Assembly Bill A9144

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9144
 
                           I N  A S S E M B L Y
 
                             January 23, 2020
                                ___________
 
 Introduced  by  M. of A. BARRETT, O'DONNELL -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation to school district voting
   eligibility
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2012 of the education law, as amended by chapter
 1169 of the laws of 1971, subdivision 2 as amended by chapter 115 of the
 laws of 1973, subdivision 4 as added by chapter 441 of the laws of 1980,
 and the closing paragraph as amended by chapter 919 of the laws of 1974,
 is amended to read as follows:
   § 2012. Qualifications of voters at district  meetings.  1.  A  person
 shall  be  entitled  to  vote  at any school meeting or election for the
 election of school district officers, and upon all other  matters  which
 may  be  brought  before such meeting or election, who is: [1.  A] (I) A
 citizen of the United States[.
   2. Eighteen years of age.
   3. A], (II) EIGHTEEN YEARS OF AGE, AND (III)  A  resident  within  the
 district  for  a  period  of  thirty  days next preceding the meeting or
 election at which [he] SUCH PERSON offers to vote.
   [4.] 2. FOR THE PURPOSES OF THIS SECTION, ANY PERSON ENTITLED TO  VOTE
 IN  ACCORDANCE  WITH SECTION 5-102 OF THE ELECTION LAW SHALL BE ENTITLED
 TO VOTE AT ANY SCHOOL MEETING OR ELECTION  IN  THE  SCHOOL  DISTRICT  IN
 WHICH  THEY RESIDE, NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE
 CONTRARY.
   3. No person shall have the right to  register  for  or  vote  at  any
 school meeting or election who would not be qualified to register for or
 vote  at  an election in accordance with the provisions of section 5-106
 of the election law.
   No person shall be deemed to be ineligible to vote at any such meeting
 or election, by reason of sex, who has the other qualifications required
 by this section; and notwithstanding the foregoing  provisions  of  this
 section,  no  Indian eighteen years of age or over who, having been born
 in the United States to a member of an  Indian  tribe,  or  having  been
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14840-01-0

 A. 9144                             2
 
 naturalized  or otherwise acquired citizenship, shall have resided on an
 Indian reservation in the state for a period of thirty days next preced-
 ing the meeting or election at which he offers to vote or the spouse  of
 such  Indian  shall  be deemed ineligible to vote at any such meeting or
 election of the school district where the majority, as determined by the
 commissioner, of the Indian  children  of  such  reservation  are  being
 educated  under a contract pursuant to subdivision two of section forty-
 one hundred one of this chapter, except that the parents or guardians of
 Indian children of such  reservation  who  are  being  educated  in  the
 schools of a district other than the district which educates the majori-
 ty  of  such  children,  shall  be eligible to vote only in the district
 where their children are being so educated.
   § 2. Section 2018-c of the education law, as added by chapter  775  of
 the  laws of 1990, as renumbered by chapter 509 of the laws of 1991, and
 subdivision a as amended by chapter 509 of the laws of 1991, is  amended
 to read as follows:
   § 2018-c. Additional voting procedures.  [a.] 1. A school district may
 require  all  persons offering to vote at any school district meeting or
 election for which registration is not required, to provide one form  of
 proof of residency. [Such form, to be determined by the school district,
 may]  ACCEPTABLE  FORMS  include[,  but  is  not  limited to, a driver's
 license, a non-driver identification card, a utility bill,  or  a  voter
 registration  card]: (I) A DRIVER'S LICENSE OR DEPARTMENT OF MOTOR VEHI-
 CLES NON-DRIVER PHOTO ID CARD OR OTHER CURRENT AND VALID PHOTO IDENTIFI-
 CATION, OR (II) A CURRENT UTILITY BILL, BANK STATEMENT, PAYCHECK,  VOTER
 REGISTRATION  CARD,  GOVERNMENT CHECK, OR OTHER GOVERNMENT DOCUMENT THAT
 SHOWS THE NAME AND ADDRESS OF THE VOTER.  Upon offer of proof  of  resi-
 dency,  a  school district may also require all persons offering to vote
 to provide their signature, printed name, and address.
   [b.] 2. As an alternative to voting procedures provided for in section
 twenty hundred fourteen of this article and subdivision [a] ONE of  this
 section,  a  school district may require all persons offering to vote at
 any school district meeting or  election  to  provide  their  signature,
 printed name, and address.
   § 3. This act shall take effect immediately.