S T A T E   O F   N E W   Y O R K
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                                 5966--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
  tee  on  Local  Governments  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the town law, in relation to changing the date  of  fire
  district votes

  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 NEXT SUCCEEDING THE FIRST  MONDAY  in  [December]
NOVEMBER,  except  that in the Ocean Bay Park fire district, the Lonely-
ville 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 succeed-
ing 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 LOCAL board of ELECTIONS FOR EACH fire
[commissioners] DISTRICT 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 ther-
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] LOCAL  BOARD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08937-04-5
              

A. 5966--A                          2

OF  ELECTIONS  FOR  EACH 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 district officers from six
o'clock  in  the [evening] MORNING until nine o'clock in the evening and
such additional consecutive hours prior thereto as the  LOCAL  board  OF
ELECTIONS  FOR  EACH [of] fire [commissioners of such] district may have
determined and specified in the  notice  thereof.  The  LOCAL  board  of
ELECTIONS FOR EACH fire [commissioners] DISTRICT shall designate a resi-
dent 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 LOCAL board of ELECTIONS FOR EACH fire [commission-
ers] DISTRICT 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]
MORNING 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] MORNING are determined and  speci-
fied  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  LOCAL board of ELECTIONS FOR EACH fire [commissioners]
DISTRICT 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 LOCAL board
of ELECTIONS FOR EACH fire [commissioners] DISTRICT 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 LOCAL board of
ELECTIONS FOR EACH 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] MORNING 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 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.