N.Y. Alternative County Government Law § 656: Submission of question; adoption; effect

§ 656. Submission of question; adoption; effect. 1. The board of

elections shall cause such question to be submitted to the electors of

the county in the manner provided in the election law. The provisions of

section one hundred two of the county law, so far as applicable, shall

apply also to the manner of submission of questions under the provisions

of this chapter.

2. No alternative form of county government or variation thereof shall

become operative in a county unless adopted by receiving a majority (a)

of the total votes cast thereon in the county at large, (b) of the total

votes cast thereon within the area outside of cities, and (c) of the

total votes cast thereon within the area of any cities in the county

considered as one unit. The disapproval of any question proposing a

variation shall not otherwise affect or invalidate an alternative form

of county government approved at the same election. The approval of any

question proposing a variation of a form of government not already in

effect at the time of submission shall be of no effect unless the

alternative form of government is also approved at the same election.

3. If any such form of government provides for the transfer of any

functions of local government to or from the cities, the towns or the

villages of the county, the alternative form of county government

proposed shall not take effect with respect to such transfer unless the

transfer or the form of government containing it shall also receive a

majority of all the votes cast thereon in all the cities so affected

considered as one unit, in all the towns so affected considered as one

unit, and in all the villages so affected considered as one unit.

4. Any alternative form of county government adopted by a county under

this chapter shall take effect on the first day of January next

succeeding its adoption, except as provided in subdivision five and

except that the county president form of county government shall take

effect on the first day of January of the second year after its adoption

and the first county president shall be elected at the next general

election following the adoption for a term beginning when the county

president form takes effect. All provisions of the election law

applicable to the nomination and election of other county officers shall

apply also to the nomination and election of the county president.

5. Any modification of an existing form shall take effect on the first

day of January next succeeding its adoption, except that a modification

making an appointive officer elective shall take effect as to the

election at the next general election after its adoption and the officer

then elected shall take office on the first day of January thereafter.

Any change to another form of government or abandonment of an existing

form shall take effect on the first day of January of the second year

after its adoption. Any new elective officers required by such change or

abandonment shall be elected at the general election next preceding the

taking effect of the new form of government.

6. Variations which are inconsistent shall not be submitted at the

same election. Should two or more inconsistent variations be proposed,

the variation first proposed shall have preference and shall be first

submitted to the electors of the county for approval or disapproval.

The other shall be submitted to the electors at subsequent general

elections occurring in an odd-numbered year, in the order of their

filing, but only if the inconsistent variation or variations previously

submitted have been disapproved or if initiated by a new petition or

resolution.