S T A T E O F N E W Y O R K
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2922
2023-2024 Regular Sessions
I N A S S E M B L Y
February 1, 2023
___________
Introduced by M. of A. ZEBROWSKI -- 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, are 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.
LBD06645-01-3
A. 2922 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 128 of the laws
of 2020, 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 one hundred five days [nor less than ninety days] prior to [a
biennial town] THE GENERAL election, a proposition for the approval of
such act or resolution shall be submitted at such [biennial town] GENER-
AL election. If a petition be so filed [at any other time] LESS THAN
SEVENTY-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 ninety nor more than one hundred 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 peti-
tion. If, within 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, as amended by chap-
ter 513 of the laws of 2022, 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 council members, the electors of the town shall elect one-
half of the total number of town council members for the term of two
years each and one-half of the total number of town council members for
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the term of four years each. At each biennial town election held there-
after there shall be elected one-half of the total number of town coun-
cil members for the term of four years each. The terms of all such coun-
cil members 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.