Bill Text: NY S00874 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides that the elections of school boards and library districts shall coincide with the general election in November.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ELECTIONS [S00874 Detail]
Download: New_York-2015-S00874-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 874 2015-2016 Regular Sessions I N S E N A T E January 7, 2015 ___________ 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: 1 Section 1. Section 1-102 of the election law, as amended by chapter 2 727 of the laws of 1991, is amended to read as follows: 3 S 1-102. Applicability of chapter. This chapter shall govern the 4 conduct of all elections at which voters of the state of New York may 5 cast a ballot for the purpose of electing an individual to any party 6 position or nominating or electing an individual to any federal, state, 7 county, city, town [or], village OR SCHOOL BOARD office, or deciding any 8 ballot question submitted to all the voters of the state or the voters 9 of any county or city, or deciding any ballot question submitted to the 10 voters of any town or village at the time of a general election. Where a 11 specific provision of law exists in any other law which is inconsistent 12 with the provisions of this chapter, such provision shall apply unless a 13 provision of this chapter specifies that such provision of this chapter 14 shall apply notwithstanding any other provision of law. 15 S 2. Subdivision 35 of section 1-104 of the election law, as added by 16 chapter 359 of the laws of 1989, is amended to read as follows: 17 35. The term "election" shall include a "general village election" or 18 "special village election" except where a specific provision of this 19 chapter may not be consistently applied to the village election proce- 20 dure; PROVIDED FURTHER THAT IT SHALL INCLUDE THE ELECTION OF SCHOOL 21 BOARD MEMBERS; PROVIDED, FURTHER, THAT IT SHALL INCLUDE LIBRARY DISTRICT 22 ELECTIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03197-01-5 S. 874 2 1 S 3. Section 3-102 of the election law is amended by adding a new 2 subdivision 9-B to read as follows: 3 9-B. PROMULGATE RULES AND REGULATIONS, IN CONSULTATION WITH THE 4 COMMISSIONER OF EDUCATION, PROVIDING FOR THE SUPERVISION BY THE BOARDS 5 OF ELECTIONS OF THE ELECTION OF SCHOOL BOARD MEMBERS; 6 S 4. Subdivision 4 of section 1804 of the education law, as amended by 7 section 1 of part M of chapter 57 of the laws of 2005, is amended to 8 read as follows: 9 4. The annual meeting [and election] in each central school district 10 shall be held on the third Tuesday of May provided, however that such 11 annual meeting [and election] shall be held on the second Tuesday in May 12 if the commissioner at the request of a local school board certifies no 13 later than March first that such [election] ANNUAL MEETING would 14 conflict with religious observances, and any school budget revote shall 15 be held on the date specified in subdivision three of section two thou- 16 sand seven of this title. THE SCHOOL BOARD ELECTION SHALL BE HELD ON 17 THE TUESDAY NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER. Such annual 18 meeting and school budget revote shall be conducted and [the election of 19 members of the board] shall be held in the same manner as in union free 20 school districts organized and operating under the provisions of this 21 chapter. The board of education of each central school district shall 22 hold a budget hearing not less than seven nor more than fourteen days 23 prior to the annual or special district meeting at which a school budget 24 vote will occur, and shall prepare and present to the voters at such 25 budget hearing a proposed school district budget for the ensuing school 26 year. THE ELECTION OF MEMBERS OF THE BOARD SHALL BE GOVERNED BY THE 27 PROVISIONS OF THE ELECTION LAW. 28 S 5. Subdivision 1 of section 2022 of the education law, as amended by 29 section 7 of part A of chapter 97 of the laws of 2011, is amended to 30 read as follows: 31 1. Notwithstanding any law, rule or regulation to the contrary, [the 32 election of trustees or members of the board of education, and] the vote 33 upon the appropriation of the necessary funds to meet the estimated 34 expenditures, in any common school district, union free school district, 35 central school district or central high school district shall be held at 36 the annual meeting [and election] on the third Tuesday in May, provided, 37 however, that such [election] ANNUAL MEETING shall be held on the second 38 Tuesday in May if the commissioner at the request of a local school 39 board certifies no later than March first that such election would 40 conflict with religious observances. THE SCHOOL BOARD ELECTION SHALL BE 41 HELD ON THE TUESDAY NEXT SUCCEEDING THE FIRST MONDAY IN NOVEMBER. The 42 sole trustee, board of trustees or board of education of every common, 43 union free, central or central high school district and every city 44 school district to which this article applies shall hold a budget hear- 45 ing not less than seven nor more than fourteen days prior to the annual 46 meeting [and election] or special district meeting at which a school 47 budget vote will occur, and shall prepare and present to the voters at 48 such budget hearing a proposed school district budget for the ensuing 49 school year. 50 S 6. Subdivision 2 of section 2601-a of the education law, as amended 51 by section 9 of part A of chapter 97 of the laws of 2011, is amended to 52 read as follows: 53 2. The board of education shall conduct all annual and special school 54 district meetings for the purpose of adopting a school district budget 55 in the same manner as a union free school district in accordance with 56 the provisions of article forty-one of this title, except as otherwise S. 874 3 1 provided by this section. The annual meeting [and election] of each such 2 city school district shall be held on the third Tuesday of May in each 3 year, provided, however that such annual meeting [and election] shall be 4 held on the second Tuesday in May if the commissioner at the request of 5 a local school board certifies no later than March first that such 6 election would conflict with religious observances, and any school budg- 7 et revote shall be held on the date and in the same manner specified in 8 subdivision three of section two thousand seven of this title. THE 9 SCHOOL BOARD ELECTION SHALL BE HELD ON THE TUESDAY NEXT SUCCEEDING THE 10 FIRST MONDAY IN NOVEMBER. The provisions of this article, and where 11 applicable subdivisions nine and nine-a of section twenty-five hundred 12 two of this title, governing the qualification and registration of 13 voters, and procedures for the nomination and election of members of the 14 board of education shall continue to apply, and shall govern the quali- 15 fication and registration of voters and voting procedures with respect 16 to the adoption of a school district budget. 17 S 7. Notwithstanding any inconsistent provision of this act or of any 18 other general, special or local law, all library district elections 19 shall be held on the Tuesday next succeeding the first Monday in Novem- 20 ber. 21 S 8. This act shall take effect at the first general election next 22 succeeding the date on which it shall have become a law; provided, 23 however, that effective immediately, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized and directed to be made 26 and completed on or before such effective date; provided, however, that 27 the amendments to subdivision 1 of section 2022 and subdivision 2 of 28 section 2601-a of the education law made by sections five and six of 29 this act, respectively shall not affect the expiration of such sections 30 and shall be deemed to expire therewith.