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N.Y. Town Law § 85

Ward system for election of council members

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2023
As of January 1, 2015
§ 85. Ward system for election of councilmen. 1. Whenever a\nproposition shall have been adopted in a town of the first class for the\nestablishment of the ward system and the election thereafter of one\ncouncilman from each ward, the board of elections of the county in which\nsuch town is situate shall divide the town into four wards and fix the\nboundaries thereof, unless a proposition shall have been adopted to\nincrease the number of councilmen from four to six, in which instance,\nthe board of elections shall divide the town into six wards and fix the\nboundaries thereof. In so dividing the town into wards, no town election\ndistrict shall be divided and no election district thereafter created\nunder the election law shall contain parts of two or more wards. So far\nas possible the division shall be so made that the number of voters in\neach ward shall be approximately equal. When the board of elections\nshall have finally determined the boundaries of the wards, they shall\ncause a map of the town to be prepared showing in detail the location of\neach ward and the boundaries thereof. The original map so made shall be\nfiled in the office of the town clerk and copies thereof shall be filed\nin the offices of the county clerk and the board of elections of the\ncounty. The ward system shall be deemed established after such filing is\ncomplete. After a ward system shall have been so established, the term\nof office of every town councilman shall terminate on the thirty-first\nday of December next succeeding the first biennial town election held\nnot less than one hundred twenty days after the establishment of such\nward system, and at such biennial town election, and every biennial town\nelection thereafter, one resident elector of each ward shall be elected\nas councilman therefrom for a term of two years beginning on the first\nday of January next succeeding such election.\n 2. The ward system may be abolished upon the adoption of a proposition\ntherefor at any special or biennial town election. At the first biennial\ntown election held at least one hundred twenty days after the adoption\nof a proposition to abolish the ward system for election of councilmen,\nthe electors of the town shall elect one-half of the total number of\ntown councilmen for the term of two years each and one-half of the total\nnumber of town councilmen for the term of four years each. At each\nbiennial town election held thereafter there shall be elected one-half\nof the total number of town councilmen for the term of four years each.\nThe terms of all such councilmen shall begin on the first day of January\nnext succeeding the date of their election.\n
§ 85. Ward system for election of council members. 1. Whenever a\nproposition shall have been adopted in a town of the first class for the\nestablishment of the ward system and the election thereafter of one\ncouncil member from each ward, the board of elections of the county in\nwhich such town is situate shall divide the town into four wards and fix\nthe boundaries thereof, unless a proposition shall have been adopted to\nincrease the number of council members from four to six, in which\ninstance, the board of elections shall divide the town into six wards\nand fix the boundaries thereof. In so dividing the town into wards, no\ntown election district shall be divided and no election district\nthereafter created under the election law shall contain parts of two or\nmore wards. So far as possible the division shall be so made that the\nnumber of voters in each ward shall be approximately equal. When the\nboard of elections shall have finally determined the boundaries of the\nwards, they shall cause a map of the town to be prepared showing in\ndetail the location of each ward and the boundaries thereof. The\noriginal map so made shall be filed in the office of the town clerk and\ncopies thereof shall be filed in the offices of the county clerk and the\nboard of elections of the county. The ward system shall be deemed\nestablished after such filing is complete. After a ward system shall\nhave been so established, the term of office of every town council\nmember shall terminate on the thirty-first day of December next\nsucceeding the first biennial town election held not less than one\nhundred twenty days after the establishment of such ward system, and at\nsuch biennial town election, and every biennial town election\nthereafter, one resident elector of each ward shall be elected as\ncouncil member therefrom for a term of two years beginning on the first\nday of January next succeeding such election.\n 2. The ward system may be abolished upon the adoption of a proposition\ntherefor at any special or biennial town election. At the first biennial\ntown election held at least one hundred twenty days after the adoption\nof a proposition to abolish the ward system for election of council\nmembers, the electors of the town shall elect one-half of the total\nnumber of town council members for the term of two years each and\none-half of the total number of town council members for the term of\nfour years each. At each biennial town election held thereafter there\nshall be elected one-half of the total number of town council members\nfor the term of four years each. The terms of all such council members\nshall begin on the first day of January next succeeding the date of\ntheir election.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.