A 5302: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5302 2025-2026 Regular Sessions  IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. WOERNER -- 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: 1 Section 1. The education law is amended by adding a new section 2022-a 2 to read as follows: 3 § 2022-a. Disaster; additional day for voting. 1. Upon request of a 4 school district, or upon the determination of the commissioner, the 5 commissioner may provide for an additional day of voting for the annual 6 meeting and election if they determine that less than eight percent of 7 qualified voters voted as a direct consequence of a disaster. For the 8 purposes of this section, "disaster" shall include events such as a 9 fire, earthquake, tornado, explosion, power failure, act of sabotage, 10 enemy attack or other event that results in substantial damage to prop- 11 erty or the possible or actual loss of life. The procedures applicable 12 to a school's annual meeting and election shall thereafter be followed 13 as far as applicable and practicable. 14 2. Such additional day of voting shall be held between seven and four- 15 teen days after the original annual meeting and election, provided that 16 when the commissioner determines it would not be feasible to hold the 17 additional day of voting within fourteen days, they may authorize the 18 district to schedule such additional day of voting as soon as may be 19 feasible; provided, further, that where a disaster occurs on the date of 20 a school budget revote pursuant to either section two thousand twenty- 21 three-a or two thousand seven of this part, the district shall hold an 22 additional day of voting no sooner than five days after the school budg- 23 et revote, but no later than the last day of the month of June. The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05793-02-5 
 A. 5302 2 1 board of education shall determine the hours during which the polls 2 shall remain open on such additional day for voting; provided, however, 3 that in any event the polls shall remain open for not less than eleven 4 hours. 5 3. The commissioner shall notify the board of education and county 6 board of elections of such date. The clerk of the school district shall 7 publish notice of the date of the additional day of voting not less than 8 twice in each week preceding the date for the additional day for voting, 9 in two newspapers having general circulation within such district if 10 there are two, or in one newspaper if there is only one and notify all 11 qualified voters by mail. Such notice shall also direct attention to any 12 change of polling places, the original notice of disaster determination 13 from the commissioner, and contain such other and additional information 14 as in the judgment of the board of education shall be necessary and 15 proper. The notice of the date of the additional day of voting shall be 16 made available on the school district's website, if one exists. 17 4. Official ballots shall be provided at public expense at each poll- 18 ing place for such additional day of voting. In any election district in 19 which voting machines were used upon the original day of voting, they 20 shall be used for the additional day for voting. The original seal on 21 such machines shall not be removed nor shall the machines be unlocked 22 until the opening of the polls on the additional day for voting and the 23 board of elections shall provide an additional seal to be used as soon 24 as the polls are closed on such day. County boards of elections which 25 have provided voting machines to school districts for original days of 26 voting shall continue to provide such voting machines until the addi- 27 tional day of voting is complete. 28 5. Only those persons qualified to vote upon the original date of the 29 school district's annual meeting and election who did not vote on such 30 date shall be entitled to vote on the additional day for voting. Voting 31 on the additional day provided for in this section shall be accomplished 32 solely by physically appearing at the polling place, and nothing 33 contained in this section shall be construed to extend the time set by 34 law for casting or canvassing an absentee, military, or special ballot; 35 provided, however, that nothing contained herein shall be deemed to 36 invalidate any absentee, military, or special ballot duly received on 37 the original date of the annual meeting and election. Such additional 38 day of voting shall not be considered a resubmission of such item to the 39 voters. 40 § 2. This act shall take effect July 1, 2026.