S T A T E O F N E W Y O R K
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4853
2021-2022 Regular Sessions
I N S E N A T E
February 16, 2021
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Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to providing public
school districts the authority to decline or change a school
building's designation as a polling location
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2002 of the education law, as
amended by section 5 of part C of chapter 58 of the laws of 1998, is
amended to read as follows:
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 reli-
gious 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 at seven-thirty o'clock in the evening 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 qual-
ified 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 one schoolhouse, it shall be held in the
one usually employed for that purpose, unless the trustees or board of
education designate another, provided that if the school district is
divided into election districts such annual meeting and election shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09202-01-1
S. 4853 2
be held at such place in each election district as the board of educa-
tion may designate. If BY RESOLUTION OF THE TRUSTEES OR BOARD OF EDUCA-
TION the district [possesses no schoolhouse, or if the schoolhouse shall
not be accessible or adequate, then the] ELECTS TO DESIGNATE A PUBLICLY
ACCESSIBLE LOCATION WITHIN DISTRICT BOUNDARIES THAT IS NOT A SCHOOL
BUILDING FOR PURPOSES OF CONDUCTING THE ANNUAL MEETING AND ELECTION,
SUCH 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. Section 2604 of the education law, as amended by chapter 741 of
the laws of 1954, is amended to read as follows:
§ 2604. Division of city school district into school election
districts; elections held in schoolhouses. The board of education of
each city school district shall adopt a resolution on or before the
first day of April, preceding the first annual school election held
hereunder, dividing the city school district into school election
districts. The city school district shall be so divided that if circum-
stances will permit, school election districts will be coterminous with
one or more general election districts, and that, if practicable, there
shall be a schoolhouse in each election district. The election
districts thus formed shall continue in existence until modified by
resolution of the board of education. Such resolution shall accurately
describe the boundaries of such election districts by streets, alleys
and highways, when practicable. School elections shall be held in such
school election districts so far as may be possible in the public
schoolhouses therein[. If there is no public schoolhouse in a school
election district,]; PROVIDED, HOWEVER, the board of education [shall]
MAY by resolution designate [the place] A PUBLICLY ACCESSIBLE ALTERNA-
TIVE LOCATION where the election in such district shall be held.
Notwithstanding the foregoing provisions of this section, the board of
education of any city school district of a city of less than ten thou-
sand inhabitants may, by resolution, designate the entire city school
district as a single school district.
§ 3. This act shall take effect immediately.