Bill Text: NY S04471 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to election by wards in suburban towns.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S04471 Detail]

Download: New_York-2009-S04471-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4471
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 23, 2009
                                      ___________
       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT to amend the town law, in relation to election by wards in subur-
         ban towns
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article  3-A  of  the town law is amended by adding a new
    2  title 2-A to read as follows:
    3                                   TITLE 2-A
    4                     ELECTION BY WARDS IN SUBURBAN TOWNS
    5  SECTION 51-A. AT-LARGE ELECTIONS PROHIBITED.
    6          51-B. ESTABLISHMENT OF WARD SYSTEMS.
    7          51-C. TEMPORARY EXEMPTION.
    8    S 51-A. AT-LARGE ELECTIONS PROHIBITED. NO MEMBER OF THE TOWN BOARD  OF
    9  A SUBURBAN TOWN SHALL BE ELECTED BY THE ELECTORS OF SUCH TOWN AT-LARGE.
   10    S  51-B.  ESTABLISHMENT  OF WARD SYSTEMS. 1. THE BOARD OF ELECTIONS OF
   11  THE COUNTY SHALL DIVIDE EACH SUBURBAN TOWN INTO SUCH NUMBER OF WARDS  AS
   12  IS  EQUAL  TO  THE NUMBER OF MEMBERS OF THE TOWN BOARD OF SUCH TOWN; AND
   13  SHALL FIX THE BOUNDARIES THEREOF. THE DIVISION THEREOF SHALL BE SO  MADE
   14  THAT  THE  NUMBER OF ELIGIBLE VOTERS IN EACH WARD SHALL BE APPROXIMATELY
   15  EQUAL.
   16    2. THE DEPARTMENT OF STATE AND THE LEGISLATIVE  TASK  FORCE  ON  DEMO-
   17  GRAPHIC   RESEARCH  AND  REAPPORTIONMENT  SHALL  PROVIDE  TO  BOARDS  OF
   18  ELECTIONS ANY AND ALL ASSISTANCE AS MAY BE NECESSARY  TO  IMPLEMENT  THE
   19  PROVISIONS OF THIS SECTION.
   20    3.  EVERY  WARD ESTABLISHED PURSUANT TO THIS SECTION SHALL BE REAPPOR-
   21  TIONED IN THE SAME YEAR AS CONGRESSIONAL, ASSEMBLY AND SENATE  DISTRICTS
   22  ARE REAPPORTIONED PURSUANT TO SECTION FOUR OF ARTICLE THREE OF THE STATE
   23  CONSTITUTION.
   24    S 51-C. TEMPORARY EXEMPTION. 1. IN THE EVENT A SUBURBAN TOWN IS UNABLE
   25  TO COMPLY WITH THE PROVISIONS OF SECTIONS FIFTY-ONE-A AND FIFTY-ONE-B OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05506-02-9
       S. 4471                             2
    1  THIS  TITLE  FOR  THE  FIRST  GENERAL ELECTION OCCURRING AFTER SEPTEMBER
    2  FIRST, TWO THOUSAND TWELVE, SUCH TOWN SHALL, NOT LESS  THAN  SIX  MONTHS
    3  PRIOR TO SUCH ELECTION, SUBMIT AN APPLICATION TO THE DEPARTMENT OF STATE
    4  AND  THE  DEPARTMENT OF LAW FOR AN EXEMPTION FROM THE PROVISIONS OF SUCH
    5  SECTIONS WHICH  SHALL  APPLY  ONLY  TO  SUCH  FIRST  ELECTION.  NO  SUCH
    6  EXEMPTION  SHALL  BE GRANTED UNLESS THE APPLICATION THEREFOR IS APPROVED
    7  JOINTLY BY THE SECRETARY OF STATE AND THE ATTORNEY GENERAL.
    8    2. UPON THE JOINT APPROVAL OF ANY APPLICATION  SUBMITTED  PURSUANT  TO
    9  SUBDIVISION ONE OF THIS SECTION, THE SECRETARY OF STATE AND THE ATTORNEY
   10  GENERAL  SHALL  PROVIDE  THE TOWN AND THE APPROPRIATE BOARD OF ELECTIONS
   11  WITH A NOTICE OF SUCH EXEMPTION. SUCH NOTICE SHALL INCLUDE:
   12    (A) THE SPECIFIC REASONS FOR THE GRANTING OF THE EXEMPTION;
   13    (B) A TIMELINE OF ACTIONS THAT THE TOWN SHALL FULFILL ON OR BEFORE THE
   14  SUCCEEDING GENERAL ELECTION; AND
   15    (C) A TIMELINE OF ACTIONS REQUIRED TO BE COMPLETED FOR THE ELECTION OF
   16  ALL MEMBERS OF THE TOWN BOARD OF SUCH TOWN DURING THE SUCCEEDING  CALEN-
   17  DAR YEAR.
   18    3.  EVERY  TOWN  GRANTED  AN  EXEMPTION PURSUANT TO THIS SECTION SHALL
   19  COMPLY WITH ALL PROVISIONS OF SECTIONS FIFTY-ONE-A  AND  FIFTY-ONE-B  OF
   20  THIS  TITLE  FOR  EVERY  ELECTION  WHICH FOLLOWS SUCH FIRST ELECTION FOR
   21  WHICH AN EXEMPTION WAS GRANTED.
   22    4. ON OR BEFORE THE FIRST OF JUNE IN TWO THOUSAND TWELVE, TWO THOUSAND
   23  THIRTEEN AND TWO THOUSAND FOURTEEN, THE ATTORNEY  GENERAL  SHALL  SUBMIT
   24  REPORTS  TO  THE  GOVERNOR  AND  THE  LEGISLATURE  ON  THE TOWNS GRANTED
   25  EXEMPTIONS PURSUANT TO THIS SECTION. EACH SUCH REPORT SHALL INCLUDE  THE
   26  NAME  OF  THE  TOWN, A DESCRIPTION OF THE PROBLEM IN ESTABLISHING WARDS,
   27  THE POPULATION, THE ELECTED POSITIONS INVOLVED, AND THE OUTCOMES OF  THE
   28  RELEVANT ELECTIONS.
   29    S 2. This act shall take effect immediately and shall apply to general
   30  elections occurring after September 1, 2012.