S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3930--A A. 3926--A
2017-2018 Regular Sessions
S E N A T E - A S S E M B L Y
January 30, 2017
___________
IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD -- read once and
referred to the Committee on Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to altering the date of
the elections of Albany city school district board members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 district, cause to be submitted at the annual school election a
proposition to consider each vacancy upon the board of education a sepa-
rate specific office requiring a separate petition to nominate a candi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07287-03-7
S. 3930--A 2 A. 3926--A
date to each separate office in accordance with the provisions of arti-
cle fifty-three of this chapter.
§ 2. Paragraphs b, d, m, n, o and p of subdivision 9 of section 2502
of the education law, as added by chapter 65 of the laws of 1972, are
amended to read as follows:
b. The members of the board of education shall be elected at large
throughout the city by the qualified voters at [a general election] AN
ANNUAL SCHOOL ELECTION TAKING PLACE AT THE TIME SPECIFIED UNDER THE
PROVISIONS OF ARTICLE FIFTY-THREE OF THIS CHAPTER.
d. No person shall be eligible for the office of member of such board
of education who 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 one year immediately preceding the date of his OR HER election;
provided, however, that no person shall hold at the same time the office
of member of the board of education and any other elective office nor
shall he OR SHE be a candidate for any other elective office at the same
time he OR SHE is a candidate for the office of member of such board of
education.
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, and prior to
the date of the election, shall decline to accept the nomination, 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 petition shall in
all respects comply with the provisions of paragraphs [(c), (e) and (g)
of this section] 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 [general] 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
years, commencing on the first day of [January] 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 [an] AND including the [thir-
ty-first day of December] THIRTIETH DAY OF JUNE next succeeding the
first [general election] ANNUAL SCHOOL ELECTION at which the vacancy can
be filled.
S. 3930--A 3 A. 3926--A
o. The members so elected to the board of education shall convene on
the first business day in [January] JULY of each year at the time of the
commencement of their term of office and select from their members a
president 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.
p. The election of members of the board of education of the school
district of the city of Albany shall take place at [general elections
held in such city] AN ANNUAL SCHOOL ELECTION HELD IN SUCH CITY AT THE
TIME SPECIFIED UNDER THE PROVISIONS OF ARTICLE FIFTY-THREE OF THIS CHAP-
TER. Such election shall be conducted by the board of elections of the
county of Albany [in the same manner as other elections are conducted by
it] AT THE EXPENSE OF SUCH BOARD OF ELECTIONS 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 board of
elections to the board of education of such city. The clerk or other
appropriate officer of the board of education shall within twenty-four
hours after receipt of such certification by the board of elections
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.
§ 3. Subdivision 1 of section 2602 of the education law, as amended by
chapter 171 of the laws of 1996, is amended to read as follows:
1. Except as otherwise provided in this chapter, including the
provisions of this article, an annual school election shall be held on
the same day as the annual budget vote pursuant to the provisions of
article forty-one of this chapter in each city school district[, except
that the city school district of the city of Albany shall conduct its
annual election separately on the day specified in subdivision nine of
section twenty-five hundred two of this chapter].
§ 4. This act shall take effect immediately and shall apply to any
vacancies on the Albany city school district board occurring after 2017.
