Fire District Elections (Including Absentee Ballots)

• Author: Raymond S. DiRaddo
• Pages: 131-164

Chapter 3

Fire District Elections

(Including Absentee Ballots)

§3:10 New York Fire District Officers’ Guide 3-2

§3:10 ANNUAL FIRE DISTRICT ELECTIONS FOR COMMISSIONER

Two of the primary responsibilities of a board of fire commissioners are, first, to be sure that a proper and

legal election for fire commissioners is held each year and, second, to ensure that when an action of the board of

fire commissioners requires a special election, a special election is done in a proper and legal manner.

§3:10.1 DATE OF ANNUAL ELECTION

The annual fire district election must be held on the second Tuesday in December. Unless there is special leg-

islation pertaining to your district, the annual election can never be held on any other date. Town Law §175 (1).

§3:10.2 LEGAL NOTICE OF ANNUAL ELECTION

The qualified electors in the fire district must be notified of the date of the annual election by an appropriate

legal notice. Town Law §175 (1). This notice must clearly state the date of the election and the place where the

election will be held. It must also specify the offices to be filled, the term of such offices and the hours during

which the polls will be open. In addition, if the board of fire commissioners requires a petition to be filed to have

a name placed on the ballot, the legal notice must so state (See Form 3-1).

§3:10.3 DATES FOR PUBLICATION OF

THE NOTICE OF ELECTIONS

The legal notice must be published once in the official newspaper of the Fire District not less than 27 days

and not more than 34 days before the second Tuesday in December. To determine the correct dates for this pub-

lication, you must first determine the Election Day, which occurs annually on the second Tuesday in December.

For example, in 2011, the second Tuesday is December 13th. Then begin counting back 27 days starting with

December 12th. Twenty-seven days before December 13th is November 16th and 34 days before December 13th

is November 9th. The legal notice for the 2011 annual fire district election must be published no earlier than

November 9th and no later than November 16th. Only one publication is required. There are now requirements

that the legal notice must also be posted. Town Law §175 (1).

§3:10.4 POSTING OF THE NOTICE OF ELECTION

§3:10.4.1 WEBSITE POSTING

In addition to the publication requirement, the Fire District Secretary must post the notice of any upcoming

general or special election on the fire district website, if one exists. This notice of election must be posted on the

website for at least 15 days prior to, and no sooner than 20 days before, such election.

§3:10.4.2 SIGNBOARD POSTING

A further posting requirement exists if the fire district maintains a signboard. If one is maintained, a copy of

the notice of election must also be posted on the signboard. Town Law §175-c (1).

§3:10.4.3 POSTING ON THE TOWN OR VILLAGE WEBSITE

The Fire District Secretary is also required to send the notice of election to the Town or Village Clerk for post-

ing on the website of any town or village located within the geographic boundaries of the district, or any town or

fire district with which the district contracts. This website posting is only required if such a website exists. This

posting must occur at least 15 days prior to, but no sooner than 20 days before, the election.

§3:10.4.4 POSTING ON THE TOWN CLERK’S SIGNBOARD—TOWN LAW §30(6)

The Town Clerk is now required to post a copy of the notice of election on the Town Clerk’s bulletin board in

his or her office, and on the Town signboard maintained according to Town Law §30 (6). The Town Clerk shall

cooperate with the fire district to ensure the timely notification of the upcoming hearing or election.

3-3 Fire District Elections (Including Absentee Ballots) §3:10.5

§3:10.5 PLACE OF ELECTION

The polling place must be located within the fire district. If the number of registered voters in a fire district

exceeds 600 and it has become very difficult to conduct the election at one polling place, the board of fire commis-

sioners may divide the fire district into election districts and provide a polling place for each election district. The

number of election districts cannot exceed one for each 600 qualified registered voters, plus one for a remaining

fraction of 600. If it is determined that there will be more than one election district, the legal notice must clearly specify

the various election districts and where the polling places will be located. Town Law §175 (5).

§3:10.6 POLLING HOURS

The polling place or places must be open between the hours of 6:00 p.m. and 9:00 p.m. on the evening of the second

Tuesday in December. The board of fire commissioners may specify additional hours prior to 6:00 p.m. if it is felt that

more than three hours are needed for voting. Such additional hours must be scheduled immediately preceding 6:00 p.m.

so that once the polls are open, they will not close until 9:00 p.m. There can be no break in voting hours. At 9:00 p.m.,

the polls must close and no additional time can be added, except if there are voters in line waiting to vote at 9:00 p.m. In

that case, the polls will continue to be open until those voters have the opportunity to ballot. If the board of fire commis-

sioners decides on additional hours prior to 6:00 p.m., the legal notice must clearly set forth the extra hours the poll or

polls will be open. Town Law §175 (1).

§3:10.7 BALLOTS

The fire district secretary prepares the ballots in all fire district elections. The ballots may be paper, or voting

machines can be used. The ballots must contain the names of the candidates and, in addition, the ballots must provide

proper blank spaces for each office to be filled at such election.

§3:10.7.1 WRITE-IN BALLOTS

The ballots prepared for the election of fire district officers by the secretary shall specify the names of the candi-

dates duly filed. In addition, the ballot must contain proper blank spaces for each office to be filed at each election.

Therefore, every ballot for the election of a fire district commissioner must contain proper spaces for write-in candi-

dates. Town Law §176 (7), Opinion of the Attorney General No. 97-45.

Ballots prepared for the election of fire district officers shall specify the names of the candidates properly filed

with the fire district treasurer. In addition, the ballot must provide blank spaces for each office to be filled at each

election. Accordingly, in each election there must be proper spaces for write-in candidates. Town Law §176 (7),

Opinion of the Attorney General No. 97-45.

Accordingly, a fire district may not establish a policy that will not provide for write-in ballots, even though the

fire district’s election process states that you need a certain number of qualified voters to be placed on the ballot.

§3:10.7.1.1 NAMES MUST NOT APPEAR ON THE PRINTED BALLOT

Write-in ballots are ballots voted for any person whose name does not appear on the machine as a nominated or

designated candidate for public office. Election Law §8-308 (1).

§3:10.7.1.2 LOCATION OF WRITE-IN ON VOTING MACHINE

Write-in ballots should not be counted for any person for any office whose name appears on the machine as a

nominated or designated candidate for the office or position in question. Election Law §8-308 (2). Accordingly, it is

an error to validate a write-in ballot for a public office when the ballot was cast in a column designated for a differ-

ent position.

Election Law §8-308 (2) states that a write-in ballot must be cast in its appropriate place on the machine, or it

shall be void and not counted. Haynie v. Mahoney, 48 N.Y.2d 718 (1979). A write-in ballot shall be void and not

counted if it is not cast in its appropriate place on the machine. Election Law §8-308 (3).Therefore, it is an error to

validate a write-in ballot for a public office when the ballot was cast in a column designated for a different position.