[HISTORY: Adopted by the Town Board of the Town of Clay as indicated
in article histories. Amendments as indicated in article histories.]
[Adopted 8-4-1980 by L.L. No. 1-1980]
This article shall be known and may be cited as "A Local Law for the
Election Upon a Proposition to Establish or Abolish the Ward System for the
Election of Councilpersons in the Town of Clay."
The purpose of this article is to provide that any proposition, either
proposed by the Town Board on its own motion or upon petition submitted by
town electors for the establishment or abolishment of the ward system for
the election of Councilpersons in the Town of Clay, be voted upon at a general
election held on the Tuesday next succeeding the first Monday in November
in any year that such a proposition is submitted, instead of calling a special
election within a specified time period or submitting said proposition at
a biennial town election, thus amending and superseding in part certain sections
of the Town Law of the State of New York.
This article has been adopted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York and specifically § 10, Subdivision
1, Paragraph (d), Subparagraph [3], thereof.
As used in this article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Any national, state, county or town election, including biennial
town election that is held on the Tuesday next succeeding the first Monday
in November in any year.
A petition subscribed and acknowledged by electors of the Town of
Clay qualified to vote upon a proposition and authenticated as provided in
Article 6 of the Election Law of the State of New York.
A person who is qualified to vote on a proposition at a general election
in the town pursuant to the provisions of §§ 5-100 and 5-102
of the Election Law of the State of New York and § 84 of the Town
Law of the State of New York.
This article only pertains to a proposition to establish or abolish
the ward system for the election of Councilpersons in the Town of Clay, and
in no way limits or restricts the procedures for the election of any other
proposition as set forth in § 81 of the Town Law, or any other general
law or statute of the State of New York.
A petition shall be subscribed and authenticated in the manner provided
by the Election Law for the authentication of designating petitions by electors
of the town qualified to vote upon a proposition at a general election in
numbers equal to 5% of the total votes cast for governor in the Town of Clay
at the last general election held for the election of state officers, but
such number shall not be less than 100.
If such a proposition is submitted by the Town Board upon its own motion,
or in the event a petition be filed in the office of the Town Clerk not less
than 45 days prior to a general election held in the town, the proposition
shall then be submitted at such general election. If such proposition is submitted
by the Town Board upon its own motion, or in the event a petition be filed
less than 45 days prior to a general election in the town, the proposition
shall then be submitted at the general election held in the town the next
succeeding year.
Once a proposition to adopt the ward system in the Town of Clay has
been duly submitted and voted upon favorably at a general election, the provisions
of § 85, Subdivision 1, of the Town Law shall be applicable.
Once a proposition abolishing the ward system in the Town of Clay has
been adopted, the provisions of § 85, Subdivision 2, of the Town
Law of the State of New York shall be applicable.
Pursuant to the authority of the Municipal Home Rule Law, § 10,
Subdivision 1, Paragraph (d), Subparagraph [3], the following provisions of
Town Law are amended and superseded by this article in its application to
the Town of Clay:
A.
Section 80, Biennial town elections, is superseded by
this article to the extent that said section is applicable to a proposition
to establish or abolish the ward system for the election of Councilpersons
in the Town of Clay.
B.
Section 81, Election upon proposition, is superseded
by this article by deleting Subdivision 2, Paragraph (b), "To establish or
abolish the ward system for the election of councilmen in towns having four
or six councilmen," from the provisions of said section.
C.
Section 85, Ward system for election of Councilmen, is
superseded by this article by deleting the first sentence of Subdivision 2
thereof, "The ward system may be abolished upon the adoption of a proposition
therefor at any special or biennial town election."
This article shall be operative as to any petition pending prior to
the effective date hereof.
