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


Section 84 Qualifications of electors at town elections

Town (TWN)

1. No person shall be entitled to vote upon any proposition for raising, appropriating or expending money or incurring any town liability, or for the sale or other disposition of town land or property, unless he or she is an elector of the town; nor shall he or she be entitled to vote upon any proposition for raising, appropriating or expending money or incurring any liability which shall be a charge wholly against a district or a portion of said town unless he or she is an elector.

  2. The town board of a town may, by resolution adopted at a regular meeting, determine that thereafter personal registration of voters shall be required for special town elections. Such resolution and the notice hereinafter provided for shall specify the day or days, the place or places, and the hours during which a board or boards of registration shall meet for the purpose of preparing a register of voters of the town qualified to vote in such special elections, who shall present themselves personally for registration for such special election. The town clerk shall give notice at the expense of the town, by the publication of a notice in a newspaper published in said town, if there be any, or, if there be none, in a newspaper published in the county having general circulation in the town, specifying the day or days, the place or places, and hours during which the board or boards of registration will meet for the purpose of preparing a register of qualified voters of the town as provided in this section. The first publication of such notice shall be at least ten days prior to the first day fixed by the town board on which boards of registration shall meet. In addition, the town clerk shall post or cause to be posted in five conspicuous places in said town copies of such notice at least ten days prior to the first day fixed by the town board on which the boards of registration shall meet.

  3. In such event, the town board shall select from the list of election inspectors previously designated for general election purposes, not less than two nor more than four persons to constitute a board of registration for each voting place designated by the town board, provided, however, a town board may, by resolution adopted at a regular meeting, determine that one or more boards of registration shall be reasonably capable of carrying out the personal registration requirements, as provided in this section, for all voting places designated for such special town election. Each member of a board of registration shall be entitled to compensation at a rate to be fixed by the town board for time spent upon the duties of his office.

  4. Such boards of registration shall meet on such days as the town board shall, by said resolution designate, the last day of which shall not be more than fifteen nor less than ten days preceding such special town election at the place in each election district where the election is to be held, and at such hours as the town board shall designate, which shall include at least four consecutive hours between twelve o'clock noon and nine o'clock in the evening of each day required for the preparation of the register for such election, which shall include, at a minimum, a space for the name of the voter and his address within the town, a space for the voter's signature to be signed on the day of the election and a space in which there shall be entered the qualifications for voters as provided by this section. All the provisions of the election law in relation to the registration of voters shall, so far as applicable, apply to the registration provided for by this section and such special elections in such towns shall be conducted in the manner provided by this chapter and the election law, except that no person shall be entitled to vote thereat whose name does not appear upon the register of the voting place in which he claims to be entitled to vote.

  5. In order to assist boards of registration in the preparation of their registers, the town clerk, prior to the first meeting of such boards of registration, shall obtain from the board of elections of the county in which such town is located, the list of names and addresses of all voters registered with such board of elections on or before the twenty-third day before such special election. The town clerk shall deliver the names and addresses of qualified voters to the appropriate board or boards of registration on or before the first meeting of such board or boards. At the first and subsequent meetings of the board of registration for each voting place designated by the town board for such special town election, such board of registration shall place on the register described in subdivision four hereof the names of all qualified voters and all other qualified voters who personally appear, and those military voters and such other voters who are absent by reason of confining illness or physical disability or whose duties, occupation or business required them to be outside of the state of New York, having the qualifications of voters prescribed in this section and who have made application for absentee ballots as certified to them by the town clerk.

  6. The register prepared as provided in this section shall immediately upon its completion and not more than eighteen hours thereafter; be filed in the office of the town clerk, and thereafter shall at all reasonable times be open to inspection by any qualified voter of the town on each day up to and including the day next preceding the day set for such town election, except Saturdays, Sundays and holidays.

  Additions, corrections, challenges and judicial review of registration procedure shall so far as practicable conform to sections 5-218, 5-220 and 16-108 of the election law.