Bill Text: NY A07082 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to school district elections; requires all bond resolutions proposed by a school district be presented to the voters only as part of the annual meeting and election of such school district; further requires review of election procedures by the county board of elections; authorizes the school district to request such county board of elections to assume all or some of the functions, powers and duties of the elections.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2012-05-30 - held for consideration in education [A07082 Detail]
Download: New_York-2011-A07082-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7082
2011-2012 Regular Sessions
I N A S S E M B L Y
April 12, 2011
___________
Introduced by M. of A. J. MILLER, THIELE, SAYWARD, BARCLAY, MONTESANO --
Multi-Sponsored by -- M. of A. CALHOUN, CONTE, CROUCH, FINCH, HAWLEY,
KOLB, REILICH, SPANO, TEDISCO -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to elections in school
districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 2002 of the education law, as
2 amended by section 5 of part C of chapter 58 of the laws of 1998, is
3 amended to read as follows:
4 1. The annual meeting and election of each school district shall be
5 held on the third Tuesday of May in each year, provided, however that
6 such annual meeting and election shall be held on the second Tuesday in
7 May if the commissioner at the request of a local school board certifies
8 no later than March first that such election would conflict with reli-
9 gious observances. [Unless the hour and place thereof shall have been
10 fixed by a vote of a previous district meeting, the same] THE ANNUAL
11 DISTRICT MEETING AND ELECTION shall be held in the schoolhouse at
12 seven-thirty o'clock in the evening in the case of a school district
13 that is not divided into election districts and conducts its election or
14 vote by recording the ayes or noes of the qualified voters attending,
15 or, in the case of all other districts, [during at least six consecutive
16 hours after six a.m., two of which hours shall be after six p.m. as
17 determined by resolution of the trustees or board of education,
18 provided, however, that the trustees or board of education of any school
19 district that conducted its annual meeting at seven-thirty p.m. in nine-
20 teen hundred ninety-seven may conduct its annual election and budget
21 vote at such time in nineteen hundred ninety-eight] FROM SIX O'CLOCK IN
22 THE MORNING UNTIL NINE O'CLOCK IN THE EVENING. If a district possesses
23 more than one schoolhouse, it shall be held in the one usually employed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08169-01-1
A. 7082 2
1 for that purpose, unless the trustees or board of education designate
2 another OR DETERMINE THAT THE ANNUAL MEETING AND ELECTION SHALL BE HELD
3 IN MORE THAN ONE SCHOOLHOUSE WITHIN THE DISTRICT WITHOUT DIVIDING INTO
4 ELECTION DISTRICTS, provided that if the school district is divided into
5 election districts such annual meeting and election shall be held at
6 such place in each election district as the board of education may
7 designate. If the district possesses no schoolhouse, or if the school-
8 house shall not be accessible or adequate, then the annual meeting and
9 election shall be held at such place OR PLACES as the trustees or board
10 of education, or the clerk, shall designate in the notice.
11 S 2. Section 2005 of the education law, as amended by section 3 of
12 part M of chapter 57 of the laws of 2005, is amended to read as follows:
13 S 2005. Special meeting to transact business of annual meeting. When-
14 ever the time for holding the annual meeting in a school district shall
15 pass without such meeting being held, a special meeting[, to be held on
16 the date specified for a school budget revote pursuant to subdivision
17 three of section two thousand seven of this part], shall thereafter be
18 called by the trustees or by the clerk of such district for the purpose
19 of transacting the business of the annual meeting; and if no such meet-
20 ing be called by the trustees or the clerk within ten days after such
21 time shall have passed, the district superintendent of the supervisory
22 district in which said school district is situated or the commissioner
23 [of education] may order any inhabitant of such district to give notice
24 of such meeting in the manner provided in section two thousand one of
25 this part, and the officers of the district shall make to such meeting
26 the reports required to be made at the annual meeting, subject to the
27 same penalty in case of neglect; and the officers elected at such meet-
28 ing shall hold their respective offices only until the next annual meet-
29 ing and until their successors are elected and shall have qualified.
30 Notice of such annual meeting shall comply with the requirements of
31 section two thousand three or section two thousand four of this part by
32 publishing such notices once in each week within the two weeks next
33 preceding such special meeting, the first publication to be at least
34 fourteen days before such meeting and any required posting to be four-
35 teen days before the time of such meeting. If the qualified voters at
36 such special district meeting defeat the school district budget, the
37 trustees or board of education shall adopt a contingency budget pursuant
38 to section two thousand twenty-three of this part. [Notwithstanding any
39 other provision in law, the trustees or board of education following the
40 adoption of a contingency budget may call a special district meeting for
41 a second vote on the proposed budget pursuant to the requirements of
42 subdivision three of section two thousand seven or subdivision three of
43 section two thousand six of this chapter.]
44 S 3. The education law is amended by adding a new section 2022-a to
45 read as follows:
46 S 2022-A. BOND RESOLUTION VOTES. NO BOND RESOLUTION PROPOSED TO BE
47 ADOPTED BY A SCHOOL DISTRICT PURSUANT TO SECTION 31.00 OF THE LOCAL
48 FINANCE LAW, SHALL BE PRESENTED TO VOTERS TO BE VOTED ON AT ANY TIME
49 EXCEPT AS PART OF THE ANNUAL MEETING AND ELECTION OF SUCH SCHOOL
50 DISTRICT, AS PROVIDED IN SECTION TWO THOUSAND TWENTY-TWO OF THIS PART.
51 S 4. The education law is amended by adding a new section 2013 to read
52 as follows:
53 S 2013. REVIEW OF ELECTION PROCEDURES BY COUNTY BOARDS OF ELECTION.
54 1. NOTWITHSTANDING ANY PROVISIONS OF THIS ARTICLE, ARTICLE FIFTY-THREE
55 OF THIS CHAPTER OR ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
56 THE TRUSTEES OR BOARD OF EDUCATION OF EVERY SCHOOL DISTRICT TO WHICH
A. 7082 3
1 THIS ARTICLE APPLIES SHALL CONSULT WITH THE COUNTY BOARD OF ELECTIONS OF
2 THE COUNTY IN WHICH THE CHIEF ADMINISTRATIVE OFFICE OF THE SCHOOL
3 DISTRICT IS LOCATED CONCERNING THE PROCEDURES USED BY THE SCHOOL
4 DISTRICT IN CONDUCTING SCHOOL DISTRICT MEETINGS AND ELECTIONS. EACH
5 COUNTY BOARD OF ELECTIONS SHALL PERIODICALLY REVIEW SUCH SCHOOL DISTRICT
6 PROCEDURES AND MAKE RECOMMENDATIONS TO THE TRUSTEES OR BOARD OF EDUCA-
7 TION OF EACH SUCH SCHOOL DISTRICT ON WAYS TO IMPROVE THE FAIRNESS AND
8 PROTECT THE INTEGRITY OF THE ELECTORAL PROCESS, WHICH SHALL INCLUDE THE
9 OPTION OF SUPERVISION OF THE SCHOOL MEETINGS AND ELECTIONS BY THE COUNTY
10 BOARD OF ELECTIONS PURSUANT TO SUBDIVISIONS TWO, THREE AND FOUR OF THIS
11 SECTION. THE FIRST SUCH REVIEW SHALL BE COMPLETED IN SUFFICIENT TIME TO
12 PERMIT CHANGES IN PROCEDURES USED IN THE CONDUCT OF SCHOOL DISTRICT
13 ANNUAL AND SPECIAL DISTRICT MEETINGS AND ELECTIONS HELD ON OR AFTER THE
14 SECOND TUESDAY IN MAY, TWO THOUSAND TWELVE. THE TRUSTEES OF EACH SCHOOL
15 DISTRICT SHALL COOPERATE WITH AND PROVIDE ALL ASSISTANCE REQUIRED BY THE
16 COUNTY BOARD OF ELECTIONS TO COMPLETE SUCH REVIEW. THE TRUSTEES OR BOARD
17 OF EDUCATION SHALL PREPARE A WRITTEN RESPONSE TO THE RECOMMENDATIONS OF
18 THE COUNTY BOARD OF ELECTIONS, INCLUDING AN EXPLANATION OF ITS REASONS
19 FOR REJECTING ANY RECOMMENDATIONS OF THE COUNTY BOARD OF ELECTIONS, AND
20 SHALL HOLD A PUBLIC HEARING TO PRESENT ITS RESPONSE TO THE QUALIFIED
21 VOTERS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SCHOOL
22 DISTRICT ELECTIONS CURRENTLY UNDER THE SUPERVISION OF A COUNTY BOARD OF
23 ELECTIONS PURSUANT TO SUBDIVISION NINE OR NINE-A OF SECTION TWENTY-FIVE
24 HUNDRED TWO OF THIS TITLE. THE SCHOOL AUTHORITIES SHALL COOPERATE WITH
25 THE COUNTY BOARDS OF ELECTION IN IMPLEMENTING THE PROVISIONS OF THIS
26 SECTION.
27 2. THE TRUSTEES OR BOARD OF EDUCATION MAY REQUEST THE COUNTY BOARD OF
28 ELECTIONS TO ASSUME ALL OR SOME OF THE FUNCTIONS, POWERS AND DUTIES
29 ASSIGNED TO THE TRUSTEES OR BOARD OF EDUCATION IN OVERSEEING OR ADMINIS-
30 TERING ELECTIONS PURSUANT TO THE PROVISIONS OF: SUBDIVISION FOUR OF
31 SECTION EIGHTEEN HUNDRED THREE-A, SUBDIVISIONS FOUR AND FIVE OF SECTION
32 NINETEEN HUNDRED SIX AND SECTIONS TWO THOUSAND FOURTEEN, TWO THOUSAND
33 SEVENTEEN, TWO THOUSAND EIGHTEEN-A, TWO THOUSAND EIGHTEEN-B, TWO THOU-
34 SAND EIGHTEEN-C, TWO THOUSAND NINETEEN-A, TWO THOUSAND TWENTY-FIVE, TWO
35 THOUSAND THIRTY, TWO THOUSAND THIRTY-FOUR, SUBDIVISION ONE OF SECTION
36 TWO THOUSAND THIRTY-FIVE (EXCEPT THE AUTHORITY TO AUTHORIZE THE PURCHASE
37 OF VOTING MACHINES) AND SECTIONS TWENTY-SIX HUNDRED FOUR, TWENTY-SIX
38 HUNDRED SIX, TWENTY-SIX HUNDRED SEVEN, TWENTY-SIX HUNDRED TEN,
39 TWENTY-SIX HUNDRED ELEVEN AND TWENTY-SIX HUNDRED THIRTEEN OF THIS TITLE
40 AND ANY OTHER PROVISION OF LAW RELATING TO THE REGISTRATION OF VOTERS OR
41 THE CASTING OR CANVASSING OF BALLOTS OR PROCEDURES AT DISTRICT MEETINGS.
42 THE MEMBERS OF THE COUNTY BOARD OF ELECTIONS AND ANY OF ITS OFFICERS OR
43 EMPLOYEES OR OTHER PERSONS APPOINTED OR ASSIGNED TO CARRY OUT THE DUTIES
44 OF TRUSTEES OR BOARD OF EDUCATION PURSUANT TO THIS SUBDIVISION SHALL BE
45 DEEMED TO BE SCHOOL DISTRICT OFFICERS OR EMPLOYEES FOR PURPOSES OF
46 SECTIONS THIRTY-EIGHT HUNDRED TEN, THIRTY-EIGHT HUNDRED ELEVEN, THIRTY-
47 EIGHT HUNDRED TWELVE AND THIRTY-EIGHT HUNDRED THIRTEEN OF THIS CHAPTER,
48 AND ANY OF THEIR ACTIONS OR OMISSIONS RELATING TO THE CONDUCT OF A
49 SCHOOL DISTRICT MEETING OR ELECTION SHALL BE DEEMED ACTIONS OR OMISSIONS
50 OF SCHOOL AUTHORITIES FOR PURPOSES OF SECTIONS THREE HUNDRED TEN AND TWO
51 THOUSAND THIRTY-SEVEN OF THIS CHAPTER.
52 3. THE TRUSTEES OR BOARD OF EDUCATION MAY ALSO REQUEST THE COUNTY
53 BOARD OF ELECTIONS TO APPOINT OR DESIGNATE, FOR EACH SCHOOL DISTRICT,
54 ONE OR MORE PERSONS TO CARRY OUT ALL THE FUNCTIONS, POWERS AND DUTIES
55 ASSIGNED TO THE DISTRICT CLERK OR A DESIGNEE UNDER THE PROVISIONS OF:
56 ARTICLE THIRTY-TWO OF THIS CHAPTER, SUBDIVISIONS FOUR AND FIVE OF
A. 7082 4
1 SECTION NINETEEN HUNDRED SIX, AND SECTIONS TWO THOUSAND FOURTEEN, TWO
2 THOUSAND FIFTEEN, TWO THOUSAND EIGHTEEN, TWO THOUSAND EIGHTEEN-A, TWO
3 THOUSAND EIGHTEEN-B, TWO THOUSAND EIGHTEEN-C, TWO THOUSAND TWENTY, TWO
4 THOUSAND TWENTY-FIVE, TWO THOUSAND TWENTY-NINE, TWO THOUSAND THIRTY-TWO,
5 TWO THOUSAND THIRTY-FOUR, TWENTY-SIX HUNDRED SIX, TWENTY-SIX HUNDRED
6 SEVEN, TWENTY-SIX HUNDRED EIGHT AND TWENTY-SIX HUNDRED TEN OF THIS TITLE
7 AND ANY OTHER PROVISION OF LAW RELATING TO FILING OF EXPENDITURE AND
8 CONTRIBUTION STATEMENTS OR NOMINATING PETITIONS, THE RECEIPT OR CANVASS-
9 ING OF BALLOTS OR RECORDING THE RESULTS OF THE VOTE. NOTWITHSTANDING ANY
10 OTHER PROVISION OF LAW, SUCH PERSONS SHALL NOT BE REQUIRED TO BE RESI-
11 DENTS OF THE SCHOOL DISTRICT. ANY OFFICERS OR EMPLOYEES OF THE COUNTY
12 BOARD OF ELECTIONS OR OTHER PERSONS SO APPOINTED OR DESIGNATED TO CARRY
13 OUT THE DUTIES OF A DISTRICT CLERK PURSUANT TO THIS SUBDIVISION SHALL BE
14 DEEMED TO BE SCHOOL DISTRICT OFFICERS OR EMPLOYEES FOR PURPOSES OF
15 SECTIONS THIRTY-EIGHT HUNDRED TEN, THIRTY-EIGHT HUNDRED ELEVEN, THIRTY-
16 EIGHT HUNDRED TWELVE AND THIRTY-EIGHT HUNDRED THIRTEEN OF THIS CHAPTER,
17 AND ANY OF THEIR ACTIONS OR OMISSIONS RELATING TO THE CONDUCT OF A
18 SCHOOL DISTRICT MEETING OR ELECTION SHALL BE DEEMED ACTIONS OR OMISSIONS
19 OF SCHOOL AUTHORITIES FOR PURPOSES OF SECTIONS THREE HUNDRED TEN AND TWO
20 THOUSAND THIRTY-SEVEN OF THIS CHAPTER.
21 4. THE COUNTY BOARD OF ELECTIONS SHALL NOTIFY THE TRUSTEES OR BOARD OF
22 EDUCATION OF EACH SCHOOL DISTRICT OF THE ADDRESS OF ANY PERSON OR
23 PERSONS APPOINTED OR DESIGNATED TO SERVE AS DISTRICT CLERK PURSUANT TO
24 SUBDIVISION THREE OF THIS SECTION AT WHICH EXPENDITURE STATEMENTS, NOMI-
25 NATING PETITIONS, APPLICATIONS FOR ABSENTEE BALLOTS AND OTHER DOCUMENTS
26 RELATING TO SCHOOL DISTRICT MEETINGS OR ELECTIONS MUST BE FILED. THE
27 FIRST SUCH NOTICE SHALL BE PROVIDED AT LEAST SIXTY DAYS PRECEDING THE
28 FIRST ANNUAL MEETING AT WHICH SUCH PERSON WILL SERVE AS DISTRICT CLERK.
29 THE COUNTY BOARD OF ELECTIONS SHALL NOTIFY AFFECTED SCHOOL DISTRICTS AT
30 LEAST SEVEN DAYS IN ADVANCE OF ANY SUBSEQUENT CHANGE IN SUCH ADDRESS.
31 THE COUNTY BOARD OF ELECTIONS MAY TERMINATE SUCH APPOINTMENT OR DESIG-
32 NATION PRIOR TO ANY ANNUAL DISTRICT MEETING OR ELECTION, UPON AT LEAST
33 NINETY DAYS NOTICE TO THE TRUSTEES OR BOARD OF EDUCATION. IT SHALL BE
34 THE DUTY OF THE TRUSTEES OR BOARD OF EDUCATION TO INCLUDE SUCH ADDRESS
35 IN THE NOTICE OF ANY ANNUAL OR SPECIAL DISTRICT MEETING OR ELECTION HELD
36 ON OR AFTER THE SECOND TUESDAY IN MAY, TWO THOUSAND THIRTEEN.
37 5. EACH COUNTY BOARD OF ELECTIONS, IN CONSULTATION WITH THE TRUSTEES
38 OR BOARD OF EDUCATION OF SCHOOL DISTRICTS WITHIN THEIR JURISDICTION,
39 SHALL DEVELOP RECOMMENDATIONS TO EXPAND THE NUMBER AND ENHANCE THE
40 ACCESSIBILITY OF POLLING PLACES WITHIN THE SCHOOL DISTRICT FOR CONDUCT-
41 ING SCHOOL DISTRICT MEETINGS AND ELECTIONS TO BE COMPARABLE TO THE
42 NUMBER AND ACCESSIBILITY OF POLLING PLACES FOR THE GENERAL ELECTION.
43 SUCH PLAN MAY CALL FOR ESTABLISHMENT OR MODIFICATION OF ELECTION
44 DISTRICTS OR THE CONDUCT OF THE VOTE IN MULTIPLE LOCATIONS IN A SCHOOL
45 DISTRICT THAT IS NOT DIVIDED INTO ELECTION DISTRICTS. EACH COUNTY BOARD
46 OF ELECTIONS SHALL SUBMIT SUCH RECOMMENDATIONS TO THE DISTRICT AND TO
47 THE DEPARTMENT BY THE TWENTY-EIGHTH DAY OF FEBRUARY, TWO THOUSAND THIR-
48 TEEN.
49 6. NO SCHOOL DISTRICT OFFICER OR EMPLOYEE, OR CANDIDATE FOR A POSITION
50 AS A SCHOOL DISTRICT OFFICER, SHALL BE ELIGIBLE FOR APPOINTMENT OR
51 DESIGNATION BY A COUNTY BOARD OF ELECTIONS PURSUANT TO SUBDIVISION ONE
52 OR TWO OF THIS SECTION OR TO SERVE AS AN ELECTION INSPECTOR, A MEMBER OF
53 A BOARD OF REGISTRATION, OR A POLL CLERK WITHIN THE MEANING OF SECTION
54 TWO THOUSAND NINETEEN-A OF THIS ARTICLE, IN A SCHOOL DISTRICT MEETING OR
55 ELECTION CONDUCTED FOR THE SCHOOL DISTRICT IN WHICH HE OR SHE IS AN
A. 7082 5
1 OFFICER OR EMPLOYEE OR A CANDIDATE FOR A POSITION AS A SCHOOL DISTRICT
2 OFFICER.
3 7. ANY COSTS INCURRED BY A COUNTY BOARD OF ELECTIONS CARRYING OUT THE
4 REQUIREMENTS OF THIS SECTION SHALL BE A CHARGE UPON THE SCHOOL DISTRICT
5 FOR WHICH THE DISTRICT MEETING OR ELECTION IS HELD.
6 8. THE PROVISIONS OF THIS SECTION SHALL APPLY TO A DISTRICT MEETING OR
7 ELECTION CONDUCTED BY A SCHOOL DISTRICT ON BEHALF OF A SCHOOL DISTRICT
8 PUBLIC LIBRARY PURSUANT TO SUBDIVISION TEN OF SECTION TWO HUNDRED SIXTY
9 OF THIS CHAPTER, BUT SHALL NOT APPLY TO A MEETING OR ELECTION CONDUCTED
10 BY THE TRUSTEES OF A PUBLIC LIBRARY OR LIBRARY DISTRICT.
11 S 5. Paragraph b of subdivision 2 of section 2019-a of the education
12 law, as added by chapter 474 of the laws of 1977, is amended to read as
13 follows:
14 b. The board of education shall designate [itself or such of its
15 employees] SUCH QUALIFIED VOTERS OF THE SCHOOL DISTRICT as it shall deem
16 appropriate as a set of poll clerks to cast and canvass such ballots,
17 and fix a time and place for their meeting for such purposes, provided
18 that such meeting shall be no more than ten days after any election at
19 which such ballots are voted. The board may designate additional sets of
20 poll clerks and if it designates more than one such set, shall apportion
21 among all such sets the election districts from which such ballots have
22 been received, provided that all such ballots from a single election
23 district shall be assigned to a single set of clerks. Each such set of
24 clerks shall be deemed a central board of inspectors for purposes of
25 this section.
26 S 6. This act shall take effect on the first of July next succeeding
27 the date on which it shall have become a law.
