N.Y. General Municipal Law 780 – Conduct of referendum
§ 780. Conduct of referendum. 1. A referendum on a proposed dissolution required by sections seven hundred seventy-seven or seven hundred seventy-nine of this title shall be placed before the electors in the local government entity to be dissolved at a special election to be held not less than sixty or more than ninety days after the enactment of a resolution calling for the referendum, provided, however, that in cases where a town or village general election falls within such period, the referendum question may be considered during a town or village general election.
Terms Used In N.Y. General Municipal Law 780
- Dissolution: shall mean the termination of the existence of a local government entity. See N.Y. General Municipal Law 750
- Dissolution plan: shall mean a written document that contains terms and information regarding the dissolution of a local government entity and that has been finalized and approved by such entity's governing body pursuant to this article. See N.Y. General Municipal Law 750
- entity: shall mean a town, village, district, special improvement district or other improvement district, including, but not limited to, special districts created pursuant to articles eleven, twelve, twelve-A or thirteen of the town law, library districts, and other districts created by law; provided, however, that a local government entity shall not include school districts, city districts or special purpose districts created by counties under county law. See N.Y. General Municipal Law 750
- Referendum: shall mean a vote seeking approval by a majority of electors of a local government entity or entities voting on a question of consolidation or dissolution placed on the ballot by initiative. See N.Y. General Municipal Law 750
2. Notice of the referendum shall be given to the electors of the local government entity to be dissolved by publication in a newspaper having a general circulation within the boundaries of the entity at least once a week for four consecutive weeks immediately prior to the referendum. The notice shall include, but not be limited to:
(a) a summary of the contents of the resolution and dissolution plan or petition for dissolution, as the case may be;
(b) a statement as to where may be examined copies of the resolution and dissolution plan or petition for dissolution, as the case may be;
(c) the name of the local government entity to be dissolved and a statement fully describing its territory;
(d) the time and place or places at which the referendum will be held; and
(e) such other matters as may be necessary to call, provide for and give notice of the referendum and to provide for the conduct thereof and the canvass of the returns thereupon.
3. The referendum question placed before the electors of the local government entity to be dissolved shall be in a form reading substantially as follows:
"Shall (insert type and name of local government entity) be dissolved?
YES ____
NO ____"
4. In any referendum held pursuant to this title, the local government entity to be dissolved shall bear the costs associated with the conduct of such referendum.
5. In any referendum held pursuant to this title, and except as otherwise specified herein, the referendum shall be conducted in the same manner as other municipal elections or referendums for the local government entity affected by the proposed dissolution.