New York Consolidated Laws, Town Law - TWN § 91. Referendum on petition




Any such resolution or act of the town board as set forth in the preceding section shall not take effect until thirty days after its adoption;  nor until approved by the affirmative vote of a majority of the qualified electors of such town or district affected, voting on such proposition, if within thirty days after its adoption there be filed with the town clerk a petition signed, and acknowledged or proved, or authenticated by electors of the town qualified to vote upon a proposition to raise and expend money, in number equal to at least five per centum of the total vote cast for governor in said town at the last general election held for the election of state officers, but which shall not be less than one hundred in a town of the first class nor less than twenty-five in a town of the second class, protesting against such act or resolution and requesting that it be submitted to the qualified electors of the town or district affected, for their approval or disapproval.  If such petition be so filed not more than seventy-five days nor less than sixty days prior to a biennial town election, a proposition for the approval of such act or resolution shall be submitted at such biennial town election.  If a petition be so filed at any other time, a proposition for the approval of such act or resolution shall be submitted at a special town election to be held not less than sixty nor more than seventy-five days after the filing of such petition.  The petition may be made upon separate sheets and the signatures to each sheet shall be authenticated in the manner provided by the election law for the authentication of nominating petitions.  The several sheets so signed and authenticated when fastened together and offered for filing shall be deemed to constitute one petition.  If, within five days after the filing of such petition, a written objection thereto be filed with the town clerk, and a verified petition setting forth the objections be presented by the person so filing such objections to the supreme court or any justice thereof of the judicial district in which such town is located, such court or justice within twenty days shall determine any question arising thereunder and make such order as justice may require.  Such proceeding shall be heard and determined in the manner prescribed by section 16-116 of the election law .





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