S T A T E O F N E W Y O R K
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S. 7432 A. 9040
S E N A T E - A S S E M B L Y
January 18, 2018
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IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Education
IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to the elections of
members to the board of education of the city school district of the
city of Albany
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs c, h, k, m, n, o and p of subdivision 9 of
section 2502 of the education law, paragraphs c and h as added by chap-
ter 65 of the laws of 1972, paragraph k as amended by chapter 221 of the
laws of 1995, and paragraphs m, n, o and p as amended by chapter 84 of
the laws of 2017, are amended to read as follows:
c. Such elections for such offices shall be governed by the provisions
of [the election law in the same manner as candidates for office gener-
ally to be elected by the voters of the city of Albany] ARTICLE FIFTY-
THREE OF THIS CHAPTER, provided, however, that each such candidate shall
be required to file a petition containing signatures of at least two
hundred fifty registered voters of the city of Albany which petition
shall not contain any political party or independent body, name or
emblem. Each petition shall contain the name of only one candidate and
such petitions shall be filed with the clerk of the board of [elections]
EDUCATION on or before the last day to file independent nominating
petitions.
h. The CLERK OF THE board of [elections] EDUCATION shall refuse to
accept such petitions signed by an insufficient number of qualified
voters, or petitions which are not timely or petitions bearing a poli-
tical party or independent body name or emblem.
k. The board of [elections] EDUCATION shall cause to be printed offi-
cial ballots containing the names of all candidates as above provided,
except that the board may refuse to have the names of ineligible candi-
dates placed on such ballots. The names of the candidates shall be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14188-01-8
S. 7432 2 A. 9040
arranged in the order as determined by the drawing by lot by the CLERK
OF THE board of [elections] EDUCATION in the manner specified under the
provisions of paragraph b of subdivision two of section two thousand
thirty-two of this [chapter] TITLE, and shall not bear the designation
of any political party or independent body name or emblem. Blank spaces
shall be provided so that voters may vote for candidates who have not
been nominated for the offices to be filled at such elections. The form
of such ballots shall conform substantially to the form of ballots used
at general elections as prescribed in the election law. SUCH BALLOTS
SHALL BE PRINTED AT THE EXPENSE OF THE CITY SCHOOL DISTRICT OF ALBANY.
m. If a candidate, after a petition in his or her behalf shall have
been duly filed with the clerk of the board of [elections] EDUCATION,
and prior to the date of the election, shall decline to accept the nomi-
nation, die, remove from the district, accept or be a candidate for
another elective office, or become otherwise disqualified for such city
school district office, a further petition may be filed with such clerk,
nominating another candidate in his place and stead. Such further peti-
tion shall in all respects comply with the provisions of paragraphs c, e
and g of this subdivision, except that it may be filed at any time up to
and including the fifteenth day preceding the date of the annual school
election and the time within which to accept or object to such further
petition shall be computed from the date of filing or said fifteenth day
whichever is earlier.
n. The term of office of each member of such board shall be [five]
FOUR years, commencing on the first day of July following his or her
election[, provided, however, that the members first elected shall be
elected: three members for three year terms; three members for four
year terms; one member for a five year term]. The candidates receiving a
plurality of the votes cast respectively for the several offices shall
be declared elected. Where more than one office is to be filled by such
election and there is a variance in the length of the terms for which
such offices are to be filled as authorized by this chapter, or where
one or more persons are to be elected for a full term or terms and one
or more persons are to be elected for the unexpired portion of a term or
terms, or both, the candidate receiving the largest number of votes
shall be entitled to the longest term and the candidates receiving the
next highest number of votes shall be entitled, in decreasing order of
the respective numbers of votes, to the several offices, in decreasing
order of the length of such terms or unexpired portions of terms. When-
ever a vacancy shall occur or exist in the office of a member of the
board of education except by reason of expiration of term or increase in
the number of members of such board, a majority of the remaining members
of such board, shall elect a qualified person to fill the vacancy. The
person so elected shall hold office up to and including the thirtieth
day of June next succeeding the first annual school election at which
the vacancy can be filled.
o. The members so elected to the board of education shall convene [on
the first business day in July of each year] FOR THEIR ANNUAL MEETING IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND FIVE HUNDRED FOUR
OF THIS ARTICLE, IN JULY OF EACH YEAR at the time of the commencement of
their term of office and select from their members a president, AND, IF
THEY CHOOSE TO DO SO, A VICE PRESIDENT AND SECRETARY, who shall serve
for a term of one year or such other term, not exceeding the term of his
or her office, as may be fixed by the rules and regulations of the
board.
S. 7432 3 A. 9040
p. The election of members of the board of education of the school
district of the city of Albany shall take place at an annual school
election held in such city at the time specified under the provisions of
article fifty-three of this chapter. Such election shall be conducted by
the board of [elections of the county] EDUCATION OF THE CITY SCHOOL
DISTRICT of Albany at the expense of such board of [elections] EDUCATION
in the same manner as other elections are conducted by it. The results
of such elections, after canvassing, shall be certified and reported by
the CLERK OF THE board of [elections] EDUCATION to the board of educa-
tion of such city SCHOOL DISTRICT. The clerk or other appropriate offi-
cer of the board of education shall within twenty-four hours after
receipt of such certification by the CLERK OF THE board of [elections]
EDUCATION serve a written notice either personally or by mail upon each
person declared to be elected as a member of the board of education
informing him of his election and the length of his term.
§ 2. This act shall take effect immediately.