S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7233
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 empowering the commis-
   sioner of education to declare a disaster has substantially impacted a
   school board or school budget election and to allow school  boards  to
   set an additional day for voting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2022-a
 to read as follows:
   § 2022-A. DISASTER; ADDITIONAL DAY FOR VOTING.  1. FOR THE PURPOSES OF
 THIS SECTION: A. THE TERM "DISASTER"  SHALL  MEAN  A  FIRE,  EARTHQUAKE,
 TORNADO,  HURRICANE,  STORM,  CYBERATTACK, FLOOD, HIGH WATER, LANDSLIDE,
 SNOWSTORM, EXPLOSION, POWER FAILURE, NUCLEAR OR CHEMICAL  CONTAMINATION,
 ACT  OF  SABOTAGE,  ENEMY  ATTACK, CONTAGIOUS DISEASE OUTBREAK, OR OTHER
 EVENT WHICH RESULTS IN SUBSTANTIAL DAMAGE TO PROPERTY, HARDSHIP, SUFFER-
 ING, OR POSSIBLE OR ACTUAL LOSS OF LIFE.
   B. THE TERM "AFFECTED DISTRICT" SHALL MEAN ANY DISTRICT FOR WHICH  THE
 COMMISSIONER HAS ISSUED A DISASTER DETERMINATION PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION.
   2. THE COMMISSIONER, WITH RESPECT TO ANY SCHOOL BOARD OR SCHOOL BUDGET
 ELECTIONS  CONDUCTED  WITHIN  THE  STATE,  EITHER  AT THE REQUEST OF THE
 SCHOOL BOARD OR BY THE COMMISSIONER'S OWN JUDGEMENT, MAY DETERMINE THAT,
 AS THE DIRECT CONSEQUENCE OF A DISASTER, LESS THAN TEN PER CENTUM OF THE
 REGISTERED VOTERS OF ANY COMMON, CENTRAL, CENTRAL HIGH, UNION  FREE,  OR
 CITY  SCHOOL DISTRICT, ACTUALLY VOTED IN SUCH ELECTION OR ELECTIONS. THE
 COMMISSIONER SHALL NOTIFY EACH AFFECTED DISTRICT, AND EACH COUNTY  BOARD
 OF  ELECTIONS  OF  EACH COUNTY IN WHICH AN AFFECTED DISTRICT IS LOCATED,
 THAT AN ADDITIONAL DAY OF VOTING SHALL BE HELD, WHICH NOTICE SHALL SHOW:
 THE NATURE OF THE DISASTER; THE SCHOOL DISTRICT  OR  DISTRICTS  AFFECTED
 THEREBY;  THE  NUMBER OF PERSONS DULY REGISTERED TO VOTE THEREIN AT SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-01-3
              

 S. 7233                             2
 
 SCHOOL BOARD OR SCHOOL BUDGET ELECTION; AND THE NUMBER  OF  PERSONS  WHO
 VOTED THEREIN AT SUCH SCHOOL BOARD OR SCHOOL BUDGET ELECTION.
   3.  A.  THE  SCHOOL  BOARD  FOR EACH AFFECTED DISTRICT, BY RESOLUTION,
 SHALL THEREAFTER SET A DATE FOR AN  ADDITIONAL  DAY  FOR  VOTING,  WHICH
 SHALL  NOT  BE  LESS  THAN  SEVEN DAYS AFTER NOR MORE THAN FOURTEEN DAYS
 AFTER THE ORIGINAL DATE OF THE SCHOOL DISTRICT OR SCHOOL BUDGET ELECTION
 EXCEPT AS PROVIDED IN PARAGRAPHS C AND D OF THIS SUBDIVISION, AND  SHALL
 DETERMINE  THE  HOURS  DURING  WHICH THE POLLS SHALL REMAIN OPEN ON SUCH
 ADDITIONAL DAY FOR VOTING; PROVIDED, HOWEVER,  THAT  IN  ANY  EVENT  THE
 POLLS SHALL REMAIN OPEN FOR NOT LESS THAN ELEVEN HOURS.
   B.  THE CLERK OF THE SCHOOL BOARD OF EACH AFFECTED DISTRICT SHALL: (I)
 CAUSE THE RESOLUTION TO BE MAILED TO EACH COUNTY BOARD OF ELECTIONS WITH
 JURISDICTION OVER ALL OR PART OF THE SCHOOL DISTRICT BY OVERNIGHT DELIV-
 ERY, RETURN RECEIPT REQUESTED, (II) PUBLISH NOTICE OF THE  DATE  OF  THE
 ADDITIONAL  DAY OF VOTING NOT LESS THAN TWICE IN EACH WEEK PRECEDING THE
 DATE FOR THE ADDITIONAL DAY FOR VOTING, IN TWO NEWSPAPERS HAVING GENERAL
 CIRCULATION WITHIN SUCH DISTRICT IF THERE ARE TWO, OR IN  ONE  NEWSPAPER
 IF  THERE  IS  ONLY  ONE, (III) NOTIFY ALL QUALIFIED VOTERS BY MAIL, AND
 SUCH NOTICE SHALL ALSO DIRECT ATTENTION TO ANY CHANGE OF POLLING PLACES,
 THE ORIGINAL NOTICE OF DISASTER DETERMINATION FROM THE  COMMISSIONER  OF
 EDUCATION,  AND  CONTAIN SUCH OTHER AND ADDITIONAL INFORMATION AS IN THE
 JUDGMENT OF THE SCHOOL BOARD SHALL BE NECESSARY AND PROPER,  (IV)  CAUSE
 NOTICE  OF THE DATE OF THE ADDITIONAL DAY OF VOTING TO BE MADE AVAILABLE
 ON THE DISTRICT'S WEBSITE, IF ONE EXISTS.
   C. IF THE SCHOOL BOARD FOR AN AFFECTED DISTRICT DETERMINES, BY  RESOL-
 UTION, THAT IT WOULD NOT BE FEASIBLE TO HOLD AN ADDITIONAL DAY OF VOTING
 WITHIN THE TIMELINES ESTABLISHED IN THIS SECTION, THE BOARD SHALL INFORM
 THE  COMMISSIONER  OF  EDUCATION,  WHO  SHALL  EXTEND ONLY AS LONG AS IS
 NECESSARY THE ABILITY OF THE BOARD TO DETERMINE THE DATE  FOR  AN  ADDI-
 TIONAL  DAY  OF  VOTING, EXCEPT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
 SION.
   D. WHERE A SCHOOL DISTRICT  BUDGET  HAS  BEEN  RESUBMITTED  TO  VOTERS
 PURSUANT TO SECTION TWO THOUSAND TWENTY-THREE-A OR TWO THOUSAND SEVEN OF
 THIS  PART,  THE  PROVISIONS  OF  PARAGRAPH  B OF THIS SUBDIVISION SHALL
 APPLY, AND:  (I) IF THERE IS A DISASTER ON THE ORIGINAL DAY  OF  VOTING,
 AND  PURSUANT  TO  A  DISASTER  DETERMINATION  BY  THE  COMMISSIONER THE
 DISTRICT HAS SCHEDULED AN ADDITIONAL DAY OF VOTING, AND AFTER THE  ADDI-
 TIONAL  DAY  OF  VOTING  THE PROPOSED BUDGET FAILS, SCHOOL DISTRICTS MAY
 RESUBMIT THEIR BUDGET TO VOTERS ON THE THIRD TUESDAY IN  JUNE,  PURSUANT
 TO  EITHER  SECTION TWO THOUSAND TWENTY-THREE-A OR TWO THOUSAND SEVEN OF
 THIS PART, (II) IF THERE IS NO DISASTER ON THE ORIGINAL DAY  OF  VOTING,
 BUT  A DISASTER INSTEAD ON THE DATE OF THE RESUBMISSION OF THE BUDGET TO
 VOTERS PURSUANT TO EITHER SECTION TWO  THOUSAND  TWENTY-THREE-A  OR  TWO
 THOUSAND  SEVEN  OF  THIS  PART,  THE  COMMISSIONER MAY ISSUE A DISASTER
 DETERMINATION PURSUANT TO SUBDIVISION TWO OF THIS  SECTION,  UPON  WHICH
 THE  DISTRICT SHALL HOLD AN ADDITIONAL DAY OF VOTING NO SOONER THAN FIVE
 DAYS AFTER THE RESUBMISSION VOTE, BUT NO LATER THAN THE LAST DAY OF  THE
 MONTH OF JUNE.
   4.  OFFICIAL  BALLOTS SHALL BE PROVIDED AT PUBLIC EXPENSE, PURSUANT TO
 SUBDIVISION EIGHTEEN OF SECTION THIRTY-SIX  HUNDRED  FORTY-ONE  OF  THIS
 CHAPTER, AT EACH POLLING PLACE FOR SUCH ADDITIONAL DAY OF VOTING. IN ANY
 ELECTION  DISTRICT  IN WHICH VOTING MACHINES WERE USED UPON THE ORIGINAL
 DAY OF VOTING, THEY SHALL BE USED FOR THE ADDITIONAL DAY FOR VOTING. THE
 ORIGINAL SEAL ON SUCH MACHINES  SHALL  NOT  BE  REMOVED  NOR  SHALL  THE
 MACHINES  BE  UNLOCKED  UNTIL THE OPENING OF THE POLLS ON THE ADDITIONAL
 DAY FOR VOTING AND THE BOARD OF ELECTIONS SHALL  PROVIDE  AN  ADDITIONAL
 S. 7233                             3
 
 SEAL  TO  BE  USED  AS  SOON AS THE POLLS ARE CLOSED ON SUCH DAY. COUNTY
 BOARDS OF ELECTIONS  WHICH  HAVE  PROVIDED  VOTING  MACHINES  TO  SCHOOL
 DISTRICTS  FOR  ORIGINAL  DAYS  OF VOTING SHALL CONTINUE TO PROVIDE SUCH
 VOTING MACHINES UNTIL THE ADDITIONAL DAY OF VOTING IS COMPLETE.
   5.  ONLY THOSE PERSONS QUALIFIED TO VOTE UPON THE ORIGINAL DATE OF THE
 SCHOOL DISTRICT ELECTION WHO DID NOT VOTE ON SUCH DATE SHALL BE ENTITLED
 TO VOTE ON THE ADDITIONAL DAY FOR VOTING. VOTING ON THE  ADDITIONAL  DAY
 PROVIDED  FOR IN THIS SECTION SHALL BE ACCOMPLISHED SOLELY BY PHYSICALLY
 APPEARING AT THE POLLING PLACE, AND NOTHING CONTAINED  IN  THIS  SECTION
 SHALL BE CONSTRUED TO EXTEND THE TIME SET BY LAW FOR CASTING OR CANVASS-
 ING  AN  ABSENTEE,  MILITARY, OR SPECIAL BALLOT; PROVIDED, HOWEVER, THAT
 NOTHING CONTAINED HEREIN SHALL BE DEEMED  TO  INVALIDATE  ANY  ABSENTEE,
 MILITARY,  OR  SPECIAL  BALLOT DULY RECEIVED ON THE ORIGINAL DATE OF THE
 GENERAL ELECTION.
   § 2. Section 3641 of the education law is  amended  by  adding  a  new
 subdivision 18 to read as follows:
   18. SCHOOL ELECTION DISASTER FUND. A. FOR THE PURPOSE OF THIS SUBDIVI-
 SION: (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION
 FREE,  CENTRAL,  CENTRAL  HIGH  SCHOOL, OR CITY SCHOOL DISTRICT THAT HAS
 CONDUCTED AN ADDITIONAL DAY OF VOTING FOLLOWING A DISASTER DETERMINATION
 BY THE COMMISSIONER PURSUANT TO SECTION  TWO  THOUSAND  TWENTY-TWO-A  OF
 THIS CHAPTER.
   (2)  THE TERM "ALL ACTUAL COSTS ASSOCIATED WITH ADMINISTERING AN ADDI-
 TIONAL DAY  OF  ELECTIONS"  SHALL  MEAN  ALL  COSTS  BORNE  BY  ELIGIBLE
 DISTRICTS  DIRECTLY  ASSOCIATED  WITH ADMINISTERING AN ADDITIONAL DAY OF
 VOTING, INCLUDING: (I) WAGES FOR POLL WORKERS AND OTHER STAFF ASSOCIATED
 WITH THE ADDITIONAL DAY OF VOTING, (II) POSTAGE, PRINTING,  AND  MAILING
 COSTS  TO  PROVIDE  NOTICE OF THE DATE OF THE ADDITIONAL ELECTION DAY TO
 ELIGIBLE VOTERS, (III) COSTS OF PUBLISHING NOTICE IN ONE OR MORE NEWSPA-
 PERS OF THE DATE OF THE ADDITIONAL ELECTION DAY, (IV)  COSTS  OF  TRANS-
 PORTING VOTERS TO POLLING LOCATIONS ON THE ADDITIONAL DAY OF VOTING, (V)
 COSTS  ASSOCIATED  WITH  MAINTAINING  A POLLING PLACE FOR THE ADDITIONAL
 TIME, (VI) COSTS FOR ADDRESSING DAMAGE TO POLLING  LOCATIONS  CAUSED  BY
 THE DISASTER, (VII) RENTAL AND OTHER COSTS DUE TO THE ADDITIONAL TIME OF
 MAINTAINING  THE  VOTING  MACHINE,  (VIII)  NECESSARY PURCHASE OF VOTING
 MACHINES DUE TO DAMAGE DONE TO OTHER VOTING MACHINES AS A RESULT OF  THE
 DISASTER, (IX) PRINTING AND FURNISHING OF BALLOTS FOR THE ADDITIONAL DAY
 OF  VOTING, (X) ALL OTHER COSTS AS THE COMMISSIONER SHALL DEEM APPROPRI-
 ATE.
   B. WITHIN THE AMOUNT APPROPRIATED  FOR  SUCH  PURPOSE,  SUBJECT  TO  A
 REQUEST  FOR  FUNDS  DEVELOPED  BY  THE COMMISSIONER AND APPROVED BY THE
 DIRECTOR OF THE BUDGET, THE COMMISSIONER SHALL DISBURSE MONIES TO ELIGI-
 BLE SCHOOL DISTRICTS FROM THE SCHOOL ELECTION DISASTER FUND PURSUANT  TO
 THIS  SUBDIVISION, BEGINNING IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
 SAND TWENTY-FOUR SCHOOL YEAR, TO REIMBURSE ELIGIBLE SCHOOL DISTRICTS FOR
 ALL ACTUAL COSTS ASSOCIATED WITH  ADMINISTERING  AN  ADDITIONAL  DAY  OF
 ELECTIONS.
   (1) FOR A THREE-MONTH PERIOD FOLLOWING THEIR DAY OF ADDITIONAL VOTING,
 ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLICATION TO THE COMMISSIONER,
 IN  A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING
 PURSUANT TO THIS SUBDIVISION. THE COMMISSIONER MAY  DETERMINE  THAT,  AS
 THE DIRECT CONSEQUENCE OF THE DISASTER FOR WHICH THE COMMISSIONER ISSUED
 A  DISASTER  DETERMINATION PURSUANT TO SECTION TWO THOUSAND TWENTY-TWO-A
 OF THIS CHAPTER, THAT AN ELIGIBLE SCHOOL DISTRICT'S ABILITY  TO  MAKE  A
 FILING  WITH RESPECT TO THIS SUBDIVISION IS SUBSTANTIALLY IMPAIRED. UPON
 S. 7233                             4
 
 MAKING SUCH A FINDING, THE COMMISSIONER SHALL EXTEND  FOR  A  REASONABLE
 TIME THE PERIOD FOR MAKING SUCH FILING.
   (2)  THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  SUCH APPLICATION ON OR
 BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR.
   (3) MONIES FROM THE SCHOOL ELECTION DISASTER FUND SHALL  BE  ALLOCATED
 UPON APPROVAL OF APPLICATIONS BY THE COMMISSIONER.
   (4)  APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE
 INFORMATION REQUIRED BY THE COMMISSIONER, INCLUDING  A  SHOWING  OF  ALL
 ACTUAL   COSTS  ASSOCIATED  WITH  ADMINISTERING  AN  ADDITIONAL  DAY  OF
 ELECTIONS.
   (5) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
 DISBURSEMENTS  PURSUANT TO THIS SUBDIVISION SHALL BE IN ADDITION TO, AND
 IN NO WAY SHALL REPLACE, REDUCE, OR ALTER ANY OTHER FUNDS, AID,  GRANTS,
 OR  OTHER  MONIES  RECEIVED BY ELIGIBLE SCHOOL DISTRICTS FROM THE STATE,
 INCLUDING FOR THE PURPOSES OF FOUNDATION AID.
   § 3. This act shall take effect immediately.