S T A T E O F N E W Y O R K
________________________________________________________________________
2739
2023-2024 Regular Sessions
I N A S S E M B L Y
January 27, 2023
___________
Introduced by M. of A. PAULIN, BURDICK, SIMON -- read once and referred
to the Committee on Education
AN ACT to amend the education law and the election law, in relation to
extending the right to vote in school district elections to qualified
persons who are sixteen years of age; and to repeal certain provisions
of the election law in relation thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 and the closing paragraph of section 2012 of
the education law, subdivision 2 as amended by chapter 115 of the laws
of 1973, and the closing paragraph as amended by chapter 919 of the laws
of 1974, are amended to read as follows:
2. [Eighteen] SIXTEEN years of age.
5. 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] SIXTEEN years of age or over who,
having been born in the United States to a member of an Indian tribe, or
having been naturalized or otherwise acquired citizenship, shall have
resided on an Indian reservation in the state for a period of thirty
days next preceding 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 reserva-
tion 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 majority of such children, shall be eligible to vote only
in the district where their children are being so educated.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06204-01-3
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§ 2. Subdivision 2 of section 2603 of the education law, as amended by
chapter 115 of the laws of 1973, is amended to read as follows:
2. [Eighteen] SIXTEEN years of age.
§ 3. Paragraph b of subdivision 5 of section 2018-a of the education
law, as amended by section 8 of part LL of section 56 of the laws of
2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least [eighteen] SIXTEEN years of age, on the date of the school
district election; that I will have been a resident of this state and of
the school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and duly registered in the school district and school election
district, if any, shown on the reverse side of this envelope and that I
am or on such date will be, a qualified voter of said school district;
that I will be unable to appear personally on the day of said school
district election at the polling place of the said district in which I
am or will be a qualified voter because of the reason stated on my
application heretofore submitted; that I have not qualified, or do I
intend to vote, elsewhere than as set forth on the reverse side of this
envelope; that I have not received or offered, do not expect to receive,
have not paid, offered or promised to pay, contributed, offered or prom-
ised to contribute to another to be paid or used, any money or other
valuable thing, as a compensation or reward for the giving or withhold-
ing of a vote at this school district election, and have not made any
promise to influence the giving or withholding of any such votes; that I
have not made or become directly or indirectly interested in any bet or
wager depending upon the result of this school district election; and
that I have not been convicted of bribery or any infamous crime, or, if
so convicted, that I have been pardoned or restored to all the rights of
a citizen, without restriction as to the right of suffrage, or received
a certificate of relief from disabilities or a certificate of good
conduct pursuant to article twenty-three of the correction law removing
my disability to register and vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date.....................Signature of Voter ..........................
§ 4. Subparagraphs 1 and 2 of paragraph a of subdivision 2 of section
2018-b of the education law, as amended by chapter 60 of the laws of
2021, are amended to read as follows:
(1) [his] THE APPLICANT'S name and residence address, including the
street and number, if any, or town and rural delivery route, if any; (2)
that [he] THE APPLICANT is or will be, on the day of the school district
election, a qualified voter of the school district in which [he] SUCH
APPLICANT resides in, that [he] THE APPLICANT is or will be, on such
date, over [eighteen] SIXTEEN years of age, a citizen of the United
States and has or will have resided in the district for thirty days next
preceding such date;
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§ 5. Subparagraphs 1 and 2 of paragraph a of subdivision 2 of section
2018-b of the education law, as amended by chapter 46 of the laws of
1992, are amended to read as follows:
(1) [his] THE APPLICANT'S name and residence address, including the
street and number, if any, or town and rural delivery route, if any; (2)
that [he] THE APPLICANT is or will be, on the day of the school district
election, a qualified voter of the school district in which [he] SUCH
APPLICANT resides in, that [he] THE APPLICANT is or will be, on such
date, over [eighteen] SIXTEEN years of age, a citizen of the United
States and has or will have resided in the district for thirty days next
preceding such date;
§ 6. Paragraph b of subdivision 6 of section 2018-b of the education
law, as amended by section 9 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
b. On the reverse side of such envelope shall be printed the following
statement:
STATEMENT OF ABSENTEE VOTER
I do declare that I am a citizen of the United States, and will be at
least [eighteen] SIXTEEN years of age on the date of the school district
election; that I will have been a resident of this state and of the
school district and school election district, if any, shown on the
reverse side of this envelope for thirty days next preceding the said
election and that I am or on such date will be, a qualified voter of
said school district; that I will be unable to appear personally on the
day of said school district election at the polling place of the said
district in which I am or will be a qualified voter because of the
reason stated on my application heretofore submitted; that I have not
qualified, or do I intend to vote, elsewhere than as set forth on the
reverse side of this envelope; that I have not received or offered, do
not expect to receive, have not paid, offered or promised to pay,
contributed, offered or promised to contribute to another to be paid or
used, any money or other valuable thing, as a compensation or reward for
the giving or withholding of a vote at this school district election,
and have not made any promise to influence the giving or withholding of
any such votes; that I have not made or become directly or indirectly
interested in any bet or wager depending upon the result of this school
district election; and that I have not been convicted of bribery or any
infamous crime, or, if so convicted, that I have been pardoned or
restored to all the rights of a citizen, without restriction as to the
right of suffrage, or have received a certificate of relief from disa-
bilities or a certificate of good conduct pursuant to article twenty-
three of the correction law removing my disability to vote.
I hereby declare that the foregoing is a true statement to the best of
my knowledge and belief, and I understand that if I make any material
false statement in the foregoing statement of absentee voter, I shall be
guilty of a misdemeanor.
Date....................Signature of Voter ...........................
§ 7. Subparagraph 2 of paragraph c of subdivision 2 of section 1951 of
the education law, as amended by chapter 919 of the laws of 1974, is
amended to read as follows:
(2) [Eighteen] SIXTEEN years of age.
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§ 8. Paragraph s of subdivision 2 of section 1951 of the education
law, as amended by chapter 60 of the laws of 2021, is amended to read as
follows:
s. The board of cooperative educational services shall provide absen-
tee ballots to qualified voters. The commissioner shall adopt regu-
lations for the purposes of implementing the provisions of this para-
graph which shall include, but not be limited to, creating the procedure
for which such absentee ballots shall be submitted; providing that such
absentee ballots shall be, as nearly as practicable, in the same form as
those voted at the district election; requiring that any absentee ballot
applicant is or will be, on the day of the vote, a qualified voter of
the board of cooperative educational services and that he or she will be
on such date over [eighteen] SIXTEEN years of age, a citizen of the
United States and has or will have resided in said district for thirty
days next preceding such date; and providing instructions as to the
proper marking thereof. For purposes of this paragraph, qualified voters
of a board of cooperative educational services may request an absentee
ballot subject to the conditions set forth in paragraph a of subdivision
two of section two thousand eighteen-b of this title.
§ 9. Paragraph s of subdivision 2 of section 1951 of the education
law, as amended by chapter 722 of the laws of 2005, is amended to read
as follows:
s. The board of cooperative educational services shall provide absen-
tee ballots to qualified voters. The commissioner shall adopt regu-
lations for the purposes of implementing the provisions of this para-
graph which shall include, but not be limited to, creating the procedure
for which such absentee ballots shall be submitted; providing that such
absentee ballots shall be, as nearly as practicable, in the same form as
those voted at the district election; requiring that any absentee ballot
applicant is or will be, on the day of the vote, a qualified voter of
the board of cooperative educational services and that he or she will be
on such date over [eighteen] SIXTEEN years of age, a citizen of the
United States and has or will have resided in said district for thirty
days next preceding such date; and providing instructions as to the
proper marking thereof.
§ 10. Subdivision 5 of section 2609 of the education law, as amended
by chapter 919 of the laws of 1974, is amended to read as follows:
5. Any qualified voter of a city school district may challenge the
right of a person to vote at the time when he requests a ballot. All
persons named upon the applicable register as having been challenged
prior to the day of the election shall also be challenged before they
are given ballots to vote. The chairman of the board of inspectors shall
administer to each person so challenged the following oath: "I do
solemnly swear (or affirm) that I am a citizen of the United States;
that I am of the age of [eighteen] SIXTEEN years or more; that I have
been an inhabitant of the State for the past year, a resident of the
county for the past four months and for the thirty days past an actual
resident of this city school district and am therefore qualified to vote
at this election." If the person challenged so swears or affirms, he
shall be permitted to vote at such election; but if he shall refuse to
so swear or affirm, he shall not be given a ballot or be permitted to
vote.
§ 11. Section 5-102 of the election law is amended by adding a new
subdivision 3 to read as follows:
3. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WITH RESPECT TO
THE AGE REQUIREMENT FOR PURPOSES OF QUALIFYING TO VOTE SHALL NOT APPLY
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TO ANY SCHOOL DISTRICT MEETING OR SCHOOL DISTRICT ELECTION, AND NOTHING
IN THIS SECTION OR ANY OTHER PROVISION OF THIS CHAPTER SHALL BE
CONSTRUED TO PROHIBIT A PERSON SIXTEEN YEARS OF AGE OR OLDER WHO IS
QUALIFIED TO VOTE IN A SCHOOL DISTRICT MEETING OR SCHOOL DISTRICT
ELECTION.
§ 12. Paragraph (g) of subdivision 5 of section 5-210 of the election
law is REPEALED and two new paragraphs (g) and (g-1) are added to read
as follows:
(G) NOTICE THAT THE APPLICANT MUST BE:
(I) A CITIZEN OF THE UNITED STATES;
(II) AT LEAST SIXTEEN YEARS OF AGE AT THE TIME THE APPLICATION IS
SUBMITTED OR WILL BE SIXTEEN YEARS OF AGE NO LATER THAN DECEMBER THIR-
TY-FIRST OF THE CALENDAR YEAR IN WHICH SUCH APPLICATION IS SUBMITTED;
AND
(III) A RESIDENT OF THE COUNTY OR CITY TO WHICH SUCH APPLICATION IS
MADE.
(G-1) NOTICE THAT SUCH APPLICATION TO REGISTER TO VOTE WILL BE EFFEC-
TIVE:
(I) FOR SCHOOL DISTRICT ELECTIONS OCCURRING ON OR AFTER THE APPLICANT
TURNS SIXTEEN YEARS OF AGE IN THE SCHOOL DISTRICT IN WHICH THE APPLICANT
RESIDES; AND
(II) FOR ALL OTHER FEDERAL, STATE AND LOCAL ELECTIONS OCCURRING ON OR
AFTER THE APPLICANT TURNS EIGHTEEN YEARS OF AGE IN THE APPLICABLE
ELECTION DISTRICT IN WHICH THE APPLICANT RESIDES.
§ 13. Paragraph p of subdivision 4 of section 5-500 of the election
law is REPEALED and a new paragraph p is added to read as follows:
P. A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE FOLLOWING
QUESTIONS:
(I) "ARE YOU AT LEAST 16 YEARS OF AGE OR WILL YOU BE SIXTEEN YEARS OF
AGE ON OR BEFORE DECEMBER 31 OF THIS YEAR?"
(II) "DO YOU UNDERSTAND THAT YOU MUST BE 16 YEARS OF AGE ON OR BEFORE
ELECTION DAY TO VOTE IN SCHOOL DISTRICT ELECTIONS OR MEETINGS, AND THAT
YOU WILL BE UNABLE TO CAST A BALLOT IN A SCHOOL DISTRICT ELECTION UNTIL
YOU ARE 16 YEARS OF AGE OR OLDER AT THE TIME OF SUCH ELECTION, AND THAT
UNTIL YOU ARE 16 YEARS OF AGE, YOUR APPLICATION FOR REGISTRATION WILL BE
MARKED "PENDING", AND THAT AFTER YOU TURN 16 AND UNTIL YOU ARE 18 YEARS
OF AGE, YOUR REGISTRATION WILL ENTITLE YOU TO VOTE ONLY IN SCHOOL
DISTRICT ELECTIONS IN THE SCHOOL DISTRICT WHERE YOU RESIDE?"
(III) "DO YOU UNDERSTAND THAT YOU MUST BE 18 YEARS OF AGE ON OR BEFORE
ELECTION DAY TO VOTE IN ALL OTHER ELECTIONS, INCLUDING FEDERAL, STATE
AND LOCAL ELECTIONS OTHER THAN SCHOOL DISTRICT ELECTIONS, AND THAT YOU
WILL BE UNABLE TO CAST A BALLOT IN ANY SUCH FEDERAL, STATE OR LOCAL
ELECTION UNTIL YOU ARE 18 YEARS OF AGE AT THE TIME OF SUCH ELECTION,
YOUR REGISTRATION STATUS WILL BE MARKED "SCHOOL DISTRICT ONLY?"
§ 14. This act shall take effect on the same date as a concurrent
resolution amending the constitution, entitled "CONCURRENT RESOLUTION OF
THE SENATE AND ASSEMBLY proposing amendments to section 1 of article 2
of the constitution, in relation to the voting age in school district
elections"; provided, however, that:
(a) The amendments to paragraph a of subdivision 2 of section 2018-b
of the education law made by section four of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 4
of chapter 60 of the laws of 2021, as amended, when upon such date the
provisions of section five of this act shall take effect; and, provided
further, that
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(b) The amendments to paragraph s of subdivision 2 of section 1951 of
the education law made by section eight of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 4 of
chapter 60 of the laws of 2021, as amended, when upon such date the
provisions of section nine of this act shall take effect.