Assembly Bill A6828B

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

Bill Amendments

co-Sponsors

2023-A6828 - Details

See Senate Version of this Bill:
S7233
Current Committee:
Assembly Rules
Law Section:
Education Law
Laws Affected:
Add §2022-a, Ed L

2023-A6828 - Summary

Empowers the commissioner of education to declare a disaster has substantially impacted an annual meeting and election and to allow school boards to set an additional day for voting if less than eight percent of registered voters cast ballots as a direct consequence of a disaster.

2023-A6828 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6828
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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. FOR THE PURPOSES OF
 THIS  SECTION:  A.  THE  TERM  "DISASTER" SHALL MEAN A FIRE, EARTHQUAKE,
 TORNADO, HURRICANE, STORM, CYBERATTACK, FLOOD,  HIGH  WATER,  LANDSLIDE,
 SNOWSTORM,  EXPLOSION, POWER FAILURE, NUCLEAR OR CHEMICAL CONTAMINATION,
 ACT OF SABOTAGE, ENEMY ATTACK, CONTAGIOUS  DISEASE  OUTBREAK,  OR  OTHER
 EVENT WHICH RESULTS IN SUBSTANTIAL DAMAGE TO PROPERTY, HARDSHIP, SUFFER-
 ING, OR POSSIBLE OR ACTUAL LOSS OF LIFE.
   B.  THE TERM "AFFECTED DISTRICT" SHALL MEAN ANY DISTRICT FOR WHICH THE
 COMMISSIONER HAS ISSUED A DISASTER DETERMINATION PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION.
   2. THE COMMISSIONER, WITH RESPECT TO ANY SCHOOL BOARD OR SCHOOL BUDGET
 ELECTIONS CONDUCTED WITHIN THE STATE,  EITHER  AT  THE  REQUEST  OF  THE
 SCHOOL BOARD OR BY THE COMMISSIONER'S OWN JUDGEMENT, MAY DETERMINE THAT,
 AS THE DIRECT CONSEQUENCE OF A DISASTER, LESS THAN TEN PER CENTUM OF THE
 REGISTERED  VOTERS  OF ANY COMMON, CENTRAL, CENTRAL HIGH, UNION FREE, OR
 CITY SCHOOL DISTRICT, ACTUALLY VOTED IN SUCH ELECTION OR ELECTIONS.  THE
 COMMISSIONER  SHALL NOTIFY EACH AFFECTED DISTRICT, AND EACH COUNTY BOARD
 OF ELECTIONS OF EACH COUNTY IN WHICH AN AFFECTED  DISTRICT  IS  LOCATED,
 THAT AN ADDITIONAL DAY OF VOTING SHALL BE HELD, WHICH NOTICE SHALL SHOW:
 THE  NATURE  OF  THE DISASTER; THE SCHOOL DISTRICT OR DISTRICTS AFFECTED
 THEREBY; THE NUMBER OF PERSONS DULY REGISTERED TO VOTE THEREIN  AT  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-01-3
              

co-Sponsors

2023-A6828A - Details

See Senate Version of this Bill:
S7233
Current Committee:
Assembly Rules
Law Section:
Education Law
Laws Affected:
Add §2022-a, Ed L

2023-A6828A - Summary

Empowers the commissioner of education to declare a disaster has substantially impacted an annual meeting and election and to allow school boards to set an additional day for voting if less than eight percent of registered voters cast ballots as a direct consequence of a disaster.

2023-A6828A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6828--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. McDONALD, GUNTHER -- read once and referred to
   the Committee on Education -- recommitted to the Committee  on  Educa-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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 ANY  SCHOOL
 BOARD  OR  SCHOOL BUDGET ELECTION IF THEY DETERMINE THAT LESS THAN EIGHT
 PERCENT OF REGISTERED VOTERS CAST BALLOTS 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  PROPERTY  OR THE POSSIBLE OR ACTUAL LOSS OF LIFE. THE PROCE-
 DURES APPLICABLE TO A SCHOOL 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  ELECTION  DATE, 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 RESUB-
 MISSION OF THE BUDGET TO VOTERS PURSUANT TO EITHER SECTION TWO  THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-05-4
              

co-Sponsors

2023-A6828B (ACTIVE) - Details

See Senate Version of this Bill:
S7233
Current Committee:
Assembly Rules
Law Section:
Education Law
Laws Affected:
Add §2022-a, Ed L

2023-A6828B (ACTIVE) - Summary

Empowers the commissioner of education to declare a disaster has substantially impacted an annual meeting and election and to allow school boards to set an additional day for voting if less than eight percent of registered voters cast ballots as a direct consequence of a disaster.

2023-A6828B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6828--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. McDONALD, GUNTHER -- read once and referred to
   the Committee on Education -- recommitted to the Committee  on  Educa-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10706-09-4
              

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