2023 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.