S T A T E O F N E W Y O R K
________________________________________________________________________
5561
2017-2018 Regular Sessions
I N A S S E M B L Y
February 10, 2017
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Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Local Governments
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
OF ELECTIONS FOR EACH fire district shall prepare the ballots for all
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08992-01-7
A. 5561 2
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 fire [commissioners of such] district may have deter-
mined and specified in the notice thereof. The LOCAL board of ELECTIONS
FOR EACH fire [commissioners] DISTRICT 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 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.
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.