Bill Text: NY A10089 | 2011-2012 | General Assembly | Introduced


Bill Title: Changes the poll hours for the Hyde Park Library District.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-07-18 - signed chap.163 [A10089 Detail]

Download: New_York-2011-A10089-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         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:
    1    Section 1. Section 3 of chapter 97 of the laws  of  2001  establishing
    2  two public library districts is amended to read as follows:
    3    S 3. Election; Hyde Park library district. 1.  Upon receipt of a peti-
    4  tion signed by not less than twenty-five voters qualified to vote in the
    5  Hyde  Park  library district at a general town election from such public
    6  library district hereby created requesting such an election,  the  board
    7  of  trustees  of  the  Hyde  Park  free  library shall give notice of an
    8  election to be conducted on the second Thursday in September of 2001. At
    9  such election the issues shall be:
   10    a. whether the public  library  district  herein  described  shall  be
   11  created or not;
   12    b.  whether  the  budget  therefor  proposed by such board of trustees
   13  shall be approved or disapproved; and
   14    c. the election of two trustees.  The trustees of the Hyde  Park  free
   15  library  shall  give  notice  of  such  election by the publication of a
   16  notice in one or more newspapers having a  general  circulation  in  the
   17  district  to  be served.   The first publication of such notice shall be
   18  not less than thirteen days and not more than twenty days prior  to  the
   19  date  of  such  election. In addition, the board of trustees of the Hyde
   20  Park free library shall  cause  copies  of  such  notice  to  be  posted
   21  conspicuously  in  five  public places in the district at least thirteen
   22  days prior to the date of such election. Such notice shall  specify  the
   23  time  when and the place where such election will be held, the issues to
   24  be decided at such election and the hours during which the polls will be
   25  open for receipt of ballots. The board of trustees of the Hyde Park free
   26  library shall prepare the ballots for such elections and the polls shall
   27  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
    1  o'clock  p.m. until [ten] NINE o'clock p.m., and such additional consec-
    2  utive hours prior thereto as the board of trustees of the Hyde Park free
    3  library may have determined and specified in  the  notice  thereof.  The
    4  board  of  trustees  shall  designate a resident taxpayer of the town of
    5  Hyde Park to act as chairman of any election of such district and  shall
    6  designate not less than two nor more than four resident taxpayers to act
    7  as  election  inspectors  and ballot clerks at such election. No trustee
    8  shall serve as such chairman or  as  an  election  inspector  or  ballot
    9  clerk.  The board of trustees may adopt a resolution providing that such
   10  chairman,  election inspectors and ballot clerks shall be paid for their
   11  respective services at the initial election.  At any annual  or  special
   12  election after the creation of such library district, the board of trus-
   13  tees  of the Hyde Park library district may adopt a resolution providing
   14  that the  chairman,  election  inspectors  and  ballots  clerks  at  the
   15  election  shall be paid for their respective services.  Such resolution,
   16  if adopted, may fix reasonable compensation for  the  services  of  each
   17  such  official.  Every voter of the library district otherwise qualified
   18  to vote at a general town election in the town of  Hyde  Park  shall  be
   19  qualified  to  vote  at  the initial election. After the polls have been
   20  closed at such election, the election inspectors and ballot clerks shall
   21  immediately canvas publicly the ballots cast and  the  chairman  of  the
   22  election  shall  publicly  announce the result. Within seventy-two hours
   23  thereafter, the chairman, election inspectors and  ballot  clerks  shall
   24  execute  and  file  a  certificate  of the result of the canvas with the
   25  board of trustees and with the town clerk of the town of Hyde Park.
   26    2. In the event that the Hyde Park library district is  created,  then
   27  there  shall be an annual election conducted by the board of trustees in
   28  accordance with the provisions of subdivision one of this section  at  a
   29  time  to  be set by such board, at which election vacancies on the board
   30  of trustees shall be filled and at which any proposed budget  which  the
   31  board shall determine to submit to the voters pursuant to section six of
   32  this act shall be submitted to the voters.
   33    3.  Candidates for the office of member of the board of trustees shall
   34  be nominated by petition. No vacancy upon the board of  trustees  to  be
   35  filled  shall be considered a separate specific office. A separate peti-
   36  tion shall be required to nominate each candidate for a vacancy  on  the
   37  board. Each petition shall be directed to the secretary of the district,
   38  shall  be  signed  by  at  least  twenty-five  qualified  voters  of the
   39  district, or two percent of the voters who voted in the previous  annual
   40  election  of the members of the board of trustees, whichever is greater,
   41  (such number to be determined by the number of persons recorded  on  the
   42  poll list as having voted at such election) shall state the residence of
   43  each signer, and shall state the name and residence of the candidate. In
   44  the  event  that  any such nominee shall withdraw his candidacy prior to
   45  the election, such person shall not be considered a candidate  unless  a
   46  new  petition  nominating  such person in the same manner and within the
   47  same time limitations applicable to other candidates is filed  with  the
   48  secretary of the district. Each petition shall be filed in the office of
   49  the secretary of the district between the hours of nine o'clock a.m. and
   50  five  o'clock p.m., not later than the thirtieth day preceding the meet-
   51  ing or election at which the candidates nominated are to be elected.
   52    4. At any election in such district, the voters may adopt  a  proposi-
   53  tion  providing  that,  in  all subsequent elections, vacancies upon the
   54  board of trustees shall be considered separate specific offices and that
   55  the nominating petitions shall describe the specific  vacancy  upon  the
   56  board   of   trustees  for  which  the  candidate  is  nominated,  which
       A. 10089                            3
    1  description shall include at least the length of the term of office  and
    2  the name of the last incumbent, if any. No person shall be nominated for
    3  more  than  one  specific  office. Such procedure shall be followed with
    4  respect  to  all nominations and elections in subsequent years until and
    5  unless such proposition is repealed by the electors of the district at a
    6  regular election by the adoption of a proposition to repeal the same.
    7    S 2. This act shall take effect immediately.
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