§ 91 — Referendum on petition

New York § 91

• Jurisdiction: New York
• Law TWN: Town
• Art. 7: Permissive Referendum

Text

§ 91. Referendum on petition. Any such resolution or act of the town\nboard as set forth in the preceding section shall not take effect until\nthirty days after its adoption; nor until approved by the affirmative\nvote of a majority of the qualified electors of such town or district\naffected, voting on such proposition, if within thirty days after its\nadoption there be filed with the town clerk a petition signed, and\nacknowledged or proved, or authenticated by electors of the town\nqualified to vote upon a proposition to raise and expend money, in\nnumber equal to at least five per centum of the total vote cast for\ngovernor in said town at the last general election held for the election\nof state officers, but which shall not be less than one hundred in a\ntown of the first class nor less than twenty-five in a town of the\nsecond class, protesting against such act or resolution and requesting\nthat it be submitted to the qualified electors of the town or district\naffected, for their approval or disapproval. If such petition be so\nfiled not more than one hundred five days nor less than ninety days\nprior to a biennial town election, a proposition for the approval of\nsuch act or resolution shall be submitted at such biennial town\nelection. If a petition be so filed at any other time, a proposition for\nthe approval of such act or resolution shall be submitted at a special\ntown election to be held not less than ninety nor more than one hundred\nfive days after the filing of such petition. The petition may be made\nupon separate sheets and the signatures to each sheet shall be\nauthenticated in the manner provided by the election law for the\nauthentication of nominating petitions. The several sheets so signed and\nauthenticated when fastened together and offered for filing shall be\ndeemed to constitute one petition. If, within five days after the filing\nof such petition, a written objection thereto be filed with the town\nclerk, and a verified petition setting forth the objections be presented\nby the person so filing such objections to the supreme court or any\njustice thereof of the judicial district in which such town is located,\nsuch court or justice within twenty days shall determine any question\narising thereunder and make such order as justice may require. Such\nproceeding shall be heard and determined in the manner prescribed by\nsection 16-116 of the election law.\n