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STATE OF NEW YORK
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5651

2011-2012 Regular Sessions

IN ASSEMBLY

February 24, 2011
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Introduced  by  M.  of  A.  J. MILLER  --  read once and referred to the
  Committee on Election Law

AN ACT to amend the election law and the education law, in  relation  to
  supervision of school board elections by the board of election

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1-102 of the election law, as  amended  by  chapter
727 of the laws of 1991, is amended to read as follows:
  S  1-102.  Applicability  of  chapter.  This  chapter shall govern the
conduct of all elections at which voters of the state of  New  York  may
cast  a  ballot  for  the purpose of electing an individual to any party
position or nominating or electing an individual to any federal,  state,
county, city, town [or], village OR SCHOOL BOARD office, or deciding any
AND  ALL  ballot [question] QUESTIONS AND/OR BUDGET REFERENDUM submitted
to all the voters of the state or the voters of any county or  city,  or
deciding  any  ballot  question  submitted  to the voters of any town or
village at the time of a general election. Where a specific provision of
law exists in any other law which is inconsistent with the provisions of
this chapter, such provision shall apply  unless  a  provision  of  this
chapter  specifies  that  such  provision  of  this  chapter shall apply
notwithstanding any other provision of law.
  S 2. Section 3-102 of the election law is  amended  by  adding  a  new
subdivision 9-B to read as follows:
  9-B.  PROMULGATE  RULES  AND  REGULATIONS,  IN  CONSULTATION  WITH THE
COMMISSIONER OF EDUCATION, PROVIDING FOR THE SUPERVISION BY  THE  BOARDS
OF ELECTIONS OF SCHOOL BOARD MEMBERS;
  S  3.  Section  1602  of  the education law is amended by adding a new
subdivision 4 to read as follows:
  4. EVERY ELECTION OF A TRUSTEE OR TRUSTEES PURSUANT  TO  THIS  SECTION
SHALL  BE  SUBJECT  TO  THE  SUPERVISION  OF  THE BOARD OF ELECTIONS, AS
DEFINED IN SECTION 1-104 OF THE ELECTION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08222-01-1
A. 5651                             2

  S 4. Section 1702 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  EVERY ELECTION CONDUCTED PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO THE SUPERVISION OF THE BOARD OF  ELECTIONS,  AS  DEFINED  IN  SECTION
1-104 OF THE ELECTION LAW.
  S 5. Subdivision 3 of section 1703 of the education law, as amended by
chapter 797 of the laws of 1957, is amended to read as follows:
  3.  The additional members first elected shall be elected at a special
meeting which shall be called by the board and be  held  not  less  than
thirty  nor  more  than sixty days following the annual meeting at which
the number was increased, and pending the first election of  such  addi-
tional members no vacancy shall be deemed to exist in the offices there-
of except for the purpose of filling the same by election, notwithstand-
ing  any  inconsistent  provision of any law.   EVERY ELECTION CONDUCTED
PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO THE SUPERVISION OF  THE
BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW.
  S 6. Subdivision 4 of section 1804 of the education law, as amended by
section  1  of  part  M of chapter 57 of the laws of 2005, is amended to
read as follows:
  4. The annual meeting and election in  each  central  school  district
shall  be  held  on the third Tuesday of May provided, however that such
annual meeting and election shall be held on the second Tuesday  in  May
if  the commissioner at the request of a local school board certifies no
later than March first that such election would conflict with  religious
observances,  and  any  school  budget  revote shall be held on the date
specified in subdivision three of section two  thousand  seven  of  this
title.  Such  annual meeting and school budget revote shall be conducted
and the election of members of the board  shall  be  held  in  the  same
manner  as  in union free school districts organized and operating under
the provisions of this chapter, INCLUDING SUPERVISION OF  SUCH  ELECTION
BY THE BOARD OF ELECTIONS. The board of education of each central school
district  shall  hold a budget hearing not less than seven nor more than
fourteen days prior to the annual or special district meeting at which a
school budget vote will occur, and shall  prepare  and  present  to  the
voters  at such budget hearing a proposed school district budget for the
ensuing school year.
  S 7. The education law is amended by adding a new  section  2029-a  to
read as follows:
  S  2029-A. SUPERVISION OF ELECTION OF TRUSTEES AND MEMBERS OF BOARD OF
EDUCATION. EVERY ELECTION FOR THE OFFICE OF TRUSTEE  OR  MEMBER  OF  THE
BOARD  OF  EDUCATION SHALL BE SUBJECT TO THE SUPERVISION OF THE BOARD OF
ELECTIONS, AS DEFINED IN SECTION 1-104 OF THE ELECTION LAW.
  S 8. Subdivision 2 of section 2502 of the education law, as amended by
chapter 698 of the laws of 1989, is amended to read as follows:
  2. Each board of education  shall  consist  of  five,  seven  or  nine
members,  to be known as members of the board of education.  In the city
of Albany, such board shall consist of seven members; and in the city of
Rensselaer, such board shall consist of five members; subject,  however,
to  any  increase  or decrease of the number of members of such board as
provided pursuant to the provisions of paragraph a of  subdivision  four
of this section. Members of such board shall be elected by the qualified
voters at large of the school district at annual school elections, under
the provisions of article fifty-three of this chapter except in the city
school  district of the city of Albany; provided, however, each board of
education may upon its own motion, and shall upon  a  written  petition,
subscribed  by  not  less  than  five  hundred  qualified  voters of the
A. 5651                             3

district, cause to be submitted at the annual school election a proposi-
tion to consider each vacancy upon the board  of  education  a  separate
specific office requiring a separate petition to nominate a candidate to
each  separate  office  in  accordance  with  the  provisions of article
fifty-three of this chapter.  EVERY ELECTION OF A MEMBER OF A  BOARD  OF
EDUCATION  PURSUANT  TO THIS SECTION SHALL BE SUBJECT TO THE SUPERVISION
OF THE BOARD OF ELECTIONS, AS DEFINED IN SECTION 1-104 OF  THE  ELECTION
LAW.
  S 9. 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 is chosen for a period of at
least three years immediately preceding the  date  of  his  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 imme-
diately preceding the date of his election and in the case of  a  member
elected  from a city school subdistrict 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 represents or seeks to represent for a period of one year imme-
diately preceding the date of his election, 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 election or appointment.  EVERY ELECTION OF  A
MEMBER OF A BOARD OF EDUCATION PURSUANT TO THIS SECTION SHALL BE SUBJECT
TO  THE  SUPERVISION  OF  THE  BOARD OF ELECTIONS, AS DEFINED IN SECTION
1-104 OF THE ELECTION LAW.
  S 10. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law. Any rules and regulations necessary to
implement  the  provisions of this act on its effective date are author-
ized and directed to be promulgated, amended or repealed  on  or  before
such date.