Empowers the commissioner of education to declare a disaster has substantially impacted a school board or school budget election and to allow school boards to set an additional day for voting, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3735
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 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, in relation to empowering the commis-
   sioner of education to declare a disaster has substantially impacted a
   school board or school budget election and to allow school  boards  to
   set an additional day for voting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 2022-a
 to read as follows:
   § 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 PROP-
 ERTY 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 FOUR-
 TEEN 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 BUDG-
 ET REVOTE, BUT NO LATER THAN THE LAST DAY OF THE MONTH  OF  JUNE.    THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05793-02-5
 S. 3735                             2
 
 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 POLL-
 ING 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 ADDI-
 TIONAL 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.
   § 2. This act shall take effect July 1, 2026.