NY State Senate Bill 2025-S3028

Senate Bill S3028

2025-2026 Legislative Session

Authorizes citizens who are sixteen years of age to vote in school district elections; repealer

download bill text pdf

Current Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	referred to education

2025-S3028 (ACTIVE) - Details

See Assembly Version of this Bill:: A2256
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §§2012, 2502, 2553, 2603, 2018-a, 2018-b, 1951 & 2609, Ed L; rpld §5-210 sub 5 ¶(g), §5-500 sub 4 ¶p, amd §§5-210, 5-500 & 5-507, El L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A10554
2023-2024: A2739

2025-S3028 (ACTIVE) - Summary

Extends the right to vote in school district elections to qualified persons who are sixteen years of age.

2025-S3028 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3028

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE:

To allow 16- and 17- year olds to vote in school budget and board
elections.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 and the closing paragraph of section 2012
of the education law to lower the voting age to 16 for school elections
in all non-city school districts.

Section 2 amends subdivision 7 of section 2505 of the education law to

clarify that 16- and 17-year olds are not eligible to run for school
board in small city school districts.

Section 3 amends subdivision 1 of section 2553 of the education law to
clarify that 16- and 17-year olds are not eligible to serve on the
school board in Buffalo, Rochester, Syracuse, or Yonkers.

Section 4 amends section 2553 of the education law by adding a new
subdivision 11 to lower the voting age to 16 for school elections in
Buffalo, Rochester, and Syracuse.

Section 5 amends section 2603 of the education law to lower the voting
age to 16 for school elections in small city school districts.

Section 6 amends subdivision 2 of section 2018-a of the education law to
update the absentee ballot application for districts that provide for
the personal registration of voters.

Section 7 amends subdivision 2 of section 2018-b of the education law to
section 2018-b of the education law to update the absentee ballot appli-
cation for districts that do not provide for the personal registration
of voters.

Section 8 amends subdivision 6 of section 2018-b of the education law to
further update the absentee ballot application.

Section 9 amends subdivision 2 of section 1951 of the education law to
lower the voting age to 16 for BOCES budget votes.

Section 10 amends section 1951 of the education law to clarify that 16-
and 17- year olds are not eligible to be selected for BOCES.

Section 11 amends subdivision 5 of section 2609 of the education law to
make conforming changes to the city school district voter challenge
process.


Section 12 repeals paragraph g of section 5 of section 5-210 of the
election law and adds two new paragraphs g and g-1 to update pre-regis-
tration forms so that 16- and 17- year olds are notified that they are
eligible to vote in their school district's elections, if applicable,
and will be eligible to vote in other elections when they turn 18.

Section 13 repeals paragraph p of subdivision 4 of section 5-500 of the
election law and adds a new paragraph p to update registration record
requirements.

Section 14 amends subdivision 1 of section 5-507 of the election law to
provide that 16- and 17- year olds who pre-register shall be considered
registered for the purposes of school elections.

Section 15 sets forth the effective date.

 
JUSTIFICATION:

In January 2024, Newark's City Council voted to allow 16- and
17-year-olds to vote in local school board races. Beginning in 2025,
residents as young as 16 will be entitled to vote in school board
elections in Newark, New Jersey's largest city.' Newark is the latest
municipality to move forward with expanding the franchise for local or
school elections. In 2013, Takoma Park, Maryland, became the nation's
first jurisdiction to let 16-year-olds vote in local elections.2 Since
then, several other Maryland cities have followed suit, including Green-
belt,3 Hyattsville,4 Riverdale Parks and Mount Rainier.6 In 2023, the
Vermont Legislature passed an amendment to the Brattleboro Town Charter
to allow 16- and 17 year olds to vote in local elections.7 And beginning
in November 2024, 16- and 17- year olds will be entitled to vote in
school elections in Berkeley and Oakland, California.  Nationally, youth
voting is gaining traction. Representative Grace Meng introduced legis-
lation to lower the voting age nationwide for all elections.8

The movement to allow young adults to participate more directly in our
democracy reflects a growing understanding of the value of young
people's voices as members of our shared civil society. 16- and 17- year
olds are old enough to drive, work, and pay taxes. Along with these
responsibilities, they are old enough to participate in shared community
decision making about our public schools.

Young people have an enormous stake in their public schools, communi-
ties, and our democracy. Students who attend public schools are affected
everyday by the actions of their school boards, including the cuts or
investments made in their school budget. They deserve to be heard along-
side other members of their community when those decisions are made.

Moreover, giving 16- and 17- year olds the opportunity to participate in
school elections will help teach them that their votes matter. As
students learn about civics in school, they will have an opportunity to
go out and participate in democracy first-hand. These lessons will
translate to other elections throughout their lives.

This legislation would extend the franchise to 16- and 17- year olds in
school board and budget elections. 16- and 17- year olds must be other-
wise eligible to vote under education law, and will only be able to
participate in the school elections their district holds. The bill does
not apply to New York City which does not have an elected school board
and only allows parents whose children are enrolled in public school to
participate in selecting Community Education Council members. 16- and
17- year olds who pre-register will be considered registered voters for
purposes of school elections only.

 
LEGISLATIVE HISTORY:

2023/24: A2739 - died in Education

2021/22: A10554 - died in Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect January 1st next succeeding the day on which
it is signed.
1 https://www.chalkbeat.org/newark/
2024/02/16/newark-youth-vote-in-school-board- elections-delayed2025-ad-
vocates-look-ahead/
2 https://takomaparkmdspy/newsletter/a-decade-of-high -schoolstudents-
speaking-through-the -ballot-box/
3 https://www.preenbeltmd.cov/government/city- administration/city-
clerk-s- office/election-information/voterregistration
4 https://www.hvattsville.org/881/Voter-Information
5 https://www.riverdaleparkmd.gov/covernment/elections/2021
election/register to vote.php
6 https://www.mountrainiermd.org/205/City-Elections
7 https://brattleboro.gov/voting-faqs
8 https://meng.house.govimedia-center/press-releases/menq-
reintroducesdeqislation-to-lower-the-votinqage-in-america-to-16-0

2025-S3028 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3028
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 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 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] SUCH PERSON
 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 reservation are being educated under a contract pursuant to  subdi-
 vision 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.
                                                            LBD06827-01-5
 S. 3028                             2

 
   § 2. Subdivision 7 of section 2502 of the education law, as amended by
 chapter 476 of the laws of 2018, is amended to read as follows:
   7. No person shall be eligible to the office of member of the board of
 education  who  is not a qualified voter of the city school district and
 who has not been a resident of such district for a period  of  at  least
 one  year  immediately  preceding the date of [his or her] SUCH PERSON'S
 election; provided, however, that no person shall hold at the same  time
 the office of member of the board of education and any city office other
 than  as a police officer and firefighter; provided, further, that where
 territory is added to a city school district by order of the commission-
 er pursuant to article thirty-one of  this  chapter,  residence  in  the
 territory  so  added  to  the city school district shall be and shall be
 deemed to be residence in the city school district for the  purposes  of
 this  subdivision,  and  a  person  qualified to vote in school district
 elections by virtue of [his or  her]  SUCH  PERSON'S  residence  in  the
 territory  so added to the city school district immediately prior to the
 addition of such territory to the city  school  district  shall  be  and
 shall  be  deemed  to  be  a qualified voter of the city school district
 immediately upon the addition of such territory; PROVIDED FURTHER,  THAT
 NO PERSON LESS THAN EIGHTEEN YEARS OF AGE SHALL BE DEEMED ELIGIBLE.
   § 3. Subdivision 1 of section 2553 of the education law, as separately
 amended  by chapters 211 and 441 of the laws of 1980, is amended to read
 as follows:
   1. No person shall be eligible to the office of member of a  board  of
 education  who  is not a citizen of the United States, who is not quali-
 fied to register for or vote at  an  election  in  accordance  with  the
 provisions of section 5-106 of the election law, and who, in the case of
 the city school district of the city of Yonkers, has not been a resident
 of  the  city school district for which [he] SUCH PERSON is chosen for a
 period of at least three years immediately preceding the date  of  [his]
 SUCH  PERSON'S  election or appointment and who, in the case of the city
 school district of the city of Buffalo, in the case of a  member  to  be
 elected  at  large is not a qualified voter of such city school district
 and who has not been a resident of such district  for  a  period  of  at
 least  three years immediately preceding the date of [his] SUCH PERSON'S
 election and in the case of a member elected from a city school  subdis-
 trict  is  not a qualified voter of such city school subdistrict and has
 not been a resident of the city school district for three  years  and  a
 resident  of  the city school subdistrict which [he] SUCH PERSON repres-
 ents or seeks to represent for a period of one year immediately  preced-
 ing  the  date  of [his] SUCH PERSON'S election, PROVIDED THAT NO PERSON
 LESS THAN EIGHTEEN YEARS OF AGE SHALL BE DEEMED ELIGIBLE FOR ELECTION AS
 AN AT LARGE MEMBER OR FROM A CITY SCHOOL SUBDISTRICT, and  who,  in  the
 case  of  the  city  school  district of the city of Rochester, is not a
 qualified voter under section 5-102 of the election  law  of  such  city
 school  district; and who in the case of the city school district of the
 city of Syracuse has not been a qualified voter under section  5-102  of
 the  election  law of such city school district for at least ninety days
 immediately preceding the  date  of  [his]  SUCH  PERSON'S  election  or
 appointment.
   §  4.  Section  2553  of  the education law is amended by adding a new
 subdivision 12 to read as follows:
   12. NOTWITHSTANDING ANY OTHER LAW TO THE  CONTRARY,  INDIVIDUALS  AGED
 SIXTEEN  AND SEVENTEEN SHALL BE DEEMED QUALIFIED VOTERS FOR THE PURPOSES
 OF THIS SECTION, PROVIDED THAT SUCH INDIVIDUALS ARE  OTHERWISE  ELIGIBLE
 UNDER SECTION 5-102 OF THE ELECTION LAW.
 S. 3028                             3
 
   § 5. 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.
   §  6.  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 ..........................
 
   §  7. 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;
 S. 3028                             4
 
   §  8.  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 ...........................
 
   § 9. 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.
   §  10.  Paragraph  s of subdivision 2 of section 1951 of the education
 law, as added 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]  SUCH
 VOTER will be on such date over [eighteen] SIXTEEN years of age, a citi-
 zen  of  the United States and has or will have resided in said district
 S. 3028                             5
 
 for thirty days next preceding such date; and providing instructions  as
 to the proper marking thereof.
   §  11.  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] SUCH VOTER 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] SUCH VOTER shall be permitted to vote  at  such  election;
 but  if  [he]  SUCH  VOTER shall refuse to so swear or affirm, [he] SUCH
 VOTER shall not be given a ballot or be permitted to vote.
   § 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 16 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
 S. 3028                             6
 
 ELECTION UNTIL YOU ARE 18 YEARS OF AGE AT THE  TIME  OF  SUCH  ELECTION,
 YOUR REGISTRATION STATUS WILL BE MARKED 'SCHOOL DISTRICT ONLY?'"
   §  14. Subdivision 1 of section 5-507 of the election law, as added by
 chapter 2 of the laws of 2019, is amended to read as follows:
   1. Pre-registration. A person who is at least sixteen years of age and
 who is otherwise qualified to register to vote may pre-register to vote,
 and shall be automatically registered upon reaching the age of eligibil-
 ity as provided by this chapter,  PROVIDED  THAT  SUCH  VOTER  SHALL  BE
 CONSIDERED  REGISTERED  FOR  THE  PURPOSE  OF SCHOOL DISTRICT ELECTIONS,
 PURSUANT TO SECTIONS TWO THOUSAND  TWELVE,  TWO  THOUSAND  FIVE  HUNDRED
 FIFTY-THREE, AND TWO THOUSAND SIX HUNDRED THREE OF THE EDUCATION LAW.
   § 15. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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