Provides that no school located in a city with a population of one million or more shall be in session on general election day

BILL NUMBER:S2346A

Title of bill

An act to amend the education law, in relation to school session days

Purpose

This bill amends Education Law section 3604 subdivision 8 to prohibit school on general election day in a city with a population of one million or more.

Summary of provisions

Section 1: Prohibits school on general election day in a city with one million or more residents.

Section 2: Provides for the Act to take effect immediately.

Justification

The need for suitable poll sites, especially disabled accessible ones, has never been greater. Throughout the state new ballot marking devices and optical scan voting machines that are accessible to those with disabilities have replaced the lever machines. However, while these new systems are disabled accessible, all poll sites are not.

The new voting systems and their ability to handle multiple ballot types and election districts will require a reconfiguration of election districts and poll sites to maximize the efficient use of the new machines. Schools are ideal poll sites because they are public buildings, are usually accessible to the disabled and have ample parking. Election Law section 4-104.3 reflects a preference for using schools as poll sites by stating that "a building exempt from taxation shall be used whenever possible as a polling place if it is situated in the same or a contiguous election district and, and may contain as many distinctly separate polling places as public convenience may require." The expense, if any, incidental to its use shall be paid like the expense of other places for registration and voting.

If the board or body empowered to designate polling places chooses a public school building for such purposes, as often happens, the board or agency which controls such building must make available a room or rooms in such building which are suitable for registration and voting, and which are as close as possible to a convenient entrance to such building and accessible to the physically disabled.

However, the use of schools for poll sites when school is in session can and often does disrupt the usual schedule and operations of the entire school day, as well as the instruction occurring in the classrooms. And, an increased concern about the safety of the children at the schools makes school officials reluctant to open up their buildings for a public use while children are present. It also reduces available parking when school is in session on election day.

By requiring that schools in cities with a population or one million or more are to be closed on election day, this bill will increase the

availability of accessible public buildings for poll sites while causing minimal disruption to a school and no security risk for students.

Legislative history

2009-2010: S.5494 - Referred to Education.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.