S T A T E   O F   N E W   Y O R K
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                                   297

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  KAVANAGH  --  Multi-Sponsored by -- M. of A.
  CORWIN, SALADINO --  read  once  and  referred  to  the  Committee  on
  Election Law

AN  ACT to amend the election law, the education law and the county law,
  in relation to the conduct of school board elections by the  board  of
  elections

  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 CONDUCT AND SUPERVISION  OF
ELECTION OF SCHOOL BOARD MEMBERS OR TRUSTEES BY THE BOARD OF ELECTIONS;
  S  3.  Section  1602  of  the education law is amended by adding a new
subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02179-01-3

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  4. THE ELECTION OF TRUSTEES PURSUANT TO THIS SECTION MAY BE  CONDUCTED
BY  AND SUBJECT TO THE SUPERVISION OF THE BOARD OF ELECTIONS, AS DEFINED
IN SECTION 1-104 OF THE ELECTION LAW, UPON THE PASSAGE OF  A  RESOLUTION
BY THE BOARD OF TRUSTEES.
  S  4.  Section  1702  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4. AN ELECTION PURSUANT TO  THIS  SECTION  MAY  BE  CONDUCTED  BY  AND
SUBJECT  TO  THE  SUPERVISION  OF  THE BOARD OF ELECTIONS, AS DEFINED IN
SECTION 1-104 OF THE ELECTION LAW UPON THE PASSAGE OF  A  RESOLUTION  BY
THE SCHOOL BOARD.
  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. AN ELECTION PURSUANT TO THIS
SECTION MAY BE CONDUCTED BY AND SUBJECT TO THE SUPERVISION OF THE  BOARD
OF  ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW, UPON THE
PASSAGE OF A RESOLUTION BY THE SCHOOL BOARD.
  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 THE CONDUCT AND SUPERVISION OF
SUCH  ELECTION  BY  THE  BOARD OF ELECTIONS WHERE THE BOARD HAS PASSED A
RESOLUTION PROVIDING THEREFOR.  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  2022-a  to
read as follows:
  S  2022-A. CONDUCT OF ELECTION OF TRUSTEES AND MEMBERS OF THE BOARD OF
EDUCATION. UPON THE PASSAGE OF A RESOLUTION BY THE BOARD OF EDUCATION OR
TRUSTEES PROVIDING THEREFOR, ELECTIONS FOR  THE  OFFICE  OF  TRUSTEE  OR
MEMBER  OF THE BOARD OF EDUCATION MAY BE CONDUCTED BY AND 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

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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
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.  AN ELECTION PURSUANT TO THIS  SECTION  MAY
BE  CONDUCTED  BY  AND  SUBJECT  TO  THE  SUPERVISION  OF  THE  BOARD OF
ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE  ELECTION  LAW,  UPON  THE
PASSAGE OF A RESOLUTION BY THE SCHOOL BOARD.
  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.  AN ELECTION PURSUANT
TO THIS SECTION MAY BE CONDUCTED BY AND SUBJECT TO  THE  SUPERVISION  OF
THE BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW,
UPON THE PASSAGE OF A RESOLUTION BY THE SCHOOL BOARD.
  S  10.  Section  361-a of the county law, as amended by chapter 359 of
the laws of 1989, is amended to read as follows:
  S 361-a. Expenses of boards of elections outside New York City; appor-
tionment of. The board of elections in each county, outside of the  city
of  New York, on or before the fifteenth day of December and not earlier
than the first day of October, in each year, shall certify to the  clerk
of  the legislative body of the county, the total amount of the expenses
of such board of elections, including salaries for the  preceding  year,
and, if the legislative body of any county shall so direct, shall certi-
fy to such clerk the portions of such expenses which under provisions of

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law are to be borne by any city or cities in said county and the portion
thereof  which  is to be borne by the rest of such county and such clerk
shall thereupon notify the proper local official or officials,  who,  in
spreading  upon  the  assessment-rolls  the  taxes to be levied upon the
taxable property in the city or any such cities, and in the rest of  the
county,  shall  include in the amount so spread the amounts certified by
the board of elections to be borne by such city or cities, respectively,
and in the amount spread upon the assessment-rolls of the taxable  prop-
erty in the several towns or other political subdivisions of the rest of
the  county  the  amount  so  certified by said board of elections to be
borne by such towns or political subdivisions respectively. Whenever any
additional expenses either for salaries or supplies in addition  to  the
regular  county-wide  primary  and  election  expenses are incurred by a
board of elections incidental to any election in any city, town,  SCHOOL
DISTRICT or village, such board of elections shall certify to the county
legislative  body  a detailed statement of such expenses and said county
legislative body may cause the amount thereof to be levied against  such
city, town, SCHOOL DISTRICT or village or may certify the amount thereof
to  such  city,  town,  SCHOOL  DISTRICT or village and such city, town,
SCHOOL DISTRICT or village shall upon such  certification,  include  the
amount  so  certified  in the next budget and tax levy and shall pay the
same to the county.
  S 11. 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.