In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred thirty-nine, there shall be elected at the biennial town election held in the year nineteen hundred forty-one and at every biennial town election thereafter, one justice of peace and one town council member for the terms and in the manner prescribed in said paragraph one of this subdivision.
In any such town in which two justices of peace shall be so elected at the biennial town election held in the year nineteen hundred forty, there shall be elected at the biennial town election held in the year nineteen hundred forty-two and at every biennial town election thereafter, one justice of peace and one town council member for the terms and in the manner prescribed in paragraph two of this subdivision.
The town board of any town which shall have adopted a resolution pursuant to this paragraph, determining that two justices of peace shall be elected at the biennial town election to be held in the year nineteen hundred forty, may also adopt a resolution on or before but not later than the first day of July, nineteen hundred forty, determining that the following proposition shall be submitted to the electors of such town at said biennial town election of nineteen hundred forty, to wit: "Shall the number of justices of peace in this town be reduced from four to two by the election of one justice of peace and one town council member for terms of four years each at the biennial town elections to be held in the years nineteen hundred forty-two and nineteen hundred forty-four and at each biennial town election thereafter, and shall the town board of this town consist of the supervisor and such justices of peace and town council member or council members?" The town board shall give notice of the submission of such proposition and such proposition shall be submitted in the manner provided in article six of this chapter for the submission of propositions at special or biennial town elections. The polls shall remain open during the hours fixed for the elections of town officers. Every elector of the town qualified to vote at such election for town officers shall be entitled to vote upon the foregoing proposition. The votes upon such proposition shall be canvassed and certified to the town clerk in the manner provided in section eighty-three of this chapter. If a majority of the votes cast in such town upon such proposition shall be in the affirmative, there shall be elected at the biennial town election held in the year nineteen hundred forty-two, and at every biennial town election thereafter, one justice of peace and one town council member for the terms and in the manner prescribed in paragraph two of this subdivision. If a majority of the votes cast in such town upon such proposition shall not be in the affirmative there shall be elected at the biennial town election in the year nineteen hundred forty-two and at every biennial town election thereafter, two justices of peace for the full term prescribed by law, but no town council member.
N.Y. Town Law § 341