NY Vill L § 9-902 (2021)
2021 New York Laws VIL - Village Article 9 - Permissive Referendum 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.