S T A T E O F N E W Y O R K
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4384--A
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Education -- recommitted to the Committee on Education in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to establishing deadlines
for finalizing and objecting to nominating petitions for small city
school board elections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 2608 of the education law,
subdivision 1 as amended by chapter 273 of the laws of 1987 and subdivi-
sion 2 as amended by chapter 502 of the laws of 1974, are amended to
read as follows:
1. Candidates for members of the board of education in a city school
district shall be nominated by petition directed to the board of educa-
tion and signed by at least one hundred persons qualified to vote at
school elections in such district. Such petition shall contain the names
and residences of the candidates for the vacancies in the board of
education to be filled at the annual election. Where a proposition has
been adopted by the voters of such district to require that each vacancy
on the board of education to be filled shall be considered a separate
specific office, a separate petition shall be required to nominate a
candidate to each separate office and such petition shall describe the
specific vacancy on the board of education for which the candidate is
nominated, which description shall include at least the length of the
term of office and the name of the last incumbent, if any. Such
petitions shall be filed in the office of the clerk of the board of
education between the hours of nine a.m. and five p.m., on or before the
[twentieth] THIRTIETH day preceding the day of the annual election. The
clerk shall refuse to accept petitions signed by an insufficient number
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05798-02-6
A. 4384--A 2
of qualified voters, or petitions which are not timely. BEGINNING ON THE
FOLLOWING DAY, AND FOR A FIVE-DAY PERIOD THEREAFTER, QUALIFIED VOTERS OF
THE DISTRICT MAY OBJECT TO THE PLACEMENT OF ONE OR MORE NAMES ON THE
BALLOT, ON THE FOLLOWING BASES: INSUFFICIENT NUMBER OF SIGNATURES;
SIGNATORIES WHO ARE NOT QUALIFIED TO VOTE IN SUCH ELECTION; INSUFFICIENT
CANDIDATE INFORMATION; OR FAILING TO FILE BEFORE THE DEADLINE. THE BOARD
SHALL THEN HAVE FIVE DAYS TO EXAMINE EACH OBJECTION AND DETERMINE WHETH-
ER TO REMOVE THE NAMES OF ONE OR MORE CANDIDATES FROM THE BALLOT. THE
CLERK OF THE BOARD OF EDUCATION SHALL FINALIZE THE BALLOT ON THE TWENTI-
ETH DAY PRECEDING THE DAY OF THE ANNUAL ELECTION, IN ACCORDANCE WITH
SUBDIVISION TWO OF THIS SECTION, AFTER THE BOARD HAS EXAMINED AND
DECIDED ON ALL OBJECTIONS. If a candidate for whom a nominating petition
for the office of member of a board of education has been duly filed
withdraws such petition, dies or becomes otherwise ineligible to hold
such office at a time which is later than fifteen days before the last
day for the filing of nominating petitions as provided in this subdivi-
sion, the time for filing nominating petitions for such office shall be
extended to five p.m. on the fifteenth day after the date on which the
candidate withdrew, died or otherwise became ineligible to hold such
office, provided that no such nominating petition may be filed after
five p.m. on the seventh day preceding the election.
2. The board of education shall cause to be printed official ballots
containing the names of all candidates as above provided, except that
the board may refuse to have the names of ineligible candidates placed
on such ballots. The names of the candidates shall be [arranged] LISTED
in the order as determined by the drawing by lot in accordance with the
provisions of paragraph b of subdivision two of section two thousand
thirty-two of this [law] TITLE. SUCH DRAWING SHALL BE CONDUCTED BY THE
CLERK OF THE BOARD OF EDUCATION AND SHALL BE HELD ON THE TWENTIETH DAY
PRECEDING THE DAY OF THE ANNUAL ELECTION. Blank spaces shall be provided
so that voters may vote for candidates who have not been nominated for
the offices to be filled at such elections. The form of such ballots
shall conform substantially to the form of ballots used at general
elections as prescribed in the election law. Such ballots shall be
printed at the expense of the city school district.
§ 2. Paragraph b of subdivision 2 of section 2032 of the education
law, as amended by chapter 502 of the laws of 1974, is amended to read
as follows:
b. The names of all candidates for each separate specific office shall
be grouped together and at the top of each group shall be placed a
description of the separate specific office for which such candidates
are nominated, which description shall include at least the length of
the term of office and the name of the last incumbent, if any, and in
addition a direction that only one vote may be cast in each separate
group. The names of the candidates for each separate specific office
shall be listed in the order as determined by a drawing by lot. [Such]
EXCEPT FOR DISTRICTS SUBJECT TO THE PROCEDURES IN SUBDIVISION TWO OF
SECTION TWO THOUSAND SIX HUNDRED EIGHT OF THIS TITLE, SUCH drawing shall
be conducted by the clerk of the board of education and shall be held
the day after the last possible date for candidates to file a petition.
In the event that any candidate is not present in person or by a person
designated in a written proxy to accomplish the drawing, the district
clerk shall be authorized to act as proxy. In any district where a
proposition has been adopted pursuant to [paragraph] SUBDIVISION b of
section two thousand eighteen OF THIS TITLE, the names of all candidates
for vacancies upon the board of education shall be arranged according to
A. 4384--A 3
lot as prescribed in this section, and a direction shall be made that as
many candidates may be voted for as there are vacancies to be filled.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.