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This entry was published on 2024-01-05
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SECTION 84
Qualifications of electors at town elections
Town (TWN) CHAPTER 62, ARTICLE 6
§ 84. Qualifications of electors at town elections. 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, those
voters who have made application for early mail ballots, 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.