§ 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
qualified 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 election, a proposition for the approval of
such act or resolution shall be submitted at such biennial town
election. If a petition be so filed at any other time, 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 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 petition. 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.