STATE OF NEW YORK ________________________________________________________________________ 4430 2021-2022 Regular Sessions IN SENATE February 4, 2021 ___________ Introduced by Sen. RYAN -- read twice and ordered printed, and when printed to be committed to the Committee on Libraries AN ACT to amend the education law, in relation to library and school district petitioning; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 1 of paragraph b of subdivision 1 of section 2 259 of the education law, as amended by chapter 184 of the laws of 2007, 3 is amended to read as follows: 4 (1) Except as provided in subparagraph two of this paragraph, whenever 5 qualified voters of a municipality, in a number equal to at least ten 6 per centum of the total number of votes cast in such municipality for 7 governor at the last gubernatorial election, shall so petition and the 8 library board of trustees shall endorse, the question of establishing or 9 increasing the amount of funding of the annual contribution for the 10 operating budget of a registered public or free association library by 11 such municipality to a sum specified in said petition, shall be voted on 12 at the next general election of such municipality, provided that due 13 public notice of the proposed action shall have been given. Except that 14 for the year two thousand twenty-one, the number of qualified voters of 15 a municipality needed to petition for purposes of this subparagraph 16 shall be at least twenty-five. An increase in library funding provided 17 pursuant to this paragraph shall not apply to a municipal budget adopted 18 prior to the date of such election. 19 § 2. Subdivision 8 of section 260 of the education law, as amended by 20 chapter 717 of the laws of 1983, is amended to read as follows: 21 8. Candidates for the office of trustee of a public library estab- 22 lished and supported by a school district shall be nominated by petition 23 which shall meet the requirements of subdivision a of section two thou- 24 sand eighteen of this chapter, except that such candidates shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09470-02-1

S. 4430 2 1 elected in the manner specified in subdivision b of such section except 2 that the nominating petition filed pursuant to subdivision a or b of 3 such section shall be signed by a least twenty-five qualified voters of 4 the library district, or two percent of the voters who voted in the last 5 previous annual election of members of the library board of trustees, 6 whichever is greater. Except that for the year two thousand twenty-one, 7 nominating petitions filed by candidates for the office of trustee of a 8 public library established and supported by a school district shall be 9 signed by at least twenty-five qualified voters of the library district. 10 The provisions of this subdivision shall not apply to a charter granted 11 prior to April thirtieth, nineteen hundred seventy-one that provides for 12 a different procedure. 13 § 3. Subdivisions a and c of section 2018 of the education law, subdi- 14 vision a as amended by chapter 148 of the laws of 1980 and subdivision c 15 as amended by section 22 of part A of chapter 436 of the laws of 1997, 16 are amended to read as follows: 17 a. In all union free school districts candidates for the office of 18 member of the board of education shall be nominated by petition. Each 19 vacancy upon the board of education to be filled shall be considered a 20 separate specific office. A separate petition shall be required to nomi- 21 nate a candidate to each separate office. Each petition shall be 22 directed to the clerk of the school district, shall be signed by at 23 least twenty-five qualified voters of the district, or two percent of 24 the voters who voted in the [~~previous~~] two thousand nineteen annual 25 election of the members of the board of education, whichever is greater, 26 such number to be determined by the number of persons recorded on the 27 poll list as having voted at such election shall state the residence of 28 each signer, shall state the name and residence of the candidate and 29 shall describe the specific vacancy on the board of education for which 30 the candidate is nominated, which description shall include at least the 31 length of the term of office and the name of the last incumbent, if any. 32 In the event that any such nominee shall withdraw his candidacy prior to 33 the election, such person shall not be considered a candidate unless a 34 new petition nominating such person in the same manner and within the 35 same time limitations applicable to other candidates is filed with the 36 clerk of the district. Each petition shall be filed in the office of the 37 clerk of the district between the hours of nine a.m. and five p.m., not 38 later than the thirtieth day preceding the school meeting or election at 39 which the candidates nominated are to be elected. No person shall be 40 nominated by petition for more than one separate office. 41 c. In all common school districts, candidates for the office of member 42 of the board of trustees shall be nominated by petition. Such petition 43 shall not describe any specific vacancy on the board of trustees. Each 44 petition shall be directed to the clerk of the school district and shall 45 be signed by at least twenty-five qualified voters of the district or 46 two percent of the voters who voted in the [~~previous~~] two thousand nine- 47 teen annual election of the members of the board of trustees, whichever 48 is greater. Such a petition shall state the residence of each signer, 49 and shall contain the name and residence of the candidate. 50 § 4. Subdivision 1 of section 2608 of the education law, as amended by 51 chapter 273 of the laws of 1987, is amended to read as follows: 52 1. Candidates for members of the board of education in a city school 53 district shall be nominated by petition directed to the board of educa- 54 tion and signed by at least [~~one hundred~~] fifty persons qualified to 55 vote at school elections in such district. Such petition shall contain 56 the names and residences of the candidates for the vacancies in the

S. 4430 3 1 board of education to be filled at the annual election. Where a propo- 2 sition has been adopted by the voters of such district to require that 3 each vacancy on the board of education to be filled shall be considered 4 a separate specific office, a separate petition shall be required to 5 nominate a candidate to each separate office and such petition shall 6 describe the specific vacancy on the board of education for which the 7 candidate is nominated, which description shall include at least the 8 length of the term of office and the name of the last incumbent, if any. 9 Such petitions shall be filed in the office of the clerk of the board of 10 education between the hours of nine a.m. and five p.m., on or before the 11 twentieth day preceding the day of the annual election. The clerk shall 12 refuse to accept petitions signed by an insufficient number of qualified 13 voters, or petitions which are not timely. If a candidate for whom a 14 nominating petition for the office of member of a board of education has 15 been duly filed withdraws such petition, dies or becomes otherwise inel- 16 igible to hold such office at a time which is later than fifteen days 17 before the last day for the filing of nominating petitions as provided 18 in this subdivision, the time for filing nominating petitions for such 19 office shall be extended to five p.m. on the fifteenth day after the 20 date on which the candidate withdrew, died or otherwise became ineligi- 21 ble to hold such office, provided that no such nominating petition may 22 be filed after five p.m. on the seventh day preceding the election. 23 § 5. Paragraph (c) of subdivision 9 and subparagraph 1 of paragraph d 24 of subdivision 10 of section 2553 of the education law, paragraph (c) of 25 subdivision 9 as amended by chapter 211 of the laws of 1980 and subpara- 26 graph 1 of paragraph d of subdivision 10 as amended by chapter 561 of 27 the laws of 2019, are amended to read as follows: 28 (c) Such elections for such officers shall be governed by the 29 provisions of the election law in the same manner as candidates for 30 office generally to be elected by the voters of the city of Rochester; 31 provided, however, that each such candidate shall be required to file 32 petitions containing at least [~~one thousand~~] three hundred signatures. 33 (1) Such election for such office shall be governed by the provisions 34 of the election law in the same manner as candidates for office general- 35 ly to be elected by the voters of the city of Buffalo. Notwithstanding 36 section 6-142 of the election law, each such candidate for election as a 37 member of the board of education from a city school subdistrict shall be 38 required to file a petition containing signatures of at least [~~five~~ 39 ~~hundred~~] three hundred registered voters of such city school subdistrict 40 in which he is a candidate and each candidate for election to the board 41 of education by the voters at large shall be required to file a petition 42 containing the signatures of at least [~~one thousand~~] three hundred 43 registered voters of the city of Buffalo. 44 § 6. This act shall take effect immediately and shall expire December 45 31, 2021, when upon such date the provisions of this act shall be deemed 46 repealed.

Relates to library and school district petitioning

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