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M E M O R A N D U M 

 

TO: Robert E. Biggerstaff 

FROM: Laura K. Biggerstaff 

DATE: November 3, 2009

RE:  school elections 

 

 Question: Who makes the determination as to the school district polling places and the city polling places within a small city school district? 

Answer: The Board of Education divides the city school district into “school election districts” which are, if practicable, coterminous with general election districts.  Generally, non-school city election districts are created by the legislative body of that city.  Separate Boards of Election create election districts in the cities of Buffalo and New York and the counties of Monroe, Nassau, and Suffolk, however.

Explanation:

Education Law §2604 states that the Board of Education was required to adopt a resolution, before the first annual election held pursuant to the law (last amended in 1954), dividing the city school district into “school election districts.”  These districts should be coterminous with one or more general election districts and contain a school building, if circumstances allow such configuration.  If no public school house is available in a school election district, the Board must pass a resolution specifying the polling place within the district.  City school districts with 10,000 or fewer inhabitants may choose to have only one school election district.

 After the initial division, the Board may modify the school election districts by a duly passed resolution.

Election Law §4-100 outlines the creation and alteration of city election districts.

 

 

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