§ 9-902 Referendum on petition; registration list of electors. 1. An
act or resolution of the board of trustees as described 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 village voting on such proposition for its approval if
within thirty days after its adoption there be filed with the village
clerk a petition signed and acknowledged by electors of the village in
number equal to at least twenty per centum of such electors in the
village, as shown on the register of electors for the previous general
village election, protesting against such act or resolution and
requesting that it be submitted to the electors of the village for their
approval or disapproval.

2. Unless the ownership of real property is otherwise required by law
as a qualification for voting on a proposition, any person qualified to
vote at a general village election may vote upon any proposition
submitted at a village election.

3. Except as otherwise provided in the election law, it shall be the
duty of the village clerk to make and file in his office, at least ten
days before any such proposition is submitted at a special election
called solely for that purpose an accurate registration list of
electors, alphabetically arranged, qualified to vote on the proposition.
The village clerk may use any or all of the following to obtain the
information necessary to properly prepare such list:

(a) Register of electors in last preceding village election.

(b) Towns register of electors for last preceding general election
covering all the area of the village.

(c) Last preceding county register of electors.

(d) Any other official record or source that will aid in producing the
most accurate registration list of electors.

Such registration list of electors shall be made available and
disclosed to any elector of the village upon request. Any elector of the
village claiming to be qualified to vote upon such a proposition whose
name is not included in the registration list of electors therefor as
made by the village clerk, may apply to such clerk for a revision of
such list of electors to include his or her name. The village clerk upon
the presentation of proper proofs showing that the applicant is a duly
qualified elector shall revise such list of electors to include the name
of the applicant. The application to revise any such list of electors
may be made to the village clerk on or before the date of the election
at which the proposition is to be submitted.

4. The failure or refusal of the village clerk to revise any such list
of electors to include the name of a qualified elector so applying may
be reviewed in a proceeding under article seventy-eight of the civil
practice law and rules. The court upon petition for such a review shall
cause to be served upon the village clerk an order directing such clerk
to show cause why the statement should not be revised to include the
name of the petitioner. Such order must be made returnable on a date to
be fixed by the court not less than twenty-four hours after the order is
issued and served. If it shall appear upon the return of the order that
the petitioner is qualified to vote upon the proposition, the court
shall order the name of the petitioner to be included in the list of
electors and the village clerk shall revise such list accordingly. The
provisions of article seventy-eight of the civil practice law and rules,
not inconsistent with this act, shall apply to the review provided by
this section.

5. If such petition be so filed after the first day of the month in
which the general village election is to be held and before the first
day of the month two months prior to the next general village election,
a proposition for the approval of such act or resolution shall be
submitted at a special election of such village to be held not less than
ten nor more than sixty days after the filing of such petition.

6. If such petition be so filed on or after the first day of the month
two months prior to the month in which the general village election is
to be held and on or before the first day of the month in which the
general village election is to be held, a proposition for the approval
of such act or resolution shall be submitted at the said general village
election.

7. A special election hereunder shall be noticed, conducted, canvassed
and otherwise held in the same manner as a general village election.

8. Petition shall be made upon white paper containing the signatures
of qualified electors of the village. The sheets of such a petition
shall be numbered consecutively beginning with number one at the foot of
each sheet. Such petition must set forth in every instance the correct
date of signing, the full name of the signer, his present residence, the
ward if any and the village election district if any. A signer need not
himself fill in the date, residence, ward, or election district.

Each sheet of such petition shall be signed in ink and shall be
substantially in the following form:

To the Board of Trustees of this Village of ..........................
County of ......................, State of New York.

We, the undersigned, duly qualified electors of the village
of ............. respectfully petition that the following proposed act
or resolution ..... here insert title, abstract or identifying
number ..... be submitted to a vote of the qualified electors of the
village for their approval or rejection as provided by law.

Ward Village Election
Date Signature-Residence if any District if any
..... ................... ...... ................
..... ................... ...... ................
..... ................... ...... ................
Statement of Witness:

I, .................state: I am over the age of eighteen years and now
reside at ................................................... (residence
address, or postoffice address if not identical) in the Village
of ................... in the State of New York, County
of .................. . Each of the electors whose names are subscribed
to this petition sheet containing .........(fill in number) signatures,
subscribed his name in my presence.

I understand that this statement will be accepted for all purposes as
the equivalent of an affidavit and, if it contains a material false
statement, shall subject me to the same penalties as if I had been duly
sworn.
............ .........................

Date Signature of Witness

9. If, within five days after the filing of such petition, a written
objection thereto be filed with the village clerk, the supreme court or
any justice thereof of the judicial district in which such village or
any part thereof is located, 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.