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New York Consolidated Laws

N.Y. Town Law § 81 (2026)

Election upon proposition

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 81. Election upon proposition. The town board may upon its own
motion and shall upon a petition, as hereinafter provided, cause to be
submitted at a special or biennial town election, a proposition:
  1. In any town:
  (a) To erect a monument or monuments within the town in commemoration
of any person or event.
  (b) To purchase, lease, construct, alter or remodel a town hall, a
town lockup or any other necessary building for town purposes, acquire
necessary lands therefor, and equip and furnish such buildings for such
purposes, or to demolish or remove any town building.
  (c) To establish airports, landing fields, public parking places,
public parks or playgrounds, acquire the necessary lands therefor, and
equip the same with suitable buildings, structures and apparatus.
  (d) To vote upon or determine any question, proposition or resolution
which may lawfully be submitted, pursuant to this chapter or any general
or special law.
  (e) To dredge, bulkhead, dock and otherwise improve any navigable, or
other waterway, within the town, and to rent, purchase and equip
necessary machinery for such dredging, docking, bulkheading or other
improvement, and supply the necessary labor and material therefor.
  (f) To provide for the collection and disposition of garbage, ashes,
rubbish and other waste matter in the town by (1) the award of one or
more contracts for the collection and disposition of the same, (2) by
the purchase, operation and maintenance of apparatus and equipment for
the collection and transportation of the same, (3) by the construction,
operation and maintenance of a disposal or incinerator plant or (4) by
any combination of (1), (2) and (3).
  2. In any town of the first class:
  (a) To increase the number of council members from four to six.
  (b) To establish or abolish the ward system for the election of
council members in towns having four or six council members.
  (c) To decrease the number of council members from four to two.
  (d) To increase the number of council members from two to four.
  3. In a town of the second class having five thousand or more
population according to the latest federal or state census or
enumeration or having an assessed valuation of ten million dollars or
more, as shown by the latest completed assessment-roll of such town, or
adjoining a city having a population of three hundred thousand or more,
as shown by the latest federal or state census or enumeration, to change
the classification of such town to that of a town of the first class.
  4. Such petition shall be subscribed and authenticated, in the manner
provided by the election law for the authentication of nominating
petitions, 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 votes cast for governor in said town at the last general
election held for the election of state officers, but such number 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. If such a petition be filed
in the office of the town clerk not less than sixty days, nor more than
seventy-five days, prior to a biennial town election, the proposition
shall be submitted at such biennial election. If a petition be presented
at any other time, a special election shall be called to be held not
less than sixty days, nor more than seventy-five days after the filing
of such petition.
  5. A proposition for the consolidation or dissolution of a town or
district shall be noticed, conducted, canvassed and otherwise held
pursuant to, and in accordance with, the provisions of article
seventeen-A of the general municipal law; and a petition to consolidate
or dissolve a town or district shall be subscribed, authenticated and
otherwise governed pursuant to, and in accordance with, that article.
  Any expenditure approved pursuant to this section shall be paid for by
taxes levied for the fiscal year in which such expenditure is to be
made. However, nothing contained in this section shall be construed to
prevent the financing in whole or in part, pursuant to the local finance
law, of any expenditure enumerated in this section which is not
authorized pursuant to this section.
Any expenditure financed in whole from moneys appropriated from surplus
funds shall not be subject to referendum.
Notes of Decisions
Cited in 19 cases, 1986–2020 · leading case: Reed v. Town of Babylon, 914 F. Supp. 843 (E.D.N.Y. 1996).
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Reed v. Town of Babylon, 914 F. Supp. 843 (E.D.N.Y. 1996). · cites it 5× “N.Y.Town Law § 81 (McKinney 1987). Moreover, New York law specifically provides only for the number of board seats to be changed from four to either to six or two.”
Cavallaro v. Schimel, 194 Misc. 2d 788 (N.Y. Sup. Ct. 2003). · cites it 5× “Facts The genesis of this Election Law case took place on October 29, 2002 when the petitioner, pursuant to Town Law § 81, filed in the Town of North Hempstead a petition captioned: “Shall *789 the Ward System be established for the election of Councilmen/ Councilwomen in the…”
Queensbury Ass'n v. Town Bd., 135 Misc. 2d 118 (N.Y. Sup. Ct. 1987). · cites it 9× “Town Law § 81 provides in pertinent part as follows: "The town board may upon its own motion and shall upon a petition, as hereinafter provided, cause to be submitted at a special or biennial town election, a proposition: "1.”
Fisher v. Sampson, 27 A.D.3d 560 (N.Y. App. Div. 2d Dep't 2006). · cites it 3× “On August 26, 2004 pursuant to Town Law § 81 (2) (b), the petitioner Constance J.”
New York Pub. Interest Rsch. Grp., Inc. v. Town of North Hempstead, 153 A.D.2d 743 (N.Y. App. Div. 2d Dep't 1989). · cites it 4× “Town Law § 81 (1) (h) similarly permits a town "[t]o provide for the collection and disposition of garbage, ashes, rubbish and other waste matter in the town” by awarding contracts, by purchasing equipment, and/or by constructing a facility such as an incinerator plant; but a…”
Heath v. Town of Islip, 169 Misc. 2d 382 (N.Y. Sup. Ct. 1996). · cites it 3× “” It is not controverted that the necessary number of valid *386 signatures to warrant the requested referendum under Town Law § 81 (4) is 4,042. The Town Clerk’s notices aforementioned were filed in the Town Clerk’s office and copies mailed to the objectors and their attorneys…”
Queensbury Ass'n v. Town Bd. of the Town of Queensbury, 141 A.D.2d 997 (N.Y. App. Div. 3d Dep't 1988). · cites it 6× “Town Law § 81 specifically provides that: "The town board may upon its own motion and shall upon a petition * * * cause to be submitted at a special or biennial town election, a proposition * * * [t]o establish * * * public parks or playgrounds, acquire the necessary lands…”
George F. Johnson Mem'l Library v. Springer, 11 A.D.3d 804 (N.Y. App. Div. 3d Dep't 2004). · cites it 2× “which may lawfully be submitted, pursuant to this chapter or any general or special law” (Town Law § 81 [1] [e]).”
Parietti v. Sampson, 117 A.D.3d 830 (N.Y. App. Div. 2d Dep't 2014). “eferendum asking Town voters “SHALL THE NUMBER OF COUNCILMEN OR COUNCILWOMEN OF THE TOWN OF RAMAPO BE INCREASED FROM FOUR TO SIX?” On October 23, 2012, after general and specific objections were filed, the Town Clerk issued determinations and findings invalidating all of the…”
Matter of Parietti v. Town of Ramapo, 129 A.D.3d 1088 (N.Y. App. Div. 2d Dep't 2015). · cites it 3× “In a proceeding pursuant to Election Law article 16, in effect, inter alia, for judicial inspection of absentee ballots and affidavit ballots cast in connection with a special election that was conducted on September 30, 2014, pursuant to Town Law § 81 to determine certain…”
Greene v. Town Bd. of Warrensburg, 159 A.D.2d 781 (N.Y. App. Div. 3d Dep't 1990). · cites it 2× “Also lacking in merit is petitioner’s assertion that, to the extent that our earlier decision determined that his proposition was not authorized under Town Law § 81, the statute is unconstitutional.”
Jacobs v. Ocker, 123 A.D.2d 801 (N.Y. App. Div. 2d Dep't 1986). · cites it 9× “ition, the town clerk invalidated 4,068 signatures contained therein and declared that the remaining 4,191 valid signatures were less than the number required under the Town Law to place a proposition on the ballot, to wit, 5,801 signatures ("five per centum of the total votes…”
Show all 19 citing cases →
N.Y. Town Law § 81(1)(d): 1 case
Matter of Futia v. Town of N. Castle, 186 A.D.3d 601 (N.Y. App. Div. 2d Dep't 2020).
N.Y. Town Law § 81(4): 1 case
Matter of Futia v. Town of N. Castle, 186 A.D.3d 601 (N.Y. App. Div. 2d Dep't 2020).
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