S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2256
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, BURDICK, SIMON -- read once and referred
   to the Committee on Education
 
 AN ACT to amend the education law and the election law, in  relation  to
   extending  the right to vote in school district elections to qualified
   persons who are sixteen years of age; and to repeal certain provisions
   of the election law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 and the closing paragraph of section 2012 of
 the education law, subdivision 2 as amended by chapter 115 of  the  laws
 of 1973, and the closing paragraph as amended by chapter 919 of the laws
 of 1974, are amended to read as follows:
   2. [Eighteen] SIXTEEN years of age.
   5.  No  person  shall  be  deemed to be ineligible to vote at any such
 meeting or election, by reason of sex, who has the other  qualifications
 required  by  this section; and notwithstanding the foregoing provisions
 of this section, no Indian [eighteen] SIXTEEN years of age or over  who,
 having been born in the United States to a member of an Indian tribe, or
 having  been  naturalized  or otherwise acquired citizenship, shall have
 resided on an Indian reservation in the state for  a  period  of  thirty
 days  next  preceding  the meeting or election at which [he] SUCH INDIAN
 offers to vote or the spouse of such Indian shall be  deemed  ineligible
 to vote at any such meeting or election of the school district where the
 majority,  as  determined by the commissioner, of the Indian children of
 such reservation are being educated under a contract pursuant to  subdi-
 vision two of section forty-one hundred one of this chapter, except that
 the  parents or guardians of Indian children of such reservation who are
 being educated in the schools of a  district  other  than  the  district
 which  educates the majority of such children, shall be eligible to vote
 only in the district where their children are being so educated.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05230-02-5
 A. 2256                             2
              

 
   § 2. Subdivision 2 of section 2603 of the education law, as amended by
 chapter 115 of the laws of 1973, is amended to read as follows:
   2. [Eighteen] SIXTEEN years of age.
   §  3.  Paragraph b of subdivision 5 of section 2018-a of the education
 law, as amended by section 8 of part LL of section 56  of  the  laws  of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
                        STATEMENT OF ABSENTEE VOTER
   I  do declare that I am a citizen of the United States, and will be at
 least [eighteen] SIXTEEN years  of  age,  on  the  date  of  the  school
 district election; that I will have been a resident of this state and of
 the  school  district and school election district, if any, shown on the
 reverse side of this envelope for thirty days next  preceding  the  said
 election  and duly registered in the school district and school election
 district, if any, shown on the reverse side of this envelope and that  I
 am  or  on such date will be, a qualified voter of said school district;
 that I will be unable to appear personally on the  day  of  said  school
 district  election  at the polling place of the said district in which I
 am or will be a qualified voter because  of  the  reason  stated  on  my
 application  heretofore  submitted;  that  I have not qualified, or do I
 intend to vote, elsewhere than as set forth on the reverse side of  this
 envelope; that I have not received or offered, do not expect to receive,
 have not paid, offered or promised to pay, contributed, offered or prom-
 ised  to  contribute  to  another to be paid or used, any money or other
 valuable thing, as a compensation or reward for the giving or  withhold-
 ing  of  a  vote at this school district election, and have not made any
 promise to influence the giving or withholding of any such votes; that I
 have not made or become directly or indirectly interested in any bet  or
 wager  depending  upon  the result of this school district election; and
 that I have not been convicted of bribery or any infamous crime, or,  if
 so convicted, that I have been pardoned or restored to all the rights of
 a  citizen, without restriction as to the right of suffrage, or received
 a certificate of relief from  disabilities  or  a  certificate  of  good
 conduct  pursuant to article twenty-three of the correction law removing
 my disability to register and vote.
   I hereby declare that the foregoing is a true statement to the best of
 my knowledge and belief, and I understand that if I  make  any  material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date.....................Signature of Voter ..........................
 
   § 4.  Subparagraphs 1 and 2 of paragraph a of subdivision 2 of section
 2018-b  of  the  education  law, as amended by chapter 46 of the laws of
 1992, are amended to read as follows:
   (1) [his] THE APPLICANT'S name and residence  address,  including  the
 street and number, if any, or town and rural delivery route, if any; (2)
 that [he] THE APPLICANT is or will be, on the day of the school district
 election,  a  qualified  voter of the school district in which [he] SUCH
 APPLICANT resides in, that [he] THE APPLICANT is or  will  be,  on  such
 date,  over  [eighteen]  SIXTEEN  years  of age, a citizen of the United
 States and has or will have resided in the district for thirty days next
 preceding such date;
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   § 5. Paragraph b of subdivision 6 of section 2018-b of  the  education
 law,  as  amended  by  section 9 of part LL of chapter 56 of the laws of
 2010, is amended to read as follows:
   b. On the reverse side of such envelope shall be printed the following
 statement:
                        STATEMENT OF ABSENTEE VOTER
   I  do declare that I am a citizen of the United States, and will be at
 least [eighteen] SIXTEEN years of age on the date of the school district
 election; that I will have been a resident of  this  state  and  of  the
 school  district  and  school  election  district,  if any, shown on the
 reverse side of this envelope for thirty days next  preceding  the  said
 election  and  that  I  am or on such date will be, a qualified voter of
 said school district; that I will be unable to appear personally on  the
 day  of  said  school district election at the polling place of the said
 district in which I am or will be  a  qualified  voter  because  of  the
 reason  stated  on  my application heretofore submitted; that I have not
 qualified, or do I intend to vote, elsewhere than as set  forth  on  the
 reverse  side  of this envelope; that I have not received or offered, do
 not expect to receive, have  not  paid,  offered  or  promised  to  pay,
 contributed,  offered or promised to contribute to another to be paid or
 used, any money or other valuable thing, as a compensation or reward for
 the giving or withholding of a vote at this  school  district  election,
 and  have not made any promise to influence the giving or withholding of
 any such votes; that I have not made or become  directly  or  indirectly
 interested  in any bet or wager depending upon the result of this school
 district election; and that I have not been convicted of bribery or  any
 infamous  crime,  or,  if  so  convicted,  that  I have been pardoned or
 restored to all the rights of a citizen, without restriction as  to  the
 right  of  suffrage, or have received a certificate of relief from disa-
 bilities or a certificate of good conduct pursuant  to  article  twenty-
 three of the correction law removing my disability to vote.
 
   I hereby declare that the foregoing is a true statement to the best of
 my  knowledge  and  belief, and I understand that if I make any material
 false statement in the foregoing statement of absentee voter, I shall be
 guilty of a misdemeanor.
 
   Date....................Signature of Voter ...........................
 
   § 6. Subparagraph 2 of paragraph c of subdivision 2 of section 1951 of
 the education law, as amended by chapter 919 of the  laws  of  1974,  is
 amended to read as follows:
   (2) [Eighteen] SIXTEEN years of age.
   §  7.  Paragraph  s  of subdivision 2 of section 1951 of the education
 law, as added by chapter 722 of the laws of 2005, is amended to read  as
 follows:
   s.  The board of cooperative educational services shall provide absen-
 tee ballots to qualified voters.  The  commissioner  shall  adopt  regu-
 lations  for  the  purposes of implementing the provisions of this para-
 graph which shall include, but not be limited to, creating the procedure
 for which such absentee ballots shall be submitted; providing that  such
 absentee ballots shall be, as nearly as practicable, in the same form as
 those voted at the district election; requiring that any absentee ballot
 applicant  is  or  will be, on the day of the vote, a qualified voter of
 the board of cooperative educational services and that [he or she]  SUCH
 VOTER will be on such date over [eighteen] SIXTEEN years of age, a citi-
 A. 2256                             4
 
 zen  of  the United States and has or will have resided in said district
 for thirty days next preceding such date; and providing instructions  as
 to the proper marking thereof.
   § 8. Subdivision 5 of section 2609 of the education law, as amended by
 chapter 919 of the laws of 1974, is amended to read as follows:
   5.  Any  qualified  voter  of a city school district may challenge the
 right of a person to vote at the time when [he] SUCH  VOTER  requests  a
 ballot.  All  persons  named upon the applicable register as having been
 challenged prior to the day of the election  shall  also  be  challenged
 before they are given ballots to vote. The [chairman] CHAIRPERSON of the
 board  of  inspectors  shall administer to each person so challenged the
 following oath: "I do solemnly swear (or affirm) that I am a citizen  of
 the  United  States; that I am of the age of [eighteen] SIXTEEN years or
 more; that I have been an inhabitant of the State for the past  year,  a
 resident  of the county for the past four months and for the thirty days
 past an actual resident of this city school district  and  am  therefore
 qualified  to vote at this election." If the person challenged so swears
 or affirms, [he]  SUCH  PERSON  shall  be  permitted  to  vote  at  such
 election;  but  if  [he] SUCH PERSON shall refuse to so swear or affirm,
 [he] SUCH PERSON shall not be given a ballot or be permitted to vote.
   § 9. Section 5-102 of the election law is amended by  adding    a  new
 subdivision 4 to read as follows:
   4.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WITH RESPECT TO
 THE AGE REQUIREMENT FOR PURPOSES OF QUALIFYING TO VOTE SHALL  NOT  APPLY
 TO  ANY SCHOOL DISTRICT MEETING OR SCHOOL DISTRICT ELECTION, AND NOTHING
 IN THIS SECTION  OR  ANY  OTHER  PROVISION  OF  THIS  CHAPTER  SHALL  BE
 CONSTRUED  TO  PROHIBIT  A  PERSON  SIXTEEN YEARS OF AGE OR OLDER WHO IS
 QUALIFIED TO VOTE IN  A  SCHOOL  DISTRICT  MEETING  OR  SCHOOL  DISTRICT
 ELECTION.
   §  10. Paragraph (g) of subdivision 5 of section 5-210 of the election
 law is REPEALED and two new paragraphs (g) and (g-1) are added  to  read
 as follows:
   (G) NOTICE THAT THE APPLICANT MUST BE:
   (I) A CITIZEN OF THE UNITED STATES;
   (II)  AT  LEAST  SIXTEEN  YEARS  OF AGE AT THE TIME THE APPLICATION IS
 SUBMITTED OR WILL BE SIXTEEN YEARS OF AGE NO LATER THAN  DECEMBER  THIR-
 TY-FIRST  OF  THE  CALENDAR YEAR IN WHICH SUCH APPLICATION IS SUBMITTED;
 AND
   (III) A RESIDENT OF THE COUNTY OR CITY TO WHICH  SUCH  APPLICATION  IS
 MADE.
   (G-1)  NOTICE THAT SUCH APPLICATION TO REGISTER TO VOTE WILL BE EFFEC-
 TIVE:
   (I) FOR SCHOOL DISTRICT ELECTIONS OCCURRING ON OR AFTER THE  APPLICANT
 TURNS SIXTEEN YEARS OF AGE IN THE SCHOOL DISTRICT IN WHICH THE APPLICANT
 RESIDES; AND
   (II)  FOR ALL OTHER FEDERAL, STATE AND LOCAL ELECTIONS OCCURRING ON OR
 AFTER THE APPLICANT TURNS  EIGHTEEN  YEARS  OF  AGE  IN  THE  APPLICABLE
 ELECTION DISTRICT IN WHICH THE APPLICANT RESIDES.
   §  11.  Paragraph  p of subdivision 4 of section 5-500 of the election
 law is REPEALED and a new paragraph p is added to read as follows:
   P. A SPACE FOR PRE-REGISTERING APPLICANTS TO RESPOND TO THE  FOLLOWING
 QUESTIONS:
   (I)  "ARE  YOU AT LEAST 16 YEARS OF AGE OR WILL YOU BE 16 YEARS OF AGE
 ON OR BEFORE DECEMBER 31 OF THIS YEAR?"
   (II) "DO YOU UNDERSTAND THAT YOU MUST BE 16 YEARS OF AGE ON OR  BEFORE
 ELECTION  DAY TO VOTE IN SCHOOL DISTRICT ELECTIONS OR MEETINGS, AND THAT
 A. 2256                             5
 
 YOU WILL BE UNABLE TO CAST A BALLOT IN A SCHOOL DISTRICT ELECTION  UNTIL
 YOU  ARE 16 YEARS OF AGE OR OLDER AT THE TIME OF SUCH ELECTION, AND THAT
 UNTIL YOU ARE 16 YEARS OF AGE, YOUR APPLICATION FOR REGISTRATION WILL BE
 MARKED  "PENDING", AND THAT AFTER YOU TURN 16 AND UNTIL YOU ARE 18 YEARS
 OF AGE, YOUR REGISTRATION WILL  ENTITLE  YOU  TO  VOTE  ONLY  IN  SCHOOL
 DISTRICT ELECTIONS IN THE SCHOOL DISTRICT WHERE YOU RESIDE?"
   (III) "DO YOU UNDERSTAND THAT YOU MUST BE 18 YEARS OF AGE ON OR BEFORE
 ELECTION  DAY  TO  VOTE IN ALL OTHER ELECTIONS, INCLUDING FEDERAL, STATE
 AND LOCAL ELECTIONS OTHER THAN SCHOOL DISTRICT ELECTIONS, AND  THAT  YOU
 WILL  BE  UNABLE  TO  CAST  A BALLOT IN ANY SUCH FEDERAL, STATE OR LOCAL
 ELECTION UNTIL YOU ARE 18 YEARS OF AGE AT THE  TIME  OF  SUCH  ELECTION,
 YOUR REGISTRATION STATUS WILL BE MARKED "SCHOOL DISTRICT ONLY?"
   §  12.  This  act  shall  take effect on the same date as a concurrent
 resolution amending the constitution, entitled "CONCURRENT RESOLUTION OF
 THE SENATE AND ASSEMBLY proposing amendments to section 1 of  article  2
 of  the  constitution,  in relation to the voting age in school district
 elections".