Assembly Bill A4384

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4384--B
 
                        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 -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to deadlines for filing
   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.
                                                            LBD05798-04-6
              

 A. 4384--B                          2
 
 of  qualified  voters, or petitions which are not timely. 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  subdivision,  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 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. 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
 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 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.