senate Bill S6425

2011-2012 Legislative Session

Authorizes property owners in the Dunewood fire district, regardless of where they reside, to vote, in person or by absentee ballot, in district 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
Jun 21, 2012 recommitted to rules
Jun 14, 2012 starred on calendar
Jun 13, 2012 ordered to third reading cal.1211
committee discharged and committed to rules
Feb 08, 2012 referred to local government

Votes

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Jun 13, 2012 - Rules committee Vote

S6425
21
2
committee
21
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S6425 - Bill Details

See Assembly Version of this Bill:
A9278
Current Committee:
Senate Rules
Law Section:
Town Law
Laws Affected:
Amd §§175, 175-a & 175-b, Town L

S6425 - Bill Texts

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Authorizes property owners in the Dunewood fire district, regardless of where they reside, to vote, in person or by absentee ballot, in district elections.

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BILL NUMBER:S6425

TITLE OF BILL:
An act
to amend the town law, in relation to elections in the Dunewood fire
district in the county of Suffolk

PURPOSE:
To authorize property owners in the Dunewood fire district, regardless
of where they reside, to vote, in person or by absentee ballot, in
district elections.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 2 of section 175 of the Town
Law (TWN) to provide that property owners in the Dunewood fire
district, regardless of where they reside, shall be qualified to vote
in district elections.

Section 2 adds a new subdivision 1-a to TWN §175-a to require that the
Dunewood Fire District Board of Commissioners provide for the
registration of all voters who own property within the district,
regardless if they are registered with the Board of Elections to vote
at that address, for all district elections.

Section 3 adds two new subdivisions, 1-a and 11-a, to TWN §175-b.
Subdivision 1-a requires the Dunewood Fire District Board of
Commissioners to provide for absentee ballots for fire district
elections. Subdivision 11-a stipulates that the Suffolk County Board
of Elections shall not withhold its certification of any Dunewood
Fire District elections on the basis that any voter is not a resident
of such district when the voter owns property in the district.

Section 4 provides the effective date.

JUSTIFICATION:
Dunewood is a small, seasonal community on Fire Island in Suffolk
County where only two of the property owners reside year-round. The
community is only accessible by boat or ferry, making it difficult
for seasonal residents to participate in the local fire district
elections in December. Expanding the rights of eligible voters in the
fire district by allowing them to vote by absentee ballot, regardless
of where they reside, will encourage greater citizen participation in
fire district elections.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to State; local to be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  6425

                            I N  S E N A T E

                            February 8, 2012
                               ___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, in relation to elections in  the  Dunewood
  fire district in the county of Suffolk

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

  Section 1. Subdivision 2 of section 175 of the town law, as amended by
chapter 202 of the laws of 1984, is amended to read as follows:
  2. Every elector of the town 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 fire district officers shall be  qualified  to
vote  for such officers. Every elector of the town who shall be a regis-
tered voter and who shall have resided in  the  fire  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.
PROVIDED, FURTHER, THAT IN THE DUNEWOOD FIRE DISTRICT, EVERY PERSON  WHO
OWNS  REAL  PROPERTY  WITHIN SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS
NEXT PRECEDING ANY ELECTION OF FIRE DISTRICT  OFFICERS  OR  AT  WHICH  A
PROPOSITION  SHALL  BE  SUBMITTED,  REGARDLESS  OF  WHETHER  SUCH PERSON
RESIDES IN THE FIRE DISTRICT, SHALL BE QUALIFIED TO VOTE FOR SUCH  OFFI-
CERS AND UPON SUCH PROPOSITION.
  S 2. Section 175-a of the town law is amended by adding a new subdivi-
sion 1-a to read as follows:
  1-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, THE BOARD OF FIRE COMMISSIONERS OF THE DUNEWOOD  FIRE  DISTRICT
SHALL,  IN  ADDITION  TO  VOTERS REGISTERED WITH THE BOARD OF ELECTIONS,
PROVIDE FOR THE REGISTRATION, FOR ALL ELECTIONS IN SUCH  FIRE  DISTRICT,
OF  EVERY  PERSON  WHO  OWNS  REAL PROPERTY WITHIN SUCH DISTRICT FOR THE
PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION, REGARDLESS OF WHETHER
SUCH PERSON RESIDES IN THE FIRE DISTRICT.
  S 3. Section 175-b of the town law is amended by adding two new subdi-
visions 1-a and 11-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13738-02-2

S. 6425                             2

  1-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  BOARD OF FIRE COMMISSIONERS OF THE DUNEWOOD FIRE DISTRICT
SHALL PROVIDE FOR ABSENTEE BALLOTS OF FIRE DISTRICT ELECTIONS.
  11-A.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, IN THE
DUNEWOOD FIRE DISTRICT, ABSENTEE BALLOTS COMPLETED BY  PERSONS  WHO  OWN
REAL  PROPERTY  WITHIN  SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS NEXT
PRECEDING THE ELECTION, SHALL BE CERTIFIED  AND  THE  BALLOTS  SHALL  BE
DEPOSITED  IN  THE  PROPER  BOX  OR BOXES. THE BOARD OF ELECTIONS OF THE
COUNTY OF SUFFOLK SHALL NOT WITHHOLD ITS CERTIFICATION OF  ANY  DUNEWOOD
FIRE  DISTRICT ELECTION ON THE BASIS THAT ANY VOTER IS NOT A RESIDENT OF
SUCH DISTRICT WHEN THE VOTER OWNS REAL PROPERTY WITHIN THE DISTRICT  FOR
THE PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION.
  S 4. This act shall take effect immediately.

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