BILL NUMBER: S3088

SPONSOR: LANZA
 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends Education Law section 3604 subdivision 8 to prohibit
school on either primary or general election day in a city with a popu-
lation of one million or more

 
SUMMARY OF PROVISIONS:

Section 1: Prohibits school on primary or general election day in a city
with one million or more residents.

Section 2: Provides for the Act to take effect immediately.

 
JUSTIFICATION:

Schools are ideal poll sites because they are public buildings, are
usually accessible to the disabled and have ample parking. Election Law
section 4-104.3 reflects a preference for using schools as poll sites by
stating that "a building exempt from taxation shall be used whenever
              

possible as a polling place if it is situated in the same or a contig-
uous election district and, and may contain as many distinctly separate
polling places as public convenience may require." The expense, if any,
incidental to its use shall be paid like the expense of other places for
registration and voting.

If the board or body empowered to designate polling places chooses a
public school building for such purposes, as often happens, the board or
agency which controls such building must make available a room or rooms
in such building which are suitable for registration and voting, and
which are as close as possible to a convenient entrance to such building
and accessible to the physically disabled.

However, the use of schools for poll sites when school is in session can
and often does disrupt the usual schedule and operations of the entire
school day, as well as the instruction occurring in the classrooms. An
increased concern about the safety of the children at the schools makes
school officials reluctant to open up their buildings for a public use
while children are present. It also reduces available parking when
school is in session on Election Day.

By requiring that schools in cities with a population or one million or
more are to be closed on election day, this bill will increase the
availability of accessible public buildings for poll sites while causing
minimal disruption to a school and no security risk for students.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.