1. The Laws of New York
  2. Consolidated Laws
  3. Town
  4. Article 6: Town Elections


Section 81 Election upon proposition

Town (TWN)

The town board may upon its own motion and shall upon a petition, as hereinafter provided, cause to be submitted at a special or biennial town election, a proposition:

  1. In any town:

  (a) To erect a monument or monuments within the town in commemoration of any person or event.

  (b) To purchase, lease, construct, alter or remodel a town hall, a town lockup or any other necessary building for town purposes, acquire necessary lands therefor, and equip and furnish such buildings for such purposes, or to demolish or remove any town building.

  (c) To establish airports, landing fields, public parking places, public parks or playgrounds, acquire the necessary lands therefor, and equip the same with suitable buildings, structures and apparatus.

  (d) To vote upon or determine any question, proposition or resolution which may lawfully be submitted, pursuant to this chapter or any general or special law.

  (e) To dredge, bulkhead, dock and otherwise improve any navigable, or other waterway, within the town, and to rent, purchase and equip necessary machinery for such dredging, docking, bulkheading or other improvement, and supply the necessary labor and material therefor.

  (f) To provide for the collection and disposition of garbage, ashes, rubbish and other waste matter in the town by (1) the award of one or more contracts for the collection and disposition of the same, (2) by the purchase, operation and maintenance of apparatus and equipment for the collection and transportation of the same, (3) by the construction, operation and maintenance of a disposal or incinerator plant or (4) by any combination of (1), (2) and (3).

  2. In any town of the first class:

  (a) To increase the number of councilmen from four to six.

  (b) To establish or abolish the ward system for the election of councilmen in towns having four or six councilmen.

  (c) To decrease the number of councilmen from four to two.

  (d) To increase the number of councilmen from two to four.

  3. In a town of the second class having five thousand or more population according to the latest federal or state census or enumeration or having an assessed valuation of ten million dollars or more, as shown by the latest completed assessment-roll of such town, or adjoining a city having a population of three hundred thousand or more, as shown by the latest federal or state census or enumeration, to change the classification of such town to that of a town of the first class.

  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 election, the proposition shall be submitted at such biennial 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.

  5. A proposition for the consolidation or dissolution of a town or district shall be noticed, conducted, canvassed and otherwise held pursuant to, and in accordance with, the provisions of article seventeen-A of the general municipal law; and a petition to consolidate or dissolve a town or district shall be subscribed, authenticated and otherwise governed pursuant to, and in accordance with, that article.

  Any expenditure approved pursuant to this section shall be paid for by taxes levied for the fiscal year in which such expenditure is to be made. However, nothing contained in this section shall be construed to prevent the financing in whole or in part, pursuant to the local finance law, of any expenditure enumerated in this section which is not authorized pursuant to this section. Any expenditure financed in whole from moneys appropriated from surplus funds shall not be subject to referendum.