New York · Through 2026-09-11

N.Y. Education Law § 2590-c: Composition of community district education councils

* § 2590-c. Composition of community district education councils.  1.
Each community district shall be governed by a community district
education council. The community councils shall consist of twelve voting
members and two non-voting members, as follows:
  (a) (1) For councils whose terms begin prior to two thousand twenty,
nine voting members shall be parents whose children are attending a
school or a pre-kindergarten program offered by a school under the
jurisdiction of the community district, or have attended a school or a
pre-kindergarten program offered by a school under the jurisdiction of
the community district within the preceding two years, and shall be
selected by the presidents and officers of the parents' association or
parent-teachers' association. Such members shall serve for a term of two
years. Presidents and officers of parents' associations or
parent-teachers' associations who are candidates in the selection
process pursuant to this section shall not be eligible to cast votes in
such selection process. The association shall elect a member to vote in
the place of each such president or officer for the purposes of the
selection process. Provided, however, that a parent of a
pre-kindergarten pupil shall vacate his or her membership on such
community district education council where the parent no longer has a
child that attends a school or pre-kindergarten program offered by a
school under the jurisdiction of the community district.
  (2) For councils whose terms begin in two thousand twenty-one and
thereafter, nine voting members shall be parents whose children are
attending a school or a pre-kindergarten program offered by a school
under the jurisdiction of the community district, or have attended a
school under the jurisdiction of the community district within the
preceding two years, and shall be elected by parents of children
attending such schools and pre-kindergarten programs in accordance with
a process developed by the chancellor pursuant to subdivision eight of
this section. Provided, however, that a parent of a pre-kindergarten
pupil shall vacate his or her membership on such community district
education council when the parent no longer has a child that attends a
school or pre-kindergarten program offered by a school under the
jurisdiction of the community district.
  (b) Two voting members shall be appointed by the borough presidents
corresponding to such district. Such appointees shall be residents of,
or own or operate a business in, the district and shall be individuals
with extensive business, trade, or education experience and knowledge,
who will make a significant contribution to improving education in the
district. Such members shall serve for a term of two years.
  (c) One voting member shall be a parent whose child is attending a
district seventy-five school or program, or has attended a district
seventy-five school or program within the preceding two years, and shall
be elected by parents of children attending such schools or programs in
accordance with a process developed by the chancellor. Such member shall
serve for a term of two years.
  (d) Two non-voting members who are high school seniors residing in the
district, shall be appointed by the superintendent from among the
elected student leadership. Such members shall serve for a one year
term.
  Members shall not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the community council.
  2. For the initial community council, such members must be selected on
or before October thirty-first, two thousand three, with terms
commencing on December first, two thousand three. Thereafter, commencing
in May of two thousand five, the selection or election of community
council members shall occur on the second Tuesday in May, with terms
commencing on the following July first.
  3. Each such council shall select one of its voting members to serve
as chair.
  4. Notwithstanding any provisions of law to the contrary, the
community district education council may appoint an administrative
assistant, pursuant to the policies of the city board, who shall perform
the following functions: (a) prepare meeting notices, agendas and
minutes; (b) record and maintain accounts of proceedings and other
council meetings; and (c) prepare briefing materials and other related
informational materials for such meetings. Each council shall be
responsible for the appointment, supervision, evaluation and discharge
of the administrative assistant.
  5. No person may serve on more than one community council or on the
city-wide council on special education, the city-wide council on English
language learners, the city-wide council on high schools, or the
city-wide council on district seventy-five and a community council. A
member of a community council shall be ineligible to be employed by the
community council of which he or she is a member, any other community
council, the city-wide council on special education, the city-wide
council on English language learners, the city-wide council on high
schools, the city-wide council on district seventy-five, or the city
board. No person shall be eligible for membership on a community council
if he or she holds any elective public office or any elective or
appointed party position except that of delegate or alternate delegate
to a national, state, judicial or other party convention, or member of a
county committee.
  A person may be permanently ineligible for appointment to any
community district education council for any of the following: (a) an
act of malfeasance directly related to his or her service on the
city-wide council on special education, the city-wide council on English
language learners, the city-wide council on high schools, the city-wide
council on district seventy-five, community school board or community
district education council; or (b) conviction of a crime, provided that
any such conviction shall be considered in accordance with article
twenty-three-A of the correction law.
  Any decision rendered by the chancellor or the city board with respect
to the eligibility or qualifications of the nominees for community
district education councils must be written and made available for
public inspection within seven days of its issuance at the office of the
chancellor and the city board. Such written decision shall include the
factual and legal basis for its issuance and a record of the vote of
each board member who participated in the decision, if applicable.
  6. (a) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of a community district education
council who refuses or neglects to attend three meetings of such council
of which he or she is duly notified, without rendering in writing a good
and valid excuse therefore vacates his or her office by refusal to
serve. Each absence and any written excuse rendered shall be included
within the official written minutes of such meeting. After the third
unexcused absence the community council shall declare a vacancy to the
chancellor.
  (b) (1) Vacancies in positions that were not appointed by a borough
president or elected by parents of children attending district
seventy-five schools or programs shall be filled for an unexpired term
by the community district education council after consultation with the
presidents' council or other consultative body representing parents'
associations and other educational groups within the district.
Recommendations made by such parents and other educational groups shall
be submitted in writing and included within the record of the meeting at
which the vacancy is filled.
  (2) If such vacancy results in the council not having at least one
member who is a parent of a student who is an English language learner
or who has been an English language learner within the preceding two
years, or results in the council not having at least one member who is a
parent of a student with an individualized education program, the
community council shall select a parent having such qualifications to
fill the vacancy.
  (c) If the vacancy is not filled by the community council within sixty
days after it is declared due to a tie vote for such appointment, the
chancellor shall vote with the community council, to break such tie
vote. If the community council has failed to fill the vacancy within
sixty days after it is declared because of any other reason, the
chancellor shall order the community council to do so pursuant to
section twenty-five hundred ninety-1 of this article.
  (d) Where a vacancy occurs in a position appointed by a borough
president, the borough president shall appoint a member to serve the
remainder of the unexpired term.
  (e) Where a vacancy occurs in a position elected by parents of
children attending district seventy-five schools or programs, the
chancellor shall develop a process for parents of children attending
district seventy-five schools or programs to select a member to serve
the remainder of the unexpired term.
  7. (a) Each community council shall prepare and submit to the city
board a performance report every month. The information provided shall
include community council members' attendance records; participation in
community council committees and other community council activities;
visits to schools; and voting records on major issues before the
community council.
  (b) The city board shall review and consolidate the performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
  8. The chancellor shall: (a) develop a process to ensure a uniform
election process for parent associations and parent-teacher
associations. Such process shall ensure uniformity with respect to
timing of elections and the structure and size of the body.
  (b) develop a process for nomination of candidates for community
council membership. Such process will outline in detail the procedure
which must be followed to present a name for consideration, may include
qualifications and prohibitions in addition to those outlined in this
section and may allow for an interview process for nominees.
  (c) (1) develop selection procedures for community council members
which shall attempt to ensure membership that reflects a representative
cross-section of the communities within the school district and
diversity of the student population including those with particular
educational needs, shall include consideration of the enrollment figures
within each community district and the potential disparity of such
enrollment from school to school within the district, and shall ensure
that, to the extent possible, a school may have no more than one parent
representative on the community council. Such procedures shall ensure
that at least one position on the community council is filled by a
parent of a student who is an English language learner or who has been
an English language learner within the preceding two years, and at least
one position is filled by a parent of a student with an individualized
education program, and shall allow for the seven remaining positions to
be filled by parents who are otherwise eligible;
  (2) after reviewing the recommendations of the task force described in
subdivision nine of this section, develop election procedures for
community council members which shall attempt to ensure membership that
reflects a representative cross-section of the communities within the
school district and diversity of the student population including those
with particular educational needs, shall include consideration of the
enrollment figures within each community district and the potential
disparity of such enrollment from school to school within the district,
and shall ensure that, to the extent possible, a school may have no more
than one parent representative on the community council. Such measures
shall ensure that at least one position on the community council is
filled by a parent of a current student who is or has been at any time
an English language learner, and at least one position is filled by a
parent of a student who has or has at any time had an individualized
education program, and shall allow for the seven remaining positions to
be filled by parents who are otherwise eligible. Such election
procedures shall ensure that no candidate is elected by a margin of less
than one vote.
  (d) promulgate rules and regulations requiring financial disclosure by
the nominees and policies prohibiting political endorsements of and
campaign contributions to nominees.
  (e) beginning in January of each school year and continuing until the
date of selection, ensure the distribution of guides to parents in
addition to information regarding community council roles, functions,
and activities, including upcoming parents' association and
parent-teacher association elections, candidate information, and the
nature of the selection or election process.
  Prior to the adoption of the processes, procedures, rules or
regulations set forth in this subdivision, the chancellor shall ensure
that there is an inclusive public process which allows for sufficient
public input from parents and the community including public hearings.
All such processes, procedures, rules or regulations must be final in
sufficient time to assure for an orderly implementation and notification
of such processes, procedures, rules or regulations to allow for full
community participation in the nomination and selection processes and
procedures.
  9. The mayor shall appoint a task force on community district
education councils consisting of parents whose child or children are
attending a public school within the community districts and other
members with relevant expertise. The task force shall review the
eligibility criteria to serve on a community district education council,
the process for selecting community council members, and their terms of
office. The task force shall submit a report concerning its findings and
recommendations to the mayor and the chancellor by November first, two
thousand nineteen.
  * NB Repealed June 30, 2028
  * § 2590-c. Composition of community boards. 1. Each community
district shall be governed by a community board to consist of nine
members to be elected for a term of three years and to serve without
compensation.  Each such board shall select one of its members to serve
as chairman.
  Notwithstanding any provisions of law to the contrary, the community
board may appoint a board secretary, pursuant to the policies of the
city board, who shall perform the following functions: (a) prepare
meeting notices, agendas and minutes; and (b) record and maintain
accounts of proceedings and other board meetings. Each board shall be
responsible for the appointment, supervision, evaluation and discharge
of the board secretary.
  2. Such members shall be elected at an election conducted by the board
of elections in the city of New York to be held on the first Tuesday in
May commencing with the year two thousand three and every third year
thereafter for a term commencing on the first day of July next
following.
  3. Every registered voter residing in a community district and every
registered parent of a child attending any school under the jurisdiction
of the community board of such district who is a citizen of the state, a
resident of the city of New York for at least thirty days and at least
eighteen years of age shall be eligible to vote at such election for the
members of such community board, except that no person may vote more
than once or in more than one community district, and no person shall
have the right to register or vote at any community board election who
would not be qualified to register or vote at any election in accordance
with the provisions of section 5-106 of the election law.
  (a) The board of elections of the city of New York shall provide for
the personal and mail registration, and cancellation of registration, of
persons qualified by this subdivision to vote as "parents," in a manner
determined jointly by the board of elections and the city board. Each
parent shall be offered the opportunity to register as a parent voter at
the time such parent registers his child with the school and at such
other times as the board of elections deems necessary to achieve the
registration of the maximum number of parents possible. The registration
process shall provide a procedure for determining when such parents
shall cease to be eligible to vote as parent voters because their child
no longer attends a school under the jurisdiction of the community
board.
  (b) In January next preceding each community board election, the city
board shall provide written notice to every parent of a child attending
school under the jurisdiction of every community board of such parent's
right to vote in the community board election, the method and time by
which a parent may register to vote, and a form by which such parent may
register by mail.
  (c) The board of elections shall certify qualified registrations
pursuant to the certification procedures agreed to by the board of
elections and the city board. The board of elections shall certify all
qualified registrations and transmit notice of such certification to the
city board promptly.
  4. (a) Every registered voter residing in a community district and
every parent of a child attending any school under the jurisdiction of
the community board of such district who is a citizen of the state, a
resident of the city of New York for at least ninety days prior to the
date of the election, and at least eighteen years of age shall be
eligible for membership on such community board, provided that such
person not be disqualified from registering for or voting at an election
under the provisions of section 5-106 of the election law or ineligible
to serve, under the provisions of paragraph (b) of this subdivision. No
person may serve on more than one community board. A member of a
community board shall be ineligible to be employed by the community
board of which he is a board member, any other community board or the
city board. No person shall be eligible for membership on a community
board if he or she holds any elective public office or any elective or
appointed party position except that of delegate or alternate delegate
to a national, state, judicial or other party convention, or member of a
county committee.
  (b) A person who has been convicted of a felony, or has been removed
from a community school board for any of the following shall be
permanently ineligible for appointment or election to any community
school board:
  (1) an act of malfeasance directly related to his or her service on
such community school board; or
  (2) conviction of a crime, if such crime is directly related to his or
her service upon such community school board.
  5. Each registered voter shall vote at such polling place within his
or her community district as shall be designated by the board of
elections in the city of New York or may vote as a registered parent
voter, but not both. Each person voting as a registered parent shall
vote at such polling place within the community district in which his or
her child is attending school as shall be designated by the board of
elections in the city of New York. In the event a parent has children
attending school in different community districts, the parent may vote
at either polling place designated for each of the community districts
by the board of elections, but not both. The polls of such elections
shall be open between the hours of six o'clock in the forenoon and nine
o'clock in the evening on the days of elections.
  6. Applicability of the election law. (a) The provisions of the
election law with respect to registration of voters, nomination of
candidates, declination of nominations, filling of vacancies in
nominations, notices to candidates, objections to petitions, rulings
thereon, judicial proceedings, campaign receipts and expenditures,
conduct of the election, including the use of voting machines, counting
and canvassing of votes, and all other matters so far as applicable
shall govern the election of community board members; provided, however,
that:
  (1) candidates for community board member shall be nominated by
petitions in accordance with regulations, not inconsistent with the
provisions of this article, promulgated by the board of elections in the
city of New York. Such petitions shall be filed with the board of
elections at least four weeks before the election;
  (2) nominating petitions shall be signed by not fewer than two hundred
registered voters residing in such community district, or persons
eligible to vote as registered parents in such community district;
  (3) each candidate shall be nominated by a separate petition and no
elector shall sign more than one such petition. Should an elector sign
more than one such petition, his or her signature shall be void except
upon the petition first signed;
  (4) no candidate shall be identified by political party or other
organizational affiliation on the nominating petitions or the ballot;
  (5) certification of acceptance or declination are not required to be
acknowledged; and
  (6) the order of the names of candidates on the ballot shall be
determined in the same manner as the order of names of candidates in a
primary election.
  (b) Notwithstanding the provisions of section 14-102 of the election
law to the contrary, all receipts and contributions received by a
candidate for community board or a political committee on behalf of a
candidate for community board from any one contributor must be
specifically accounted for by separate items in such candidate's or
committee's financial disclosure statement.
  (c) At each election, any candidate for community board member shall
be entitled to exercise all the rights granted by section 8-500 of the
election law to a political party or independent body in regard to the
appointment of watchers and challengers for the polls.
  (d) Any public hearing held by the board of elections or the city
board with respect to the community school board elections or to
candidates for community boards must be stenographically transcribed or
recorded in another manner and such transcripts or written records of
such recordings must be made available for public inspection at the
offices of the city board and the board of elections.
  (e) Any decision rendered by the board of elections or the city board
with respect to candidates for community boards must be written and made
available for public inspection within seven days of its issuance at the
offices of the city board and the board of elections. Such written
decision shall include the factual and legal basis for its issuance and
a record of the vote of each board member or commissioner of elections
who participated in the decision.
  7. The members of each community board shall be elected by
proportional representation in accordance with the following rules:
  (1) Paper ballots. Community board members shall be voted for, in
accordance with the instructions provided in paragraph three, on paper
ballots on which the candidates are listed by name only. The ballots
shall conform to the provisions of the election law for paper ballots,
so far as applicable, except as to size and as hereinafter provided. The
ballots shall contain a square for voting before each candidate's name.
  (2) Order of names on ballot. The names of the candidates shall be
printed in the alphabetical order of their surnames, except that they
shall be rotated by polling places by transposing the first named
candidate to the bottom of the order at each succeeding polling place;
so that each name shall appear first and in each other position in an
equal number, as nearly as possible, of the polling places.
  (3) Instructions to voters. There shall be no indication on the ballot
of a definite number of candidates to be voted for. The instructions to
voters shall read as follows:
                              INSTRUCTIONS
                  Mark Your Choices with NUMBERS Only.
                          (Do NOT use X Marks.)
  Put the number 1 in the square opposite the name of your first choice.
  Put the number 2 opposite your second choice, the number 3 opposite
your third choice, and so on. You may mark as many choices as you
please.
  Do not put the same number opposite more than one name.
  To vote for a person whose name is not printed on this ballot, write
his name on a blank line under the names of the candidates and put a
number in the square opposite to show which choice you wish to give him.
  If you tear or deface or wrongly mark this ballot, draw lines across
its face to prevent its being used, return it and obtain another.
  (4) Central count. Prior to every election at which community board
members are to be elected, the board of elections shall designate a
central counting place for each community district where the ballots
shall be brought together and counted publicly; shall appoint for each
central counting place a board of two competent persons, to act as
directors of the count for such counting place; shall employ a
sufficient staff of assistants for each counting place, and shall make
suitable arrangements for the counting and recording of the ballots,
subject to the provisions of this article. If the board of elections and
the city board determine it to be feasible and desirable, the board of
elections may provide for the counting of the ballots by any combination
of electronic, mechanical or other devices to carry out the provisions
of this section. The board of elections shall prepare and provide all
necessary forms and equipment.
  (5) Assembling ballots. As soon as the polls have closed, the election
officials assigned by the board of elections at each polling place shall
seal the ballot boxes without opening them and shall send them at once,
as the board of elections may direct, to the central counting place for
the district with a record of the number of ballots for community board
member which have been voted in their polling place.
  (6) Checking number of ballots. At the central counting place the
number of ballots for community board member found in each ballot box
shall be recorded and compared with the record sent from the
corresponding polling place. The records thus compared shall be made
available to the public with notations explaining any corrections or
changes made therein. Discrepancies which cannot be reconciled shall be
shown on the record. All ballots found in the ballot boxes which bear no
evidence of having been improperly cast shall be accepted.
  (7) Sorting of ballots. Ballots shall be sorted by polling places in
an order determined by lot.
  (8) Rules for validity. If a ballot does not clearly show which
candidate the voter prefers to all others or if it contains the
signature of the voter, it shall be held as invalid. Every ballot not
thus invalid shall be counted according to the intent of the voter so
far as that can be clearly ascertained, whether marked according to the
instructions printed on it or not. No ballot shall be held invalid
because it is marked in ink or pencil different from the one supplied at
the polling place, or because the names of candidates thereon have been
stricken out by the voter. Any cross mark or check mark shall be
disregarded, except that a single cross mark or check mark on a ballot
on which no number one appears shall be considered equivalent to the
number one. If the consecutive numerical order of the numbers on a
ballot is broken by the omission of one or more numbers, the smallest
number marked shall be taken to indicate the voter's first choice, the
next smallest his second, and so on, without regard to the number or
numbers omitted.
  (9) Count of first choices. At the beginning of the count for each
district the ballots shall be sorted and counted according to the first
choices marked on them. The ballots shall be so credited to the
candidates of their choice in the order of polling places chosen by lot
as specified in paragraph seven of this subdivision. The number of valid
ballots cast for each candidate as first choice in each polling place
and the total number of valid ballots for each candidate and for all
candidates shall be determined and recorded.
  (10) Single transferable vote. Each candidate shall be credited with
one vote for every ballot that is sorted to him as first choice or
transferred to him as hereinafter provided, and no ballot shall ever be
credited to more than one candidate at the same time.
  (11) Quota sufficient to elect. The quota of votes sufficient to elect
a community board member shall be determined by dividing the total
number of valid ballots cast in the community district by one more than
the number of members to be elected for the district and adding one to
the result, disregarding fractions. This is the smallest number of
ballots which could be received separately by each of as many candidates
as are to be elected but not by one more.
  (12) Election of candidates with quotas. All candidates whose
first-choice ballots equal or exceed the quota shall be declared
elected.
  (13) Transfer of surplus ballots. All of the surplus ballots in excess
of the quota of each candidate so elected shall be transferred from him,
each to the unelected candidate indicated on it as next choice among
such candidates. The ballots to be so transferred as surplus ballots
shall be those last received by the candidate in the count of first
choices which show a clear next choice for an unelected candidate. All
ballots which show no such clear next choice shall be left to the credit
of the candidate of their first choice. If more than one candidate has
first-choice ballots in excess of the quota, the surplus ballots of the
candidate with most ballots shall be transferred first, then those of
the candidate with next most ballots, and so on.
  (14) Election of candidates during transfers. Whenever during any
transfer of ballots, at any stage of the counting, the number of ballots
credited to a candidate becomes equal to the quota, he shall be declared
elected and no ballots in excess of the quota shall be transferred to
him. Any transferred ballots in excess of the quota which show a next
choice for such candidate shall be transferred further at once, each to
the next subsequent choice on it for a continuing candidate. A
"continuing candidate" is a candidate not yet elected or defeated. If
such a ballot shows no such further choice, it shall be set aside as
"exhausted".
  (15) Defeat of lowest candidates. After the count of first choices and
the transfer of all surplus ballots, if any, the candidates having
fewest votes to their credit shall be successively defeated and their
ballots transferred as hereinafter provided. The one candidate with the
fewest votes shall be declared defeated first. If at this point, two or
more of the candidates with the next fewest votes, including any such
candidates whose names have been written in, have together fewer votes
than the candidate next higher in number of votes, they may all be
declared defeated together unless this would reduce the number of
undefeated candidates below the number to be elected.
  (16) Transfer of ballots from defeated candidates. All the ballots of
the candidates thus defeated shall be transferred, each to the candidate
indicated on it as next choice among the continuing candidates. If a
ballot shows no such further choice, it shall be set aside as exhausted.
If the same choice is marked for more than one candidate, it shall be
disregarded except as to continuing candidates, but if the next choice
for a continuing candidate is marked for more than one continuing
candidate, the ballots shall be set aside as exhausted.
  (17) Defeat of candidate then lowest. When all the ballots of the
candidate or candidates first defeated have been transferred, the one
candidate who is then lowest on the poll shall be declared defeated and
all his ballots transferred in the same way.
  (18) Successive defeats and transfers of ballots. Thereupon the
candidate who is then lowest on the poll shall be declared defeated and
all his ballots similarly transferred. The lowest candidates shall be
declared defeated one at a time and all their ballots transferred until
the election is at an end as hereinafter provided.
  (19) Order of transfer. When ballots are being transferred from
defeated candidates, they shall be transferred in the reverse order to
that in which they were credited to the candidate whose ballots are
being transferred, except that if no quota can possibly be completed for
another candidate during the transfer they may be transferred in any
order.
  (20) Ties. In deciding any tie a candidate shall be treated as having
more votes than another if he was credited with more votes at the end of
the last preceding transfer or sorting of ballots at which the numbers
of their votes were different. Any tie not thus decided shall be decided
by lot.
  (21) Election ended when all quotas are completed. If at any time as
many candidates as are to be elected have received the quota, the other
candidates shall all be declared defeated and the election shall be at
an end. Any transfer that is in progress when the last candidate is
elected may be completed for the record.
  (22) Last candidates elected even if quotas are not completed. If at
any time all ballots of any defeated candidates have been transferred
and it is impossible to defeat another candidate without reducing the
continuing candidates below the number still to be elected, all the
continuing candidates shall be declared elected and the election shall
be at an end.
  (23) Correction of errors. If at any time after the first sorting of
the ballots a ballot is found to have been misplaced, it shall be
credited to the candidate who should have been credited with it at that
stage of the counting or set aside as exhausted if that would have been
the proper disposition of it at that stage, and any changes in the
disposition of the ballots composing completed quotas made necessary by
the correction shall also be made forthwith. If the number of misplaced
ballots found indicates that the list of continuing candidates may be
incorrect, so much of the sorting and counting as may be required to
correct the error shall be done over again before the count proceeds.
  (24) Record of count. A record of the count shall be kept in such form
as to show, after each sorting or transfer of ballots, the number
thereby credited to each candidate, the number thereby found exhausted,
the total for each candidate, the total found exhausted, and the total
number of valid ballots found by adding the totals of all candidates and
the total found exhausted.
  (25) Record and disposition of ballots. Every ballot that is
transferred from one candidate to another shall be stamped or marked so
as to show all the candidates to whom it is successively credited during
the entire course of the count. If in correcting an error, or in
recounting ballots, any ballots are re-sorted or re-transferred, every
such ballot shall be made to take the same course that it took in the
original count unless the correction of an error requires its taking a
different course.
  (26) Ineligible candidates. If a candidate dies or is officially
determined to be ineligible before the counting of the ballots is
completed, all choices for such candidate shall be disregarded and every
ballot which would otherwise have been counted for him shall be counted
for the next choice thereon, if any, instead.
  (27) Public attendance at count. The candidates, representatives of
the press and other media and, so far as may be consistent with good
order and convenience, the public shall be afforded every facility for
being present and witnessing the count.
  (28) Supplementary regulations. Administrative regulations for the
conduct of elections by proportional representation, not inconsistent
with the provisions of this article may be made by the city board and,
subject to any such regulation, by the board of elections in the city of
New York.
  ** 7. Method of election. The members of each community board shall be
elected in accordance with the following rules of limited voting:
  (a) Community board members shall be voted for on voting machines, in
accordance with the provisions of title two of article seven of the
election law.
  (b) Order of names on ballot. The names of the candidates shall be
printed in the alphabetical order of their surnames, except that they
shall be rotated by polling places by transposing the first named
candidate to the bottom of the order at each succeeding polling place so
that each name shall appear first and in each other position in an equal
number, as nearly as possible, of the polling places.
  (c) Vote casting. Each voter is entitled to cast one vote for each
candidate to a maximum of four votes. No voter may cast more than one
vote for any one candidate.
  (d) Election of candidates. The nine candidates receiving the greatest
number or votes when ballots are counted in accordance with the
provisions of article nine of the election law shall be elected.
  (e) Ties. In the event that more eligible persons than the number
remaining to be elected receive an equal number of votes, on notice to
the persons receiving the same number of votes, the board of elections
in the city of New York shall determine by lot which of those persons is
elected.
  (f) Supplementary regulations. Administrative regulations for the
conduct of elections by limited voting, not inconsistent with the
provisions of this article, may be made by the board of elections in the
city of New York, in consultation with the city board.
  ** NB The amendments to subdivision 7 made by chapter 149 of the laws
of 1998, although signed into law by the Governor on July 2, 1998, are
not operative until precleared by the Department of Justice, which has
not yet occurred.
  8. (a) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of a community board who refuses or
neglects to attend three meetings of his board of which he is duly
notified, without rendering in writing a good and valid excuse therefor
vacates his office by refusal to serve. Each absence and any written
excuse rendered shall be included within the official written minutes of
such meeting. After the third unexcused absence the board shall declare
a vacancy and certify the existence of the vacancy to the chancellor.
  (b) Vacancies shall be filled for the unexpired term by the community
board after consultation with the presidents' council or other
consultative body representing parents' associations and other
educational groups within the district. Recommendations made by such
parents and other educational groups shall be submitted in writing and
included within the record of the meeting at which the vacancy is
filled.
  (c) If the vacancy is not filled by the board within sixty days after
it is declared due to a tie vote for such appointment, the chancellor
shall vote with the community board, to break such tie vote. If the
board has failed to fill the vacancy within sixty days after it is
declared because of any other reason, the chancellor shall order the
board to do so pursuant to section twenty-five hundred ninety-l of this
chapter.
  9. Public information and education. (a) Each community board shall
prepare and submit to the city board monthly a performance report. The
information provided shall include community board members' attendance
records; participation in community board committees and other community
board activities; visits to schools; and voting records on major issues
before the community board.
  (b) The city board shall review and consolidate the performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
  10. Polling place procedures. The board of elections shall provide at
the locations designated as polling places on the days of the community
board elections, sufficient employees who have received formal training
regarding the conduct of community board elections, including the
procedures applicable to parent voters. The board of elections of the
city of New York shall provide polling place employees who speak other
languages as required by law.
  11. Distribution of information/media. Beginning in October of the
school year in which the community school election will take place, and
continuing until the date of election, the city board shall ensure the
distribution of voter guides to parents in addition to information
regarding community board roles, functions, and activities, including
upcoming elections, voter registration, candidate information, and the
nature of the election process to parents and to the general public
through city-wide and local media. The city board and the board of
elections of the city of New York should use foreign language and ethnic
newspapers and television stations to maximize minority participation in
the electoral process.
  12. Definition. For the purposes of this section, the term "parent of
a child" shall include a parent of a child with a disability, as defined
in article eighty-nine of this chapter.
  * NB Revived June 30, 2028

Where this section sits in the code

Education Law
Title 2. School District Organization
Article 52-A. New York City Community School District System

* § 2590-c. Composition of community district education councils. 1.

Each community district shall be governed by a community district

education council. The community councils shall consist of twelve voting

members and two non-voting members, as follows:

(a) (1) For councils whose terms begin prior to two thousand twenty,

nine voting members shall be parents whose children are attending a

school or a pre-kindergarten program offered by a school under the

jurisdiction of the community district, or have attended a school or a

pre-kindergarten program offered by a school under the jurisdiction of

the community district within the preceding two years, and shall be

selected by the presidents and officers of the parents' association or

parent-teachers' association. Such members shall serve for a term of two

years. Presidents and officers of parents' associations or

parent-teachers' associations who are candidates in the selection

process pursuant to this section shall not be eligible to cast votes in

such selection process. The association shall elect a member to vote in

the place of each such president or officer for the purposes of the

selection process. Provided, however, that a parent of a

pre-kindergarten pupil shall vacate his or her membership on such

community district education council where the parent no longer has a

child that attends a school or pre-kindergarten program offered by a

school under the jurisdiction of the community district.

(2) For councils whose terms begin in two thousand twenty-one and

thereafter, nine voting members shall be parents whose children are

attending a school or a pre-kindergarten program offered by a school

under the jurisdiction of the community district, or have attended a

school under the jurisdiction of the community district within the

preceding two years, and shall be elected by parents of children

attending such schools and pre-kindergarten programs in accordance with

a process developed by the chancellor pursuant to subdivision eight of

this section. Provided, however, that a parent of a pre-kindergarten

pupil shall vacate his or her membership on such community district

education council when the parent no longer has a child that attends a

school or pre-kindergarten program offered by a school under the

jurisdiction of the community district.

(b) Two voting members shall be appointed by the borough presidents

corresponding to such district. Such appointees shall be residents of,

or own or operate a business in, the district and shall be individuals

with extensive business, trade, or education experience and knowledge,

who will make a significant contribution to improving education in the

district. Such members shall serve for a term of two years.

district seventy-five school or program, or has attended a district

seventy-five school or program within the preceding two years, and shall

be elected by parents of children attending such schools or programs in

accordance with a process developed by the chancellor. Such member shall

serve for a term of two years.

(d) Two non-voting members who are high school seniors residing in the

district, shall be appointed by the superintendent from among the

elected student leadership. Such members shall serve for a one year

term.

Members shall not be paid a salary or stipend, but shall be reimbursed

for all actual and necessary expenses directly related to the duties and

responsibilities of the community council.

2. For the initial community council, such members must be selected on

or before October thirty-first, two thousand three, with terms

commencing on December first, two thousand three. Thereafter, commencing

in May of two thousand five, the selection or election of community

council members shall occur on the second Tuesday in May, with terms

commencing on the following July first.

3. Each such council shall select one of its voting members to serve

as chair.

4. Notwithstanding any provisions of law to the contrary, the

community district education council may appoint an administrative

assistant, pursuant to the policies of the city board, who shall perform

the following functions: (a) prepare meeting notices, agendas and

minutes; (b) record and maintain accounts of proceedings and other

council meetings; and (c) prepare briefing materials and other related

informational materials for such meetings. Each council shall be

responsible for the appointment, supervision, evaluation and discharge

of the administrative assistant.

5. No person may serve on more than one community council or on the

city-wide council on special education, the city-wide council on English

language learners, the city-wide council on high schools, or the

city-wide council on district seventy-five and a community council. A

member of a community council shall be ineligible to be employed by the

community council of which he or she is a member, any other community

council, the city-wide council on special education, the city-wide

council on English language learners, the city-wide council on high

schools, the city-wide council on district seventy-five, or the city

board. No person shall be eligible for membership on a community council

if he or she holds any elective public office or any elective or

appointed party position except that of delegate or alternate delegate

to a national, state, judicial or other party convention, or member of a

county committee.

A person may be permanently ineligible for appointment to any

community district education council for any of the following: (a) an

act of malfeasance directly related to his or her service on the

city-wide council on special education, the city-wide council on English

language learners, the city-wide council on high schools, the city-wide

council on district seventy-five, community school board or community

district education council; or (b) conviction of a crime, provided that

any such conviction shall be considered in accordance with article

twenty-three-A of the correction law.

Any decision rendered by the chancellor or the city board with respect

to the eligibility or qualifications of the nominees for community

district education councils must be written and made available for

public inspection within seven days of its issuance at the office of the

chancellor and the city board. Such written decision shall include the

factual and legal basis for its issuance and a record of the vote of

each board member who participated in the decision, if applicable.

6. (a) In addition to the conditions enumerated in the public officers

law creating a vacancy, a member of a community district education

council who refuses or neglects to attend three meetings of such council

of which he or she is duly notified, without rendering in writing a good

and valid excuse therefore vacates his or her office by refusal to

serve. Each absence and any written excuse rendered shall be included

within the official written minutes of such meeting. After the third

unexcused absence the community council shall declare a vacancy to the

chancellor.

(b) (1) Vacancies in positions that were not appointed by a borough

president or elected by parents of children attending district

seventy-five schools or programs shall be filled for an unexpired term

by the community district education council after consultation with the

presidents' council or other consultative body representing parents'

associations and other educational groups within the district.

Recommendations made by such parents and other educational groups shall

be submitted in writing and included within the record of the meeting at

which the vacancy is filled.

(2) If such vacancy results in the council not having at least one

member who is a parent of a student who is an English language learner

or who has been an English language learner within the preceding two

years, or results in the council not having at least one member who is a

parent of a student with an individualized education program, the

community council shall select a parent having such qualifications to

fill the vacancy.

days after it is declared due to a tie vote for such appointment, the

chancellor shall vote with the community council, to break such tie

vote. If the community council has failed to fill the vacancy within

sixty days after it is declared because of any other reason, the

chancellor shall order the community council to do so pursuant to

section twenty-five hundred ninety-1 of this article.

(d) Where a vacancy occurs in a position appointed by a borough

president, the borough president shall appoint a member to serve the

remainder of the unexpired term.

(e) Where a vacancy occurs in a position elected by parents of

children attending district seventy-five schools or programs, the

chancellor shall develop a process for parents of children attending

district seventy-five schools or programs to select a member to serve

the remainder of the unexpired term.

7. (a) Each community council shall prepare and submit to the city

board a performance report every month. The information provided shall

include community council members' attendance records; participation in

community council committees and other community council activities;

visits to schools; and voting records on major issues before the

community council.

(b) The city board shall review and consolidate the performance

reports into one comprehensive city district-wide report, which shall be

disseminated to the community and the media semiannually.

8. The chancellor shall: (a) develop a process to ensure a uniform

election process for parent associations and parent-teacher

associations. Such process shall ensure uniformity with respect to

timing of elections and the structure and size of the body.

(b) develop a process for nomination of candidates for community

council membership. Such process will outline in detail the procedure

which must be followed to present a name for consideration, may include

qualifications and prohibitions in addition to those outlined in this

section and may allow for an interview process for nominees.

which shall attempt to ensure membership that reflects a representative

cross-section of the communities within the school district and

diversity of the student population including those with particular

educational needs, shall include consideration of the enrollment figures

within each community district and the potential disparity of such

enrollment from school to school within the district, and shall ensure

that, to the extent possible, a school may have no more than one parent

representative on the community council. Such procedures shall ensure

that at least one position on the community council is filled by a

parent of a student who is an English language learner or who has been

an English language learner within the preceding two years, and at least

one position is filled by a parent of a student with an individualized

education program, and shall allow for the seven remaining positions to

be filled by parents who are otherwise eligible;

(2) after reviewing the recommendations of the task force described in

subdivision nine of this section, develop election procedures for

community council members which shall attempt to ensure membership that

reflects a representative cross-section of the communities within the

school district and diversity of the student population including those

with particular educational needs, shall include consideration of the

enrollment figures within each community district and the potential

disparity of such enrollment from school to school within the district,

and shall ensure that, to the extent possible, a school may have no more

than one parent representative on the community council. Such measures

shall ensure that at least one position on the community council is

filled by a parent of a current student who is or has been at any time

an English language learner, and at least one position is filled by a

parent of a student who has or has at any time had an individualized

education program, and shall allow for the seven remaining positions to

be filled by parents who are otherwise eligible. Such election

procedures shall ensure that no candidate is elected by a margin of less

than one vote.

(d) promulgate rules and regulations requiring financial disclosure by

the nominees and policies prohibiting political endorsements of and

campaign contributions to nominees.

(e) beginning in January of each school year and continuing until the

date of selection, ensure the distribution of guides to parents in

addition to information regarding community council roles, functions,

and activities, including upcoming parents' association and

parent-teacher association elections, candidate information, and the

nature of the selection or election process.

Prior to the adoption of the processes, procedures, rules or

regulations set forth in this subdivision, the chancellor shall ensure

that there is an inclusive public process which allows for sufficient

public input from parents and the community including public hearings.

All such processes, procedures, rules or regulations must be final in

sufficient time to assure for an orderly implementation and notification

of such processes, procedures, rules or regulations to allow for full

community participation in the nomination and selection processes and

procedures.

9. The mayor shall appoint a task force on community district

education councils consisting of parents whose child or children are

attending a public school within the community districts and other

members with relevant expertise. The task force shall review the

eligibility criteria to serve on a community district education council,

the process for selecting community council members, and their terms of

office. The task force shall submit a report concerning its findings and

recommendations to the mayor and the chancellor by November first, two

thousand nineteen.

* NB Repealed June 30, 2028

* § 2590-c. Composition of community boards. 1. Each community

district shall be governed by a community board to consist of nine

members to be elected for a term of three years and to serve without

compensation. Each such board shall select one of its members to serve

as chairman.

Notwithstanding any provisions of law to the contrary, the community

board may appoint a board secretary, pursuant to the policies of the

city board, who shall perform the following functions: (a) prepare

meeting notices, agendas and minutes; and (b) record and maintain

accounts of proceedings and other board meetings. Each board shall be

responsible for the appointment, supervision, evaluation and discharge

of the board secretary.

2. Such members shall be elected at an election conducted by the board

of elections in the city of New York to be held on the first Tuesday in

May commencing with the year two thousand three and every third year

thereafter for a term commencing on the first day of July next

following.

3. Every registered voter residing in a community district and every

registered parent of a child attending any school under the jurisdiction

of the community board of such district who is a citizen of the state, a

resident of the city of New York for at least thirty days and at least

eighteen years of age shall be eligible to vote at such election for the

members of such community board, except that no person may vote more

than once or in more than one community district, and no person shall

have the right to register or vote at any community board election who

would not be qualified to register or vote at any election in accordance

with the provisions of section 5-106 of the election law.

(a) The board of elections of the city of New York shall provide for

the personal and mail registration, and cancellation of registration, of

persons qualified by this subdivision to vote as "parents," in a manner

determined jointly by the board of elections and the city board. Each

parent shall be offered the opportunity to register as a parent voter at

the time such parent registers his child with the school and at such

other times as the board of elections deems necessary to achieve the

registration of the maximum number of parents possible. The registration

process shall provide a procedure for determining when such parents

shall cease to be eligible to vote as parent voters because their child

no longer attends a school under the jurisdiction of the community

board.

(b) In January next preceding each community board election, the city

board shall provide written notice to every parent of a child attending

school under the jurisdiction of every community board of such parent's

right to vote in the community board election, the method and time by

which a parent may register to vote, and a form by which such parent may

pursuant to the certification procedures agreed to by the board of

elections and the city board. The board of elections shall certify all

qualified registrations and transmit notice of such certification to the

city board promptly.

4. (a) Every registered voter residing in a community district and

every parent of a child attending any school under the jurisdiction of

the community board of such district who is a citizen of the state, a

resident of the city of New York for at least ninety days prior to the

date of the election, and at least eighteen years of age shall be

eligible for membership on such community board, provided that such

person not be disqualified from registering for or voting at an election

under the provisions of section 5-106 of the election law or ineligible

to serve, under the provisions of paragraph (b) of this subdivision. No

person may serve on more than one community board. A member of a

community board shall be ineligible to be employed by the community

board of which he is a board member, any other community board or the

city board. No person shall be eligible for membership on a community

board if he or she holds any elective public office or any elective or

appointed party position except that of delegate or alternate delegate

to a national, state, judicial or other party convention, or member of a

county committee.

(b) A person who has been convicted of a felony, or has been removed

from a community school board for any of the following shall be

permanently ineligible for appointment or election to any community

school board:

(1) an act of malfeasance directly related to his or her service on

such community school board; or

(2) conviction of a crime, if such crime is directly related to his or

her service upon such community school board.

5. Each registered voter shall vote at such polling place within his

or her community district as shall be designated by the board of

elections in the city of New York or may vote as a registered parent

voter, but not both. Each person voting as a registered parent shall

vote at such polling place within the community district in which his or

her child is attending school as shall be designated by the board of

elections in the city of New York. In the event a parent has children

attending school in different community districts, the parent may vote

at either polling place designated for each of the community districts

by the board of elections, but not both. The polls of such elections

shall be open between the hours of six o'clock in the forenoon and nine

o'clock in the evening on the days of elections.

6. Applicability of the election law. (a) The provisions of the

election law with respect to registration of voters, nomination of

candidates, declination of nominations, filling of vacancies in

nominations, notices to candidates, objections to petitions, rulings

thereon, judicial proceedings, campaign receipts and expenditures,

conduct of the election, including the use of voting machines, counting

and canvassing of votes, and all other matters so far as applicable

shall govern the election of community board members; provided, however,

that:

(1) candidates for community board member shall be nominated by

petitions in accordance with regulations, not inconsistent with the

provisions of this article, promulgated by the board of elections in the

city of New York. Such petitions shall be filed with the board of

elections at least four weeks before the election;

(2) nominating petitions shall be signed by not fewer than two hundred

registered voters residing in such community district, or persons

eligible to vote as registered parents in such community district;

(3) each candidate shall be nominated by a separate petition and no

elector shall sign more than one such petition. Should an elector sign

more than one such petition, his or her signature shall be void except

upon the petition first signed;

(4) no candidate shall be identified by political party or other

organizational affiliation on the nominating petitions or the ballot;

(5) certification of acceptance or declination are not required to be

acknowledged; and

(6) the order of the names of candidates on the ballot shall be

determined in the same manner as the order of names of candidates in a

primary election.

(b) Notwithstanding the provisions of section 14-102 of the election

law to the contrary, all receipts and contributions received by a

candidate for community board or a political committee on behalf of a

candidate for community board from any one contributor must be

specifically accounted for by separate items in such candidate's or

committee's financial disclosure statement.

be entitled to exercise all the rights granted by section 8-500 of the

election law to a political party or independent body in regard to the

appointment of watchers and challengers for the polls.

(d) Any public hearing held by the board of elections or the city

board with respect to the community school board elections or to

candidates for community boards must be stenographically transcribed or

recorded in another manner and such transcripts or written records of

such recordings must be made available for public inspection at the

offices of the city board and the board of elections.

(e) Any decision rendered by the board of elections or the city board

with respect to candidates for community boards must be written and made

available for public inspection within seven days of its issuance at the

offices of the city board and the board of elections. Such written

decision shall include the factual and legal basis for its issuance and

a record of the vote of each board member or commissioner of elections

who participated in the decision.

7. The members of each community board shall be elected by

proportional representation in accordance with the following rules:

(1) Paper ballots. Community board members shall be voted for, in

accordance with the instructions provided in paragraph three, on paper

ballots on which the candidates are listed by name only. The ballots

shall conform to the provisions of the election law for paper ballots,

so far as applicable, except as to size and as hereinafter provided. The

ballots shall contain a square for voting before each candidate's name.

(2) Order of names on ballot. The names of the candidates shall be

printed in the alphabetical order of their surnames, except that they

shall be rotated by polling places by transposing the first named

candidate to the bottom of the order at each succeeding polling place;

so that each name shall appear first and in each other position in an

equal number, as nearly as possible, of the polling places.

(3) Instructions to voters. There shall be no indication on the ballot

of a definite number of candidates to be voted for. The instructions to

voters shall read as follows:

INSTRUCTIONS

Mark Your Choices with NUMBERS Only.

(Do NOT use X Marks.)

Put the number 1 in the square opposite the name of your first choice.

Put the number 2 opposite your second choice, the number 3 opposite

your third choice, and so on. You may mark as many choices as you

please.

Do not put the same number opposite more than one name.

To vote for a person whose name is not printed on this ballot, write

his name on a blank line under the names of the candidates and put a

number in the square opposite to show which choice you wish to give him.

If you tear or deface or wrongly mark this ballot, draw lines across

its face to prevent its being used, return it and obtain another.

(4) Central count. Prior to every election at which community board

members are to be elected, the board of elections shall designate a

central counting place for each community district where the ballots

shall be brought together and counted publicly; shall appoint for each

central counting place a board of two competent persons, to act as

directors of the count for such counting place; shall employ a

sufficient staff of assistants for each counting place, and shall make

suitable arrangements for the counting and recording of the ballots,

subject to the provisions of this article. If the board of elections and

the city board determine it to be feasible and desirable, the board of

elections may provide for the counting of the ballots by any combination

of electronic, mechanical or other devices to carry out the provisions

of this section. The board of elections shall prepare and provide all

necessary forms and equipment.

(5) Assembling ballots. As soon as the polls have closed, the election

officials assigned by the board of elections at each polling place shall

seal the ballot boxes without opening them and shall send them at once,

as the board of elections may direct, to the central counting place for

the district with a record of the number of ballots for community board

member which have been voted in their polling place.

(6) Checking number of ballots. At the central counting place the

number of ballots for community board member found in each ballot box

shall be recorded and compared with the record sent from the

corresponding polling place. The records thus compared shall be made

available to the public with notations explaining any corrections or

changes made therein. Discrepancies which cannot be reconciled shall be

shown on the record. All ballots found in the ballot boxes which bear no

evidence of having been improperly cast shall be accepted.

(7) Sorting of ballots. Ballots shall be sorted by polling places in

an order determined by lot.

(8) Rules for validity. If a ballot does not clearly show which

candidate the voter prefers to all others or if it contains the

signature of the voter, it shall be held as invalid. Every ballot not

thus invalid shall be counted according to the intent of the voter so

far as that can be clearly ascertained, whether marked according to the

instructions printed on it or not. No ballot shall be held invalid

because it is marked in ink or pencil different from the one supplied at

the polling place, or because the names of candidates thereon have been

stricken out by the voter. Any cross mark or check mark shall be

disregarded, except that a single cross mark or check mark on a ballot

on which no number one appears shall be considered equivalent to the

number one. If the consecutive numerical order of the numbers on a

ballot is broken by the omission of one or more numbers, the smallest

number marked shall be taken to indicate the voter's first choice, the

next smallest his second, and so on, without regard to the number or

numbers omitted.

(9) Count of first choices. At the beginning of the count for each

district the ballots shall be sorted and counted according to the first

choices marked on them. The ballots shall be so credited to the

candidates of their choice in the order of polling places chosen by lot

as specified in paragraph seven of this subdivision. The number of valid

ballots cast for each candidate as first choice in each polling place

and the total number of valid ballots for each candidate and for all

candidates shall be determined and recorded.

(10) Single transferable vote. Each candidate shall be credited with

one vote for every ballot that is sorted to him as first choice or

transferred to him as hereinafter provided, and no ballot shall ever be

credited to more than one candidate at the same time.

(11) Quota sufficient to elect. The quota of votes sufficient to elect

a community board member shall be determined by dividing the total

number of valid ballots cast in the community district by one more than

the number of members to be elected for the district and adding one to

the result, disregarding fractions. This is the smallest number of

ballots which could be received separately by each of as many candidates

as are to be elected but not by one more.

(12) Election of candidates with quotas. All candidates whose

first-choice ballots equal or exceed the quota shall be declared

elected.

(13) Transfer of surplus ballots. All of the surplus ballots in excess

of the quota of each candidate so elected shall be transferred from him,

each to the unelected candidate indicated on it as next choice among

such candidates. The ballots to be so transferred as surplus ballots

shall be those last received by the candidate in the count of first

choices which show a clear next choice for an unelected candidate. All

ballots which show no such clear next choice shall be left to the credit

of the candidate of their first choice. If more than one candidate has

first-choice ballots in excess of the quota, the surplus ballots of the

candidate with most ballots shall be transferred first, then those of

the candidate with next most ballots, and so on.

(14) Election of candidates during transfers. Whenever during any

transfer of ballots, at any stage of the counting, the number of ballots

credited to a candidate becomes equal to the quota, he shall be declared

elected and no ballots in excess of the quota shall be transferred to

him. Any transferred ballots in excess of the quota which show a next

choice for such candidate shall be transferred further at once, each to

the next subsequent choice on it for a continuing candidate. A

"continuing candidate" is a candidate not yet elected or defeated. If

such a ballot shows no such further choice, it shall be set aside as

"exhausted".

(15) Defeat of lowest candidates. After the count of first choices and

the transfer of all surplus ballots, if any, the candidates having

fewest votes to their credit shall be successively defeated and their

ballots transferred as hereinafter provided. The one candidate with the

fewest votes shall be declared defeated first. If at this point, two or

more of the candidates with the next fewest votes, including any such

candidates whose names have been written in, have together fewer votes

than the candidate next higher in number of votes, they may all be

declared defeated together unless this would reduce the number of

undefeated candidates below the number to be elected.

(16) Transfer of ballots from defeated candidates. All the ballots of

the candidates thus defeated shall be transferred, each to the candidate

indicated on it as next choice among the continuing candidates. If a

ballot shows no such further choice, it shall be set aside as exhausted.

If the same choice is marked for more than one candidate, it shall be

disregarded except as to continuing candidates, but if the next choice

for a continuing candidate is marked for more than one continuing

candidate, the ballots shall be set aside as exhausted.

(17) Defeat of candidate then lowest. When all the ballots of the

candidate or candidates first defeated have been transferred, the one

candidate who is then lowest on the poll shall be declared defeated and

all his ballots transferred in the same way.

(18) Successive defeats and transfers of ballots. Thereupon the

candidate who is then lowest on the poll shall be declared defeated and

all his ballots similarly transferred. The lowest candidates shall be

declared defeated one at a time and all their ballots transferred until

the election is at an end as hereinafter provided.

(19) Order of transfer. When ballots are being transferred from

defeated candidates, they shall be transferred in the reverse order to

that in which they were credited to the candidate whose ballots are

being transferred, except that if no quota can possibly be completed for

another candidate during the transfer they may be transferred in any

order.

(20) Ties. In deciding any tie a candidate shall be treated as having

more votes than another if he was credited with more votes at the end of

the last preceding transfer or sorting of ballots at which the numbers

of their votes were different. Any tie not thus decided shall be decided

by lot.

(21) Election ended when all quotas are completed. If at any time as

many candidates as are to be elected have received the quota, the other

candidates shall all be declared defeated and the election shall be at

an end. Any transfer that is in progress when the last candidate is

elected may be completed for the record.

(22) Last candidates elected even if quotas are not completed. If at

any time all ballots of any defeated candidates have been transferred

and it is impossible to defeat another candidate without reducing the

continuing candidates below the number still to be elected, all the

continuing candidates shall be declared elected and the election shall

be at an end.

(23) Correction of errors. If at any time after the first sorting of

the ballots a ballot is found to have been misplaced, it shall be

credited to the candidate who should have been credited with it at that

stage of the counting or set aside as exhausted if that would have been

the proper disposition of it at that stage, and any changes in the

disposition of the ballots composing completed quotas made necessary by

the correction shall also be made forthwith. If the number of misplaced

ballots found indicates that the list of continuing candidates may be

incorrect, so much of the sorting and counting as may be required to

correct the error shall be done over again before the count proceeds.

(24) Record of count. A record of the count shall be kept in such form

as to show, after each sorting or transfer of ballots, the number

thereby credited to each candidate, the number thereby found exhausted,

the total for each candidate, the total found exhausted, and the total

number of valid ballots found by adding the totals of all candidates and

the total found exhausted.

(25) Record and disposition of ballots. Every ballot that is

transferred from one candidate to another shall be stamped or marked so

as to show all the candidates to whom it is successively credited during

the entire course of the count. If in correcting an error, or in

recounting ballots, any ballots are re-sorted or re-transferred, every

such ballot shall be made to take the same course that it took in the

original count unless the correction of an error requires its taking a

different course.

(26) Ineligible candidates. If a candidate dies or is officially

determined to be ineligible before the counting of the ballots is

completed, all choices for such candidate shall be disregarded and every

ballot which would otherwise have been counted for him shall be counted

for the next choice thereon, if any, instead.

(27) Public attendance at count. The candidates, representatives of

the press and other media and, so far as may be consistent with good

order and convenience, the public shall be afforded every facility for

being present and witnessing the count.

(28) Supplementary regulations. Administrative regulations for the

conduct of elections by proportional representation, not inconsistent

with the provisions of this article may be made by the city board and,

subject to any such regulation, by the board of elections in the city of

New York.

** 7. Method of election. The members of each community board shall be

elected in accordance with the following rules of limited voting:

(a) Community board members shall be voted for on voting machines, in

accordance with the provisions of title two of article seven of the

election law.

(b) Order of names on ballot. The names of the candidates shall be

printed in the alphabetical order of their surnames, except that they

shall be rotated by polling places by transposing the first named

candidate to the bottom of the order at each succeeding polling place so

that each name shall appear first and in each other position in an equal

number, as nearly as possible, of the polling places.

candidate to a maximum of four votes. No voter may cast more than one

vote for any one candidate.

(d) Election of candidates. The nine candidates receiving the greatest

number or votes when ballots are counted in accordance with the

provisions of article nine of the election law shall be elected.

(e) Ties. In the event that more eligible persons than the number

remaining to be elected receive an equal number of votes, on notice to

the persons receiving the same number of votes, the board of elections

in the city of New York shall determine by lot which of those persons is

elected.

(f) Supplementary regulations. Administrative regulations for the

conduct of elections by limited voting, not inconsistent with the

provisions of this article, may be made by the board of elections in the

city of New York, in consultation with the city board.

** NB The amendments to subdivision 7 made by chapter 149 of the laws

of 1998, although signed into law by the Governor on July 2, 1998, are

not operative until precleared by the Department of Justice, which has

not yet occurred.

8. (a) In addition to the conditions enumerated in the public officers

law creating a vacancy, a member of a community board who refuses or

neglects to attend three meetings of his board of which he is duly

notified, without rendering in writing a good and valid excuse therefor

vacates his office by refusal to serve. Each absence and any written

excuse rendered shall be included within the official written minutes of

such meeting. After the third unexcused absence the board shall declare

a vacancy and certify the existence of the vacancy to the chancellor.

(b) Vacancies shall be filled for the unexpired term by the community

board after consultation with the presidents' council or other

consultative body representing parents' associations and other

educational groups within the district. Recommendations made by such

parents and other educational groups shall be submitted in writing and

included within the record of the meeting at which the vacancy is

filled.

it is declared due to a tie vote for such appointment, the chancellor

shall vote with the community board, to break such tie vote. If the

board has failed to fill the vacancy within sixty days after it is

declared because of any other reason, the chancellor shall order the

board to do so pursuant to section twenty-five hundred ninety-l of this

chapter.

9. Public information and education. (a) Each community board shall

prepare and submit to the city board monthly a performance report. The

information provided shall include community board members' attendance

records; participation in community board committees and other community

board activities; visits to schools; and voting records on major issues

before the community board.

(b) The city board shall review and consolidate the performance

reports into one comprehensive city district-wide report, which shall be

disseminated to the community and the media semiannually.

10. Polling place procedures. The board of elections shall provide at

the locations designated as polling places on the days of the community

board elections, sufficient employees who have received formal training

regarding the conduct of community board elections, including the

procedures applicable to parent voters. The board of elections of the

city of New York shall provide polling place employees who speak other

languages as required by law.

11. Distribution of information/media. Beginning in October of the

school year in which the community school election will take place, and

continuing until the date of election, the city board shall ensure the

distribution of voter guides to parents in addition to information

regarding community board roles, functions, and activities, including

upcoming elections, voter registration, candidate information, and the

nature of the election process to parents and to the general public

through city-wide and local media. The city board and the board of

elections of the city of New York should use foreign language and ethnic

newspapers and television stations to maximize minority participation in

the electoral process.

12. Definition. For the purposes of this section, the term "parent of

a child" shall include a parent of a child with a disability, as defined

in article eighty-nine of this chapter.

* NB Revived June 30, 2028

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