S T A T E O F N E W Y O R K
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7233
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
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. 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
S. 7233 2
SCHOOL BOARD OR SCHOOL BUDGET ELECTION; AND THE NUMBER OF PERSONS WHO
VOTED THEREIN AT SUCH SCHOOL BOARD OR SCHOOL BUDGET ELECTION.
3. A. THE SCHOOL BOARD FOR EACH AFFECTED DISTRICT, BY RESOLUTION,
SHALL THEREAFTER SET A DATE FOR AN ADDITIONAL DAY FOR VOTING, WHICH
SHALL NOT BE LESS THAN SEVEN DAYS AFTER NOR MORE THAN FOURTEEN DAYS
AFTER THE ORIGINAL DATE OF THE SCHOOL DISTRICT OR SCHOOL BUDGET ELECTION
EXCEPT AS PROVIDED IN PARAGRAPHS C AND D OF THIS SUBDIVISION, AND 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.
B. THE CLERK OF THE SCHOOL BOARD OF EACH AFFECTED DISTRICT SHALL: (I)
CAUSE THE RESOLUTION TO BE MAILED TO EACH COUNTY BOARD OF ELECTIONS WITH
JURISDICTION OVER ALL OR PART OF THE SCHOOL DISTRICT BY OVERNIGHT DELIV-
ERY, RETURN RECEIPT REQUESTED, (II) 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, (III) NOTIFY ALL QUALIFIED VOTERS BY MAIL, AND
SUCH NOTICE SHALL ALSO DIRECT ATTENTION TO ANY CHANGE OF POLLING PLACES,
THE ORIGINAL NOTICE OF DISASTER DETERMINATION FROM THE COMMISSIONER OF
EDUCATION, AND CONTAIN SUCH OTHER AND ADDITIONAL INFORMATION AS IN THE
JUDGMENT OF THE SCHOOL BOARD SHALL BE NECESSARY AND PROPER, (IV) CAUSE
NOTICE OF THE DATE OF THE ADDITIONAL DAY OF VOTING TO BE MADE AVAILABLE
ON THE DISTRICT'S WEBSITE, IF ONE EXISTS.
C. IF THE SCHOOL BOARD FOR AN AFFECTED DISTRICT DETERMINES, BY RESOL-
UTION, THAT IT WOULD NOT BE FEASIBLE TO HOLD AN ADDITIONAL DAY OF VOTING
WITHIN THE TIMELINES ESTABLISHED IN THIS SECTION, THE BOARD SHALL INFORM
THE COMMISSIONER OF EDUCATION, WHO SHALL EXTEND ONLY AS LONG AS IS
NECESSARY THE ABILITY OF THE BOARD TO DETERMINE THE DATE FOR AN ADDI-
TIONAL DAY OF VOTING, EXCEPT PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION.
D. WHERE A SCHOOL DISTRICT BUDGET HAS BEEN RESUBMITTED TO VOTERS
PURSUANT TO SECTION TWO THOUSAND TWENTY-THREE-A OR TWO THOUSAND SEVEN OF
THIS PART, THE PROVISIONS OF PARAGRAPH B OF THIS SUBDIVISION SHALL
APPLY, AND: (I) IF THERE IS A DISASTER ON THE ORIGINAL DAY OF VOTING,
AND PURSUANT TO A DISASTER DETERMINATION BY THE COMMISSIONER THE
DISTRICT HAS SCHEDULED AN ADDITIONAL DAY OF VOTING, AND AFTER THE ADDI-
TIONAL DAY OF VOTING THE PROPOSED BUDGET FAILS, SCHOOL DISTRICTS MAY
RESUBMIT THEIR BUDGET TO VOTERS ON THE THIRD TUESDAY IN JUNE, PURSUANT
TO EITHER SECTION TWO THOUSAND TWENTY-THREE-A OR TWO THOUSAND SEVEN OF
THIS PART, (II) IF THERE IS NO DISASTER ON THE ORIGINAL DAY OF VOTING,
BUT A DISASTER INSTEAD ON THE DATE OF THE RESUBMISSION OF THE BUDGET TO
VOTERS PURSUANT TO EITHER SECTION TWO THOUSAND TWENTY-THREE-A OR TWO
THOUSAND SEVEN OF THIS PART, THE COMMISSIONER MAY ISSUE A DISASTER
DETERMINATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION, UPON WHICH
THE DISTRICT SHALL HOLD AN ADDITIONAL DAY OF VOTING NO SOONER THAN FIVE
DAYS AFTER THE RESUBMISSION VOTE, BUT NO LATER THAN THE LAST DAY OF THE
MONTH OF JUNE.
4. OFFICIAL BALLOTS SHALL BE PROVIDED AT PUBLIC EXPENSE, PURSUANT TO
SUBDIVISION EIGHTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS
CHAPTER, AT EACH POLLING 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
S. 7233 3
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 ADDITIONAL DAY OF VOTING IS COMPLETE.
5. ONLY THOSE PERSONS QUALIFIED TO VOTE UPON THE ORIGINAL DATE OF THE
SCHOOL DISTRICT 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 CANVASS-
ING 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
GENERAL ELECTION.
§ 2. Section 3641 of the education law is amended by adding a new
subdivision 18 to read as follows:
18. SCHOOL ELECTION DISASTER FUND. A. FOR THE PURPOSE OF THIS SUBDIVI-
SION: (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION
FREE, CENTRAL, CENTRAL HIGH SCHOOL, OR CITY SCHOOL DISTRICT THAT HAS
CONDUCTED AN ADDITIONAL DAY OF VOTING FOLLOWING A DISASTER DETERMINATION
BY THE COMMISSIONER PURSUANT TO SECTION TWO THOUSAND TWENTY-TWO-A OF
THIS CHAPTER.
(2) THE TERM "ALL ACTUAL COSTS ASSOCIATED WITH ADMINISTERING AN ADDI-
TIONAL DAY OF ELECTIONS" SHALL MEAN ALL COSTS BORNE BY ELIGIBLE
DISTRICTS DIRECTLY ASSOCIATED WITH ADMINISTERING AN ADDITIONAL DAY OF
VOTING, INCLUDING: (I) WAGES FOR POLL WORKERS AND OTHER STAFF ASSOCIATED
WITH THE ADDITIONAL DAY OF VOTING, (II) POSTAGE, PRINTING, AND MAILING
COSTS TO PROVIDE NOTICE OF THE DATE OF THE ADDITIONAL ELECTION DAY TO
ELIGIBLE VOTERS, (III) COSTS OF PUBLISHING NOTICE IN ONE OR MORE NEWSPA-
PERS OF THE DATE OF THE ADDITIONAL ELECTION DAY, (IV) COSTS OF TRANS-
PORTING VOTERS TO POLLING LOCATIONS ON THE ADDITIONAL DAY OF VOTING, (V)
COSTS ASSOCIATED WITH MAINTAINING A POLLING PLACE FOR THE ADDITIONAL
TIME, (VI) COSTS FOR ADDRESSING DAMAGE TO POLLING LOCATIONS CAUSED BY
THE DISASTER, (VII) RENTAL AND OTHER COSTS DUE TO THE ADDITIONAL TIME OF
MAINTAINING THE VOTING MACHINE, (VIII) NECESSARY PURCHASE OF VOTING
MACHINES DUE TO DAMAGE DONE TO OTHER VOTING MACHINES AS A RESULT OF THE
DISASTER, (IX) PRINTING AND FURNISHING OF BALLOTS FOR THE ADDITIONAL DAY
OF VOTING, (X) ALL OTHER COSTS AS THE COMMISSIONER SHALL DEEM APPROPRI-
ATE.
B. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A
REQUEST FOR FUNDS DEVELOPED BY THE COMMISSIONER AND APPROVED BY THE
DIRECTOR OF THE BUDGET, THE COMMISSIONER SHALL DISBURSE MONIES TO ELIGI-
BLE SCHOOL DISTRICTS FROM THE SCHOOL ELECTION DISASTER FUND PURSUANT TO
THIS SUBDIVISION, BEGINNING IN THE TWO THOUSAND TWENTY-THREE--TWO THOU-
SAND TWENTY-FOUR SCHOOL YEAR, TO REIMBURSE ELIGIBLE SCHOOL DISTRICTS FOR
ALL ACTUAL COSTS ASSOCIATED WITH ADMINISTERING AN ADDITIONAL DAY OF
ELECTIONS.
(1) FOR A THREE-MONTH PERIOD FOLLOWING THEIR DAY OF ADDITIONAL VOTING,
ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLICATION TO THE COMMISSIONER,
IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER, TO REQUEST FUNDING
PURSUANT TO THIS SUBDIVISION. THE COMMISSIONER MAY DETERMINE THAT, AS
THE DIRECT CONSEQUENCE OF THE DISASTER FOR WHICH THE COMMISSIONER ISSUED
A DISASTER DETERMINATION PURSUANT TO SECTION TWO THOUSAND TWENTY-TWO-A
OF THIS CHAPTER, THAT AN ELIGIBLE SCHOOL DISTRICT'S ABILITY TO MAKE A
FILING WITH RESPECT TO THIS SUBDIVISION IS SUBSTANTIALLY IMPAIRED. UPON
S. 7233 4
MAKING SUCH A FINDING, THE COMMISSIONER SHALL EXTEND FOR A REASONABLE
TIME THE PERIOD FOR MAKING SUCH FILING.
(2) THE COMMISSIONER SHALL MAKE AVAILABLE SUCH APPLICATION ON OR
BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR.
(3) MONIES FROM THE SCHOOL ELECTION DISASTER FUND SHALL BE ALLOCATED
UPON APPROVAL OF APPLICATIONS BY THE COMMISSIONER.
(4) APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE
INFORMATION REQUIRED BY THE COMMISSIONER, INCLUDING A SHOWING OF ALL
ACTUAL COSTS ASSOCIATED WITH ADMINISTERING AN ADDITIONAL DAY OF
ELECTIONS.
(5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
DISBURSEMENTS PURSUANT TO THIS SUBDIVISION SHALL BE IN ADDITION TO, AND
IN NO WAY SHALL REPLACE, REDUCE, OR ALTER ANY OTHER FUNDS, AID, GRANTS,
OR OTHER MONIES RECEIVED BY ELIGIBLE SCHOOL DISTRICTS FROM THE STATE,
INCLUDING FOR THE PURPOSES OF FOUNDATION AID.
§ 3. This act shall take effect immediately.
