S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5067
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced by M. of A. PAULIN, ENGLEBRIGHT, ABINANTI, BUTTENSCHON, CRUZ,
   GUNTHER,  JACOBSON,  DARLING, SAYEGH, STIRPE, ZEBROWSKI, ASHBY, BYRNE,
   DeSTEFANO, McDONOUGH, TAGUE, STECK, JEAN-PIERRE -- Multi-Sponsored  by
   --  M.  of  A.   BARCLAY, EPSTEIN, MANKTELOW, MIKULIN -- read once and
   referred to the Committee on Education

 AN ACT to amend the education law, in relation to the  location  of  the
   annual school district elections
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2002 of the education law, as  amended  by  chapter
 801 of the laws of 1953, subdivision 1 as amended by section 5 of part C
 of chapter 58 of the laws of 1998, is amended to read as follows:
   § 2002. Time  and  place  of annual meeting. 1. The annual meeting and
 election of each school district shall be held on the third  Tuesday  of
 May  in  each  year,  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.
 Unless  the  hour and place thereof shall have been fixed by a vote of a
 previous district meeting, the same shall be held in the schoolhouse, OR
 ANY BUILDING OWNED OR LEASED BY THE DISTRICT, at  seven-thirty  [o'clock
 in  the  evening]  P.M.  in  the  case  of a school district that is not
 divided into election districts and conducts its  election  or  vote  by
 recording the ayes or noes of the qualified voters attending, or, in the
 case of all other districts, during at least six consecutive hours after
 six  a.m.,  two  of which hours shall be after six p.m. as determined by
 resolution of the trustees or board  of  education,  provided,  however,
 that  the  trustees  or  board  of education of any school district that
 conducted its annual meeting at seven-thirty p.m.  in  nineteen  hundred
 ninety-seven  may  conduct  its  annual election and budget vote at such
 time in nineteen hundred ninety-eight. If a district possesses more than
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02043-01-1

 A. 5067                             2
 
 one schoolhouse OR BUILDING, OR LEASES MORE THAN ONE BUILDING, it  shall
 be  held  in the one usually employed for that purpose, unless the trus-
 tees or board of education  designate  another,  provided  that  if  the
 school  district  is divided into election districts such annual meeting
 and election shall be held at such place in each  election  district  as
 the  board  of  education  may  designate.  If the district possesses no
 schoolhouse OR BUILDING, OR DOES NOT LEASE A BUILDING, or if the school-
 house OR BUILDING shall not be accessible or adequate, then  the  annual
 meeting  and  election  shall  be  held at such place as the trustees or
 board of education, or the clerk, shall designate in the notice.
   2. THE USE OF ANY BUILDING OWNED OR LEASED BY A  SCHOOL  DISTRICT,  AS
 DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS SECTION, SHALL COMPLY WITH THE
 ACCESSIBILITY PROVISIONS SET OUT IN  SUBDIVISIONS  ONE-A  AND  ONE-B  OF
 SECTION 4-104 OF THE ELECTION LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.