Senate Bill S5494

                                 BILL NUMBER:  S5494

 TITLE OF BILL :  An act to amend the education law, in relation to
school session days

 PURPOSE :  This bill amends Education Law section 3604 subdivision 8
to eliminate the prohibition therein barring school closings on the
general election day.

 SUMMARY OF PROVISIONS :  Section 1: Repeals the provision in
Education Law section 3604 subdivision 8, which bars schools from
being in session on Saturdays and legal holidays, but exempts general
election day from that prohibition.

Section 2: Provides for the Act to take effect immediately.

 JUSTIFICATION :  The need for suitable poll sites, especially
disabled accessible ones, has never been greater. Throughout the state
new ballot marking devices and optical scan voting machines that are
accessible to those with disabilities have been replacing, and will
soon completely replace the lever machines. However, while these new
systems are disabled accessible, all poll sites are not.

The new voting systems and their ability to handle multiple ballot
types and election districts will require a reconfiguration of
election districts and poll sites to maximize the efficient use of the
              

new machines. Schools are ideal poll sites because they are public
buildings, are usually accessible to the disabled and have ample
parking. Election Law section 4-104.3 reflects a preference for using
schools as poll sites by stating that "a building exempt form taxation
shall be used whenever possible as a polling place if it is situated
in the same or a contiguous election district and, and may contain as
many distinctly separate polling places as public convenience may
require." The expense, if any, incidental to its use shall be paid
like the expense of other places for registration and voting.

If the board or body empowered to designate polling places chooses a
public school building for such purposes, the board or agency which
controls such building must make available a room or rooms in such
building which are suitable for registration and voting, and which are
as close as possible to a convenient entrance to such building and
accessible to the physically disabled.

However, the use of schools for poll sites when school is in session
can and often does disrupt the usual schedule and operations of the
entire school day, as well as the instruction occurring in the
classrooms. And, increased concerns about the safety of the children
at the schools makes school officials reluctant to open up their
buildings for a public use while children are present. It also reduces
available parking when school is in session on election day.

By allowing the schools to be closed on election day, locally or
statewide, as they currently are in New York City, this bill would
increase the availability of accessible public buildings for poll
sites while causing minimal disruption to a school and no security
risk for students. ow in th schoolsr at isturbs the processes found in
Election Law section 8-310 are outdated and no longer serve the needs
of elections administrators and election day workers.

Amending section 8-312 by adding a new subdivision 6 authorizes the
State Board of Elections to promulgate and modify regulations as
necessary as new voting systems are deployed throughout the state.
This will ensure common practices across the State, including with
respect to ballot accountability, security and chain of custody.

 LEGISLATIVE HISTORY :  None
 FISCAL IMPLICATIONS :  None to the State.

 LOCAL FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE :  Immediately.