§ 757. Initiative of electors seeking consolidation. 1. The electors
of two or more local government entities may commence a consolidation
proceeding by filing an original petition, containing not less than the
number of signatures provided for in subdivision two of this section and
in the form provided for in subdivision three of this section, with the
clerk of the town in which the entities or the greater portion of their
territory are located, except that if one or more of the entities to be
consolidated is a village the original petition of electors from the
village shall be filed with the clerk of the village. Accompanying the
filed petition shall be a cover sheet containing the name, address and
telephone number of an individual who signed the petition and who will
serve as a contact person.
2. The petition shall contain the signatures of at least ten percent
of the number of electors or five thousand electors, whichever is less,
in each local government entity to be consolidated; provided, however,
that where the local government entity to be consolidated contains five
hundred or fewer electors, the petition shall contain the signatures of
at least twenty percent of the number of electors. No signature on a
petition is valid unless it is the original signature of an elector.
3. The petition shall substantially comply with, and be circulated in,
the following form:
PETITION FOR LOCAL GOVERNMENT CONSOLIDATION
We, the undersigned electors and legal voters of (insert type of local
government entity - e.g., town, village or district) of (insert name of
local government entity), New York, qualified to vote at the next
general or special election, respectfully petition that there be
submitted to the electors and legal voters of (insert type and name of
local government entities proposed to be consolidated), for their
approval or rejection at a referendum held for that purpose, a proposal
to consolidate (insert type and name of local government entity) with
(insert type and name of local government entity or entities).
In witness whereof, we have signed our names on the dates indicated
next to our signatures.
Date Name - print name under signature Home Address
1. _____ _________________________________ ____________
2. _____ _________________________________ ____________
3. _____ _________________________________ ____________On the bottom of each page of the petition, after all of the numbered
signatures, insert a signed statement of a witness who is a duly
qualified elector of the state of New York. Such a statement shall be
accepted for all purposes as the equivalent of an affidavit, and if it
contains a material false statement, shall subject the person signing it
to the same penalties as if he or she has been duly sworn. The form of
such statement shall be substantially as follows:
I, (insert name of witness), state that I am a duly qualified voter of
the state of New York. Each of the persons that have signed this
petition sheet containing (insert number) signatures have signed their
names in my presence on the dates indicated above and identified
themselves to be the same person who signed the sheet. I understand that
this statement will be accepted for all purposes as the equivalent of an
affidavit, and if it contains a materially false statement, shall
subject me to the penalties of perjury.
_________________ _________________________________
Date Signature of Witness)In lieu of the signed statement of a witness who is a duly qualified
voter of the state of New York, the following statement signed by a
notary public or a commissioner of deeds shall be accepted:
On the date indicated above before me personally came each of the
electors and legal voters whose signatures appear on this petition sheet
containing (insert number) signatures, who signed the petition in my
presence and who, being by me duly sworn, each for himself or herself,
identified himself or herself as the one and same person who signed the
petition and that the foregoing information they provided was true.
_________________ _________________________________
Date Notary Public or Commissioner of Deeds)
4. An alteration or correction of information appearing on a
petition's signature line, other than an un-initialed signature and
date, shall not invalidate such signature.
5. In matters of form, this section shall be liberally construed, not
inconsistent with substantial compliance thereto and the prevention of
fraud.
6. Within ten days of the filing of the petition seeking consolidation
pursuant to subdivision one of this section, the clerk with whom the
petition was filed shall make a final determination regarding the
sufficiency of the number of signatures on the petition and provide
timely written notice of such determination to the contact person named
in the cover sheet accompanying the petition. The contact person or any
individual who signed the petition may seek judicial review of such
determination in a proceeding pursuant to article seventy-eight of the
civil practice laws and rules.
7. Upon the clerk's determination that the petition contains not less
than the number of signatures of electors required in subdivision two of
this section, the governing body or bodies of the local government
entities to be consolidated shall, no later than thirty days thereafter,
enact a resolution in accordance with subdivision two of section seven
hundred fifty-five of this title calling for a referendum on the
proposed consolidation by the electors in each of the entities and set a
date for such referendum.
