S T A T E   O F   N E W   Y O R K
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                                  3235

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced by M. of A. RABBITT -- Multi-Sponsored by -- M. of A. MONTES-
  ANO -- read once and referred to the Committee on Local Governments

AN  ACT  to amend the town law, in relation to changing the date of fire
  district votes and the amount of compensation for poll workers

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

  Section 1. Subdivisions 1 and 6 of section 175 of the town law, subdi-
vision 1 as amended by chapter 334 of the laws of 2011 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]  FIRST Tuesday in [December] NOVEMBER, except that in the Ocean
Bay Park fire district, the Lonelyville fire district,  the  Davis  Park
fire  district,  the  Cherry  Grove  fire district, the Fair Harbor 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 county, such annual election
shall  be  held  on  the  first  Tuesday  in December. The board of fire
commissioners 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 fire district shall
prepare the ballots for all elections of fire district officers and  the
polls shall remain open for the receipt thereof at all elections of fire

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05364-01-3
              

A. 3235                             2

district officers from [six] NINE o'clock in the [evening] MORNING until
nine  o'clock in the evening and such additional consecutive hours prior
thereto as the board of fire commissioners 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 and 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 inspectors and ballot clerks at
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 commissioners 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] NINE o'clock in the
[evening] MORNING until nine o'clock in the evening, a sum not to exceed
[thirty-five] ONE HUNDRED FORTY dollars for each such official; if addi-
tional consecutive hours prior to six o'clock in the evening are  deter-
mined 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 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 inspectors and
ballot clerks at each such polling place. 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] NINE o'clock in the
[evening] MORNING until nine o'clock in the evening, a sum not to exceed
[thirty-five] ONE HUNDRED FORTY 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 inspector or ballot clerk.
  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.