General Municipal Law 758 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 757 Initiative of electors seeking consolidation up TITLE 2 Consolidation of Local Government Entities next SECTION 759 Canvassing of vote; moratorium on further referendum Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 758 Conduct of referendum General Municipal (GMU) CHAPTER 24, ARTICLE 17-A, TITLE 2 § 758. Conduct of referendum. 1. A referendum required by sections seven hundred fifty-five or seven hundred fifty-seven of this title shall be placed before the electors of each of the local government entities to be consolidated at a special election to be held not less than sixty or more than ninety days after the enactment of a resolution calling for such referendum, provided, however, that in cases where a town or village general election falls within such period, the question may be considered during a town or village general election. 2. The referendum may be held in each local government entity on the same day, or on different days, however, not more than twenty days apart. 3. Notice of the referendum shall be given to the electors of each local government entity to be consolidated by publication in a newspaper having a general circulation within the boundaries of each 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 joint consolidation agreement or petition for consolidation, as the case may be; (b) a statement as to where may be examined a copy of the resolution and joint consolidation agreement or petition for consolidation, as the case may be; (c) the names of the local government entities to be consolidated and a description of their territory; (d) with respect to a resolution calling for a referendum under section seven hundred fifty-five of this title only, the name of the proposed consolidated local government entity; (e) the time and place or places at which the referendum will be held; and (f) 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. 4. The referendum question placed before the electors of each local government entity to be consolidated shall be in a form reading substantially as follows: "Shall (insert type and name of local government entity) be consolidated with (insert type and name of local government entity or entities)? YES ____ NO ____" 5. In any referendum held pursuant to this title, each local government entity to be consolidated shall bear only the costs of holding such referendum in its respective entity and shall not be required to bear the costs of a referendum held in any other entity. 6. 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 entities to be consolidated.