therefor, AND on  the  registration
day, if any, at the times and places designated by the resolution of the
board  of  commissioners.  In preparing such register, the inspectors of
election shall comply with the following procedure:
  4. The SECRETARY OF THE BOARD  OF  COMMISSIONERS  OF  THE  improvement
district  [secretary]  shall  furnish  the  inspectors  of  election, at
district expense, with all necessary registration books, papers,  equip-
ment and supplies.
  5.  In  lieu of the provisions for designating the election inspectors
and ballot clerks, as set forth in section two hundred  twelve  of  this
[chapter]  ARTICLE,  in  improvement districts where additional personal
registration is permitted FOR DISTRICT ELECTIONS NOT  CONDUCTED  BY  THE
COUNTY  BOARD  OF ELECTIONS, the board of commissioners shall, by resol-
ution adopted at least forty days prior to the annual district election,
designate a resident improvement district elector to act as chairman  of
any  election of said district and shall designate not less than two nor
more than four resident district electors to act as election  inspectors

S. 4948                            20

and  ballot  clerks  in ANY such election. Such resolution shall fix the
compensation of the chairman and inspectors and, in addition, the  board
of  commissioners  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 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  39.  Subdivision  1  of  section 213-b of the town law, as added by
chapter 400 of the laws of 1985, is amended to read as follows:
  1. The board of commissioners of any  improvement  district  in  which
commissioners  are  elected,  may,  by  resolution, provide for absentee
ballots for the election of the commission[, in accordance with].   SUCH
ABSENTEE BALLOTS FOR IMPROVEMENT DISTRICT ELECTIONS NOT CONDUCTED BY THE
COUNTY  BOARD  OF  ELECTIONS SHALL BE CAST PURSUANT TO the provisions of
this section. SUCH ABSENTEE BALLOTS FOR IMPROVEMENT  DISTRICT  ELECTIONS
CONDUCTED BY THE COUNTY BOARD OF ELECTIONS SHALL BE CAST PURSUANT TO THE
PROVISIONS OF THE ELECTION LAW. 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.
  S  40.  Subdivision  20  of section 215 of the town law, as amended by
chapter 400 of the laws of 1985, is amended to read as follows:
  20. [May] SHALL provide by resolution  that  candidates  for  district
offices  shall  file  their  names  with  the  secretary of the board of
commissioners OR, IF THE ELECTION FOR DISTRICT OFFICES IS  CONDUCTED  BY
THE  COUNTY  BOARD OF ELECTIONS, WITH SUCH COUNTY BOARD OF ELECTIONS, at
least thirty days prior to the date of the district elections,  and,  in
addition,  require  that  such  nominations  FOR  DISTRICT ELECTIONS NOT
CONDUCTED BY THE COUNTY BOARD OF ELECTIONS be submitted in petition form
subscribed by twenty-five registered voters of the district.   Thereaft-
er,  the ballots for the election of district officers shall specify the
names of the candidates duly filed  and,  in  addition,  provide  proper
blank  spaces for each office to be filled at such election. If any such
resolution shall be adopted, the requirements thereof shall be specified
in the notice of each district election  NOT  CONDUCTED  BY  THE  COUNTY
BOARD  OF  ELECTIONS  held  thereafter.  The  board of commissioners may
rescind such resolution at any time  and  thereafter  district  officers
shall be elected as otherwise provided herein.
  S  41. Section 215 of the town law is amended by adding a new subdivi-
sion 24 to read as follows:
  24. MAY ADOPT  A  RESOLUTION,  SUBJECT  TO  A  PERMISSIVE  REFERENDUM,
PROVIDING  THAT  ALL  ELECTIONS  IN  SUCH  IMPROVEMENT DISTRICT SHALL BE
CONDUCTED BY THE COUNTY BOARD OF ELECTIONS.  UPON  APPROVAL  OF  SUCH  A
RESOLUTION  BY THE BOARD OF COMMISSIONERS AND BY THE VOTERS IN A PERMIS-
SIVE REFERENDUM, IF A VALID PETITION FOR SUCH  A  REFERENDUM  IS  TIMELY
FILED,  THE  COUNTY  BOARD  OF  ELECTIONS  SHALL  CONDUCT  ALL ELECTIONS
REQUIRED TO BE HELD IN SUCH IMPROVEMENT DISTRICT. SUCH RESOLUTION  SHALL
TAKE  EFFECT FOR 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 A LIKE MANNER,  HAVE
TAKEN EFFECT.
  S 42. Paragraph a of subdivision 1 of section 24 of the municipal home
rule  law,  as amended by chapter 271 of the laws of 1986, is amended to
read as follows:
  a. A local law adopted by a county, city or town and subject to refer-
endum on petition as provided in this section  or  in  any  other  state

S. 4948                            21

statute,  if  not  also  subject to mandatory referendum, shall not take
effect until at least forty-five days  after  its  adoption;  nor  until
approved by the affirmative vote of a majority of the qualified electors
of  the  local  government  voting  on a proposition for its approval if
within forty-five days after its adoption there be filed with the  clerk
a  petition  protesting against such local law, signed and authenticated
as herein required by  qualified  electors  of  such  local  government,
registered  to  vote  therein at the last preceding general election, in
number equal to at least ten per centum of the  total  number  of  votes
cast  for  governor  at  the  last  gubernatorial election in such local
government. If such petition be so filed, a proposition for the approval
of such local law shall be submitted at the  next  general  election  of
state  or  local  government  officers held in such local government not
less than sixty days after the filing of such petition, unless the peti-
tion request and the legislative body adopt a local law submitting  such
proposition  at  a  special election held not less than sixty days after
the adoption of the local  law  providing  for  such  special  election,
EXCEPT  THAT  IF SUCH SPECIAL ELECTION WILL BE CONDUCTED BY THE BOARD OF
ELECTIONS, THE DATE FIXED FOR SUCH SPECIAL ELECTION MAY  NOT  BE  WITHIN
THIRTY  DAYS OF A GENERAL OR SPECIAL ELECTION CONDUCTED BY SUCH BOARD OF
ELECTIONS.   The petition may be made  upon  separate  sheets,  and  the
signatures to each sheet shall be signed and authenticated in the manner
provided by the election law for the signing and authentication of nomi-
nating  petitions so far as applicable. The several sheets so signed and
authenticated, when fastened together and offered for filing,  shall  be
deemed  to  constitute  one  petition. The clerk shall examine each such
petition so filed with him and not later than thirty days after the date
of its filing, or forty-five days before the  day  of  the  election  at
which  such referendum would appear on the ballot, whichever is earlier,
shall transmit to the legislative body a certificate that he  has  exam-
ined  it  and has found that it complies or does not comply, as the case
may be, with all the requirements of law. If within five days after  the
last  day  to  file such certificate a written objection to the determi-
nation of the clerk be filed with the  supreme  court,  or  any  justice
thereof,  of  a  judicial district in which such local government or any
part thereof is located, such court or justice shall determine any ques-
tion arising thereunder and make such  order  as  justice  may  require.
Such  proceeding  shall be heard and determined in the manner prescribed
by section 16-116 of the election law.
  S 43. This act shall take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

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