S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6846
 
                        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 establishing deadlines
   for  finalizing  and  objecting to nominating petitions for small city
   school board elections
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1 and 2 of section 2608 of the education law,
 subdivision 1 as amended by chapter 273 of the laws of 1987 and subdivi-
 sion 2 as amended by chapter 502 of the laws of  1974,  are  amended  to
 read as follows:
   1.  Candidates  for members of the board of education in a city school
 district shall be nominated by petition directed to the board of  educa-
 tion  and  signed  by  at least one hundred persons qualified to vote at
 school elections in such district. Such petition shall contain the names
 and residences of the candidates for  the  vacancies  in  the  board  of
 education  to  be filled at the annual election. Where a proposition has
 been adopted by the voters of such district to require that each vacancy
 on the board of education to be filled shall be  considered  a  separate
 specific  office,  a  separate  petition shall be required to nominate a
 candidate to each separate office and such petition shall  describe  the
 specific  vacancy  on  the board of education for which the candidate is
 nominated, which description shall include at least the  length  of  the
 term  of  office  and  the  name  of  the  last  incumbent, if any. Such
 petitions shall be filed in the office of the  clerk  of  the  board  of
 education between the hours of nine a.m. and five p.m., on or before the
 [twentieth]  THIRTIETH day preceding the day of the annual election. The
 clerk shall refuse to accept petitions signed by an insufficient  number
 of qualified voters, or petitions which are not timely. BEGINNING ON THE
 FOLLOWING DAY, AND FOR A FIVE-DAY PERIOD THEREAFTER, QUALIFIED VOTERS OF
 THE  DISTRICT  MAY  OBJECT  TO THE PLACEMENT OF ONE OR MORE NAMES ON THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10697-01-3
              

 A. 6846                             2
 
 BALLOT, ON THE  FOLLOWING  BASES:  INSUFFICIENT  NUMBER  OF  SIGNATURES;
 SIGNATORIES WHO ARE NOT QUALIFIED TO VOTE IN SUCH ELECTION; INSUFFICIENT
 CANDIDATE INFORMATION; OR FAILING TO FILE BEFORE THE DEADLINE. THE BOARD
 SHALL THEN HAVE FIVE DAYS TO EXAMINE EACH OBJECTION AND DETERMINE WHETH-
 ER  TO  REMOVE  THE NAMES OF ONE OR MORE CANDIDATES FROM THE BALLOT. THE
 CLERK OF THE BOARD OF EDUCATION SHALL FINALIZE THE BALLOT ON THE TWENTI-
 ETH DAY PRECEDING THE DAY OF THE ANNUAL  ELECTION,  IN  ACCORDANCE  WITH
 SUBDIVISION  TWO  OF  THIS  SECTION,  AFTER  THE  BOARD HAS EXAMINED AND
 DECIDED ON ALL OBJECTIONS. If a candidate for whom a nominating petition
 for the office of member of a board of education  has  been  duly  filed
 withdraws  such  petition,  dies or becomes otherwise ineligible to hold
 such office at a time which is later than fifteen days before  the  last
 day  for the filing of nominating petitions as provided in this subdivi-
 sion, the time for filing nominating petitions for such office shall  be
 extended  to  five p.m. on the fifteenth day after the date on which the
 candidate withdrew, died or otherwise became  ineligible  to  hold  such
 office,  provided  that  no  such nominating petition may be filed after
 five p.m.  on the seventh day preceding the election.
   2. The board of education shall cause to be printed  official  ballots
 containing  the  names  of all candidates as above provided, except that
 the board may refuse to have the names of ineligible  candidates  placed
 on  such ballots. The names of the candidates shall be [arranged] LISTED
 in the order as determined by the drawing by lot in accordance with  the
 provisions  of  paragraph  b  of subdivision two of section two thousand
 thirty-two of this [law] TITLE.  SUCH DRAWING SHALL BE CONDUCTED BY  THE
 CLERK  OF  THE BOARD OF EDUCATION AND SHALL BE HELD ON THE TWENTIETH DAY
 PRECEDING THE DAY OF THE ANNUAL ELECTION. 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.
   § 2. Paragraph b of subdivision 2 of section  2032  of  the  education
 law,  as  amended by chapter 502 of the laws of 1974, is amended to read
 as follows:
   b. The names of all candidates for each separate specific office shall
 be grouped together and at the top of  each  group  shall  be  placed  a
 description  of  the  separate specific office for which such candidates
 are nominated, which description shall include at least  the  length  of
 the  term  of  office and the name of the last incumbent, if any, and in
 addition a direction that only one vote may be  cast  in  each  separate
 group.  The  names  of  the candidates for each separate specific office
 shall be listed in the order as determined by a drawing by lot.   [Such]
 EXCEPT  FOR  DISTRICTS  SUBJECT  TO THE PROCEDURES IN SUBDIVISION TWO OF
 SECTION TWO THOUSAND SIX HUNDRED EIGHT OF THIS TITLE, SUCH drawing shall
 be conducted by the clerk of the board of education and  shall  be  held
 the  day after the last possible date for candidates to file a petition.
 In the event that any candidate is not present in person or by a  person
 designated  in  a  written proxy to accomplish the drawing, the district
 clerk shall be authorized to act as  proxy.  In  any  district  where  a
 proposition  has  been  adopted pursuant to [paragraph] SUBDIVISION b of
 section two thousand eighteen OF THIS TITLE, the names of all candidates
 for vacancies upon the board of education shall be arranged according to
 lot as prescribed in this section, and a direction shall be made that as
 many candidates may be voted for as there are vacancies to be filled.
   § 3. This act shall take effect July 1, 2023.