(a) providing a county charter, or
(b) proposing an amendment or repeal of one or more provisions thereof
which would have the effect of transferring a function or duty of the
county, or of a city, town, village, district or other unit of local
government wholly contained in the county, shall conform to and be
subject to consideration by the board of supervisors in accordance with
the provisions of this chapter generally applicable to the form of and
action on proposed local laws by the board of supervisors. If a county
charter, or a charter law as described in this subdivision, is adopted
by the board of supervisors, it shall not become operative unless and
until it is approved at a general election or at a special election,
held in the county by receiving a majority of the total votes cast
thereon (a) in the area of the county outside of cities and (b) in the
area of the cities of the county, if any, considered as one unit, and if
it provides for the transfer of any function or duty to or from any
village or for the abolition of any office, department, agency or unit
of government of a village wholly contained in the county, it shall not
take effect unless it shall also receive a majority of all the votes
cast thereon in all the villages so affected considered as one unit.
Such a county charter or charter law shall provide for its submission to
the electors of the county at the next general election or at a special
election, occurring not less than sixty days after the adoption thereof
by the board of supervisors. Such a county charter or charter law may
provide for the separate submission to the electors at such election of
one or more variations of the provisions of such county charter. Any
such variation may include, but shall not be limited to, proposed
transfers of functions of local government to other units of local
government or a class or classes thereof.
8. The form of each proposition submitted to the electors of a county
pursuant hereto shall be prepared by the clerk of the board of
supervisors with the advice of the county attorney or other principal
legal advisor. They also shall prepare a brief abstract of the county
charter or charter law so submitted. The form and abstract shall be
transmitted to the board of elections of the county. The board of
elections, at least twenty days before the election, shall send two or
more copies thereof to the clerk of each city, town and village in the
county to be made a public record in his office and shall cause a
sufficient number of copies to be printed and made available to the
electors at the time of registration or otherwise. In addition, such
board of elections shall cause a sufficient number of copies to be
delivered with the other election supplies and distributed to the
electors at the election. The board of elections shall cause each such
proposition to be submitted to the electors of the county in the manner
provided in the election law and, so far as applicable, in subdivision
two of section one hundred two of the county law. Expenses incurred in
connection with the submission of any proposition under this article
shall be a charge against the county.
9. If two or more propositions having conflicting provisions receive
the majorities required for adoption under this section at the same
election, the proposition involved in each such conflict which receives
the largest affirmative vote shall prevail to the extent of such
conflict; but in all other respects such proposition shall be deemed
adopted. Where a proposition submitted to the electors of a county under
the provisions of this article receives the majority or majorities
required for adoption, it shall become operative as prescribed therein,
subject to any conditions prescribed therein.
Structure New York Laws