Bill Text: NY A05149 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to Eastchester fire district elections; follows provisions of election law instead of town law for elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to local governments [A05149 Detail]

Download: New_York-2021-A05149-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5149

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Local Governments

        AN  ACT to amend chapter 345 of the laws of 2013 relating to authorizing
          the Eastchester fire district, in the town of Eastchester,  county  of
          Westchester, to change the date of its annual election, in relation to
          following  certain provisions of the election law for Eastchester fire
          district elections

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Chapter 345 of the laws of 2013 relating to authorizing the
     2  Eastchester  fire  district, in the town of Eastchester, county of West-
     3  chester, to change the date of its annual election, is amended  to  read
     4  as follows:
     5    Section  1.  [Notwithstanding  the  provision  of  subdivision  one of
     6  section 175 of the town law  generally  requiring  holding  annual  fire
     7  district  elections on the second Tuesday in December, and notwithstand-
     8  ing the provision of subdivision 6  of  section  175  of  the  town  law
     9  related  to  the  number  of  electors  in  each  fire district election
    10  district:  the Eastchester fire district, in the  town  of  Eastchester,
    11  county of Westchester, whose boundaries only encompass the entire corpo-
    12  rate limits of the town of Eastchester and each village within such town
    13  and  where  the  only  eligible  electors of such fire district are also
    14  eligible electors of such town  and  villages,  shall  hold  its  annual
    15  election  on  the  Tuesday  next succeeding the first Monday in November
    16  provided that (i) such fire district election is held at  every  polling
    17  site as may be established by the Westchester county board of elections;
    18  (ii)  such fire district election districts are the same as the election
    19  districts as may be established  by  the  Westchester  county  board  of
    20  elections, such that an elector shall not be required to visit more than
    21  one  polling  site  on  such date; (iii) such fire district polls remain
    22  open for the same hours as the polls  administered  by  the  Westchester

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01853-01-1
        A. 5149                             2

     1  county  board of elections; (iv) both of the Westchester county board of
     2  elections  commissioners  approve  in  writing  of  such  fire  district
     3  elections  being held in the same locations as the elections held on the
     4  Tuesday  next  succeeding  the  first Monday in November administered by
     5  such board of elections; and (v) the Eastchester fire  district  adheres
     6  to the provisions of section 175 of the town law that are not inconsist-
     7  ent with this act.] Notwithstanding the provisions of subdivisions 1, 2,
     8  4, 5 and 6 of section 175, sections 175-a, 175-b, and subdivisions 3, 6,
     9  7, 8 and 29 of section 176 of the town law pertaining to the annual fire
    10  district  elections,  the elections of the Eastchester fire district, in
    11  the town of Eastchester, county of Westchester,  whose  boundaries  only
    12  encompass  the  entire  corporate  limits of the town of Eastchester and
    13  each village within such town and where the only  eligible  electors  of
    14  such  fire  district  are  also  eligible electors of such town shall be
    15  governed by the rules and procedures of articles 1, 3, 4, 5, 6, 7, 8,  9
    16  and  10  of  the  election  law and shall take place on the Tuesday next
    17  succeeding the first Monday in November.
    18    § 2. Notwithstanding the provisions of section 179  of  the  town  law
    19  authorizing fire districts to hold special elections to vote upon appro-
    20  priations,  or  any  other law that would authorize the Eastchester fire
    21  district to hold a special election, all elections  of  the  Eastchester
    22  fire  district  shall  be  held on the Tuesday next succeeding the first
    23  Monday in November in the manner provided for by this act.
    24    § 3. [Nothing in this act shall be construed to require the  Westches-
    25  ter  county  board  of  elections to authorize, administer, or otherwise
    26  oversee the Eastchester fire district elections, provided, however, that
    27  such county board of elections shall be authorized to provide  technical
    28  assistance  to  such  fire  district.]  Notwithstanding subdivision 2 of
    29  section 6-142 of the election law with respect to  nominating  petitions
    30  and  signatures,  candidates for Eastchester fire district offices shall
    31  file with the Westchester county board of elections a  nominating  peti-
    32  tion  subscribed  by  25  voters of the Eastchester fire district in the
    33  form set forth by section 6-140 of the election law.
    34    § 4. a. Any vacancy in an elective office which exists  on  or  before
    35  September  nineteenth  shall  be  filled  at  the  next November general
    36  election held thereafter, for the remainder of the  unexpired  term  and
    37  shall  take  office on January first of the following year. The board of
    38  fire commissioners of the Eastchester fire district, or  a  majority  of
    39  the  members  thereof in office may appoint a qualified person to fill a
    40  vacancy until December thirty-first after an election has been  held  to
    41  fill said vacancy.
    42    b.  Whenever  a  vacancy  shall  occur  in  an appointed fire district
    43  office, the Eastchester Board of Fire Commissioners, or  a  majority  of
    44  the members thereof in office may appoint a qualified person to fill the
    45  vacancy for the remainder of the unexpired term.
    46    §  5. The Eastchester fire district, at least eight months before each
    47  general election, shall make and transmit to the board  of  elections  a
    48  certificate  stating  each  Eastchester fire district office to be voted
    49  for at each such election. If any such office is for an unexpired  term,
    50  the certificate shall so state.
    51    § 6. This act shall take effect immediately.
    52    §  2.  This  act shall take effect on the first of May next succeeding
    53  the date on which it shall have become a law.