S T A T E O F N E W Y O R K
________________________________________________________________________
7445
2009-2010 Regular Sessions
I N A S S E M B L Y
April 6, 2009
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law and the education law, in relation to
supervision of school board elections by the board of election
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1-102 of the election law, as amended by chapter
727 of the laws of 1991, is amended to read as follows:
S 1-102. Applicability of chapter. This chapter shall govern the
conduct of all elections at which voters of the state of New York may
cast a ballot for the purpose of electing an individual to any party
position or nominating or electing an individual to any federal, state,
county, city, town [or], village OR SCHOOL BOARD office, or deciding any
AND ALL ballot [question] QUESTIONS AND/OR BUDGET REFERENDUM submitted
to all the voters of the state or the voters of any county or city, or
deciding any ballot question submitted to the voters of any town or
village at the time of a general election. Where a specific provision of
law exists in any other law which is inconsistent with the provisions of
this chapter, such provision shall apply unless a provision of this
chapter specifies that such provision of this chapter shall apply
notwithstanding any other provision of law.
S 2. Section 3-102 of the election law is amended by adding a new
subdivision 9-B to read as follows:
9-B. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE
COMMISSIONER OF EDUCATION, PROVIDING FOR THE SUPERVISION BY THE BOARDS
OF ELECTIONS OF SCHOOL BOARD MEMBERS;
S 3. Section 1602 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. EVERY ELECTION OF A TRUSTEE OR TRUSTEES PURSUANT TO THIS SECTION
SHALL BE SUBJECT TO THE SUPERVISION OF THE BOARD OF ELECTIONS, AS
DEFINED IN SECTION 1-104 OF THE ELECTION LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09469-01-9
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S 4. Section 1702 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. EVERY ELECTION CONDUCTED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO THE SUPERVISION OF THE BOARD OF ELECTIONS, AS DEFINED IN SECTION
1-104 OF THE ELECTION LAW.
S 5. Subdivision 3 of section 1703 of the education law, as amended by
chapter 797 of the laws of 1957, is amended to read as follows:
3. The additional members first elected shall be elected at a special
meeting which shall be called by the board and be held not less than
thirty nor more than sixty days following the annual meeting at which
the number was increased, and pending the first election of such addi-
tional members no vacancy shall be deemed to exist in the offices there-
of except for the purpose of filling the same by election, notwithstand-
ing any inconsistent provision of any law. EVERY ELECTION CONDUCTED
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE SUPERVISION OF THE
BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW.
S 6. Subdivision 4 of section 1804 of the education law, as amended by
section 1 of part M of chapter 57 of the laws of 2005, is amended to
read as follows:
4. The annual meeting and election in each central school district
shall be held on the third Tuesday of May provided, however that such
annual meeting and election shall be held on the second Tuesday in May
if the commissioner at the request of a local school board certifies no
later than March first that such election would conflict with religious
observances, and any school budget revote shall be held on the date
specified in subdivision three of section two thousand seven of this
title. Such annual meeting and school budget revote shall be conducted
and the election of members of the board shall be held in the same
manner as in union free school districts organized and operating under
the provisions of this chapter, INCLUDING SUPERVISION OF SUCH ELECTION
BY THE BOARD OF ELECTIONS. The board of education of each central school
district shall hold a budget hearing not less than seven nor more than
fourteen days prior to the annual or special district meeting at which a
school budget vote will occur, and shall prepare and present to the
voters at such budget hearing a proposed school district budget for the
ensuing school year.
S 7. The education law is amended by adding a new section 2029-a to
read as follows:
S 2029-A. SUPERVISION OF ELECTION OF TRUSTEES AND MEMBERS OF BOARD OF
EDUCATION. EVERY ELECTION FOR THE OFFICE OF TRUSTEE OR MEMBER OF THE
BOARD OF EDUCATION SHALL BE SUBJECT TO THE SUPERVISION OF THE BOARD OF
ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW.
S 8. Subdivision 2 of section 2502 of the education law, as amended by
chapter 698 of the laws of 1989, is amended to read as follows:
2. Each board of education shall consist of five, seven or nine
members, to be known as members of the board of education. In the city
of Albany, such board shall consist of seven members; and in the city of
Rensselaer, such board shall consist of five members; subject, however,
to any increase or decrease of the number of members of such board as
provided pursuant to the provisions of paragraph a of subdivision four
of this section. Members of such board shall be elected by the qualified
voters at large of the school district at annual school elections, under
the provisions of article fifty-three of this chapter except in the city
school district of the city of Albany; provided, however, each board of
education may upon its own motion, and shall upon a written petition,
subscribed by not less than five hundred qualified voters of the
A. 7445 3
district, cause to be submitted at the annual school election a proposi-
tion to consider each vacancy upon the board of education a separate
specific office requiring a separate petition to nominate a candidate to
each separate office in accordance with the provisions of article
fifty-three of this chapter. EVERY ELECTION OF A MEMBER OF A BOARD OF
EDUCATION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE SUPERVISION
OF THE BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION
LAW.
S 9. Subdivision 1 of section 2553 of the education law, as separately
amended by chapters 211 and 441 of the laws of 1980, is amended to read
as follows:
1. No person shall be eligible to the office of member of a board of
education who is not a citizen of the United States, who is not quali-
fied to register for or vote at an election in accordance with the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of the city school district for which he is chosen for a period of at
least three years immediately preceding the date of his election or
appointment and who, in the case of the city school district of the city
of Buffalo, in the case of a member to be elected at large is not a
qualified voter of such city school district and who has not been a
resident of such district for a period of at least three years imme-
diately preceding the date of his election and in the case of a member
elected from a city school subdistrict is not a qualified voter of such
city school subdistrict and has not been a resident of the city school
district for three years and a resident of the city school subdistrict
which he represents or seeks to represent for a period of one year imme-
diately preceding the date of his election, and who, in the case of the
city school district of the city of Rochester, is not a qualified voter
under section 5-102 of the election law of such city school district;
and who in the case of the city school district of the city of Syracuse
has not been a qualified voter under section 5-102 of the election law
of such city school district for at least ninety days immediately
preceding the date of his election or appointment. EVERY ELECTION OF A
MEMBER OF A BOARD OF EDUCATION PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO THE SUPERVISION OF THE BOARD OF ELECTIONS, AS DEFINED IN SECTION
1-104 OF THE ELECTION LAW.
S 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be promulgated, amended or repealed on or before
such date.