STATE OF NEW YORK
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6895
2009-2010 Regular Sessions
IN ASSEMBLY
March 13, 2009
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Introduced by M. of A. PARMENT -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, the education law and the county law,
in relation to the conduct of school board elections by the board of
elections
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 conduct and supervision of
20 election of school board members or trustees by the board of elections;
21 § 3. Section 1602 of the education law is amended by adding a new
22 subdivision 4 to read as follows:
23 4. The election of trustees pursuant to this section may be conducted
24 by and subject to the supervision of the board of elections, as defined
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09221-01-9
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1 in section 1-104 of the election law, upon the passage of a resolution
2 by the board of trustees.
3 § 4. Section 1702 of the education law is amended by adding a new
4 subdivision 4 to read as follows:
5 4. An election pursuant to this section may be conducted by and
6 subject to the supervision of the board of elections, as defined in
7 section 1-104 of the election law upon the passage of a resolution by
8 the school board.
9 § 5. Subdivision 3 of section 1703 of the education law, as amended by
10 chapter 797 of the laws of 1957, is amended to read as follows:
11 3. The additional members first elected shall be elected at a special
12 meeting which shall be called by the board and be held not less than
13 thirty nor more than sixty days following the annual meeting at which
14 the number was increased, and pending the first election of such addi-
15 tional members no vacancy shall be deemed to exist in the offices there-
16 of except for the purpose of filling the same by election, notwithstand-
17 ing any inconsistent provision of any law. An election pursuant to this
18 section may be conducted by and subject to the supervision of the board
19 of elections, as defined in section 1-104 of the election law, upon the
20 passage of a resolution by the school board.
21 § 6. Subdivision 4 of section 1804 of the education law, as amended by
22 section 1 of part M of chapter 57 of the laws of 2005, is amended to
23 read as follows:
24 4. The annual meeting and election in each central school district
25 shall be held on the third Tuesday of May provided, however that such
26 annual meeting and election shall be held on the second Tuesday in May
27 if the commissioner at the request of a local school board certifies no
28 later than March first that such election would conflict with religious
29 observances, and any school budget revote shall be held on the date
30 specified in subdivision three of section two thousand seven of this
31 title. Such annual meeting and school budget revote shall be conducted
32 and the election of members of the board shall be held in the same
33 manner as in union free school districts organized and operating under
34 the provisions of this chapter, including the conduct and supervision of
35 such election by the board of elections where the board has passed a
36 resolution providing therefor. The board of education of each central
37 school district shall hold a budget hearing not less than seven nor more
38 than fourteen days prior to the annual or special district meeting at
39 which a school budget vote will occur, and shall prepare and present to
40 the voters at such budget hearing a proposed school district budget for
41 the ensuing school year.
42 § 7. The education law is amended by adding a new section 2022-a to
43 read as follows:
44 § 2022-a. Conduct of election of trustees and members of the board of
45 education. Upon the passage of a resolution by the board of education or
46 trustees providing therefor, elections for the office of trustee or
47 member of the board of education may be conducted by and subject to the
48 supervision of the board of elections, as defined in section 1-104 of
49 the election law.
50 § 8. Subdivision 2 of section 2502 of the education law, as amended by
51 chapter 698 of the laws of 1989, is amended to read as follows:
52 2. Each board of education shall consist of five, seven or nine
53 members, to be known as members of the board of education. In the city
54 of Albany, such board shall consist of seven members; and in the city of
55 Rensselaer, such board shall consist of five members; subject, however,
56 to any increase or decrease of the number of members of such board as
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1 provided pursuant to the provisions of paragraph a of subdivision four
2 of this section. Members of such board shall be elected by the qualified
3 voters at large of the school district at annual school elections, under
4 the provisions of article fifty-three of this chapter except in the city
5 school district of the city of Albany; provided, however, each board of
6 education may upon its own motion, and shall upon a written petition,
7 subscribed by not less than five hundred qualified voters of the
8 district, cause to be submitted at the annual school election a proposi-
9 tion to consider each vacancy upon the board of education a separate
10 specific office requiring a separate petition to nominate a candidate to
11 each separate office in accordance with the provisions of article
12 fifty-three of this chapter. An election pursuant to this section may
13 be conducted by and subject to the supervision of the board of
14 elections, as defined in section 1-104 of the election law, upon the
15 passage of a resolution by the school board.
16 § 9. Subdivision 1 of section 2553 of the education law, as separately
17 amended by chapters 211 and 441 of the laws of 1980, is amended to read
18 as follows:
19 1. No person shall be eligible to the office of member of a board of
20 education who is not a citizen of the United States, who is not quali-
21 fied to register for or vote at an election in accordance with the
22 provisions of section 5-106 of the election law, and who, in the case of
23 the city school district of the city of Yonkers, has not been a resident
24 of the city school district for which he is chosen for a period of at
25 least three years immediately preceding the date of his election or
26 appointment and who, in the case of the city school district of the city
27 of Buffalo, in the case of a member to be elected at large is not a
28 qualified voter of such city school district and who has not been a
29 resident of such district for a period of at least three years imme-
30 diately preceding the date of his election and in the case of a member
31 elected from a city school subdistrict is not a qualified voter of such
32 city school subdistrict and has not been a resident of the city school
33 district for three years and a resident of the city school subdistrict
34 which he represents or seeks to represent for a period of one year imme-
35 diately preceding the date of his election, and who, in the case of the
36 city school district of the city of Rochester, is not a qualified voter
37 under section 5-102 of the election law of such city school district;
38 and who in the case of the city school district of the city of Syracuse
39 has not been a qualified voter under section 5-102 of the election law
40 of such city school district for at least ninety days immediately
41 preceding the date of his election or appointment. An election pursuant
42 to this section may be conducted by and subject to the supervision of
43 the board of elections, as defined in section 1-104 of the election law,
44 upon the passage of a resolution by the school board.
45 § 10. Section 361-a of the county law, as amended by chapter 359 of
46 the laws of 1989, is amended to read as follows:
47 § 361-a. Expenses of boards of elections outside New York City; appor-
48 tionment of. The board of elections in each county, outside of the city
49 of New York, on or before the fifteenth day of December and not earlier
50 than the first day of October, in each year, shall certify to the clerk
51 of the legislative body of the county, the total amount of the expenses
52 of such board of elections, including salaries for the preceding year,
53 and, if the legislative body of any county shall so direct, shall certi-
54 fy to such clerk the portions of such expenses which under provisions of
55 law are to be borne by any city or cities in said county and the portion
56 thereof which is to be borne by the rest of such county and such clerk
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1 shall thereupon notify the proper local official or officials, who, in
2 spreading upon the assessment-rolls the taxes to be levied upon the
3 taxable property in the city or any such cities, and in the rest of the
4 county, shall include in the amount so spread the amounts certified by
5 the board of elections to be borne by such city or cities, respectively,
6 and in the amount spread upon the assessment-rolls of the taxable prop-
7 erty in the several towns or other political subdivisions of the rest of
8 the county the amount so certified by said board of elections to be
9 borne by such towns or political subdivisions respectively. Whenever any
10 additional expenses either for salaries or supplies in addition to the
11 regular county-wide primary and election expenses are incurred by a
12 board of elections incidental to any election in any city, town, school
13 district or village, such board of elections shall certify to the county
14 legislative body a detailed statement of such expenses and said county
15 legislative body may cause the amount thereof to be levied against such
16 city, town, school district or village or may certify the amount thereof
17 to such city, town, school district or village and such city, town,
18 school district or village shall upon such certification, include the
19 amount so certified in the next budget and tax levy and shall pay the
20 same to the county.
21 § 11. This act shall take effect on the one hundred eightieth day
22 after it shall have become a law. Any rules and regulations necessary to
23 implement the provisions of this act on its effective date are author-
24 ized and directed to be promulgated, amended or repealed on or before
25 such date.
