NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4743
SPONSOR: Galef TITLE OF BILL: An act to amend the election law and the education
law, in relation to providing public school districts the authority to
decline or change a school building's designation as a polling location
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this legislation is to provide public school districts
with the authority to decline, or change a school building's designation
as a polling location.
SUMMARY OF PROVISIONS::
Section 1. Subdivision 3 of section 4-104 of the Election Law is amended
to allow public school buildings, when designated as a polling location,
to decline their designation.
Section 2. Subdivision 1 of section 2002 of the Education Law is amended
to allow school districts to hold district elections at publicly acces-
sible locations other than school buildings within their district bound-
aries.
Section 3. Section 2604 of the Education Law is amended to allow small
city school districts to hold district elections at publicly accessible
locations other than school buildings within their district boundaries.
Section 4. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This portion of this memorandum is not applicable at this time.
JUSTIFICATION::
In recent years, there has been growing concern regarding public school
buildings being used as polling locations for district and non-district
elections. When school buildings are used as polling locations, they are
open to the public and schools are unable to track who has access to
their facilities. Many school district leaders are concerned about this
amount of unfettered access citing worries that this practice can
compromise the safety and security of students, and disrupt academic
programming.
It is not feasible for school districts to cancel classes on all days
their buildings are used for primaries and special elections, and with
the increasing likelihood that early voting will be adopted, there are
likely to be even more days that voting could take place in schools.
Districts already face increasing pressure when developing their calen-
dars. As diversity increases in many districts, they are choosing to
close for additional religious holidays and observances. Moreover, if
special elections occur, these dates may be decided after the school
calendar has already been finalized and adopted. School districts
should be able to develop and implement calendars and security policies
that are in the best interests of their students.
PRIOR LEGISLATIVE HISTORY::
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
There are no fiscal implications to the state in associated with the
passage of this legislation.
EFFECTIVE DATE::
This act shall take effect immediately.
