Bill S6425-2011

Authorizes property owners in the Dunewood fire district, regardless of where they reside, to vote, in person or by absentee ballot, in district elections

Authorizes property owners in the Dunewood fire district, regardless of where they reside, to vote, in person or by absentee ballot, in district elections.

Details

Actions

  • Jun 21, 2012: RECOMMITTED TO RULES
  • Jun 14, 2012: STARRED ON CALENDAR
  • Jun 13, 2012: ORDERED TO THIRD READING CAL.1211
  • Jun 13, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 8, 2012: REFERRED TO LOCAL GOVERNMENT

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 13, 2012
Ayes (21): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Duane, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Breslin
Nays (2): Dilan, Hassell-Thompson
Excused (1): Krueger

Memo

BILL NUMBER:S6425

TITLE OF BILL: An act to amend the town law, in relation to elections in the Dunewood fire district in the county of Suffolk

PURPOSE: To authorize property owners in the Dunewood fire district, regardless of where they reside, to vote, in person or by absentee ballot, in district elections.

SUMMARY OF PROVISIONS: Section 1 of the bill amends subdivision 2 of section 175 of the Town Law (TWN) to provide that property owners in the Dunewood fire district, regardless of where they reside, shall be qualified to vote in district elections.

Section 2 adds a new subdivision 1-a to TWN §175-a to require that the Dunewood Fire District Board of Commissioners provide for the registration of all voters who own property within the district, regardless if they are registered with the Board of Elections to vote at that address, for all district elections.

Section 3 adds two new subdivisions, 1-a and 11-a, to TWN §175-b. Subdivision 1-a requires the Dunewood Fire District Board of Commissioners to provide for absentee ballots for fire district elections. Subdivision 11-a stipulates that the Suffolk County Board of Elections shall not withhold its certification of any Dunewood Fire District elections on the basis that any voter is not a resident of such district when the voter owns property in the district.

Section 4 provides the effective date.

JUSTIFICATION: Dunewood is a small, seasonal community on Fire Island in Suffolk County where only two of the property owners reside year-round. The community is only accessible by boat or ferry, making it difficult for seasonal residents to participate in the local fire district elections in December. Expanding the rights of eligible voters in the fire district by allowing them to vote by absentee ballot, regardless of where they reside, will encourage greater citizen participation in fire district elections.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to State; local to be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6425 IN SENATE 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: Section 1. Subdivision 2 of section 175 of the town law, as amended by chapter 202 of the laws of 1984, is amended to read as follows: 2. Every elector of the town who shall be a registered voter and who shall have resided in the district for the period of thirty days next preceding any election of fire district officers shall be qualified to vote for such officers. Every elector of the town who shall be a regis- tered voter and who shall have resided in the fire district for the period of thirty days next preceding any election at which a proposition shall be submitted, shall be qualified to vote upon such proposition. PROVIDED, FURTHER, THAT IN THE DUNEWOOD FIRE DISTRICT, EVERY PERSON WHO OWNS REAL PROPERTY WITHIN SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS NEXT PRECEDING ANY ELECTION OF FIRE DISTRICT OFFICERS OR AT WHICH A PROPOSITION SHALL BE SUBMITTED, REGARDLESS OF WHETHER SUCH PERSON RESIDES IN THE FIRE DISTRICT, SHALL BE QUALIFIED TO VOTE FOR SUCH OFFI- CERS AND UPON SUCH PROPOSITION. S 2. Section 175-a of the town law is amended by adding a new subdivi- sion 1-a to read as follows: 1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE BOARD OF FIRE COMMISSIONERS OF THE DUNEWOOD FIRE DISTRICT SHALL, IN ADDITION TO VOTERS REGISTERED WITH THE BOARD OF ELECTIONS, PROVIDE FOR THE REGISTRATION, FOR ALL ELECTIONS IN SUCH FIRE DISTRICT, OF EVERY PERSON WHO OWNS REAL PROPERTY WITHIN SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION, REGARDLESS OF WHETHER SUCH PERSON RESIDES IN THE FIRE DISTRICT. S 3. Section 175-b of the town law is amended by adding two new subdi- visions 1-a and 11-a to read as follows:
1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE BOARD OF FIRE COMMISSIONERS OF THE DUNEWOOD FIRE DISTRICT SHALL PROVIDE FOR ABSENTEE BALLOTS OF FIRE DISTRICT ELECTIONS. 11-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE DUNEWOOD FIRE DISTRICT, ABSENTEE BALLOTS COMPLETED BY PERSONS WHO OWN REAL PROPERTY WITHIN SUCH DISTRICT FOR THE PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION, SHALL BE CERTIFIED AND THE BALLOTS SHALL BE DEPOSITED IN THE PROPER BOX OR BOXES. THE BOARD OF ELECTIONS OF THE COUNTY OF SUFFOLK SHALL NOT WITHHOLD ITS CERTIFICATION OF ANY DUNEWOOD FIRE DISTRICT ELECTION ON THE BASIS THAT ANY VOTER IS NOT A RESIDENT OF SUCH DISTRICT WHEN THE VOTER OWNS REAL PROPERTY WITHIN THE DISTRICT FOR THE PERIOD OF THIRTY DAYS NEXT PRECEDING THE ELECTION. S 4. This act shall take effect immediately.

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