N.Y. Education Law § 2022-a: Disaster; additional day for voting

§ 2022-a. Disaster; additional day for voting. 1. Upon request of a

school district, or upon the determination of the commissioner, the

commissioner may provide for an additional day of voting for the annual

meeting and election if they determine that less than eight percent of

qualified voters voted as a direct consequence of a disaster. For the

purposes of this section, "disaster" shall include events such as a

fire, earthquake, tornado, explosion, power failure, act of sabotage,

enemy attack or other event that results in substantial damage to

property or the possible or actual loss of life. The procedures

applicable to a school's annual meeting and election shall thereafter be

followed as far as applicable and practicable.

2. Such additional day of voting shall be held between seven and

fourteen days after the original annual meeting and election, provided

that when the commissioner determines it would not be feasible to hold

the additional day of voting within fourteen days, they may authorize

the district to schedule such additional day of voting as soon as may be

feasible; provided, further, that where a disaster occurs on the date of

a school budget revote pursuant to either section two thousand

twenty-three-a or two thousand seven of this part, the district shall

hold an additional day of voting no sooner than five days after the

school budget revote, but no later than the last day of the month of

June. The board of education shall determine the hours during which the

polls shall remain open on such additional day for voting; provided,

however, that in any event the polls shall remain open for not less than

eleven hours.

3. The commissioner shall notify the board of education and county

board of elections of such date. The clerk of the school district shall

publish notice of the date of the additional day of voting not less than

twice in each week preceding the date for the additional day for voting,

in two newspapers having general circulation within such district if

there are two, or in one newspaper if there is only one and notify all

qualified voters by mail. Such notice shall also direct attention to any

change of polling places, the original notice of disaster determination

from the commissioner, and contain such other and additional information

as in the judgment of the board of education shall be necessary and

proper. The notice of the date of the additional day of voting shall be

made available on the school district's website, if one exists.

4. Official ballots shall be provided at public expense at each

polling place for such additional day of voting. In any election

district in which voting machines were used upon the original day of

voting, they shall be used for the additional day for voting. The

original seal on such machines shall not be removed nor shall the

machines be unlocked until the opening of the polls on the additional

day for voting and the board of elections shall provide an additional

seal to be used as soon as the polls are closed on such day. County

boards of elections which have provided voting machines to school

districts for original days of voting shall continue to provide such

voting machines until the additional day of voting is complete.

5. Only those persons qualified to vote upon the original date of the

school district's annual meeting and election who did not vote on such

date shall be entitled to vote on the additional day for voting. Voting

on the additional day provided for in this section shall be accomplished

solely by physically appearing at the polling place, and nothing

contained in this section shall be construed to extend the time set by

law for casting or canvassing an absentee, military, or special ballot;

provided, however, that nothing contained herein shall be deemed to

invalidate any absentee, military, or special ballot duly received on

the original date of the annual meeting and election. Such additional

day of voting shall not be considered a resubmission of such item to the

voters.