S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6425

                                   I N  S E N A T E

                                   February 8, 2012
                                      ___________

       Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government

       AN ACT to amend the town law, in relation to elections in  the  Dunewood
         fire district in the county of Suffolk

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 2 of section 175 of the town law, as amended by
    2  chapter 202 of the laws of 1984, is amended to read as follows:
    3    2. Every elector of the town who shall be a registered voter  and  who
    4  shall  have  resided  in the district for the period of thirty days next
    5  preceding any election of fire district officers shall be  qualified  to
    6  vote  for such officers. Every elector of the town who shall be a regis-
    7  tered voter and who shall have resided in  the  fire  district  for  the
    8  period of thirty days next preceding any election at which a proposition
    9  shall  be  submitted,  shall be qualified to vote upon such proposition.
   10  PROVIDED, FURTHER, THAT IN THE DUNEWOOD FIRE DISTRICT, EVERY PERSON  WHO
   11  OWNS  REAL  PROPERTY  WITHIN SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS
   12  NEXT PRECEDING ANY ELECTION OF FIRE DISTRICT  OFFICERS  OR  AT  WHICH  A
   13  PROPOSITION  SHALL  BE  SUBMITTED,  REGARDLESS  OF  WHETHER  SUCH PERSON
   14  RESIDES IN THE FIRE DISTRICT, SHALL BE QUALIFIED TO VOTE FOR SUCH  OFFI-
   15  CERS AND UPON SUCH PROPOSITION.
   16    S 2. Section 175-a of the town law is amended by adding a new subdivi-
   17  sion 1-a to read as follows:
   18    1-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
   19  SECTION, THE BOARD OF FIRE COMMISSIONERS OF THE DUNEWOOD  FIRE  DISTRICT
   20  SHALL,  IN  ADDITION  TO  VOTERS REGISTERED WITH THE BOARD OF ELECTIONS,
   21  PROVIDE FOR THE REGISTRATION, FOR ALL ELECTIONS IN SUCH  FIRE  DISTRICT,
   22  OF  EVERY  PERSON  WHO  OWNS  REAL PROPERTY WITHIN SUCH DISTRICT FOR THE
   23  PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION, REGARDLESS OF WHETHER
   24  SUCH PERSON RESIDES IN THE FIRE DISTRICT.
   25    S 3. Section 175-b of the town law is amended by adding two new subdi-
   26  visions 1-a and 11-a to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13738-02-2

S. 6425 2 1 1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS 2 SECTION, THE BOARD OF FIRE COMMISSIONERS OF THE DUNEWOOD FIRE DISTRICT 3 SHALL PROVIDE FOR ABSENTEE BALLOTS OF FIRE DISTRICT ELECTIONS. 4 11-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE 5 DUNEWOOD FIRE DISTRICT, ABSENTEE BALLOTS COMPLETED BY PERSONS WHO OWN 6 REAL PROPERTY WITHIN SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS NEXT 7 PRECEDING THE ELECTION, SHALL BE CERTIFIED AND THE BALLOTS SHALL BE 8 DEPOSITED IN THE PROPER BOX OR BOXES. THE BOARD OF ELECTIONS OF THE 9 COUNTY OF SUFFOLK SHALL NOT WITHHOLD ITS CERTIFICATION OF ANY DUNEWOOD 10 FIRE DISTRICT ELECTION ON THE BASIS THAT ANY VOTER IS NOT A RESIDENT OF 11 SUCH DISTRICT WHEN THE VOTER OWNS REAL PROPERTY WITHIN THE DISTRICT FOR 12 THE PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION. 13 S 4. This act shall take effect immediately.