Town of Clay, NY
Onondaga County
[HISTORY: Adopted by the Town Board of the Town of Clay as indicated in article histories. Amendments as indicated in article histories.]

ARTICLE I
Ward System (§ 19-1 — § 19-11) 

[Adopted 8-4-1980 by L.L. No. 1-1980]

§ 19-1
Title. 

§ 19-2
Legislative intent. 

§ 19-3
Authority. 

§ 19-4
Definitions. 

§ 19-5
Limitations. 

§ 19-6
Requirements of petition. 

§ 19-7
Submission of proposition for election. 

§ 19-8
Adoption of ward system. 

§ 19-9
Adoption of proposition abolishing ward system. 

§ 19-10
Amending and superseding of Town Law. 

§ 19-11
Operative date. 

§ 19-1 Title.

This article shall be known and may be cited as "A Local Law for the Election Upon a Proposition to Establish or Abolish the Ward System for the Election of Councilpersons in the Town of Clay."

§ 19-2 Legislative intent.

The purpose of this article is to provide that any proposition, either proposed by the Town Board on its own motion or upon petition submitted by town electors for the establishment or abolishment of the ward system for the election of Councilpersons in the Town of Clay, be voted upon at a general election held on the Tuesday next succeeding the first Monday in November in any year that such a proposition is submitted, instead of calling a special election within a specified time period or submitting said proposition at a biennial town election, thus amending and superseding in part certain sections of the Town Law of the State of New York.

§ 19-3 Authority.

This article has been adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York and specifically § 10, Subdivision 1, Paragraph (d), Subparagraph [3], thereof.

§ 19-4 Definitions.

As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:

GENERAL ELECTION
Any national, state, county or town election, including biennial town election that is held on the Tuesday next succeeding the first Monday in November in any year.
PETITION
A petition subscribed and acknowledged by electors of the Town of Clay qualified to vote upon a proposition and authenticated as provided in Article 6 of the Election Law of the State of New York.
QUALIFIED TOWN ELECTOR
A person who is qualified to vote on a proposition at a general election in the town pursuant to the provisions of §§ 5-100 and 5-102 of the Election Law of the State of New York and § 84 of the Town Law of the State of New York.

§ 19-5 Limitations.

This article only pertains to a proposition to establish or abolish the ward system for the election of Councilpersons in the Town of Clay, and in no way limits or restricts the procedures for the election of any other proposition as set forth in § 81 of the Town Law, or any other general law or statute of the State of New York.

§ 19-6 Requirements of petition.

A petition shall be subscribed and authenticated in the manner provided by the Election Law for the authentication of designating petitions by electors of the town qualified to vote upon a proposition at a general election in numbers equal to 5% of the total votes cast for governor in the Town of Clay at the last general election held for the election of state officers, but such number shall not be less than 100.

§ 19-7 Submission of proposition for election.

If such a proposition is submitted by the Town Board upon its own motion, or in the event a petition be filed in the office of the Town Clerk not less than 45 days prior to a general election held in the town, the proposition shall then be submitted at such general election. If such proposition is submitted by the Town Board upon its own motion, or in the event a petition be filed less than 45 days prior to a general election in the town, the proposition shall then be submitted at the general election held in the town the next succeeding year.

§ 19-8 Adoption of ward system.

Once a proposition to adopt the ward system in the Town of Clay has been duly submitted and voted upon favorably at a general election, the provisions of § 85, Subdivision 1, of the Town Law shall be applicable.

§ 19-9 Adoption of proposition abolishing ward system.

Once a proposition abolishing the ward system in the Town of Clay has been adopted, the provisions of § 85, Subdivision 2, of the Town Law of the State of New York shall be applicable.

§ 19-10 Amending and superseding of Town Law.

Pursuant to the authority of the Municipal Home Rule Law, § 10, Subdivision 1, Paragraph (d), Subparagraph [3], the following provisions of Town Law are amended and superseded by this article in its application to the Town of Clay:

A. 

Section 80, Biennial town elections, is superseded by this article to the extent that said section is applicable to a proposition to establish or abolish the ward system for the election of Councilpersons in the Town of Clay.

B. 

Section 81, Election upon proposition, is superseded by this article by deleting Subdivision 2, Paragraph (b), "To establish or abolish the ward system for the election of councilmen in towns having four or six councilmen," from the provisions of said section.

C. 

Section 85, Ward system for election of Councilmen, is superseded by this article by deleting the first sentence of Subdivision 2 thereof, "The ward system may be abolished upon the adoption of a proposition therefor at any special or biennial town election."

§ 19-11 Operative date.

This article shall be operative as to any petition pending prior to the effective date hereof.