S T A T E O F N E W Y O R K
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10089
I N A S S E M B L Y
May 3, 2012
___________
Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Libraries and Education Technology
AN ACT to amend chapter 97 of the laws of 2001, establishing two public
library districts, in relation to changing the poll hours for the Hyde
Park library district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 97 of the laws of 2001 establishing
two public library districts is amended to read as follows:
S 3. Election; Hyde Park library district. 1. Upon receipt of a peti-
tion signed by not less than twenty-five voters qualified to vote in the
Hyde Park library district at a general town election from such public
library district hereby created requesting such an election, the board
of trustees of the Hyde Park free library shall give notice of an
election to be conducted on the second Thursday in September of 2001. At
such election the issues shall be:
a. whether the public library district herein described shall be
created or not;
b. whether the budget therefor proposed by such board of trustees
shall be approved or disapproved; and
c. the election of two trustees. The trustees of the Hyde Park free
library shall give notice of such election by the publication of a
notice in one or more newspapers having a general circulation in the
district to be served. The first publication of such notice shall be
not less than thirteen days and not more than twenty days prior to the
date of such election. In addition, the board of trustees of the Hyde
Park free library shall cause copies of such notice to be posted
conspicuously in five public places in the district at least thirteen
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 issues to
be decided at such election and the hours during which the polls will be
open for receipt of ballots. The board of trustees of the Hyde Park free
library shall prepare the ballots for such elections and the polls shall
remain open for the receipt thereof at all elections from [seven] TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15570-01-2
A. 10089 2
o'clock p.m. until [ten] NINE o'clock p.m., and such additional consec-
utive hours prior thereto as the board of trustees of the Hyde Park free
library may have determined and specified in the notice thereof. The
board of trustees shall designate a resident taxpayer of the town of
Hyde Park to act as chairman of any election of such district and shall
designate not less than two nor more than four resident taxpayers to act
as election inspectors and ballot clerks at such election. No trustee
shall serve as such chairman or as an election inspector or ballot
clerk. The board of trustees may adopt a resolution providing that such
chairman, election inspectors and ballot clerks shall be paid for their
respective services at the initial election. At any annual or special
election after the creation of such library district, the board of trus-
tees of the Hyde Park library district may adopt a resolution providing
that the chairman, election inspectors and ballots clerks at the
election shall be paid for their respective services. Such resolution,
if adopted, may fix reasonable compensation for the services of each
such official. Every voter of the library district otherwise qualified
to vote at a general town election in the town of Hyde Park shall be
qualified to vote at the initial election. After the polls have been
closed at such election, the election inspectors and ballot clerks shall
immediately canvas publicly the ballots cast and the chairman of the
election shall publicly announce the result. Within seventy-two hours
thereafter, the chairman, election inspectors and ballot clerks shall
execute and file a certificate of the result of the canvas with the
board of trustees and with the town clerk of the town of Hyde Park.
2. In the event that the Hyde Park library district is created, then
there shall be an annual election conducted by the board of trustees in
accordance with the provisions of subdivision one of this section at a
time to be set by such board, at which election vacancies on the board
of trustees shall be filled and at which any proposed budget which the
board shall determine to submit to the voters pursuant to section six of
this act shall be submitted to the voters.
3. Candidates for the office of member of the board of trustees shall
be nominated by petition. No vacancy upon the board of trustees to be
filled shall be considered a separate specific office. A separate peti-
tion shall be required to nominate each candidate for a vacancy on the
board. Each petition shall be directed to the secretary of the district,
shall be signed by at least twenty-five qualified voters of the
district, or two percent of the voters who voted in the previous annual
election of the members of the board of trustees, whichever is greater,
(such number to be determined by the number of persons recorded on the
poll list as having voted at such election) shall state the residence of
each signer, and shall state the name and residence of the candidate. In
the event that any such nominee shall withdraw his candidacy prior to
the election, such person shall not be considered a candidate unless a
new petition nominating such person in the same manner and within the
same time limitations applicable to other candidates is filed with the
secretary of the district. Each petition shall be filed in the office of
the secretary of the district between the hours of nine o'clock a.m. and
five o'clock p.m., not later than the thirtieth day preceding the meet-
ing or election at which the candidates nominated are to be elected.
4. At any election in such district, the voters may adopt a proposi-
tion providing that, in all subsequent elections, vacancies upon the
board of trustees shall be considered separate specific offices and that
the nominating petitions shall describe the specific vacancy upon the
board of trustees for which the candidate is nominated, which
A. 10089 3
description shall include at least the length of the term of office and
the name of the last incumbent, if any. No person shall be nominated for
more than one specific office. Such procedure shall be followed with
respect to all nominations and elections in subsequent years until and
unless such proposition is repealed by the electors of the district at a
regular election by the adoption of a proposition to repeal the same.
S 2. This act shall take effect immediately.