To fill the vacancies created by the increase in size of the Town Board
from four to six members in 1975 at the biennial election for Town offices
held in 1975, four Town Councilmen shall be deemed to have been elected for
terms of four years each commencing January 1, 1976.
At the biennial election for 1977, two Town Councilmen shall be elected
each for a term of four years. The term of each such Councilman shall begin
on January 1, 1978.
At the biennial Town election in 1979, four Town Councilmen shall be
elected, three for a term of four years each and one for a term of two years.
The term of office of each such Councilman shall begin January 1, 1980.
At the biennial Town election in 1981, and at each biennial Town election
thereafter, three Town Councilmen shall be elected, each for a term of four
years. The term of office of each such Councilman shall begin on the first
day of January succeeding the election at which he or she was elected.
At any Town election at which there are vacancies for the same office
but differing terms, and there is a failure to designate which candidate is
running for which term, or an erroneous designation that all are running for
the longest term, the candidate or candidates eligible for office receiving
the highest number of votes shall be deemed elected to the longest term, the
candidate or candidates receiving the next highest number of votes shall be
deemed elected to the next longest term and so on to the end; and the inspectors
of election shall count the ballots and certify the results accordingly.
If any provision of this chapter or the application thereof to any person
or circumstance shall be adjudged invalid by a court of competent jurisdiction,
such order or judgment shall be confined in its operation to the controversy
in which it was rendered, and shall not affect or invalidate the remainder
of any provision of any section of this chapter or the application of any
part thereof to any other person or circumstance and to this end the provisions
of each section of this chapter are hereby declared to be severable.
This chapter supersedes the provisions of § 87 of the Town
Law which apply to the manner of election of Town Councilmen following the
adoption of the procedures provided for in such section for the increase of
Town Councilmen from four to six.
This chapter shall take effect immediately and shall apply so as to
validate any election held prior to its effective date.
This chapter is subject to a mandatory referendum and shall be submitted
to the voters at a special election, in compliance with applicable requirements
of the Municipal Home Rule Law, § 23, to be held at such time and
places, in accordance with the provisions and directions to be adopted by
the Town Board at a regular, special or adjourned meeting.