S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3964
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local Government
 
 AN ACT to amend the town law, in relation to town elections and  permis-
   sive referendums
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and subdivision 4 of  section  81  of
 the  town  law,  subdivision  4 as amended by chapter 434 of the laws of
 1984, is amended to read as follows:
   The town board may,  upon its own motion, CAUSE TO BE SUBMITTED  AT  A
 GENERAL  ELECTION, OR A SPECIAL OR BIENNIAL TOWN ELECTION and shall upon
 a petition, as hereinafter provided, cause to be submitted at [a special
 or biennial town] THE NEXT GENERAL election, UNLESS SUCH PETITION STATES
 THAT A SPECIAL ELECTION BE HELD a proposition:
   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] THE GENERAL election,
 the  proposition shall be submitted at such [biennial] GENERAL 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] IS FILED IN THE  OFFICE  OF
 THE TOWN CLERK LESS THAN SEVENTY-FIVE DAYS PRIOR TO THE GENERAL ELECTION
 THEN  IT  SHALL  BE  SUBMITTED  AT THE GENERAL ELECTION IN THE FOLLOWING
 YEAR. IF A PETITION STATES THAT A  SPECIAL  ELECTION  BE  HELD  ON  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05550-01-1

 S. 3964                             2
 
 PROPOSITION  THEN  IT  SHALL BE SUBMITTED AT A SPECIAL ELECTION HELD NOT
 LESS THAN SIXTY DAYS, NOR MORE THAN SEVENTY-FIVE DAYS AFTER  THE  FILING
 OF SUCH PETITION. THE BOARD OF ELECTIONS OF A COUNTY MAY APPORTION COSTS
 UNDER  THIS  SECTION, AS PROVIDED BY SUBDIVISION TWO OF SECTION 4-136 OF
 THE ELECTION LAW.
   § 2. Section 91 of the town law, as amended by chapter 128 of the laws
 of 2020, is amended to read as follows:
   § 91. Referendum on petition. Any such resolution or act of  the  town
 board  as set forth 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 town or district
 affected, voting on such proposition, if within thirty  days  after  its
 adoption  there  be  filed  with  the  town clerk a petition signed, and
 acknowledged or proved, or authenticated by electors of the town  quali-
 fied  to  vote  upon  a proposition to raise and expend money, in number
 equal to at least five per centum of the total vote cast for governor in
 said town at the last general election held for the  election  of  state
 officers,  but which 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,
 protesting  against  such  act  or  resolution and requesting that it be
 submitted to the qualified electors of the town  or  district  affected,
 for  their  approval  or disapproval. If such petition be so filed [not]
 more than one hundred five days [nor less than ninety days] prior to  [a
 biennial  town]  THE GENERAL election, a proposition for the approval of
 such act or resolution shall be submitted at such [biennial town] GENER-
 AL election. If a petition be so filed [at any  other  time]  LESS  THAN
 SEVENTY-FIVE  DAYS  PRIOR TO THE GENERAL ELECTION, a proposition for the
 approval of such act or resolution shall be submitted at [a special town
 election to be held not less than ninety nor more than one hundred  five
 days  after  the  filing  of  such petition] THE GENERAL ELECTION IN THE
 FOLLOWING YEAR. IF A PETITION STATES THAT  A SPECIAL ELECTION BE HELD ON
 SUCH PROPOSITION THEN IT SHALL BE SUBMITTED AT A SPECIAL  ELECTION  HELD
 NOT  LESS  THAN  SIXTY  DAYS,  NOR MORE THAN SEVENTY-FIVE DAYS AFTER THE
 FILING OF SUCH PETITION. The petition may be made upon  separate  sheets
 and  the  signatures  to each sheet shall be authenticated in the manner
 provided by the  election  law  for  the  authentication  of  nominating
 petitions.  The several sheets so signed and authenticated when fastened
 together and offered for filing shall be deemed to constitute one  peti-
 tion.  If, within five days after the filing of such petition, a written
 objection thereto be filed with the town clerk, and a verified  petition
 setting  forth  the objections be presented by the person so filing such
 objections to the supreme court or any justice thereof of  the  judicial
 district  in  which  such  town is located, such court or justice within
 twenty days 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.
   § 3. Subdivision 2 of section 85 of the town law is amended to read as
 follows:
   2. The ward system may be abolished upon the adoption of a proposition
 therefor at [any special or biennial town] THE NEXT GENERAL election. At
 the  first  biennial town election held at least one hundred twenty days
 after the adoption of a proposition  to  abolish  the  ward  system  for
 election of councilmen, the electors of the town shall elect one-half of
 the  total  number of town councilmen for the term of two years each and
 one-half of the total number of town councilmen for  the  term  of  four

 S. 3964                             3
 
 years  each.  At each biennial town election held thereafter there shall
 be elected one-half of the total number of town councilmen for the  term
 of  four years each. The terms of all such councilmen shall begin on the
 first day of January next succeeding the date of their election.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.