§ 759. Canvassing of vote; moratorium on further referendum. 1. In any referendum held pursuant to this title, the ballots cast shall be counted, returns made and canvassed and results certified in the same manner as other municipal elections or referendums for the local government entities to be consolidated.

Terms Used In N.Y. General Municipal Law 759

  • Consolidation: shall mean either (a) the combination of two or more local government entities resulting in the termination of the existence of each of the entities to be consolidated and the creation of a new entity which assumes jurisdiction over all of the terminated entities, or (b) the combination of two or more local government entities resulting in the termination of the existence of all but one of the entities which shall absorb the terminated entity or entities. 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. Consolidation shall not take effect unless a majority of the electors voting in each local government entity to be consolidated vote in favor of consolidation. If in any one of the entities such a majority vote does not result, the referendum shall fail and consolidation shall not take effect.

3. If consolidation is approved by a majority of the electors voting in each local government entity to be consolidated, certificates of such result shall be immediately filed with the secretary of state and with the clerks of the entities and county in which any part of the entities is situated.

4. If the referendum shall fail, the consolidation process specified by this title shall not be initiated for the same purpose within four years of the date of such referendum. This subdivision, however, does not apply to a permissive referendum conducted pursuant to section seven hundred sixty-three of this title.

  Previous section
Next section  
 Title 2 Contents