S T A T E O F N E W Y O R K
________________________________________________________________________
6066
2015-2016 Regular Sessions
I N A S S E M B L Y
March 11, 2015
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Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Local Governments
AN ACT to amend the municipal home rule law, in relation to special
elections for municipal referenda
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The municipal home rule law is amended by adding a new
section 29 to read as follows:
S 29. MUNICIPAL REFERENDA; ELECTIONS. 1. ANY SPECIAL ELECTION FOR A
MUNICIPAL REFERENDUM OR REFERENDA IN A MUNICIPALITY WITH A POPULATION AS
RECORDED IN THE LAST DECENNIAL CENSUS OF TWENTY-FIVE THOUSAND OR MORE
SHALL BE OPERATED BY THE COUNTY OR CITY BOARD OF ELECTIONS WITHIN WHICH
THE MUNICIPALITY LIES. ALL RULES AND REGULATIONS AS PROVIDED IN THE
ELECTION LAW AND RULES AND REGULATIONS OF THE NEW YORK STATE BOARD OF
ELECTIONS FOR ELECTION TO PUBLIC OFFICE SHALL APPLY TO SUCH REFERENDUM
OR REFERENDA. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, LAWS CONCERNING
VOTER ELIGIBILITY AND VOTER REGISTRATION, ABSENTEE AND MILITARY BALLOTS,
THE PLACE AND MANNER OF POLLING, THE COUNTING OF VOTES AND LITIGATION
CONCERNING THE ELECTION.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN A SPECIAL ELECTION FOR A MUNICIPAL REFERENDUM OR REFERENDA NOT TO BE
HELD ON A STATE PRIMARY DAY OR GENERAL ELECTION DAY, THE LAST DAY FOR
VOTER REGISTRATION FORMS TO BE RECEIVED BY THE CITY OR COUNTY BOARD OF
ELECTIONS SHALL BE FIFTEEN DAYS PRIOR TO THE DATE OF SUCH SPECIAL
ELECTION. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, ONLY REGIS-
TERED VOTERS AS DEFINED BY THE ELECTION LAW SHALL BE PERMITTED TO VOTE
IN A MUNICIPAL REFERENDUM OR REFERENDA REGARDLESS OF THE SIZE OF THE
POPULATION OF THE MUNICIPALITY.
3. NO MUNICIPALITY SUBJECT TO THIS SECTION MAY PASS ANY LOCAL LAW
ALTERING OR SUPERSEDING THIS LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00689-01-5
A. 6066 2
4. ANY PROVISION IN ANY OTHER LAW CONCERNING MUNICIPAL REFERENDA THAT
CONFLICTS WITH THE PROVISIONS OF THIS LAW ARE HEREBY SUPERSEDED.
5. NOTHING IN THIS SECTION SHALL AFFECT OR ALTER REQUIREMENTS RELATING
TO THE FILING OF A PETITION.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.