1984-10-09 SP 257
SPECIAL TOWN BOARD MEETING
OCTOBER 9, 1984 3:54 P.M.
TOWN BOARD MEMBERS
Mrs. Frances Walter-Supervisor
Mr. Daniel Olson-Councilman
Dr. Charles Eisenhart-Councilman
Mr. Daniel Morrell-Councilman
Mrs. Betty Monahan-Councilman
Mr. Wilson Mathias-Town Counsel
PLEDGE OF ALLEGIANCE LED BY Deputy Town Clerk Darleen Dougher
PRESS: Glens Falls Post Star, WBZA
GUESTS: Mr. Robert Clark, Mr. Sheridan Usher, Mr. Allen Hoag
Supervisor Walter-The purpose of our Special Meeting to discuss and possibly
act on the petitions that were received by the Town Clerk on September 26th,
1984 and presented to the Town Board on October 2nd. 1984. We are meeting
within the legal time frame set forth in the New York State Election Law.
We are, as of this afternoon, in receipt of an opinion by James Cantwell, Esq.
from Albany, N.Y. who was retained for the purpose of reviewing the legality
of the petition and the time the petitions were given to the Town Clerk. (Asked
that the letter be read into the minutes)
October 9, 1984
Members of Town Board
Town of Queensbury
Queensbury Town Office Building
Bay and Haviland Roads R.D.1
Glens Falls, New York 12801
Dear Members of the Town Board:
You have asked my opinion as to whether or not a petition filed with
the Queensbury Town Clerk on September 26, 1984 is valid and, if so, whether
the proposition may be submitted to the voters at the General Election on
November 6, 1984.
The petition appears on its face to have the requisite number of signatures
and to be in sufficient form for filing with the Town Clerk.
The petition may have certain defects. For example, it contains
extraneous information in that it attempts to set the date for submission of
the proposition to the voters. Also, I have not reviewed the qualifications
of each signer and subscribing witness to determine whether he or she was
qualified to sign. However, such possible deficiencies in the petition are
generally not considered unless the petition has been challenged pursuant to
the provisions of the Town Law and the Election Law.
Although the petition purports to set the date for submission to
the voters to coincide with the General Election on November 6, 1984, the
proposition must be submited in accordance with Town Law Section 81.
Town Law Section 81 Subdivision 4 provides, in part, that "...[I]f
such a petition be filed in the office of the Town Clerk not less than thirty
days, nor more than forty-five days, prior to a biennial town election, the
proposition shall be submitted at such biennial election. If a petition be
_ presented at any other time, a special election shall be called to be held not
less than thirty days, nor more than forty days after the filing of such petition."
Town Law Section 80 provides, in part, that "...a biennial town
election... shall be held on the Tuesday next succeeding the first Monday
in November of every odd-numbered year. All other town elections are special
elections."
The General Election scheduled for November 6, 1984 is not a
2�$
biennial election and therefore, if the petition is valid, the proposition must
be submitted at a special election on a date set by the Town Board not less
than thirty days nor more than forty days after the petition was filed. Since
the petition was filed on September 26, 1984, the proposition may only validly
be submitted to the voters at an election held not earlier than October 26,
1984, and not later than November 5, 1984.
The Warren County Board of Elections has advised that because
of necessary preparations for the General Election to be held on November
6, 1984, voting machines, poll registration records and other election material
would not be available for a special election held during this period. In my
opinion, it would be exceedingly difficult, if not impossible, to conduct an
election in a town the size of Queensbury without voting machines and poll
registration records.
Unfortunately, the filing of the petition during this period
immediately prior to the November General Election may make it impossible
to submit the proposition 'to the voters in accordance with the law.
Nevertheless, since the statute mandates the time period within which a special -�
election must be held, if the proposition is submitted at any other time it may
well be subject to legal challenge.
Accordingly, I conclude that even though it may not be possible
for the proposition to be submitted to the voters during the statutorily required
time period, Town Law Section 81 does not authorize or permit the submission
of the proposition at the General Election this November, nor may the Town
Board set November 6, 1984 as the date for the Special Election.
If you have additional questions or would like clarification of any
part of this opinion, I would be pleased to meet with you at your convenience.
Very Truly Yours,
Dudley, Cantwell & McCale
/s/
James B. Cantwell
JBC/kmh
Supervisor Walter-Noted that Mr. Cantwell is not present at this meeting.
Councilman Eisenhart- If I read this correctly, the law would say that we have
to set it no sooner than the 26th of this month and no later than the 5th of
November. Because of the General Election coming up on the 6th, we cannot
do this. Therefore as I understand, we have to wait and deal with this another
year or another time. In otherwords, they have to resubmit the petition.
Supervisor Walter- That is what the letter is saying.
Town Counsel- That is correct. They would have to resubmit another petition.
Councilman Eisenhart-They would have to submit it sometime before our biennial
election which is next November, or any time during the biennial year.
Councilman Olson- The letter states that it would be impossible and illegal
to submit this. We cannot get it on the ballot this November.
Councilman Monahan-The timing is different, depending on which way it is
done, biennial election is different than at a special election.
Supervisor Walter- Had the petitioners submitted in July...
Councilman Monahan- There could have been a special election.
Supervisor Walter- I will ask for a motion. We have had the petitions submitted
to the Town Clerk, they have been transferred to the Town Board. We should
take some kind of action as' to what the Board wishes to do with these petitions.
What ever the motion is, I would ask that it be transmitted to the Board of
Elections before 5 P.M. this afternoon.
Councilman Morrell- Is there any provision for asking for an extension?
259
Town Counsel, Wilson Mathias-I do not think that you can, you have to have
it within the time frame....
RESOLUTION REGARDING WARD SYSTEM
RESOLUTION NO. 241, Introduced by Dr. Charles Eisenhart, who moved for
its adoption, seconded by Mr. Daniel Olson:
RESOLVED, that based upon the advice of James B. Cantwell, Esq. Special
Counsel to the Board, as described in his letter to the Board dated 10-9-84,
the Town Board shall notify the Warren County Board of Elections that the
proposition contained in the petitions filed with the Town on 9-2644 shall
not be certified to the County Board of Elections for the General Election
on November 6, 1984.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
Councilman Morrell-Do the petitions go back to the individuals that submitted
them?
Town Clerk- They are Town Records now and are on file.
Councilman Morrell-Everthing would have to be done over again?
Town Counsel, Wilson Mathias- I think so...
Councilman Morrell- I am asking for a point of information for the people
who submitted the petitions, so they will not make the same mistake again.
Supervisor Walter-Announced that a regular meeting of the Town Board will
be held tonight at 7:30 P.M.
On motion the meeting was adjourned.
Respectfully submitted,
/s/
Donald A. Chase, Town Clerk
Town of Queensbury