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This entry was published on 2014-09-22
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SECTION 779
Initiative of electors seeking dissolution
General Municipal (GMU) CHAPTER 24, ARTICLE 17-A, TITLE 3
§ 779. Initiative of electors seeking dissolution. 1. The electors of
a local government entity may commence a dissolution proceeding by
filing an original petition, containing not less than the number of
signatures provided for in subdivision two of this section and in the
form provided for in subdivision three of this section, with the clerk
of the town in which the entity or the greater portion of its territory
is located, except that if the entity is a village the original petition
of electors from the village shall be filed with the clerk of the
village. Accompanying the filed petition shall be a cover sheet
containing the name, address and telephone number of an individual who
signed the petition and who will serve as a contact person.

2. The petition shall contain the signatures of at least ten percent
of the number of electors or five thousand electors, whichever is less,
in the local government entity to be dissolved; provided, however, that
where the local government entity to be dissolved contains five hundred
or fewer electors, the petition shall contain the signatures of at least
twenty percent of the number of electors. No signature on a petition is
valid unless it is an original signature of an elector.

3. The petition shall substantially comply with, and be circulated in,
the following form:

PETITION FOR LOCAL GOVERNMENT DISSOLUTION

We, the undersigned, electors and legal voters of (insert type of
local government entity -- e.g., town, village or district) of (insert
name of local government entity), New York, qualified to vote at the
next general or special election, respectfully petition that there be
submitted to the electors of (insert type and name of local government
entity proposed to be dissolved), for their approval or rejection at a
referendum held for that purpose, a proposal to dissolve and terminate
(insert type and name of local government entity).

In witness whereof, we have signed our names on the dates indicated
next to our signatures.

Date Name - print name under signature Home Address

1. ________ _________________________________ ____________

2. ________ _________________________________ ____________

3. ________ _________________________________ ____________

(On the bottom of each page of the petition, after all of the numbered
signatures, insert a signed statement of a witness who is a duly
qualified elector of the state of New York. Such a statement shall be
accepted for all purposes as the equivalent of an affidavit, and if it
contains a material false statement, shall subject the person signing it
to the same penalties as if he or she has been duly sworn. The form of
such statement shall be substantially as follows:

I, (insert name of witness), state that I am a duly qualified voter of
the state of New York. Each of the persons that have signed this
petition sheet containing (insert number) signatures, have signed their
names in my presence on the dates indicated above and identified
themselves to be the same person who signed the sheet. I understand that
this statement will be accepted for all purposes as the equivalent of an
affidavit, and if it contains a materially false statement, shall
subject me to the penalties of perjury.
_________________ _________________________________

Date Signature of Witness)

(In lieu of the signed statement of a witness who is a duly qualified
voter of the state of New York, the following statement signed by a
notary public or a commissioner of deeds shall be accepted:

On the date indicated above before me personally came each of the
electors and legal voters whose signatures appear on this petition sheet
containing (insert number) signatures, who signed the petition in my
presence and who, being by me duly sworn, each for himself or herself,
identified himself or herself as the one and same person who signed the
petition and that the foregoing information they provided was true.
_____________________ _________________________________

Date Notary Public or Commissioner of Deeds)

4. An alteration or correction of information appearing on a
petition's signature line, other than an un-initialed signature and
date, shall not invalidate such signature.

5. In matters of form, this section shall be liberally construed, not
inconsistent with substantial compliance thereto and the prevention of
fraud.

6. Within ten days of the filing of the petition seeking dissolution
pursuant to subdivision one of this section, the clerk with whom the
petition was filed shall make a final determination regarding the
sufficiency of the signatures on the petition and provide timely written
notice of such determination to the contact person named in the cover
sheet accompanying the petition. The contact person or any individual
who signed the petition may seek judicial review of such determination
in a proceeding pursuant to article seventy-eight of the civil practice
law and rules.

7. Upon the clerk's determination that the petition contains not less
than the number of signatures of electors required in subdivision two of
this section, the governing body of the local government entity to be
dissolved shall, no later than thirty days thereafter, enact a
resolution in accordance with subdivision two of section seven hundred
seventy-seven of this title calling for a referendum on the proposed
dissolution by the electors in the entity and set a date for such
referendum.