NY State Senate Bill 2017-S1060

Senate Bill S1060

2017-2018 Legislative Session

Provides that the elections of school boards and library districts shall coincide with the general election in November

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Jan 06, 2017	referred to elections

2017-S1060 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§1-102, 1-104 & 3-102, El L; amd §§1804, 2022 & 2601-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4670
2015-2016: S874
2019-2020: S3552

2017-S1060 (ACTIVE) - Summary

Provides that the elections of school boards and library districts shall coincide with the general election in November.

2017-S1060 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1060

 TITLE OF BILL :  An act to amend the election law, in relation to the
applicability of such chapter to boards of education elections; to
amend the education law, in relation to school board elections; and in
relation to library district elections

 PURPOSE :

Provides that the elections of school boards and library districts
shall coincide with the general election in November.

 SUMMARY OF PROVISIONS :

Section 1. Amends section 1-102 of the election law to include
elections for school board office within the applicability of the
election law.

Section 2. Amends subdivision 35 of section 1-104 of the election law
to include the election of school board members and library district
elections within the definition of "election" under the election law.

Section 3. Adds a new subdivision 9-B to section 3-102 of the election
law to require that the state board of elections, in consultation with
the commissioner of education, promulgate rules and regulations for
the supervision by local boards of election of the election of school

board members.

Section 4. Amends subdivision 4 of section 1804 of the education law
to provide that elections for school board shall be held on the
Tuesday next succeeding the first Monday in November.

Section 5. Amends subdivision 1 of section 2022 of the education law
to remove references to the election of school board members from the
provisions governing the annual meeting in May and to provide that the
school board election shall be on the Tuesday next succeeding the
first Monday in November.

Section 6. Amends subdivision 2 of section 2601-a of the education law
to remove references to the election of school board members from the
provisions governing the annual meeting in May and to provide that the
school board election shall be on the Tuesday next succeeding the
first Monday in November.

Section 7. Provides that, notwithstanding any inconsistent provision
of this act or of any other general, special or local law, all library
district elections shall be held on the Tuesday next succeeding the
first Monday in November.

Section 8. Effective date.

 EXISTING LAW :

Current law provides that school board elections shall be held on the
third Tuesday of May, with library district elections typically held
at the same time.

 JUSTIFICATION :

New York's current system of holding school board elections in May
leads to voter confusion and contributes to low voter turnout these
elections. Studies have consistently shown that voter turnout is the
highest on the November election day when elections for state and/or
federal offices are held. Holding school board elections at the same
time will make the process less confusing for voters and will lead to
greater citizen participation in local school board elections.
 LEGISLATIVE HISTORY :

2015-16: S874 - Elections
2013-14: S4670 - Elections

 FISCAL IMPLICATIONS :

Anticipated savings to school districts.

 EFFECTIVE DATE :
This act shall take effect at the first general election next
succeeding the date on which it shall have become a law.

2017-S1060 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1060
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to  the  applicability  of
   such  chapter to boards of education elections; to amend the education
   law, in relation to school board elections; and in relation to library
   district elections
 
   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:
   § 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
 ballot question 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.
   § 2. Subdivision 35 of section 1-104 of the election law, as added  by
 chapter 359 of the laws of 1989, is amended to read as follows:
   35.  The term "election" shall include a "general village election" or
 "special village election" except where a  specific  provision  of  this
 chapter  may  not be consistently applied to the village election proce-
 dure; PROVIDED FURTHER THAT IT SHALL  INCLUDE  THE  ELECTION  OF  SCHOOL
 BOARD MEMBERS; PROVIDED, FURTHER, THAT IT SHALL INCLUDE LIBRARY DISTRICT
 ELECTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01803-01-7

 S. 1060                             2
 
   §  3.  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 THE ELECTION OF SCHOOL BOARD MEMBERS;
   § 4. 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]  ANNUAL  MEETING would
 conflict with religious observances, and any school budget revote  shall
 be  held on the date specified in subdivision three of section two thou-
 sand seven of this title.  THE SCHOOL BOARD ELECTION SHALL  BE  HELD  ON
 THE  TUESDAY  NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER.  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. 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.  THE ELECTION OF MEMBERS OF THE BOARD SHALL  BE  GOVERNED  BY  THE
 PROVISIONS OF THE ELECTION LAW.
   § 5. Subdivision 1 of section 2022 of the education law, as amended by
 section  7  of  part  A of chapter 97 of the laws of 2011, is amended to
 read as follows:
   1. Notwithstanding any law, rule or regulation to the  contrary,  [the
 election of trustees or members of the board of education, and] the vote
 upon  the  appropriation  of  the  necessary funds to meet the estimated
 expenditures, in any common school district, union free school district,
 central school district or central high school district shall be held at
 the annual meeting [and election] on the third Tuesday in May, provided,
 however, that such [election] ANNUAL MEETING 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.  THE SCHOOL BOARD ELECTION SHALL BE
 HELD ON THE TUESDAY NEXT SUCCEEDING THE FIRST MONDAY  IN  NOVEMBER.  The
 sole  trustee,  board of trustees or board of education of every common,
 union free, central or central  high  school  district  and  every  city
 school  district to which this article applies shall hold a budget hear-
 ing not less than seven nor more than fourteen days prior to the  annual
 meeting  [and  election]  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.
   § 6. Subdivision 2 of section 2601-a of the education law, as  amended
 by  section 9 of part A of chapter 97 of the laws of 2011, is amended to
 read as follows:
   2. The board of education shall conduct all annual and special  school
 district  meetings  for the purpose of adopting a school district budget
 in the same manner as a union free school district  in  accordance  with
 the  provisions  of article forty-one of this title, except as otherwise

 S. 1060                             3
 
 provided by this section. The annual meeting [and election] of each such
 city school district shall be held on the third Tuesday of May  in  each
 year, 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 budg-
 et  revote shall be held on the date and in the same manner specified in
 subdivision three of section two thousand seven  of  this  title.    THE
 SCHOOL  BOARD  ELECTION SHALL BE HELD ON THE TUESDAY NEXT SUCCEEDING THE
 FIRST MONDAY IN NOVEMBER. The provisions  of  this  article,  and  where
 applicable  subdivisions  nine and nine-a of section twenty-five hundred
 two of this title,  governing  the  qualification  and  registration  of
 voters, and procedures for the nomination and election of members of the
 board  of education shall continue to apply, and shall govern the quali-
 fication and registration of voters and voting procedures  with  respect
 to the adoption of a school district budget.
   §  7. Notwithstanding any inconsistent provision of this act or of any
 other general, special or local  law,  all  library  district  elections
 shall  be held on the Tuesday next succeeding the first Monday in Novem-
 ber.
   § 8. This act shall take effect at the  first  general  election  next
 succeeding  the  date  on  which  it  shall have become a law; provided,
 however, that effective  immediately,  the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized and directed  to  be  made
 and  completed on or before such effective date; provided, however, that
 the amendments to subdivision 1 of section 2022  and  subdivision  2  of
 section  2601-a  of  the  education law made by sections five and six of
 this act, respectively shall not affect the expiration of such  sections
 and shall be deemed to expire therewith.

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