§ 9-902 — Referendum on petition; registration list of electors

§ 9-902 Referendum on petition; registration list of electors. 1. An\nact or resolution of the board of trustees as described in the preceding\nsection shall not take effect until thirty days after its adoption; nor\nuntil approved by the affirmative vote of a majority of the qualified\nelectors of such village voting on such proposition for its approval if\nwithin thirty days after its adoption there be filed with the village\nclerk a petition signed and acknowledged by electors of the village in\nnumber equal to at least twenty per centum of such electors in the\nvillage, as shown on the register of electors for the previous general\nvillage election, protesting against such act or resolution and\nrequesting that it be submitted to the electors of the village for their\napproval or disapproval.\n 2. Unless the ownership of real property is otherwise required by law\nas a qualification for voting on a proposition, any person qualified to\nvote at a general village election may vote upon any proposition\nsubmitted at a village election.\n 3. Except as otherwise provided in the election law, it shall be the\nduty of the village clerk to make and file in his office, at least ten\ndays before any such proposition is submitted at a special election\ncalled solely for that purpose an accurate registration list of\nelectors, alphabetically arranged, qualified to vote on the proposition.\nThe village clerk may use any or all of the following to obtain the\ninformation necessary to properly prepare such list:\n (a) Register of electors in last preceding village election.\n (b) Towns register of electors for last preceding general election\ncovering all the area of the village.\n (c) Last preceding county register of electors.\n (d) Any other official record or source that will aid in producing the\nmost accurate registration list of electors.\n Such registration list of electors shall be made available and\ndisclosed to any elector of the village upon request. Any elector of the\nvillage claiming to be qualified to vote upon such a proposition whose\nname is not included in the registration list of electors therefor as\nmade by the village clerk, may apply to such clerk for a revision of\nsuch list of electors to include his or her name. The village clerk upon\nthe presentation of proper proofs showing that the applicant is a duly\nqualified elector shall revise such list of electors to include the name\nof the applicant. The application to revise any such list of electors\nmay be made to the village clerk on or before the date of the election\nat which the proposition is to be submitted.\n 4. The failure or refusal of the village clerk to revise any such list\nof electors to include the name of a qualified elector so applying may\nbe reviewed in a proceeding under article seventy-eight of the civil\npractice law and rules. The court upon petition for such a review shall\ncause to be served upon the village clerk an order directing such clerk\nto show cause why the statement should not be revised to include the\nname of the petitioner. Such order must be made returnable on a date to\nbe fixed by the court not less than twenty-four hours after the order is\nissued and served. If it shall appear upon the return of the order that\nthe petitioner is qualified to vote upon the proposition, the court\nshall order the name of the petitioner to be included in the list of\nelectors and the village clerk shall revise such list accordingly. The\nprovisions of article seventy-eight of the civil practice law and rules,\nnot inconsistent with this act, shall apply to the review provided by\nthis section.\n 5. If such petition be so filed after the first day of the month in\nwhich the general village election is to be held and before the first\nday of the month two months prior to the next general village election,\na proposition for the approval of such act or resolution shall be\nsubmitted at a special election of such village to be held not less than\nten nor more than sixty days after the filing of such petition.\n 6. If such petition be so filed on or after the first day of the month\ntwo months prior to the month in which the general village election is\nto be held and on or before the first day of the month in which the\ngeneral village election is to be held, a proposition for the approval\nof such act or resolution shall be submitted at the said general village\nelection.\n 7. A special election hereunder shall be noticed, conducted, canvassed\nand otherwise held in the same manner as a general village election.\n 8. Petition shall be made upon white paper containing the signatures\nof qualified electors of the village. The sheets of such a petition\nshall be numbered consecutively beginning with number one at the foot of\neach sheet. Such petition must set forth in every instance the correct\ndate of signing, the full name of the signer, his present residence, the\nward if any and the village election district if any. A signer need not\nhimself fill in the date, residence, ward, or election district.\n Each sheet of such petition shall be signed in ink and shall be\nsubstantially in the following form:\n To the Board of Trustees of this Village of ..........................\nCounty of ......................, State of New York.\n We, the undersigned, duly qualified electors of the village\nof ............. respectfully petition that the following proposed act\nor resolution ..... here insert title, abstract or identifying\nnumber ..... be submitted to a vote of the qualified electors of the\nvillage for their approval or rejection as provided by law.\n Ward Village Election\n Date Signature-Residence if any District if any\n ..... ................... ...... ................\n ..... ................... ...... ................\n ..... ................... ...... ................\nStatement of Witness:\n I, .................state: I am over the age of eighteen years and now\nreside at ................................................... (residence\naddress, or postoffice address if not identical) in the Village\nof ................... in the State of New York, County\nof .................. . Each of the electors whose names are subscribed\nto this petition sheet containing .........(fill in number) signatures,\nsubscribed his name in my presence.\n I understand that this statement will be accepted for all purposes as\nthe equivalent of an affidavit and, if it contains a material false\nstatement, shall subject me to the same penalties as if I had been duly\nsworn.\n ............ .........................\n Date Signature of Witness\n 9. If, within five days after the filing of such petition, a written\nobjection thereto be filed with the village clerk, the supreme court or\nany justice thereof of the judicial district in which such village or\nany part thereof is located, shall determine any question arising\nthereunder and make such order as justice may require. Such proceeding\nshall be heard and determined in the manner prescribed by section 16-116\nof the election law.\n