N.Y. County Law § 101: Permissive referendum

§ 101. Permissive referendum. 1. A resolution of the board of

supervisors which is subject to a permissive referendum shall be subject

to referendum on petition. Within ten days after the adoption by the

board of supervisors of any resolution which is subject to a permissive

referendum, the clerk of the board of supervisors, in the same manner as

provided for notice of a special election, shall cause a notice to be

published at least once in the official newspapers and in such other

newspapers as the board may designate. Such notice shall contain the

number, date of adoption, a true copy of the resolution and a statement

that such resolution is subject to a permissive referendum.

2. A resolution of the board of supervisors which is subject to a

permissive referendum shall not take effect until forty-five days after

its adoption; nor unless it is approved by the affirmative vote of a

majority of the qualified electors of the county voting on a proposition

therefor, if within forty-five days after its adoption there be filed

with the clerk of the board of supervisors a petition signed by

qualified electors of the county in number of not less than ten per

centum of the total vote cast for governor in said county at the last

general election held for the election of state officers. Such petition

shall state that a referendum vote is requested on such resolution,

describing the same by its number and date of adoption, and shall

contain an abstract of the text. The petition may consist of separate

sheets and the signatures to each sheet shall be authenticated in the

manner provided by the election law for the authentication of a

designating petition. The several sheets so signed and authenticated

when fastened together and offered for filing shall be deemed to

constitute one petition. The clerk of the county legislature shall

examine each such petition so filed with him and shall not later than

thirty days after the date of its filing transmit to the board of

supervisors a certificate that he has examined it and has found that it

complies or does not comply, as the case may be, with all the

requirements of law.

3. Proceedings may be instituted and maintained to contest the

sufficiency and validity of any petition provided for in this article,

in the manner provided by the election law, as though such petition were

a designating petition. If the petition be sufficient and valid, a

proposition for the approval of such resolution shall be submitted at an

election pursuant to subdivision four of this section.

4. Within thirty days after the adoption of a resolution which is

subject to a permissive referendum, the board of supervisors may of its

own motion by resolution provide that such resolution be submitted to a

vote of the qualified electors of the county to be held at a general or

special election held not less than sixty days after the adoption of the

resolution providing for such special or general election. A resolution

adopted pursuant to the preceding sentence may not thereafter be

rescinded. Any proposition required to be submitted pursuant to

subdivision three of this section shall be submitted at the next general

election of state or county government officers held in such county not

less than sixty days after the filing of the petition requesting the

referendum, unless the petition requests and the board of supervisors

adopts a resolution submitting such proposition at a special election

held not less than sixty days after the adoption of the resolution

providing for such special election.