N.Y. Village Law § 9-902: Referendum on petition; registration list of electors

§ 9-902 Referendum on petition; registration list of electors. 1. An

act or resolution of the board of trustees as described in the preceding

section shall not take effect until thirty days after its adoption; nor

until approved by the affirmative vote of a majority of the qualified

electors of such village voting on such proposition for its approval if

within thirty days after its adoption there be filed with the village

clerk a petition signed and acknowledged by electors of the village in

number equal to at least twenty per centum of such electors in the

village, as shown on the register of electors for the previous general

village election, protesting against such act or resolution and

requesting that it be submitted to the electors of the village for their

approval or disapproval.

2. Unless the ownership of real property is otherwise required by law

as a qualification for voting on a proposition, any person qualified to

vote at a general village election may vote upon any proposition

submitted at a village election.

3. Except as otherwise provided in the election law, it shall be the

duty of the village clerk to make and file in his office, at least ten

days before any such proposition is submitted at a special election

called solely for that purpose an accurate registration list of

electors, alphabetically arranged, qualified to vote on the proposition.

The village clerk may use any or all of the following to obtain the

information necessary to properly prepare such list:

(a) Register of electors in last preceding village election.

(b) Towns register of electors for last preceding general election

covering all the area of the village.

(c) Last preceding county register of electors.

(d) Any other official record or source that will aid in producing the

most accurate registration list of electors.

Such registration list of electors shall be made available and

disclosed to any elector of the village upon request. Any elector of the

village claiming to be qualified to vote upon such a proposition whose

name is not included in the registration list of electors therefor as

made by the village clerk, may apply to such clerk for a revision of

such list of electors to include his or her name. The village clerk upon

the presentation of proper proofs showing that the applicant is a duly

qualified elector shall revise such list of electors to include the name

of the applicant. The application to revise any such list of electors

may be made to the village clerk on or before the date of the election

at which the proposition is to be submitted.

4. The failure or refusal of the village clerk to revise any such list

of electors to include the name of a qualified elector so applying may

be reviewed in a proceeding under article seventy-eight of the civil

practice law and rules. The court upon petition for such a review shall

cause to be served upon the village clerk an order directing such clerk

to show cause why the statement should not be revised to include the

name of the petitioner. Such order must be made returnable on a date to

be fixed by the court not less than twenty-four hours after the order is

issued and served. If it shall appear upon the return of the order that

the petitioner is qualified to vote upon the proposition, the court

shall order the name of the petitioner to be included in the list of

electors and the village clerk shall revise such list accordingly. The

provisions of article seventy-eight of the civil practice law and rules,

not inconsistent with this act, shall apply to the review provided by

this section.

5. If such petition be so filed after the first day of the month in

which the general village election is to be held and before the first

day of the month two months prior to the next general village election,

a proposition for the approval of such act or resolution shall be

submitted at a special election of such village to be held not less than

ten nor more than sixty days after the filing of such petition.

6. If such petition be so filed on or after the first day of the month

two months prior to the month in which the general village election is

to be held and on or before the first day of the month in which the

general village election is to be held, a proposition for the approval

of such act or resolution shall be submitted at the said general village

election.

7. A special election hereunder shall be noticed, conducted, canvassed

and otherwise held in the same manner as a general village election.

8. Petition shall be made upon white paper containing the signatures

of qualified electors of the village. The sheets of such a petition

shall be numbered consecutively beginning with number one at the foot of

each sheet. Such petition must set forth in every instance the correct

date of signing, the full name of the signer, his present residence, the

ward if any and the village election district if any. A signer need not

himself fill in the date, residence, ward, or election district.

Each sheet of such petition shall be signed in ink and shall be

substantially in the following form:

To the Board of Trustees of this Village of ..........................

County of ......................, State of New York.

We, the undersigned, duly qualified electors of the village

of ............. respectfully petition that the following proposed act

or resolution ..... here insert title, abstract or identifying

number ..... be submitted to a vote of the qualified electors of the

village for their approval or rejection as provided by law.

Ward Village Election

Date Signature-Residence if any District if any

..... ................... ...... ................

..... ................... ...... ................

..... ................... ...... ................

Statement of Witness:

I, .................state: I am over the age of eighteen years and now

reside at ................................................... (residence

address, or postoffice address if not identical) in the Village

of ................... in the State of New York, County

of .................. . Each of the electors whose names are subscribed

to this petition sheet containing .........(fill in number) signatures,

subscribed his name in my presence.

I understand that this statement will be accepted for all purposes as

the equivalent of an affidavit and, if it contains a material false

statement, shall subject me to the same penalties as if I had been duly

sworn.

............ .........................

Date Signature of Witness

9. If, within five days after the filing of such petition, a written

objection thereto be filed with the village clerk, the supreme court or

any justice thereof of the judicial district in which such village or

any part thereof is located, shall determine any question arising

thereunder and make such order as justice may require. Such proceeding

shall be heard and determined in the manner prescribed by section 16-116

of the election law.