Section 91. Referendum on petition  


Latest version.
  • Any such resolution or act of the town
      board as set forth in the preceding section shall not take effect  until
      thirty  days  after  its adoption; nor until approved by the affirmative
      vote of a majority of the qualified electors of such  town  or  district
      affected,  voting  on  such proposition, if within thirty days after its
      adoption there be filed with the  town  clerk  a  petition  signed,  and
      acknowledged  or  proved,  or  authenticated  by  electors  of  the town
      qualified to vote upon a proposition  to  raise  and  expend  money,  in
      number  equal  to  at  least  five per centum of the total vote cast for
      governor in said town at the last general election held for the election
      of state officers, but which shall not be less than  one  hundred  in  a
      town  of  the  first  class  nor  less than twenty-five in a town of the
      second class, protesting against such act or resolution  and  requesting
      that  it  be submitted to the qualified electors of the town or district
      affected, for their approval or disapproval.  If  such  petition  be  so
      filed  not more than seventy-five days nor less than sixty days prior to
      a biennial town election, a proposition for the approval of such act  or
      resolution  shall  be  submitted  at  such  biennial town election. If a
      petition be so filed at any other time, a proposition for  the  approval
      of  such act or resolution shall be submitted at a special town election
      to be held not less than sixty nor more than seventy-five days after the
      filing of such petition. The petition may be made upon  separate  sheets
      and  the  signatures  to each sheet shall be authenticated in the manner
      provided by the  election  law  for  the  authentication  of  nominating
      petitions.  The several sheets so signed and authenticated when fastened
      together and offered for  filing  shall  be  deemed  to  constitute  one
      petition.  If,  within  five  days  after the filing of such petition, a
      written objection thereto be filed with the town clerk, and  a  verified
      petition  setting  forth  the  objections  be presented by the person so
      filing such objections to the supreme court or any  justice  thereof  of
      the  judicial  district  in  which  such  town is located, such court or
      justice  within  twenty  days  shall  determine  any  question   arising
      thereunder  and  make such order as justice may require. Such proceeding
      shall be heard and determined in the manner prescribed by section 16-116
      of the election law.