04-LA 036

2004 -- H 7767

Enacted 06/11/04

A N A C T

IN AMENDMENT OF SECTION 2 OF AN ACT ENTITLED "AN ACT TO INCORPORATE THE WATCH HILL FIRE DISTRICT", APPROVED MAY 2, 1941

Introduced By: Representative Peter L. Lewiss

Date Introduced: February 11, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 2 of an act entitled “An Act to Incorporate the Watch Hill Fire

District”, approved May 2, 1941, January Session, 1941 as amended, is hereby further amended

to read as follows:

     RIGHTS AND QUALIFICATIONS OF VOTERS

     SECTION 2. Every person resident in the district and eligible to vote in a general or

special election of the town of Westerly and every person who is the owner of real property

located in the district shall be qualified to vote at any annual or special meeting of the district, or

at any adjournment thereof. Any person qualified to vote in the district shall be eligible to hold

office in the district.” who is duly registered and eligible to vote in a general or special election

in the town of Westerly from a registered address within the district (a “registered voter”), and

every owner of real property within the district which is subject to taxation by the district, shall be

qualified to vote at any annual or special meeting of the district or at any adjournment thereof.

Provided, however, that a registered voter may only cast a single vote, notwithstanding his or her

ownership of property within the district, and every owner of real property within the district may

only cast a single vote, notwithstanding his, her, or its ownership interest in more than one lot or

parcel.

The ownership of real property shall be determined by reference to the records of the tax

assessor of the district, which records shall be based on the land evidence records of the town of

Westerly. Provided, however, that, if the ownership of any real property shall be held by an entity

(corporation, partnership, limited liability company, trust, or other such entity) which is owned by

more than one person, then only one vote shall be cast on behalf of such ownership. The trustees

of each trust shall be deemed to be the owner thereof. The authority to cast said single vote on

behalf of the ownership of an entity shall be determined and evidenced by an affidavit of the

person casting such vote (made under the penalties of perjury) that he or she is duly authorized to

vote on behalf of said ownership. Affidavits for such purpose shall be made available at the office

of the fire district and shall be in the following form:

AFFIDAVIT

For real property located at: _______________________________________________________

(Address of the Property (include all real property owned in the District))

Name of the Entity owning said

Property:_________________________________________________________________

     I,_______________________________________________, having a residence address of

Name of Person

     ________________________________________________________________________

(Address of Voter (including City/Town, State and ZIP))

upon oath, do hereby make affidavit and say that I am duly authorized to vote on behalf of said

ownership. This Affidavit is made under the penalties of perjury.

     ________________________________________________________________________

___________________________________ Signature

________________________________________________________________________

_____________________________________Please write or type name clearly__________

______Subscribed and sworn to before me this_____day of______________________________,

20__.

______________________________________________________________________________

__________________________________________________________Notary Public

The above affidavit shall be sworn to before a Notary Public. Upon execution of such an affidavit

on behalf of the ownership of any real property held by an entity (corporation, partnership,

limited liability company, trust, or other such entity) which is owned by more than one person,

such affidavit shall remain in full force and effect and shall continue to evidence the voting

authority of such person on behalf of such ownership until such time as the district receives an

affidavit in the above form authorizing another person to vote on behalf of said ownership.

Any person so qualified to vote in the district shall be qualified to be a candidate for, and hold

office in, the district. Ownership of an interest in an entity shall be proven by documents

constituting a public record or by the records of the entity maintained in due course as part of the

business records of such entity.

     SECTION 2. This act shall take effect upon passage.

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LC01933

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