BILL NUMBER: S7233B
SPONSOR: MAYER
TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To empower the commissioner of education to declare alternate election
arrangements for school board or school budget elections in the case of
a disaster.
SUMMARY OF PROVISIONS:
Section 1 adds a new section 2022-a to the education law, which empowers
the commissioner of education to declare that a disaster has substan-
tially affected voter turnout in a school board or school budget
election and provides for procedures the commissioner and district must
follow.
Section 2 provides the effective date.
JUSTIFICATION:
Unlike other public elections, which are conducted under the state
election law, school board and school budget elections are largely
governed by state education law. While this arrangement can provide
flexibility to different types of school districts, it has posed prob-
lems in recent elections where a disaster occurs. State election law
empowers the county or state board of elections to provide for an addi-
tional day of voting when a disaster occurs, but there is no comparable
authority for them or any other public entity to provide an additional
day for voting for school board or school budget elections. The commis-
sioner of education likewise does not have the authority to do so.
This bill would remedy that, by allowing the commissioner of education,
in certain instances, to declare that a disaster has occurred which
substantially affected voter participation in one or more school board
or school budget elections, and provide for an additional day of voting.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
Statutes affected: S7233: 3641 education law
S7233A: 3641 education law