If voters file a petition with double the required signatures asking for a vote on changing the village name on a date other than the regular village election, can the village board still push the question to the next regular election?

Plain-English summary

The Village of North Tarrytown was considering a name change (it later became Sleepy Hollow). The village attorney asked whether the trustees had to schedule an early stand-alone vote, or whether they could roll the question into the March 1997 regular village election.

The answer came directly out of Village Law § 9-912. That statute lets the trustees place a name-change proposition on the ballot either on their own motion or on petition. The petition requirement is 200 electors in villages of 5,000 or more (North Tarrytown had about 8,300). For an off-cycle vote, the petition needs double the regular signatures and must specifically request an off-cycle referendum. The petition here had 765 signatures, well over the doubled threshold, and asked for a vote 30 to 60 days from filing.

The AG concluded that the statute is mandatory once a qualifying off-cycle petition is filed. "Such referendum shall be held no less than thirty, nor more than sixty, days after the filing of such petition." The word "shall" carries no discretion. The trustees could not roll the question into the regular village election just because that was on the horizon.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why does the statute distinguish between regular and off-cycle elections?

A vote held at the regular village election is cheap because the polling sites and election workers are already in place. An off-cycle stand-alone vote costs the village separately. The Legislature balanced cost and timing by raising the bar for an off-cycle petition (double the signatures) and locking in a 30-to-60-day window.

Could the board accept the petition but argue it was filed too close to the regular election to bother with a stand-alone vote?

The opinion does not allow that. The statutory language is unambiguous: if the petition is qualified and specifies an off-cycle vote, the referendum must be held within the 30-to-60-day window after filing. The board has no discretion to substitute a different date for the convenience of the calendar.

What if the petition does not specify an off-cycle vote?

Then the trustees, either on their own motion or on the petition, place the proposition on the ballot at the next regular or special village election under § 15-102 of the Election Law. The doubled-signature requirement and the 30-to-60-day window only apply when the petitioners specifically request off-cycle treatment.

What counts as 5,000 population for the signature threshold?

The statutory threshold of 200 electors applies in villages with population of 5,000 or more. The opinion accepted North Tarrytown's 8,300 figure without analysis of how population is measured for this purpose. Other Village Law provisions tie population to the latest federal census; check current law and local records.

What is the village's role between filing and the vote?

Beyond scheduling and noticing the election within the 30-to-60-day window, the trustees handle the same administrative steps as any village proposition: registration of voters, polling places, mailing of notices, certification of results. Election Law § 15-102 supplies the procedural framework for village elections.

Background and statutory framework

Village Law § 9-912(2)(d) governs the procedure for changing the name of a village. The trustees may, on their own motion, submit a proposition to change the name at a regular or special village election. They must do so on petition of at least 200 electors in villages of 5,000 or more.

Section 9-912(1) addresses off-cycle petitions. If the petition is filed which requests the holding of a referendum at a time other than the date of the regular or special village election, the petition must contain twice the number of signatures otherwise required, and the referendum "shall be held no less than thirty, nor more than sixty, days after the filing of such petition."

Election Law § 15-102(1) and (2) describe the timing and conduct of village elections, including regular elections at which village officers are chosen.

Citations

• Village Law § 9-912(1) and § 9-912(2)(d): petition procedures and signature thresholds for village name-change referenda.
• Election Law § 15-102(1) and (2): timing and conduct of village elections.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_97-2_pw.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

VILLAGE LAW § 9-912; ELECTION LAW § 15-102 (1), (2).

Under Village Law § 9-912, upon the filing of a petition
with the required number of signatures to change the name of the
village which specifically requests that the proposition be
submitted to the electors at a time other than the date of the
regular or special village election, the referendum on the
proposition must be held no less than 30 nor more than 60 days
after the filing of the petition.

February 11, 1997

Janet A. Gandolfo, Esq. Informal Opinion
Village Attorney No. 97-2
Village of North Tarrytown

1 Central Avenue, Suite 304

Tarrytown, NY 10591

Dear Ms. Gandolfo:

Your inquiry relates to the procedure for changing the name
of a village. You have asked us to assume that a petition with
765 signatures has been filed with the village clerk's office
calling for an election no less than 30 nor more than 60 days
from the filing of the petition to determine the question of
whether the name of the village should be changed. The
population of the Village of North Tarrytown is 8,300 and you
believe that the above number of signatures would require the
board of trustees of the village to schedule an election no less
than 30 nor more than 60 days from the date of the filing of the
petition. Nonetheless, you have asked whether the board of
trustees legally would be required to hold an early election or
whether it has discretion to place the proposition on the ballot
during the regular village election to be held next March 18,
1997. Although an election has been conducted on this
proposition, in a telephone conversation you have asked for
guidance that can be applied prospectively.

Village Law § 9-912(2)(d) governs the procedure for changing
the name of a village. Under that provision, the board of
trustees may upon its own motion and must upon the petition of at
least 200 electors in villages with a population of 5,000 or more
(North Tarrytown falls into this category), submit a proposition
to change the name of the village at a regular or special village
election. The regular or special village election is conducted
for purposes of electing village officers (Election Law

§ 15-102[1], [2]), and in your village that election takes place
in March.

If a petition is filed which requests the holding of a
referendum at a time other than the date of the regular or
special village election, the petition must contain twice the
number of signatures otherwise required. Id., § 9-912(1). If
the petition includes that request and has the requisite number
of signatures, "such referendum shall be held no less than
thirty, nor more than sixty, days after the filing of such
petition". Id.

It seems clear under the above provision that upon the
filing of a petition to change the name of the village, which
specifically requests that the proposition be submitted to the
electors at a time other than the date of the regular or special
village election and includes the required number of signatures,
the referendum on the proposition must be held no less than 30
nor more than 60 days after the filing of the petition. Once
that petition is filed, the board of trustees has no discretion
to place the proposition on the ballot at the regular village
election to be held in March.

The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.

Very truly yours,

JAMES D. COLE
Assistant Attorney General
in Charge of Opinions