S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3424
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, BUCHWALD, GALEF, JAFFEE, ABINANTI --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the town law, in relation to town elections and  permis-
   sive referendums
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph and subdivision 4 of  section  81  of
 the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
 1984, is amended to read as follows:
   The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
 GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
 a petition, as hereinafter provided, cause to be submitted at [a special
 or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
 THAT A SPECIAL ELECTION BE HELD a proposition:
   4. Such petition shall be subscribed and authenticated, in the  manner
 provided  by  the  election  law  for  the  authentication of nominating
 petitions, by electors of the town qualified to vote upon a  proposition
 to  raise  and expend money, in number equal to at least five per centum
 of the total votes cast for governor in said town at  the  last  general
 election  held for the election of state officers, but such number shall
 not be less than one hundred in a town of the first class nor less  than
 twenty-five  in  a town of the second class. If such a petition be filed
 in the office of the town clerk [not less than  sixty  days,  nor]  more
 than seventy-five days, prior to [a biennial town] THE GENERAL election,
 the  proposition shall be submitted at such [biennial] GENERAL election.
 If a petition [be presented at any other time, a special election  shall
 be  called  to  be held not less than sixty days, nor more than seventy-
 five days after the filing of such petition] IS FILED IN THE  OFFICE  OF
 THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
 THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
 YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06309-01-9

 A. 3424                             2
 
 PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
 LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
 OF SUCH PETITION. THE BOARD OF ELECTIONS OF A COUNTY MAY APPORTION COSTS
 UNDER  THIS  SECTION, AS PROVIDED BY SUBDIVISION TWO OF SECTION 4-136 OF
 THE ELECTION LAW.
   § 2. Section 91 of the town law, as amended by chapter 37 of the  laws
 of 2000, is amended to read as follows:
   §  91.  Referendum on petition. Any such resolution or act of the town
 board as set forth in the preceding section shall not take effect  until
 thirty  days  after  its adoption; nor until approved by the affirmative
 vote of a majority of the qualified electors of such  town  or  district
 affected,  voting  on  such proposition, if within thirty days after its
 adoption there be filed with the  town  clerk  a  petition  signed,  and
 acknowledged  or proved, or authenticated by electors of the town quali-
 fied to vote upon a proposition to raise and  expend  money,  in  number
 equal to at least five per centum of the total vote cast for governor in
 said  town  at  the last general election held for the election of state
 officers, but which shall not be less than one hundred in a town of  the
 first  class  nor  less  than twenty-five in a town of the second class,
 protesting against such act or resolution  and  requesting  that  it  be
 submitted  to  the  qualified electors of the town or district affected,
 for their approval or disapproval. If such petition be  so  filed  [not]
 more than seventy-five days [nor less than sixty days] prior to [a bien-
 nial  town] THE GENERAL election, a proposition for the approval of such
 act or resolution shall be submitted at  such  [biennial  town]  GENERAL
 election. If a petition be so filed [at any other time] LESS THAN SEVEN-
 TY-FIVE  DAYS  PRIOR  TO  THE  GENERAL  ELECTION,  a proposition for the
 approval of such act or resolution shall be submitted at [a special town
 election to be held not less than sixty nor more than seventy-five  days
 after the filing of such petition] THE GENERAL ELECTION IN THE FOLLOWING
 YEAR.  IF  A  PETITION  STATES  THAT  A SPECIAL ELECTION BE HELD ON SUCH
 PROPOSITION THEN IT SHALL BE SUBMITTED AT A SPECIAL  ELECTION  HELD  NOT
 LESS  THAN  SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE FILING
 OF SUCH PETITION.  The petition may be made upon separate sheets and the
 signatures to each sheet shall be authenticated in the  manner  provided
 by  the election law for the authentication of nominating petitions. The
 several sheets so signed and authenticated when  fastened  together  and
 offered for filing shall be deemed to constitute one petition. If, with-
 in  five  days  after  the  filing of such petition, a written objection
 thereto be filed with the town clerk, and a  verified  petition  setting
 forth  the  objections  be  presented  by  the  person  so  filing  such
 objections to the supreme court or any justice thereof of  the  judicial
 district  in  which  such  town is located, such court or justice within
 twenty days shall determine any question  arising  thereunder  and  make
 such  order  as  justice may require. Such proceeding shall be heard and
 determined in the manner prescribed by section 16-116  of  the  election
 law.
   § 3. Subdivision 2 of section 85 of the town law is amended to read as
 follows:
   2. The ward system may be abolished upon the adoption of a proposition
 therefor at [any special or biennial town] THE NEXT GENERAL election. At
 the  first  biennial town election held at least one hundred twenty days
 after the adoption of a proposition  to  abolish  the  ward  system  for
 election of councilmen, the electors of the town shall elect one-half of
 the  total  number of town councilmen for the term of two years each and
 one-half of the total number of town councilmen for  the  term  of  four

 A. 3424                             3
 
 years  each.  At each biennial town election held thereafter there shall
 be elected one-half of the total number of town councilmen for the  term
 of  four years each. The terms of all such councilmen shall begin on the
 first day of January next succeeding the date of their election.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.