S T A T E O F N E W Y O R K
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10817
I N A S S E M B L Y
April 1, 2026
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
on Local Governments
AN ACT to amend the town law, in relation to requiring fire district
elections occur on the same day as school board elections and requires
such elections be run by the county board of elections; and to repeal
certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 174 of the town law, as amended by
chapter 401 of the laws of 2024, is amended to read as follows:
2. The first election of fire district officers shall be held on the
[second] THIRD Tuesday in [December] MAY next succeeding the establish-
ment or consolidation of such fire district; provided, however, that if
such district be established at a time subsequent to the first day of
October in any year, the first election of fire district officers shall
be held on the [second] THIRD Tuesday in the month of [December] MAY of
the next succeeding calendar year. At the first annual election of fire
district officers, five district commissioners shall be elected and a
treasurer. Every registered fire district voter shall be entitled to
cast one vote for each vacant position on a board of fire commissioners
to be filled in the first annual election of fire district officers. The
person receiving the greatest number of votes for the office of fire
commissioner shall be elected for a term of five years; the person
receiving the second highest number of votes shall be elected for a term
of four years; the person receiving the third highest number of votes
shall be elected for a term of three years; the person receiving the
fourth highest number of votes shall be elected for a term of two years
and the person receiving the fifth highest number of votes shall be
elected for a term of one year. In the event that two persons shall
receive the same number of votes the terms of office shall be decided by
lot. At each subsequent election of fire district officers a commission-
er shall be elected for the full term of five years. In the event that
two or more persons receive the same number of votes thereat, a special
election between the tying parties receiving the highest number of votes
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14426-02-6
A. 10817 2
to fill the vacancy shall be held within forty-five days after such
election. The fire district treasurer shall be elected for a term of
three years. The fire district secretary shall be appointed by the fire
district commissioners and shall serve for a period of one year. The
fire district secretary in office at the time such election is held
shall immediately notify the officers elected of their election and that
an organization meeting will be held on the day specified in said
notice, which shall not be later than the fifteenth day of January next
ensuing. At such organization meeting, the treasurer shall preside until
such time as a chairperson of the board of fire commissioners shall be
chosen, but such treasurer shall not be entitled to a vote at such meet-
ing. FURTHER, SUCH ELECTION SHALL BE HANDLED BY THE COUNTY BOARD OF
ELECTIONS.
§ 2. Subdivision 1 of section 175 of the town law, as amended by chap-
ter 347 of the laws of 2021, is amended to read as follows:
1. An annual election shall be held in each fire district on the
[second] THIRD Tuesday in [December] MAY, except that in the Ocean Bay
Park fire district, the Lonelyville 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 succeeding 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 board of fire
commissioners 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 thereat and
their terms of office, and the hours during which the polls will be open
for the receipt of ballots. The [secretary of such fire district] COUNTY
BOARD OF ELECTIONS shall, ESTABLISH WHERE SUCH ELECTION TAKES PLACE;
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] SEVEN o'clock in the [evening] MORNING
until nine o'clock in the evening [and such additional consecutive hours
prior thereto as the board of fire commissioners of such district may
have determined and specified in the notice thereof. The board of fire
commissioners 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 board of
fire commissioners 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
until nine o'clock in the evening, a sum not to exceed seventy dollars
for each such official; if additional consecutive hours prior to six
A. 10817 3
o'clock in the evening are determined and specified in the notice of
election, a sum not to exceed one hundred dollars for each such offi-
cial.]; ESTABLISH THE METHOD AND MANNER OF SUBMISSION, PREPARATION AND
PROVISION OF BALLOTS AND BALLOT LABELS, THE USE OF VOTING MACHINES,
CONFIRMING THE QUALIFICATIONS OF VOTERS, CORRECTING REGISTERS, AND
CONDUCTING THE ELECTION, CANVASSING THE RESULT AND MAKING AND FILING THE
RETURNS, AND ALL OTHER PROCEDURES WITH REFERENCE TO THE SUBMISSION OF
ANY VOTE, SHALL BE IN THE SAME METHOD AND MANNER USED AS USED IN EARLY
VOTING PURSUANT TO SECTION 8-600 OF THE ELECTION LAW, OR AS CLOSE AS
PRACTICAL, AS DETERMINED BY THE COUNTY BOARD OF ELECTIONS. THE LOCAL
BOARD OF ELECTIONS SHALL APPOINT SUCH POLL WORKERS AS DEEMED NECESSARY
BY SUCH BOARD AND SHALL PRESCRIBE THEIR DUTIES, TITLES, RANKS AND SALARY
IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 3-300 OF THE
ELECTION LAW.
§ 3. Section 175-a of the town law is REPEALED and a new section
175-a is added to read as follows:
§ 175-A. REGISTRATION FOR VOTERS. THE REGISTRATION OF VOTERS FOR ANY
ANNUAL FIRE DISTRICT ELECTION SHALL BE CONSISTENT WITH ARTICLE FIVE OF
THE ELECTION LAW.
§ 4. Section 175-b of the town law is REPEALED and a new section 175-b
is added to read as follows:
§ 175-B. ABSENTEE BALLOTS FOR FIRE DISTRICT ELECTIONS; SPECIAL
PROVISIONS. THE COUNTY BOARD OF ELECTIONS IN ANY FIRE DISTRICT IN WHICH
OFFICERS ARE ELECTED, SHALL PROVIDE FOR ABSENTEE BALLOTS FOR FIRE
DISTRICT ELECTIONS, IN ACCORDANCE WITH THE PROVISIONS OF THE ELECTION
LAW.
§ 5. Subdivision 8 of section 176 of the town law is REPEALED.
§ 6. This act shall take effect immediately.