N.Y. General Municipal Law § 758: Conduct of referendum

§ 758. Conduct of referendum. 1. A referendum required by sections

seven hundred fifty-five or seven hundred fifty-seven of this title

shall be placed before the electors of each of the local government

entities to be consolidated at a special election to be held not less

than sixty or more than ninety days after the enactment of a resolution

calling for such referendum, provided, however, that in cases where a

town or village general election falls within such period, the question

may be considered during a town or village general election.

2. The referendum may be held in each local government entity on the

same day, or on different days, however, not more than twenty days

apart.

3. Notice of the referendum shall be given to the electors of each

local government entity to be consolidated by publication in a newspaper

having a general circulation within the boundaries of each entity at

least once a week for four consecutive weeks immediately prior to the

referendum. The notice shall include, but not be limited to:

(a) a summary of the contents of the resolution and joint

consolidation agreement or petition for consolidation, as the case may

be;

(b) a statement as to where may be examined a copy of the resolution

and joint consolidation agreement or petition for consolidation, as the

case may be;

(c) the names of the local government entities to be consolidated and

a description of their territory;

(d) with respect to a resolution calling for a referendum under

section seven hundred fifty-five of this title only, the name of the

proposed consolidated local government entity;

(e) the time and place or places at which the referendum will be held;

and

(f) such other matters as may be necessary to call, provide for and

give notice of the referendum and to provide for the conduct thereof and

the canvass of the returns thereupon.

4. The referendum question placed before the electors of each local

government entity to be consolidated shall be in a form reading

substantially as follows:

"Shall (insert type and name of local government entity) be

consolidated with (insert type and name of local government entity or

entities)?

YES ____

NO ____"

5. In any referendum held pursuant to this title, each local

government entity to be consolidated shall bear only the costs of

holding such referendum in its respective entity and shall not be

required to bear the costs of a referendum held in any other entity.

6. In any referendum held pursuant to this title, and except as

otherwise specified herein, the referendum shall be conducted in the

same manner as other municipal elections or referendums for the local

government entities to be consolidated.