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A04384 Summary:

BILL NOA04384B
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §§2608 & 2032, Ed L
 
Requires that nominating petitions for small city school district elections be submitted no later than thirty days prior to the election; makes technical corrections relating to such small city school board elections.
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A04384 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4384--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on  Education  -- recommitted to the Committee on Education in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to deadlines for filing
          nominating petitions for small city school board elections
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 1 and 2 of section 2608 of the education law,
     2  subdivision 1 as amended by chapter 273 of the laws of 1987 and subdivi-
     3  sion 2 as amended by chapter 502 of the laws of  1974,  are  amended  to
     4  read as follows:
     5    1.  Candidates  for members of the board of education in a city school
     6  district shall be nominated by petition directed to the board of  educa-
     7  tion  and  signed  by  at least one hundred persons qualified to vote at
     8  school elections in such district. Such petition shall contain the names
     9  and residences of the candidates for  the  vacancies  in  the  board  of
    10  education  to  be filled at the annual election. Where a proposition has
    11  been adopted by the voters of such district to require that each vacancy
    12  on the board of education to be filled shall be  considered  a  separate
    13  specific  office,  a  separate  petition shall be required to nominate a
    14  candidate to each separate office and such petition shall  describe  the
    15  specific  vacancy  on  the board of education for which the candidate is
    16  nominated, which description shall include at least the  length  of  the
    17  term  of  office  and  the  name  of  the  last  incumbent, if any. Such
    18  petitions shall be filed in the office of the  clerk  of  the  board  of
    19  education between the hours of nine a.m. and five p.m., on or before the
    20  [twentieth]  thirtieth day preceding the day of the annual election. The
    21  clerk shall refuse to accept petitions signed by an insufficient  number
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05798-04-6

        A. 4384--B                          2
 
     1  of  qualified  voters, or petitions which are not timely. If a candidate
     2  for whom a nominating petition for the office of member of  a  board  of
     3  education  has  been duly filed withdraws such petition, dies or becomes
     4  otherwise  ineligible  to hold such office at a time which is later than
     5  fifteen days before the last day for the filing of nominating  petitions
     6  as  provided  in  this  subdivision,  the  time  for  filing  nominating
     7  petitions for such  office  shall  be  extended  to  five  p.m.  on  the
     8  fifteenth  day  after  the date on which the candidate withdrew, died or
     9  otherwise became ineligible to hold such office, provided that  no  such
    10  nominating  petition  may  be  filed after five p.m.  on the seventh day
    11  preceding the election.
    12    2. The board of education shall cause to be printed  official  ballots
    13  containing  the  names  of all candidates as above provided, except that
    14  the board may refuse to have the names of ineligible  candidates  placed
    15  on  such  ballots.  The names of the candidates shall be arranged in the
    16  order as determined by  the  drawing  by  lot  in  accordance  with  the
    17  provisions  of  paragraph  b  of subdivision two of section two thousand
    18  thirty-two of this [law] title. Blank spaces shall be provided  so  that
    19  voters  may  vote  for  candidates  who  have not been nominated for the
    20  offices to be filled at such elections. The form of such  ballots  shall
    21  conform  substantially  to the form of ballots used at general elections
    22  as prescribed in the election law. Such ballots shall be printed at  the
    23  expense of the city school district.
    24    §  2.  Paragraph  b  of subdivision 2 of section 2032 of the education
    25  law, as amended by chapter 502 of the laws of 1974, is amended  to  read
    26  as follows:
    27    b. The names of all candidates for each separate specific office shall
    28  be  grouped  together  and  at  the  top of each group shall be placed a
    29  description of the separate specific office for  which  such  candidates
    30  are  nominated,  which  description shall include at least the length of
    31  the term of office and the name of the last incumbent, if  any,  and  in
    32  addition  a  direction  that  only one vote may be cast in each separate
    33  group. The names of the candidates for  each  separate  specific  office
    34  shall  be  listed  in the order as determined by a drawing by lot.  Such
    35  drawing shall be conducted by the clerk of the board  of  education  and
    36  shall  be  held  the  day after the last possible date for candidates to
    37  file a petition. In the event that  any  candidate  is  not  present  in
    38  person  or  by  a person designated in a written proxy to accomplish the
    39  drawing, the district clerk shall be authorized to act as proxy. In  any
    40  district  where  a  proposition has been adopted pursuant to [paragraph]
    41  subdivision b of section two thousand eighteen of this title, the  names
    42  of  all  candidates  for  vacancies upon the board of education shall be
    43  arranged according to lot as prescribed in this section, and a direction
    44  shall be made that as many candidates may be  voted  for  as  there  are
    45  vacancies to be filled.
    46    §  3.  This act shall take effect on the first of July next succeeding
    47  the date on which it shall have become a law.
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