Bill Text: NY S07233 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Empowers the commissioner of education to declare a disaster has substantially impacted an annual meeting and election and to allow school boards to set an additional day for voting if less than eight percent of registered voters cast ballots as a direct consequence of a disaster.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-05 - referred to ways and means [S07233 Detail]

Download: New_York-2023-S07233-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7233

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education

        AN ACT to amend the education law, in relation to empowering the commis-
          sioner of education to declare a disaster has substantially impacted a
          school board or school budget election and to allow school  boards  to
          set an additional day for voting

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 2022-a
     2  to read as follows:
     3    § 2022-a. Disaster; additional day for voting.  1. For the purposes of
     4  this section: a. the term "disaster"  shall  mean  a  fire,  earthquake,
     5  tornado,  hurricane,  storm,  cyberattack, flood, high water, landslide,
     6  snowstorm, explosion, power failure, nuclear or chemical  contamination,
     7  act  of  sabotage,  enemy  attack, contagious disease outbreak, or other
     8  event which results in substantial damage to property, hardship, suffer-
     9  ing, or possible or actual loss of life.
    10    b. the term "affected district" shall mean any district for which  the
    11  commissioner has issued a disaster determination pursuant to subdivision
    12  two of this section.
    13    2. The commissioner, with respect to any school board or school budget
    14  elections  conducted  within  the  state,  either  at the request of the
    15  school board or by the commissioner's own judgement, may determine that,
    16  as the direct consequence of a disaster, less than ten per centum of the
    17  registered voters of any common, central, central high, union  free,  or
    18  city  school district, actually voted in such election or elections. The
    19  commissioner shall notify each affected district, and each county  board
    20  of  elections  of  each county in which an affected district is located,
    21  that an additional day of voting shall be held, which notice shall show:
    22  the nature of the disaster; the school district  or  districts  affected
    23  thereby;  the  number of persons duly registered to vote therein at such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10706-01-3
        S. 7233                             2

     1  school board or school budget election; and the number  of  persons  who
     2  voted therein at such school board or school budget election.
     3    3.  a.  The  school  board  for each affected district, by resolution,
     4  shall thereafter set a date for an  additional  day  for  voting,  which
     5  shall  not  be  less  than  seven days after nor more than fourteen days
     6  after the original date of the school district or school budget election
     7  except as provided in paragraphs c and d of this subdivision, and  shall
     8  determine  the  hours  during  which the polls shall remain open on such
     9  additional day for voting; provided, however,  that  in  any  event  the
    10  polls shall remain open for not less than eleven hours.
    11    b.  The clerk of the school board of each affected district shall: (i)
    12  cause the resolution to be mailed to each county board of elections with
    13  jurisdiction over all or part of the school district by overnight deliv-
    14  ery, return receipt requested, (ii) publish notice of the  date  of  the
    15  additional  day of voting not less than twice in each week preceding the
    16  date for the additional day for voting, in two newspapers having general
    17  circulation within such district if there are two, or in  one  newspaper
    18  if  there  is  only  one, (iii) notify all qualified voters by mail, and
    19  such notice shall also direct attention to any change of polling places,
    20  the original notice of disaster determination from the  commissioner  of
    21  education,  and  contain such other and additional information as in the
    22  judgment of the school board shall be necessary and proper,  (iv)  cause
    23  notice  of the date of the additional day of voting to be made available
    24  on the district's website, if one exists.
    25    c. If the school board for an affected district determines, by  resol-
    26  ution, that it would not be feasible to hold an additional day of voting
    27  within the timelines established in this section, the board shall inform
    28  the  commissioner  of  education,  who  shall  extend only as long as is
    29  necessary the ability of the board to determine the date  for  an  addi-
    30  tional  day  of  voting, except pursuant to paragraph d of this subdivi-
    31  sion.
    32    d. Where a school district  budget  has  been  resubmitted  to  voters
    33  pursuant to section two thousand twenty-three-a or two thousand seven of
    34  this  part,  the  provisions  of  paragraph  b of this subdivision shall
    35  apply, and:  (i) if there is a disaster on the original day  of  voting,
    36  and  pursuant  to  a  disaster  determination  by  the  commissioner the
    37  district has scheduled an additional day of voting, and after the  addi-
    38  tional  day  of  voting  the proposed budget fails, school districts may
    39  resubmit their budget to voters on the third Tuesday in  June,  pursuant
    40  to  either  section two thousand twenty-three-a or two thousand seven of
    41  this part, (ii) if there is no disaster on the original day  of  voting,
    42  but  a disaster instead on the date of the resubmission of the budget to
    43  voters pursuant to either section two  thousand  twenty-three-a  or  two
    44  thousand  seven  of  this  part,  the  commissioner may issue a disaster
    45  determination pursuant to subdivision two of this  section,  upon  which
    46  the  district shall hold an additional day of voting no sooner than five
    47  days after the resubmission vote, but no later than the last day of  the
    48  month of June.
    49    4.  Official  ballots shall be provided at public expense, pursuant to
    50  subdivision eighteen of section thirty-six  hundred  forty-one  of  this
    51  chapter, at each polling place for such additional day of voting. In any
    52  election  district  in which voting machines were used upon the original
    53  day of voting, they shall be used for the additional day for voting. The
    54  original seal on such machines  shall  not  be  removed  nor  shall  the
    55  machines  be  unlocked  until the opening of the polls on the additional
    56  day for voting and the board of elections shall  provide  an  additional
        S. 7233                             3

     1  seal  to  be  used  as  soon as the polls are closed on such day. County
     2  boards of elections  which  have  provided  voting  machines  to  school
     3  districts  for  original  days  of voting shall continue to provide such
     4  voting machines until the additional day of voting is complete.
     5    5.  Only those persons qualified to vote upon the original date of the
     6  school district election who did not vote on such date shall be entitled
     7  to vote on the additional day for voting. Voting on the  additional  day
     8  provided  for in this section shall be accomplished solely by physically
     9  appearing at the polling place, and nothing contained  in  this  section
    10  shall be construed to extend the time set by law for casting or canvass-
    11  ing  an  absentee,  military, or special ballot; provided, however, that
    12  nothing contained herein shall be deemed  to  invalidate  any  absentee,
    13  military,  or  special  ballot duly received on the original date of the
    14  general election.
    15    § 2. Section 3641 of the education law is  amended  by  adding  a  new
    16  subdivision 18 to read as follows:
    17    18. School election disaster fund. a. For the purpose of this subdivi-
    18  sion: (1) The term "eligible school district" shall mean a common, union
    19  free,  central,  central  high  school, or city school district that has
    20  conducted an additional day of voting following a disaster determination
    21  by the commissioner pursuant to section  two  thousand  twenty-two-a  of
    22  this chapter.
    23    (2)  The term "all actual costs associated with administering an addi-
    24  tional day  of  elections"  shall  mean  all  costs  borne  by  eligible
    25  districts  directly  associated  with administering an additional day of
    26  voting, including: (i) wages for poll workers and other staff associated
    27  with the additional day of voting, (ii) postage, printing,  and  mailing
    28  costs  to  provide  notice of the date of the additional election day to
    29  eligible voters, (iii) costs of publishing notice in one or more newspa-
    30  pers of the date of the additional election day, (iv)  costs  of  trans-
    31  porting voters to polling locations on the additional day of voting, (v)
    32  costs  associated  with  maintaining  a polling place for the additional
    33  time, (vi) costs for addressing damage to polling  locations  caused  by
    34  the disaster, (vii) rental and other costs due to the additional time of
    35  maintaining  the  voting  machine,  (viii)  necessary purchase of voting
    36  machines due to damage done to other voting machines as a result of  the
    37  disaster, (ix) printing and furnishing of ballots for the additional day
    38  of  voting, (x) all other costs as the commissioner shall deem appropri-
    39  ate.
    40    b. Within the amount appropriated  for  such  purpose,  subject  to  a
    41  request  for  funds  developed  by  the commissioner and approved by the
    42  director of the budget, the commissioner shall disburse monies to eligi-
    43  ble school districts from the school election disaster fund pursuant  to
    44  this  subdivision, beginning in the two thousand twenty-three--two thou-
    45  sand twenty-four school year, to reimburse eligible school districts for
    46  all actual costs associated with  administering  an  additional  day  of
    47  elections.
    48    (1) For a three-month period following their day of additional voting,
    49  eligible school districts may submit an application to the commissioner,
    50  in  a form and manner prescribed by the commissioner, to request funding
    51  pursuant to this subdivision. The commissioner may  determine  that,  as
    52  the direct consequence of the disaster for which the commissioner issued
    53  a  disaster  determination pursuant to section two thousand twenty-two-a
    54  of this chapter, that an eligible school district's ability  to  make  a
    55  filing  with respect to this subdivision is substantially impaired. Upon
        S. 7233                             4

     1  making such a finding, the commissioner shall extend  for  a  reasonable
     2  time the period for making such filing.
     3    (2)  The  commissioner  shall  make  available  such application on or
     4  before May fifteenth of the preceding school year.
     5    (3) Monies from the school election disaster fund shall  be  allocated
     6  upon approval of applications by the commissioner.
     7    (4)  Applications submitted by eligible school districts shall include
     8  information required by the commissioner, including  a  showing  of  all
     9  actual   costs  associated  with  administering  an  additional  day  of
    10  elections.
    11    (5) Notwithstanding any  other  provision  of  law  to  the  contrary,
    12  disbursements  pursuant to this subdivision shall be in addition to, and
    13  in no way shall replace, reduce, or alter any other funds, aid,  grants,
    14  or  other  monies  received by eligible school districts from the state,
    15  including for the purposes of foundation aid.
    16    § 3. This act shall take effect immediately.