Let Schools Refuse Polling Use

Section 1. Subdivision 3 of section 4-104 of the election law, as amended by chapter 694 of the laws of 1989, is amended to read as follows:

3. 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 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 of registration and voting. If a board or body empowered to designate polling places chooses a public school building for such purpose, 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 must make available any such room or rooms which the board or body designating such building determines are accessible to physically disabled voters as provided in subdivision one-a of this section; provided, however, not later than thirty days after a public school building receives notice of its designation as a polling place, the board or agency controlling such building may file a written request for a cancellation of such designation. Upon receipt of such request, the board or body empowered to so designate shall cancel such designation. Notwithstanding the provisions of any general, special or local law, if a board or body empowered to designate polling places chooses a publicly owned or leased building, other than a public school building, for such

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08884-01-9

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purposes the board or body 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 must make available any such room or rooms which the board or body designating such building determines are accessible to physically disabled voters unless, not later than thirty days after notice of its designation as a polling place, the board or body controlling such building, files a written request for a cancellation of such designation with the board or body empowered to designate polling places on such form as shall be provided by the board or body making such designation. The board or body empowered to so designate shall, within twenty days after such request is filed, determine whether the use of such building as a polling place would unreasonably interfere with the usual activities conducted in such building and upon such determination, may cancel such designation.

§ 2. Subdivision 1 of section 2002 of the education law, as amended by section 5 of part C of chapter 58 of the laws of 1998, is amended to read as follows:

1. The annual meeting and election of each school district shall be held on the third Tuesday of May in each year, provided, however that such annual meeting and election shall be held on the second Tuesday in May if the commissioner at the request of a local school board certifies no later than March first that such election would conflict with religious observances. Unless the hour and place thereof shall have been fixed by a vote of a previous district meeting, the same shall be held in the schoolhouse at seven-thirty o'clock in the evening in the case of a school district that is not divided into election districts and conducts its election or vote by recording the ayes or noes of the qualified voters attending, or, in the case of all other districts, during at least six consecutive hours after six a.m., two of which hours shall be after six p.m. as determined by resolution of the trustees or board of education, provided, however, that the trustees or board of education of any school district that conducted its annual meeting at seven-thirty p.m. in nineteen hundred ninety-seven may conduct its annual election and budget vote at such time in nineteen hundred ninety-eight. If a district possesses more than one schoolhouse, it shall be held in the one usually employed for that purpose, unless the trustees or board of education designate another, provided that if the school district is divided into election districts such annual meeting and election shall be held at such place in each election district as the board of education may designate. If by resolution of the trustees or board of education the district [possesses no schoolhouse, or if the schoolhouse shall not be accessible or adequate, then the] elects to designate a publicly accessible location within district boundaries that is not a school building for purposes of conducting the annual meeting and election, such annual meeting and election shall be held at such place as the trustees or board of education, or the clerk, shall designate in the notice.

§ 3. Section 2604 of the education law, as amended by chapter 741 of the laws of 1954, is amended to read as follows:

§ 2604. Division of city school district into school election districts; elections held in schoolhouses. The board of education of each city school district shall adopt a resolution on or before the first day of April, preceding the first annual school election held hereunder, dividing the city school district into school election districts. The city school district shall be so divided that if circum-

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stances will permit, school election districts will be coterminous with one or more general election districts, and that, if practicable, there shall be a schoolhouse in each election district. The election districts thus formed shall continue in existence until modified by resolution of the board of education. Such resolution shall accurately describe the boundaries of such election districts by streets, alleys and highways, when practicable. School elections shall be held in such school election districts so far as may be possible in the public schoolhouses therein[. If there is no public schoolhouse in a school election district,]; provided, however, the board of education [shall] may by resolution designate [the place] a publicly accessible alternative location where the election in such district shall be held. Notwithstanding the foregoing provisions of this section, the board of education of any city school district of a city of less than ten thousand inhabitants may, by resolution, designate the entire city school district as a single school district.

§ 4. This act shall take effect immediately.