Amd SS1-102 & 3-102, El L; amd SS1602, 1702, 1703, 1804, 2502 & 2553, add S2029-a, Ed L
Provides that every election for office of trustee of a common school district or member of a board of education shall be subject to supervision of the local board of elections.
STATE OF NEW YORK
________________________________________________________________________
5651
2011-2012 Regular Sessions
IN ASSEMBLY
February 24, 2011
___________
Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law and the education law, in relation to
supervision of school board elections by the board of election
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1-102 of the election law, as amended by chapter
2 727 of the laws of 1991, is amended to read as follows:
3 § 1-102. Applicability of chapter. This chapter shall govern the
4 conduct of all elections at which voters of the state of New York may
5 cast a ballot for the purpose of electing an individual to any party
6 position or nominating or electing an individual to any federal, state,
7 county, city, town [or], village or school board office, or deciding any
8 and all ballot [question] questions and/or budget referendum submitted
9 to all the voters of the state or the voters of any county or city, or
10 deciding any ballot question submitted to the voters of any town or
11 village at the time of a general election. Where a specific provision of
12 law exists in any other law which is inconsistent with the provisions of
13 this chapter, such provision shall apply unless a provision of this
14 chapter specifies that such provision of this chapter shall apply
15 notwithstanding any other provision of law.
16 § 2. Section 3-102 of the election law is amended by adding a new
17 subdivision 9-B to read as follows:
18 9-B. promulgate rules and regulations, in consultation with the
19 commissioner of education, providing for the supervision by the boards
20 of elections of school board members;
21 § 3. Section 1602 of the education law is amended by adding a new
22 subdivision 4 to read as follows:
23 4. Every election of a trustee or trustees pursuant to this section
24 shall be subject to the supervision of the board of elections, as
25 defined in section 1-104 of the election law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08222-01-1
A. 5651 2
1 § 4. Section 1702 of the education law is amended by adding a new
2 subdivision 4 to read as follows:
3 4. Every election conducted pursuant to this section shall be subject
4 to the supervision of the board of elections, as defined in section
5 1-104 of the election law.
6 § 5. Subdivision 3 of section 1703 of the education law, as amended by
7 chapter 797 of the laws of 1957, is amended to read as follows:
8 3. The additional members first elected shall be elected at a special
9 meeting which shall be called by the board and be held not less than
10 thirty nor more than sixty days following the annual meeting at which
11 the number was increased, and pending the first election of such addi-
12 tional members no vacancy shall be deemed to exist in the offices there-
13 of except for the purpose of filling the same by election, notwithstand-
14 ing any inconsistent provision of any law. Every election conducted
15 pursuant to this subdivision shall be subject to the supervision of the
16 board of elections, as defined in section 1-104 of the election law.
17 § 6. Subdivision 4 of section 1804 of the education law, as amended by
18 section 1 of part M of chapter 57 of the laws of 2005, is amended to
19 read as follows:
20 4. The annual meeting and election in each central school district
21 shall be held on the third Tuesday of May provided, however that such
22 annual meeting and election shall be held on the second Tuesday in May
23 if the commissioner at the request of a local school board certifies no
24 later than March first that such election would conflict with religious
25 observances, and any school budget revote shall be held on the date
26 specified in subdivision three of section two thousand seven of this
27 title. Such annual meeting and school budget revote shall be conducted
28 and the election of members of the board shall be held in the same
29 manner as in union free school districts organized and operating under
30 the provisions of this chapter, including supervision of such election
31 by the board of elections. The board of education of each central school
32 district shall hold a budget hearing not less than seven nor more than
33 fourteen days prior to the annual or special district meeting at which a
34 school budget vote will occur, and shall prepare and present to the
35 voters at such budget hearing a proposed school district budget for the
36 ensuing school year.
37 § 7. The education law is amended by adding a new section 2029-a to
38 read as follows:
39 § 2029-a. Supervision of election of trustees and members of board of
40 education. Every election for the office of trustee or member of the
41 board of education shall be subject to the supervision of the board of
42 elections, as defined in section 1-104 of the election law.
43 § 8. Subdivision 2 of section 2502 of the education law, as amended by
44 chapter 698 of the laws of 1989, is amended to read as follows:
45 2. Each board of education shall consist of five, seven or nine
46 members, to be known as members of the board of education. In the city
47 of Albany, such board shall consist of seven members; and in the city of
48 Rensselaer, such board shall consist of five members; subject, however,
49 to any increase or decrease of the number of members of such board as
50 provided pursuant to the provisions of paragraph a of subdivision four
51 of this section. Members of such board shall be elected by the qualified
52 voters at large of the school district at annual school elections, under
53 the provisions of article fifty-three of this chapter except in the city
54 school district of the city of Albany; provided, however, each board of
55 education may upon its own motion, and shall upon a written petition,
56 subscribed by not less than five hundred qualified voters of the
A. 5651 3
1 district, cause to be submitted at the annual school election a proposi-
2 tion to consider each vacancy upon the board of education a separate
3 specific office requiring a separate petition to nominate a candidate to
4 each separate office in accordance with the provisions of article
5 fifty-three of this chapter. Every election of a member of a board of
6 education pursuant to this section shall be subject to the supervision
7 of the board of elections, as defined in section 1-104 of the election
8 law.
9 § 9. Subdivision 1 of section 2553 of the education law, as separately
10 amended by chapters 211 and 441 of the laws of 1980, is amended to read
11 as follows:
12 1. No person shall be eligible to the office of member of a board of
13 education who is not a citizen of the United States, who is not quali-
14 fied to register for or vote at an election in accordance with the
15 provisions of section 5-106 of the election law, and who, in the case of
16 the city school district of the city of Yonkers, has not been a resident
17 of the city school district for which he is chosen for a period of at
18 least three years immediately preceding the date of his election or
19 appointment and who, in the case of the city school district of the city
20 of Buffalo, in the case of a member to be elected at large is not a
21 qualified voter of such city school district and who has not been a
22 resident of such district for a period of at least three years imme-
23 diately preceding the date of his election and in the case of a member
24 elected from a city school subdistrict is not a qualified voter of such
25 city school subdistrict and has not been a resident of the city school
26 district for three years and a resident of the city school subdistrict
27 which he represents or seeks to represent for a period of one year imme-
28 diately preceding the date of his election, and who, in the case of the
29 city school district of the city of Rochester, is not a qualified voter
30 under section 5-102 of the election law of such city school district;
31 and who in the case of the city school district of the city of Syracuse
32 has not been a qualified voter under section 5-102 of the election law
33 of such city school district for at least ninety days immediately
34 preceding the date of his election or appointment. Every election of a
35 member of a board of education pursuant to this section shall be subject
36 to the supervision of the board of elections, as defined in section
37 1-104 of the election law.
38 § 10. This act shall take effect on the one hundred eightieth day
39 after it shall have become a law. Any rules and regulations necessary to
40 implement the provisions of this act on its effective date are author-
41 ized and directed to be promulgated, amended or repealed on or before
42 such date.
