* § 2022-a. Disaster; additional day for voting. 1. Upon request of a
school district, or upon the determination of the commissioner, the
commissioner may provide for an additional day of voting for the annual
meeting and election if they determine that less than eight percent of
qualified voters voted as a direct consequence of a disaster. For the
purposes of this section, "disaster" shall include events such as a
fire, earthquake, tornado, explosion, power failure, act of sabotage,
enemy attack or other event that results in substantial damage to
property or the possible or actual loss of life. The procedures
applicable to a school's annual meeting and election shall thereafter be
followed as far as applicable and practicable.
2. Such additional day of voting shall be held between seven and
fourteen days after the original annual meeting and election, provided
that when the commissioner determines it would not be feasible to hold
the additional day of voting within fourteen days, they may authorize
the district to schedule such additional day of voting as soon as may be
feasible; provided, further, that where a disaster occurs on the date of
a school budget revote pursuant to either section two thousand
twenty-three-a or two thousand seven of this part, the district shall
hold an additional day of voting no sooner than five days after the
school budget revote, but no later than the last day of the month of
June. The board of education 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.
3. The commissioner shall notify the board of education and county
board of elections of such date. The clerk of the school district shall
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 and notify all
qualified voters by mail. Such notice shall also direct attention to any
change of polling places, the original notice of disaster determination
from the commissioner, and contain such other and additional information
as in the judgment of the board of education shall be necessary and
proper. The notice of the date of the additional day of voting shall be
made available on the school district's website, if one exists.
4. Official ballots shall be provided at public expense 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
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's annual meeting and 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 canvassing 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 annual meeting and election. Such additional
day of voting shall not be considered a resubmission of such item to the
voters.
* NB Effective July 1, 2026