Bill Text: NY S05245 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to Eastchester fire district elections; requires provisions of election law instead of town law for elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-16 - REFERRED TO ELECTIONS [S05245 Detail]
Download: New_York-2017-S05245-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5245 2017-2018 Regular Sessions IN SENATE March 16, 2017 ___________ Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections 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 of6section 175 of the town law generally requiring holding annual fire7district elections on the second Tuesday in December, and notwithstand-8ing the provision of subdivision 6 of section 175 of the town law9related to the number of electors in each fire district election10district: the Eastchester fire district, in the town of Eastchester,11county of Westchester, whose boundaries only encompass the entire corpo-12rate limits of the town of Eastchester and each village within such town13and where the only eligible electors of such fire district are also14eligible electors of such town and villages, shall hold its annual15election on the Tuesday next succeeding the first Monday in November16provided that (i) such fire district election is held at every polling17site as may be established by the Westchester county board of elections;18(ii) such fire district election districts are the same as the election19districts as may be established by the Westchester county board of20elections, such that an elector shall not be required to visit more than21one polling site on such date; (iii) such fire district polls remain22open for the same hours as the polls administered by the WestchesterEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01076-01-7S. 5245 2 1county board of elections; (iv) both of the Westchester county board of2elections commissioners approve in writing of such fire district3elections being held in the same locations as the elections held on the4Tuesday next succeeding the first Monday in November administered by5such board of elections; and (v) the Eastchester fire district adheres6to the provisions of section 175 of the town law that are not inconsist-7ent 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-25ter county board of elections to authorize, administer, or otherwise26oversee the Eastchester fire district elections, provided, however, that27such county board of elections shall be authorized to provide technical28assistance 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.