State Codes and Statutes

Statutes > New-york > Twn > Article-11 > 175

§ 175. Election of fire district officers. 1. An annual election shall  be  held in each fire district on the second Tuesday in December, except  that in the Ocean Bay Park fire district, the Lonelyville fire district,  the Davis Park fire district, the Cherry Grove  fire  district  and  the  Fire  Island  Pines  fire district, Suffolk county, such annual election  shall be held on the second Tuesday in July, except that in the town  of  Salisbury,  Herkimer  county,  such annual election shall be held on the  Tuesday next succeeding the first Monday in November from six o'clock in  the morning until nine o'clock in the evening and  except  that  in  the  Belfast  fire  district,  Allegany county, such annual election shall be  held on the first Tuesday in December. The board of  fire  commissioners  shall  give notice thereof by the publication of a notice once in one or  more newspapers having a general circulation in the district. The  first  publication  of such notice shall be not less than twenty-seven days and  not more than thirty-four days prior to the date of such election.  Such  notice  shall  specify  the  time when and the place where such election  will be held, the officers to be elected  thereat  and  their  terms  of  office,  and  the  hours  during  which  the  polls will be open for the  receipt of ballots. The secretary of such fire  district  shall  prepare  the  ballots  for  all elections of fire district officers and the polls  shall remain open for the receipt  thereof  at  all  elections  of  fire  district  officers from six o'clock in the evening until nine o'clock in  the evening and such additional consecutive hours prior thereto  as  the  board  of  fire  commissioners  of such district may have determined and  specified in the notice thereof. The board of fire  commissioners  shall  designate  a  resident  fire district elector, who shall be a registered  voter of the town, to act as chairman of any election of  said  district  and  shall  designate not less than two nor more than four resident fire  district electors, who shall be registered voters of the town to act  as  election  inspectors  and  ballot  clerks at such elections. No elective  officer of the fire district shall serve  as  such  chairman  or  as  an  election  inspector or ballot clerk. The board of fire commissioners may  adopt a resolution providing that such chairman, election inspectors and  ballot clerks shall be paid for their respective services  at  any  such  annual  election  or  at any special election of the fire district. Such  resolution, if adopted, shall fix the amount of  such  compensation,  as  follows:  if  the  hours  during  which  the  polls will be open for the  receipt of ballots are from  six  o'clock  in  the  evening  until  nine  o'clock in the evening, a sum not to exceed thirty-five dollars for each  such  official;  if additional consecutive hours prior to six o'clock in  the evening are determined and specified in the notice  of  election,  a  sum not to exceed fifty dollars for each such official.    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  registered 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.    3.  Every  fire district commissioner, treasurer and secretary must at  the time of his election or  appointment  and  throughout  his  term  of  office  be  a  resident of such fire district. Membership in a volunteer  fire company shall not disqualify any such fire  district  commissioner,  treasurer  or secretary. A person who has been convicted of arson in any  degree shall not be eligible for election or appointment to  the  office  of fire district commissioner, treasurer or secretary. Any fire district  commissioner,  treasurer  or  secretary who is convicted of arson in anydegree during his term of office shall be disqualified  from  completing  such term of office.    4.  There shall be conspicuously placed, by the resident fire elector,  distance markers at a distance of one  hundred  feet  from  the  polling  place.  Such  distance markers shall be so placed at least one-half hour  before the opening of the polls and shall remain until  such  polls  are  closed.  The  one hundred foot distance shall be deemed to include a one  hundred foot radial measured  from  the  entrances,  designated  by  the  resident  fire elector, to a building where such election is being held.  While the polls are open no person shall do  any  electioneering  within  the  polling  place, or in any public street within the one hundred foot  radial, or within such distance in any place  in  a  public  manner.  No  electioneering  banner,  button,  poster  or  placard on behalf of or in  opposition to any candidate or issue to be voted upon shall  be  allowed  in  or  upon the polling place or within such one hundred feet therefrom  during the election. Any person who willfully violates the provisions of  this subdivision shall be guilty of a misdemeanor.    5. All official ballots  shall  remain  in  the  custody  of  election  inspectors  within the polling place from the opening of the polls until  the announcement of the result of the canvass and  the  signing  of  the  inspectors'  returns  thereof. After the polls shall have been closed at  any election held for the election of fire district officers or to  vote  upon  a  proposition,  the  election  inspectors and ballot clerks shall  immediately canvass publicly the ballots cast and the  chairman  of  the  election  shall  publicly  announce the result. Within seventy-two hours  thereafter, the chairman, election inspectors and  ballot  clerks  shall  execute  and  file  a  certificate of the result of the canvass with the  board of fire commissioners and with the town  clerk  of  each  town  in  which said district or any part thereof may be located.    6.  If  in  any  fire  district the number of voters is so great as to  render it inexpedient or impossible  to  conduct  the  election  at  one  polling  place,  the  board  of  fire  commissioners may divide the fire  district into election districts and provide a polling  place  for  each  such  election  district, provided, however, that the number of election  districts in any fire district shall not exceed one for each six hundred  electors plus one for a remaining  fraction  of  six  hundred.  In  such  event,  the  notice  specified  in subdivision one of this section shall  describe the election districts and state where the polling places  will  be located, and the board of fire commissioners shall designate not less  than  two  nor more than four resident fire district electors, who shall  be registered voters of the town, to  act  as  election  inspectors  and  ballot  clerks  at  each  such polling place. The board of fire district  commissioners may  adopt  a  resolution  providing  that  such  election  inspectors and ballot clerks shall be paid for their respective services  at  any  such  annual  election  or  at any special election of the fire  district. Such resolution, if adopted, shall  fix  the  amount  of  such  compensation  as  follows:  if  the hours during which the polls will be  open for the receipt of ballots are from  six  o'clock  in  the  evening  until  nine  o'clock  in  the  evening,  a sum not to exceed thirty-five  dollars for each such official; if additional consecutive hours prior to  six o'clock in the evening are determined and specified in the notice of  election, a sum not to exceed fifty dollars for each such  official.  No  elective  officer  of  the  fire  district  shall  serve  as an election  inspector or ballot clerk.

State Codes and Statutes

Statutes > New-york > Twn > Article-11 > 175

§ 175. Election of fire district officers. 1. An annual election shall  be  held in each fire district on the second Tuesday in December, except  that in the Ocean Bay Park fire district, the Lonelyville fire district,  the Davis Park fire district, the Cherry Grove  fire  district  and  the  Fire  Island  Pines  fire district, Suffolk county, such annual election  shall be held on the second Tuesday in July, except that in the town  of  Salisbury,  Herkimer  county,  such annual election shall be held on the  Tuesday next succeeding the first Monday in November from six o'clock in  the morning until nine o'clock in the evening and  except  that  in  the  Belfast  fire  district,  Allegany county, such annual election shall be  held on the first Tuesday in December. The board of  fire  commissioners  shall  give notice thereof by the publication of a notice once in one or  more newspapers having a general circulation in the district. The  first  publication  of such notice shall be not less than twenty-seven days and  not more than thirty-four days prior to the date of such election.  Such  notice  shall  specify  the  time when and the place where such election  will be held, the officers to be elected  thereat  and  their  terms  of  office,  and  the  hours  during  which  the  polls will be open for the  receipt of ballots. The secretary of such fire  district  shall  prepare  the  ballots  for  all elections of fire district officers and the polls  shall remain open for the receipt  thereof  at  all  elections  of  fire  district  officers from six o'clock in the evening until nine o'clock in  the evening and such additional consecutive hours prior thereto  as  the  board  of  fire  commissioners  of such district may have determined and  specified in the notice thereof. The board of fire  commissioners  shall  designate  a  resident  fire district elector, who shall be a registered  voter of the town, to act as chairman of any election of  said  district  and  shall  designate not less than two nor more than four resident fire  district electors, who shall be registered voters of the town to act  as  election  inspectors  and  ballot  clerks at such elections. No elective  officer of the fire district shall serve  as  such  chairman  or  as  an  election  inspector or ballot clerk. The board of fire commissioners may  adopt a resolution providing that such chairman, election inspectors and  ballot clerks shall be paid for their respective services  at  any  such  annual  election  or  at any special election of the fire district. Such  resolution, if adopted, shall fix the amount of  such  compensation,  as  follows:  if  the  hours  during  which  the  polls will be open for the  receipt of ballots are from  six  o'clock  in  the  evening  until  nine  o'clock in the evening, a sum not to exceed thirty-five dollars for each  such  official;  if additional consecutive hours prior to six o'clock in  the evening are determined and specified in the notice  of  election,  a  sum not to exceed fifty dollars for each such official.    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  registered 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.    3.  Every  fire district commissioner, treasurer and secretary must at  the time of his election or  appointment  and  throughout  his  term  of  office  be  a  resident of such fire district. Membership in a volunteer  fire company shall not disqualify any such fire  district  commissioner,  treasurer  or secretary. A person who has been convicted of arson in any  degree shall not be eligible for election or appointment to  the  office  of fire district commissioner, treasurer or secretary. Any fire district  commissioner,  treasurer  or  secretary who is convicted of arson in anydegree during his term of office shall be disqualified  from  completing  such term of office.    4.  There shall be conspicuously placed, by the resident fire elector,  distance markers at a distance of one  hundred  feet  from  the  polling  place.  Such  distance markers shall be so placed at least one-half hour  before the opening of the polls and shall remain until  such  polls  are  closed.  The  one hundred foot distance shall be deemed to include a one  hundred foot radial measured  from  the  entrances,  designated  by  the  resident  fire elector, to a building where such election is being held.  While the polls are open no person shall do  any  electioneering  within  the  polling  place, or in any public street within the one hundred foot  radial, or within such distance in any place  in  a  public  manner.  No  electioneering  banner,  button,  poster  or  placard on behalf of or in  opposition to any candidate or issue to be voted upon shall  be  allowed  in  or  upon the polling place or within such one hundred feet therefrom  during the election. Any person who willfully violates the provisions of  this subdivision shall be guilty of a misdemeanor.    5. All official ballots  shall  remain  in  the  custody  of  election  inspectors  within the polling place from the opening of the polls until  the announcement of the result of the canvass and  the  signing  of  the  inspectors'  returns  thereof. After the polls shall have been closed at  any election held for the election of fire district officers or to  vote  upon  a  proposition,  the  election  inspectors and ballot clerks shall  immediately canvass publicly the ballots cast and the  chairman  of  the  election  shall  publicly  announce the result. Within seventy-two hours  thereafter, the chairman, election inspectors and  ballot  clerks  shall  execute  and  file  a  certificate of the result of the canvass with the  board of fire commissioners and with the town  clerk  of  each  town  in  which said district or any part thereof may be located.    6.  If  in  any  fire  district the number of voters is so great as to  render it inexpedient or impossible  to  conduct  the  election  at  one  polling  place,  the  board  of  fire  commissioners may divide the fire  district into election districts and provide a polling  place  for  each  such  election  district, provided, however, that the number of election  districts in any fire district shall not exceed one for each six hundred  electors plus one for a remaining  fraction  of  six  hundred.  In  such  event,  the  notice  specified  in subdivision one of this section shall  describe the election districts and state where the polling places  will  be located, and the board of fire commissioners shall designate not less  than  two  nor more than four resident fire district electors, who shall  be registered voters of the town, to  act  as  election  inspectors  and  ballot  clerks  at  each  such polling place. The board of fire district  commissioners may  adopt  a  resolution  providing  that  such  election  inspectors and ballot clerks shall be paid for their respective services  at  any  such  annual  election  or  at any special election of the fire  district. Such resolution, if adopted, shall  fix  the  amount  of  such  compensation  as  follows:  if  the hours during which the polls will be  open for the receipt of ballots are from  six  o'clock  in  the  evening  until  nine  o'clock  in  the  evening,  a sum not to exceed thirty-five  dollars for each such official; if additional consecutive hours prior to  six o'clock in the evening are determined and specified in the notice of  election, a sum not to exceed fifty dollars for each such  official.  No  elective  officer  of  the  fire  district  shall  serve  as an election  inspector or ballot clerk.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-11 > 175

§ 175. Election of fire district officers. 1. An annual election shall  be  held in each fire district on the second Tuesday in December, except  that in the Ocean Bay Park fire district, the Lonelyville fire district,  the Davis Park fire district, the Cherry Grove  fire  district  and  the  Fire  Island  Pines  fire district, Suffolk county, such annual election  shall be held on the second Tuesday in July, except that in the town  of  Salisbury,  Herkimer  county,  such annual election shall be held on the  Tuesday next succeeding the first Monday in November from six o'clock in  the morning until nine o'clock in the evening and  except  that  in  the  Belfast  fire  district,  Allegany county, such annual election shall be  held on the first Tuesday in December. The board of  fire  commissioners  shall  give notice thereof by the publication of a notice once in one or  more newspapers having a general circulation in the district. The  first  publication  of such notice shall be not less than twenty-seven days and  not more than thirty-four days prior to the date of such election.  Such  notice  shall  specify  the  time when and the place where such election  will be held, the officers to be elected  thereat  and  their  terms  of  office,  and  the  hours  during  which  the  polls will be open for the  receipt of ballots. The secretary of such fire  district  shall  prepare  the  ballots  for  all elections of fire district officers and the polls  shall remain open for the receipt  thereof  at  all  elections  of  fire  district  officers from six o'clock in the evening until nine o'clock in  the evening and such additional consecutive hours prior thereto  as  the  board  of  fire  commissioners  of such district may have determined and  specified in the notice thereof. The board of fire  commissioners  shall  designate  a  resident  fire district elector, who shall be a registered  voter of the town, to act as chairman of any election of  said  district  and  shall  designate not less than two nor more than four resident fire  district electors, who shall be registered voters of the town to act  as  election  inspectors  and  ballot  clerks at such elections. No elective  officer of the fire district shall serve  as  such  chairman  or  as  an  election  inspector or ballot clerk. The board of fire commissioners may  adopt a resolution providing that such chairman, election inspectors and  ballot clerks shall be paid for their respective services  at  any  such  annual  election  or  at any special election of the fire district. Such  resolution, if adopted, shall fix the amount of  such  compensation,  as  follows:  if  the  hours  during  which  the  polls will be open for the  receipt of ballots are from  six  o'clock  in  the  evening  until  nine  o'clock in the evening, a sum not to exceed thirty-five dollars for each  such  official;  if additional consecutive hours prior to six o'clock in  the evening are determined and specified in the notice  of  election,  a  sum not to exceed fifty dollars for each such official.    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  registered 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.    3.  Every  fire district commissioner, treasurer and secretary must at  the time of his election or  appointment  and  throughout  his  term  of  office  be  a  resident of such fire district. Membership in a volunteer  fire company shall not disqualify any such fire  district  commissioner,  treasurer  or secretary. A person who has been convicted of arson in any  degree shall not be eligible for election or appointment to  the  office  of fire district commissioner, treasurer or secretary. Any fire district  commissioner,  treasurer  or  secretary who is convicted of arson in anydegree during his term of office shall be disqualified  from  completing  such term of office.    4.  There shall be conspicuously placed, by the resident fire elector,  distance markers at a distance of one  hundred  feet  from  the  polling  place.  Such  distance markers shall be so placed at least one-half hour  before the opening of the polls and shall remain until  such  polls  are  closed.  The  one hundred foot distance shall be deemed to include a one  hundred foot radial measured  from  the  entrances,  designated  by  the  resident  fire elector, to a building where such election is being held.  While the polls are open no person shall do  any  electioneering  within  the  polling  place, or in any public street within the one hundred foot  radial, or within such distance in any place  in  a  public  manner.  No  electioneering  banner,  button,  poster  or  placard on behalf of or in  opposition to any candidate or issue to be voted upon shall  be  allowed  in  or  upon the polling place or within such one hundred feet therefrom  during the election. Any person who willfully violates the provisions of  this subdivision shall be guilty of a misdemeanor.    5. All official ballots  shall  remain  in  the  custody  of  election  inspectors  within the polling place from the opening of the polls until  the announcement of the result of the canvass and  the  signing  of  the  inspectors'  returns  thereof. After the polls shall have been closed at  any election held for the election of fire district officers or to  vote  upon  a  proposition,  the  election  inspectors and ballot clerks shall  immediately canvass publicly the ballots cast and the  chairman  of  the  election  shall  publicly  announce the result. Within seventy-two hours  thereafter, the chairman, election inspectors and  ballot  clerks  shall  execute  and  file  a  certificate of the result of the canvass with the  board of fire commissioners and with the town  clerk  of  each  town  in  which said district or any part thereof may be located.    6.  If  in  any  fire  district the number of voters is so great as to  render it inexpedient or impossible  to  conduct  the  election  at  one  polling  place,  the  board  of  fire  commissioners may divide the fire  district into election districts and provide a polling  place  for  each  such  election  district, provided, however, that the number of election  districts in any fire district shall not exceed one for each six hundred  electors plus one for a remaining  fraction  of  six  hundred.  In  such  event,  the  notice  specified  in subdivision one of this section shall  describe the election districts and state where the polling places  will  be located, and the board of fire commissioners shall designate not less  than  two  nor more than four resident fire district electors, who shall  be registered voters of the town, to  act  as  election  inspectors  and  ballot  clerks  at  each  such polling place. The board of fire district  commissioners may  adopt  a  resolution  providing  that  such  election  inspectors and ballot clerks shall be paid for their respective services  at  any  such  annual  election  or  at any special election of the fire  district. Such resolution, if adopted, shall  fix  the  amount  of  such  compensation  as  follows:  if  the hours during which the polls will be  open for the receipt of ballots are from  six  o'clock  in  the  evening  until  nine  o'clock  in  the  evening,  a sum not to exceed thirty-five  dollars for each such official; if additional consecutive hours prior to  six o'clock in the evening are determined and specified in the notice of  election, a sum not to exceed fifty dollars for each such  official.  No  elective  officer  of  the  fire  district  shall  serve  as an election  inspector or ballot clerk.