§ 2590-C — Composition of community district education councils

* § 2590-c. Composition of community district education councils. 1.\nEach community district shall be governed by a community district\neducation council. The community councils shall consist of twelve voting\nmembers and two non-voting members, as follows:\n (a) (1) For councils whose terms begin prior to two thousand twenty,\nnine voting members shall be parents whose children are attending a\nschool or a pre-kindergarten program offered by a school under the\njurisdiction of the community district, or have attended a school or a\npre-kindergarten program offered by a school under the jurisdiction of\nthe community district within the preceding two years, and shall be\nselected by the presidents and officers of the parents' association or\nparent-teachers' association. Such members shall serve for a term of two\nyears. Presidents and officers of parents' associations or\nparent-teachers' associations who are candidates in the selection\nprocess pursuant to this section shall not be eligible to cast votes in\nsuch selection process. The association shall elect a member to vote in\nthe place of each such president or officer for the purposes of the\nselection process. Provided, however, that a parent of a\npre-kindergarten pupil shall vacate his or her membership on such\ncommunity district education council where the parent no longer has a\nchild that attends a school or pre-kindergarten program offered by a\nschool under the jurisdiction of the community district.\n (2) For councils whose terms begin in two thousand twenty-one and\nthereafter, nine voting members shall be parents whose children are\nattending a school or a pre-kindergarten program offered by a school\nunder the jurisdiction of the community district, or have attended a\nschool under the jurisdiction of the community district within the\npreceding two years, and shall be elected by parents of children\nattending such schools and pre-kindergarten programs in accordance with\na process developed by the chancellor pursuant to subdivision eight of\nthis section. Provided, however, that a parent of a pre-kindergarten\npupil shall vacate his or her membership on such community district\neducation council when the parent no longer has a child that attends a\nschool or pre-kindergarten program offered by a school under the\njurisdiction of the community district.\n (b) Two voting members shall be appointed by the borough presidents\ncorresponding to such district. Such appointees shall be residents of,\nor own or operate a business in, the district and shall be individuals\nwith extensive business, trade, or education experience and knowledge,\nwho will make a significant contribution to improving education in the\ndistrict. Such members shall serve for a term of two years.\n (c) One voting member shall be a parent whose child is attending a\ndistrict seventy-five school or program, or has attended a district\nseventy-five school or program within the preceding two years, and shall\nbe elected by parents of children attending such schools or programs in\naccordance with a process developed by the chancellor. Such member shall\nserve for a term of two years.\n (d) Two non-voting members who are high school seniors residing in the\ndistrict, shall be appointed by the superintendent from among the\nelected student leadership. Such members shall serve for a one year\nterm.\n Members shall not be paid a salary or stipend, but shall be reimbursed\nfor all actual and necessary expenses directly related to the duties and\nresponsibilities of the community council.\n 2. For the initial community council, such members must be selected on\nor before October thirty-first, two thousand three, with terms\ncommencing on December first, two thousand three. Thereafter, commencing\nin May of two thousand five, the selection or election of community\ncouncil members shall occur on the second Tuesday in May, with terms\ncommencing on the following July first.\n 3. Each such council shall select one of its voting members to serve\nas chair.\n 4. Notwithstanding any provisions of law to the contrary, the\ncommunity district education council may appoint an administrative\nassistant, pursuant to the policies of the city board, who shall perform\nthe following functions: (a) prepare meeting notices, agendas and\nminutes; (b) record and maintain accounts of proceedings and other\ncouncil meetings; and (c) prepare briefing materials and other related\ninformational materials for such meetings. Each council shall be\nresponsible for the appointment, supervision, evaluation and discharge\nof the administrative assistant.\n 5. No person may serve on more than one community council or on the\ncity-wide council on special education, the city-wide council on English\nlanguage learners, the city-wide council on high schools, or the\ncity-wide council on district seventy-five and a community council. A\nmember of a community council shall be ineligible to be employed by the\ncommunity council of which he or she is a member, any other community\ncouncil, the city-wide council on special education, the city-wide\ncouncil on English language learners, the city-wide council on high\nschools, the city-wide council on district seventy-five, or the city\nboard. No person shall be eligible for membership on a community council\nif he or she holds any elective public office or any elective or\nappointed party position except that of delegate or alternate delegate\nto a national, state, judicial or other party convention, or member of a\ncounty committee.\n A person may be permanently ineligible for appointment to any\ncommunity district education council for any of the following: (a) an\nact of malfeasance directly related to his or her service on the\ncity-wide council on special education, the city-wide council on English\nlanguage learners, the city-wide council on high schools, the city-wide\ncouncil on district seventy-five, community school board or community\ndistrict education council; or (b) conviction of a crime, provided that\nany such conviction shall be considered in accordance with article\ntwenty-three-A of the correction law.\n Any decision rendered by the chancellor or the city board with respect\nto the eligibility or qualifications of the nominees for community\ndistrict education councils must be written and made available for\npublic inspection within seven days of its issuance at the office of the\nchancellor and the city board. Such written decision shall include the\nfactual and legal basis for its issuance and a record of the vote of\neach board member who participated in the decision, if applicable.\n 6. (a) In addition to the conditions enumerated in the public officers\nlaw creating a vacancy, a member of a community district education\ncouncil who refuses or neglects to attend three meetings of such council\nof which he or she is duly notified, without rendering in writing a good\nand valid excuse therefore vacates his or her office by refusal to\nserve. Each absence and any written excuse rendered shall be included\nwithin the official written minutes of such meeting. After the third\nunexcused absence the community council shall declare a vacancy to the\nchancellor.\n (b) (1) Vacancies in positions that were not appointed by a borough\npresident or elected by parents of children attending district\nseventy-five schools or programs shall be filled for an unexpired term\nby the community district education council after consultation with the\npresidents' council or other consultative body representing parents'\nassociations and other educational groups within the district.\nRecommendations made by such parents and other educational groups shall\nbe submitted in writing and included within the record of the meeting at\nwhich the vacancy is filled.\n (2) If such vacancy results in the council not having at least one\nmember who is a parent of a student who is an English language learner\nor who has been an English language learner within the preceding two\nyears, or results in the council not having at least one member who is a\nparent of a student with an individualized education program, the\ncommunity council shall select a parent having such qualifications to\nfill the vacancy.\n (c) If the vacancy is not filled by the community council within sixty\ndays after it is declared due to a tie vote for such appointment, the\nchancellor shall vote with the community council, to break such tie\nvote. If the community council has failed to fill the vacancy within\nsixty days after it is declared because of any other reason, the\nchancellor shall order the community council to do so pursuant to\nsection twenty-five hundred ninety-1 of this article.\n (d) Where a vacancy occurs in a position appointed by a borough\npresident, the borough president shall appoint a member to serve the\nremainder of the unexpired term.\n (e) Where a vacancy occurs in a position elected by parents of\nchildren attending district seventy-five schools or programs, the\nchancellor shall develop a process for parents of children attending\ndistrict seventy-five schools or programs to select a member to serve\nthe remainder of the unexpired term.\n 7. (a) Each community council shall prepare and submit to the city\nboard a performance report every month. The information provided shall\ninclude community council members' attendance records; participation in\ncommunity council committees and other community council activities;\nvisits to schools; and voting records on major issues before the\ncommunity council.\n (b) The city board shall review and consolidate the performance\nreports into one comprehensive city district-wide report, which shall be\ndisseminated to the community and the media semiannually.\n 8. The chancellor shall: (a) develop a process to ensure a uniform\nelection process for parent associations and parent-teacher\nassociations. Such process shall ensure uniformity with respect to\ntiming of elections and the structure and size of the body.\n (b) develop a process for nomination of candidates for community\ncouncil membership. Such process will outline in detail the procedure\nwhich must be followed to present a name for consideration, may include\nqualifications and prohibitions in addition to those outlined in this\nsection and may allow for an interview process for nominees.\n (c) (1) develop selection procedures for community council members\nwhich shall attempt to ensure membership that reflects a representative\ncross-section of the communities within the school district and\ndiversity of the student population including those with particular\neducational needs, shall include consideration of the enrollment figures\nwithin each community district and the potential disparity of such\nenrollment from school to school within the district, and shall ensure\nthat, to the extent possible, a school may have no more than one parent\nrepresentative on the community council. Such procedures shall ensure\nthat at least one position on the community council is filled by a\nparent of a student who is an English language learner or who has been\nan English language learner within the preceding two years, and at least\none position is filled by a parent of a student with an individualized\neducation program, and shall allow for the seven remaining positions to\nbe filled by parents who are otherwise eligible;\n (2) after reviewing the recommendations of the task force described in\nsubdivision nine of this section, develop election procedures for\ncommunity council members which shall attempt to ensure membership that\nreflects a representative cross-section of the communities within the\nschool district and diversity of the student population including those\nwith particular educational needs, shall include consideration of the\nenrollment figures within each community district and the potential\ndisparity of such enrollment from school to school within the district,\nand shall ensure that, to the extent possible, a school may have no more\nthan one parent representative on the community council. Such measures\nshall ensure that at least one position on the community council is\nfilled by a parent of a current student who is or has been at any time\nan English language learner, and at least one position is filled by a\nparent of a student who has or has at any time had an individualized\neducation program, and shall allow for the seven remaining positions to\nbe filled by parents who are otherwise eligible. Such election\nprocedures shall ensure that no candidate is elected by a margin of less\nthan one vote.\n (d) promulgate rules and regulations requiring financial disclosure by\nthe nominees and policies prohibiting political endorsements of and\ncampaign contributions to nominees.\n (e) beginning in January of each school year and continuing until the\ndate of selection, ensure the distribution of guides to parents in\naddition to information regarding community council roles, functions,\nand activities, including upcoming parents' association and\nparent-teacher association elections, candidate information, and the\nnature of the selection or election process.\n Prior to the adoption of the processes, procedures, rules or\nregulations set forth in this subdivision, the chancellor shall ensure\nthat there is an inclusive public process which allows for sufficient\npublic input from parents and the community including public hearings.\nAll such processes, procedures, rules or regulations must be final in\nsufficient time to assure for an orderly implementation and notification\nof such processes, procedures, rules or regulations to allow for full\ncommunity participation in the nomination and selection processes and\nprocedures.\n 9. The mayor shall appoint a task force on community district\neducation councils consisting of parents whose child or children are\nattending a public school within the community districts and other\nmembers with relevant expertise. The task force shall review the\neligibility criteria to serve on a community district education council,\nthe process for selecting community council members, and their terms of\noffice. The task force shall submit a report concerning its findings and\nrecommendations to the mayor and the chancellor by November first, two\nthousand nineteen.\n * NB Repealed June 30, 2026\n * § 2590-c. Composition of community boards. 1. Each community\ndistrict shall be governed by a community board to consist of nine\nmembers to be elected for a term of three years and to serve without\ncompensation. Each such board shall select one of its members to serve\nas chairman.\n Notwithstanding any provisions of law to the contrary, the community\nboard may appoint a board secretary, pursuant to the policies of the\ncity board, who shall perform the following functions: (a) prepare\nmeeting notices, agendas and minutes; and (b) record and maintain\naccounts of proceedings and other board meetings. Each board shall be\nresponsible for the appointment, supervision, evaluation and discharge\nof the board secretary.\n 2. Such members shall be elected at an election conducted by the board\nof elections in the city of New York to be held on the first Tuesday in\nMay commencing with the year two thousand three and every third year\nthereafter for a term commencing on the first day of July next\nfollowing.\n 3. Every registered voter residing in a community district and every\nregistered parent of a child attending any school under the jurisdiction\nof the community board of such district who is a citizen of the state, a\nresident of the city of New York for at least thirty days and at least\neighteen years of age shall be eligible to vote at such election for the\nmembers of such community board, except that no person may vote more\nthan once or in more than one community district, and no person shall\nhave the right to register or vote at any community board election who\nwould not be qualified to register or vote at any election in accordance\nwith the provisions of section 5-106 of the election law.\n (a) The board of elections of the city of New York shall provide for\nthe personal and mail registration, and cancellation of registration, of\npersons qualified by this subdivision to vote as "parents," in a manner\ndetermined jointly by the board of elections and the city board. Each\nparent shall be offered the opportunity to register as a parent voter at\nthe time such parent registers his child with the school and at such\nother times as the board of elections deems necessary to achieve the\nregistration of the maximum number of parents possible. The registration\nprocess shall provide a procedure for determining when such parents\nshall cease to be eligible to vote as parent voters because their child\nno longer attends a school under the jurisdiction of the community\nboard.\n (b) In January next preceding each community board election, the city\nboard shall provide written notice to every parent of a child attending\nschool under the jurisdiction of every community board of such parent's\nright to vote in the community board election, the method and time by\nwhich a parent may register to vote, and a form by which such parent may\nregister by mail.\n (c) The board of elections shall certify qualified registrations\npursuant to the certification procedures agreed to by the board of\nelections and the city board. The board of elections shall certify all\nqualified registrations and transmit notice of such certification to the\ncity board promptly.\n 4. (a) Every registered voter residing in a community district and\nevery parent of a child attending any school under the jurisdiction of\nthe community board of such district who is a citizen of the state, a\nresident of the city of New York for at least ninety days prior to the\ndate of the election, and at least eighteen years of age shall be\neligible for membership on such community board, provided that such\nperson not be disqualified from registering for or voting at an election\nunder the provisions of section 5-106 of the election law or ineligible\nto serve, under the provisions of paragraph (b) of this subdivision. No\nperson may serve on more than one community board. A member of a\ncommunity board shall be ineligible to be employed by the community\nboard of which he is a board member, any other community board or the\ncity board. No person shall be eligible for membership on a community\nboard if he or she holds any elective public office or any elective or\nappointed party position except that of delegate or alternate delegate\nto a national, state, judicial or other party convention, or member of a\ncounty committee.\n (b) A person who has been convicted of a felony, or has been removed\nfrom a community school board for any of the following shall be\npermanently ineligible for appointment or election to any community\nschool board:\n (1) an act of malfeasance directly related to his or her service on\nsuch community school board; or\n (2) conviction of a crime, if such crime is directly related to his or\nher service upon such community school board.\n 5. Each registered voter shall vote at such polling place within his\nor her community district as shall be designated by the board of\nelections in the city of New York or may vote as a registered parent\nvoter, but not both. Each person voting as a registered parent shall\nvote at such polling place within the community district in which his or\nher child is attending school as shall be designated by the board of\nelections in the city of New York. In the event a parent has children\nattending school in different community districts, the parent may vote\nat either polling place designated for each of the community districts\nby the board of elections, but not both. The polls of such elections\nshall be open between the hours of six o'clock in the forenoon and nine\no'clock in the evening on the days of elections.\n 6. Applicability of the election law. (a) The provisions of the\nelection law with respect to registration of voters, nomination of\ncandidates, declination of nominations, filling of vacancies in\nnominations, notices to candidates, objections to petitions, rulings\nthereon, judicial proceedings, campaign receipts and expenditures,\nconduct of the election, including the use of voting machines, counting\nand canvassing of votes, and all other matters so far as applicable\nshall govern the election of community board members; provided, however,\nthat:\n (1) candidates for community board member shall be nominated by\npetitions in accordance with regulations, not inconsistent with the\nprovisions of this article, promulgated by the board of elections in the\ncity of New York. Such petitions shall be filed with the board of\nelections at least four weeks before the election;\n (2) nominating petitions shall be signed by not fewer than two hundred\nregistered voters residing in such community district, or persons\neligible to vote as registered parents in such community district;\n (3) each candidate shall be nominated by a separate petition and no\nelector shall sign more than one such petition. Should an elector sign\nmore than one such petition, his or her signature shall be void except\nupon the petition first signed;\n (4) no candidate shall be identified by political party or other\norganizational affiliation on the nominating petitions or the ballot;\n (5) certification of acceptance or declination are not required to be\nacknowledged; and\n (6) the order of the names of candidates on the ballot shall be\ndetermined in the same manner as the order of names of candidates in a\nprimary election.\n (b) Notwithstanding the provisions of section 14-102 of the election\nlaw to the contrary, all receipts and contributions received by a\ncandidate for community board or a political committee on behalf of a\ncandidate for community board from any one contributor must be\nspecifically accounted for by separate items in such candidate's or\ncommittee's financial disclosure statement.\n (c) At each election, any candidate for community board member shall\nbe entitled to exercise all the rights granted by section 8-500 of the\nelection law to a political party or independent body in regard to the\nappointment of watchers and challengers for the polls.\n (d) Any public hearing held by the board of elections or the city\nboard with respect to the community school board elections or to\ncandidates for community boards must be stenographically transcribed or\nrecorded in another manner and such transcripts or written records of\nsuch recordings must be made available for public inspection at the\noffices of the city board and the board of elections.\n (e) Any decision rendered by the board of elections or the city board\nwith respect to candidates for community boards must be written and made\navailable for public inspection within seven days of its issuance at the\noffices of the city board and the board of elections. Such written\ndecision shall include the factual and legal basis for its issuance and\na record of the vote of each board member or commissioner of elections\nwho participated in the decision.\n 7. The members of each community board shall be elected by\nproportional representation in accordance with the following rules:\n (1) Paper ballots. Community board members shall be voted for, in\naccordance with the instructions provided in paragraph three, on paper\nballots on which the candidates are listed by name only. The ballots\nshall conform to the provisions of the election law for paper ballots,\nso far as applicable, except as to size and as hereinafter provided. The\nballots shall contain a square for voting before each candidate's name.\n (2) Order of names on ballot. The names of the candidates shall be\nprinted in the alphabetical order of their surnames, except that they\nshall be rotated by polling places by transposing the first named\ncandidate to the bottom of the order at each succeeding polling place;\nso that each name shall appear first and in each other position in an\nequal number, as nearly as possible, of the polling places.\n (3) Instructions to voters. There shall be no indication on the ballot\nof a definite number of candidates to be voted for. The instructions to\nvoters shall read as follows:\n INSTRUCTIONS\n Mark Your Choices with NUMBERS Only.\n (Do NOT use X Marks.)\n Put the number 1 in the square opposite the name of your first choice.\n Put the number 2 opposite your second choice, the number 3 opposite\nyour third choice, and so on. You may mark as many choices as you\nplease.\n Do not put the same number opposite more than one name.\n To vote for a person whose name is not printed on this ballot, write\nhis name on a blank line under the names of the candidates and put a\nnumber in the square opposite to show which choice you wish to give him.\n If you tear or deface or wrongly mark this ballot, draw lines across\nits face to prevent its being used, return it and obtain another.\n (4) Central count. Prior to every election at which community board\nmembers are to be elected, the board of elections shall designate a\ncentral counting place for each community district where the ballots\nshall be brought together and counted publicly; shall appoint for each\ncentral counting place a board of two competent persons, to act as\ndirectors of the count for such counting place; shall employ a\nsufficient staff of assistants for each counting place, and shall make\nsuitable arrangements for the counting and recording of the ballots,\nsubject to the provisions of this article. If the board of elections and\nthe city board determine it to be feasible and desirable, the board of\nelections may provide for the counting of the ballots by any combination\nof electronic, mechanical or other devices to carry out the provisions\nof this section. The board of elections shall prepare and provide all\nnecessary forms and equipment.\n (5) Assembling ballots. As soon as the polls have closed, the election\nofficials assigned by the board of elections at each polling place shall\nseal the ballot boxes without opening them and shall send them at once,\nas the board of elections may direct, to the central counting place for\nthe district with a record of the number of ballots for community board\nmember which have been voted in their polling place.\n (6) Checking number of ballots. At the central counting place the\nnumber of ballots for community board member found in each ballot box\nshall be recorded and compared with the record sent from the\ncorresponding polling place. The records thus compared shall be made\navailable to the public with notations explaining any corrections or\nchanges made therein. Discrepancies which cannot be reconciled shall be\nshown on the record. All ballots found in the ballot boxes which bear no\nevidence of having been improperly cast shall be accepted.\n (7) Sorting of ballots. Ballots shall be sorted by polling places in\nan order determined by lot.\n (8) Rules for validity. If a ballot does not clearly show which\ncandidate the voter prefers to all others or if it contains the\nsignature of the voter, it shall be held as invalid. Every ballot not\nthus invalid shall be counted according to the intent of the voter so\nfar as that can be clearly ascertained, whether marked according to the\ninstructions printed on it or not. No ballot shall be held invalid\nbecause it is marked in ink or pencil different from the one supplied at\nthe polling place, or because the names of candidates thereon have been\nstricken out by the voter. Any cross mark or check mark shall be\ndisregarded, except that a single cross mark or check mark on a ballot\non which no number one appears shall be considered equivalent to the\nnumber one. If the consecutive numerical order of the numbers on a\nballot is broken by the omission of one or more numbers, the smallest\nnumber marked shall be taken to indicate the voter's first choice, the\nnext smallest his second, and so on, without regard to the number or\nnumbers omitted.\n (9) Count of first choices. At the beginning of the count for each\ndistrict the ballots shall be sorted and counted according to the first\nchoices marked on them. The ballots shall be so credited to the\ncandidates of their choice in the order of polling places chosen by lot\nas specified in paragraph seven of this subdivision. The number of valid\nballots cast for each candidate as first choice in each polling place\nand the total number of valid ballots for each candidate and for all\ncandidates shall be determined and recorded.\n (10) Single transferable vote. Each candidate shall be credited with\none vote for every ballot that is sorted to him as first choice or\ntransferred to him as hereinafter provided, and no ballot shall ever be\ncredited to more than one candidate at the same time.\n (11) Quota sufficient to elect. The quota of votes sufficient to elect\na community board member shall be determined by dividing the total\nnumber of valid ballots cast in the community district by one more than\nthe number of members to be elected for the district and adding one to\nthe result, disregarding fractions. This is the smallest number of\nballots which could be received separately by each of as many candidates\nas are to be elected but not by one more.\n (12) Election of candidates with quotas. All candidates whose\nfirst-choice ballots equal or exceed the quota shall be declared\nelected.\n (13) Transfer of surplus ballots. All of the surplus ballots in excess\nof the quota of each candidate so elected shall be transferred from him,\neach to the unelected candidate indicated on it as next choice among\nsuch candidates. The ballots to be so transferred as surplus ballots\nshall be those last received by the candidate in the count of first\nchoices which show a clear next choice for an unelected candidate. All\nballots which show no such clear next choice shall be left to the credit\nof the candidate of their first choice. If more than one candidate has\nfirst-choice ballots in excess of the quota, the surplus ballots of the\ncandidate with most ballots shall be transferred first, then those of\nthe candidate with next most ballots, and so on.\n (14) Election of candidates during transfers. Whenever during any\ntransfer of ballots, at any stage of the counting, the number of ballots\ncredited to a candidate becomes equal to the quota, he shall be declared\nelected and no ballots in excess of the quota shall be transferred to\nhim. Any transferred ballots in excess of the quota which show a next\nchoice for such candidate shall be transferred further at once, each to\nthe next subsequent choice on it for a continuing candidate. A\n"continuing candidate" is a candidate not yet elected or defeated. If\nsuch a ballot shows no such further choice, it shall be set aside as\n"exhausted".\n (15) Defeat of lowest candidates. After the count of first choices and\nthe transfer of all surplus ballots, if any, the candidates having\nfewest votes to their credit shall be successively defeated and their\nballots transferred as hereinafter provided. The one candidate with the\nfewest votes shall be declared defeated first. If at this point, two or\nmore of the candidates with the next fewest votes, including any such\ncandidates whose names have been written in, have together fewer votes\nthan the candidate next higher in number of votes, they may all be\ndeclared defeated together unless this would reduce the number of\nundefeated candidates below the number to be elected.\n (16) Transfer of ballots from defeated candidates. All the ballots of\nthe candidates thus defeated shall be transferred, each to the candidate\nindicated on it as next choice among the continuing candidates. If a\nballot shows no such further choice, it shall be set aside as exhausted.\nIf the same choice is marked for more than one candidate, it shall be\ndisregarded except as to continuing candidates, but if the next choice\nfor a continuing candidate is marked for more than one continuing\ncandidate, the ballots shall be set aside as exhausted.\n (17) Defeat of candidate then lowest. When all the ballots of the\ncandidate or candidates first defeated have been transferred, the one\ncandidate who is then lowest on the poll shall be declared defeated and\nall his ballots transferred in the same way.\n (18) Successive defeats and transfers of ballots. Thereupon the\ncandidate who is then lowest on the poll shall be declared defeated and\nall his ballots similarly transferred. The lowest candidates shall be\ndeclared defeated one at a time and all their ballots transferred until\nthe election is at an end as hereinafter provided.\n (19) Order of transfer. When ballots are being transferred from\ndefeated candidates, they shall be transferred in the reverse order to\nthat in which they were credited to the candidate whose ballots are\nbeing transferred, except that if no quota can possibly be completed for\nanother candidate during the transfer they may be transferred in any\norder.\n (20) Ties. In deciding any tie a candidate shall be treated as having\nmore votes than another if he was credited with more votes at the end of\nthe last preceding transfer or sorting of ballots at which the numbers\nof their votes were different. Any tie not thus decided shall be decided\nby lot.\n (21) Election ended when all quotas are completed. If at any time as\nmany candidates as are to be elected have received the quota, the other\ncandidates shall all be declared defeated and the election shall be at\nan end. Any transfer that is in progress when the last candidate is\nelected may be completed for the record.\n (22) Last candidates elected even if quotas are not completed. If at\nany time all ballots of any defeated candidates have been transferred\nand it is impossible to defeat another candidate without reducing the\ncontinuing candidates below the number still to be elected, all the\ncontinuing candidates shall be declared elected and the election shall\nbe at an end.\n (23) Correction of errors. If at any time after the first sorting of\nthe ballots a ballot is found to have been misplaced, it shall be\ncredited to the candidate who should have been credited with it at that\nstage of the counting or set aside as exhausted if that would have been\nthe proper disposition of it at that stage, and any changes in the\ndisposition of the ballots composing completed quotas made necessary by\nthe correction shall also be made forthwith. If the number of misplaced\nballots found indicates that the list of continuing candidates may be\nincorrect, so much of the sorting and counting as may be required to\ncorrect the error shall be done over again before the count proceeds.\n (24) Record of count. A record of the count shall be kept in such form\nas to show, after each sorting or transfer of ballots, the number\nthereby credited to each candidate, the number thereby found exhausted,\nthe total for each candidate, the total found exhausted, and the total\nnumber of valid ballots found by adding the totals of all candidates and\nthe total found exhausted.\n (25) Record and disposition of ballots. Every ballot that is\ntransferred from one candidate to another shall be stamped or marked so\nas to show all the candidates to whom it is successively credited during\nthe entire course of the count. If in correcting an error, or in\nrecounting ballots, any ballots are re-sorted or re-transferred, every\nsuch ballot shall be made to take the same course that it took in the\noriginal count unless the correction of an error requires its taking a\ndifferent course.\n (26) Ineligible candidates. If a candidate dies or is officially\ndetermined to be ineligible before the counting of the ballots is\ncompleted, all choices for such candidate shall be disregarded and every\nballot which would otherwise have been counted for him shall be counted\nfor the next choice thereon, if any, instead.\n (27) Public attendance at count. The candidates, representatives of\nthe press and other media and, so far as may be consistent with good\norder and convenience, the public shall be afforded every facility for\nbeing present and witnessing the count.\n (28) Supplementary regulations. Administrative regulations for the\nconduct of elections by proportional representation, not inconsistent\nwith the provisions of this article may be made by the city board and,\nsubject to any such regulation, by the board of elections in the city of\nNew York.\n ** 7. Method of election. The members of each community board shall be\nelected in accordance with the following rules of limited voting:\n (a) Community board members shall be voted for on voting machines, in\naccordance with the provisions of title two of article seven of the\nelection law.\n (b) Order of names on ballot. The names of the candidates shall be\nprinted in the alphabetical order of their surnames, except that they\nshall be rotated by polling places by transposing the first named\ncandidate to the bottom of the order at each succeeding polling place so\nthat each name shall appear first and in each other position in an equal\nnumber, as nearly as possible, of the polling places.\n (c) Vote casting. Each voter is entitled to cast one vote for each\ncandidate to a maximum of four votes. No voter may cast more than one\nvote for any one candidate.\n (d) Election of candidates. The nine candidates receiving the greatest\nnumber or votes when ballots are counted in accordance with the\nprovisions of article nine of the election law shall be elected.\n (e) Ties. In the event that more eligible persons than the number\nremaining to be elected receive an equal number of votes, on notice to\nthe persons receiving the same number of votes, the board of elections\nin the city of New York shall determine by lot which of those persons is\nelected.\n (f) Supplementary regulations. Administrative regulations for the\nconduct of elections by limited voting, not inconsistent with the\nprovisions of this article, may be made by the board of elections in the\ncity of New York, in consultation with the city board.\n ** NB The amendments to subdivision 7 made by chapter 149 of the laws\nof 1998, although signed into law by the Governor on July 2, 1998, are\nnot operative until precleared by the Department of Justice, which has\nnot yet occurred.\n 8. (a) In addition to the conditions enumerated in the public officers\nlaw creating a vacancy, a member of a community board who refuses or\nneglects to attend three meetings of his board of which he is duly\nnotified, without rendering in writing a good and valid excuse therefor\nvacates his office by refusal to serve. Each absence and any written\nexcuse rendered shall be included within the official written minutes of\nsuch meeting. After the third unexcused absence the board shall declare\na vacancy and certify the existence of the vacancy to the chancellor.\n (b) Vacancies shall be filled for the unexpired term by the community\nboard after consultation with the presidents' council or other\nconsultative body representing parents' associations and other\neducational groups within the district. Recommendations made by such\nparents and other educational groups shall be submitted in writing and\nincluded within the record of the meeting at which the vacancy is\nfilled.\n (c) If the vacancy is not filled by the board within sixty days after\nit is declared due to a tie vote for such appointment, the chancellor\nshall vote with the community board, to break such tie vote. If the\nboard has failed to fill the vacancy within sixty days after it is\ndeclared because of any other reason, the chancellor shall order the\nboard to do so pursuant to section twenty-five hundred ninety-l of this\nchapter.\n 9. Public information and education. (a) Each community board shall\nprepare and submit to the city board monthly a performance report. The\ninformation provided shall include community board members' attendance\nrecords; participation in community board committees and other community\nboard activities; visits to schools; and voting records on major issues\nbefore the community board.\n (b) The city board shall review and consolidate the performance\nreports into one comprehensive city district-wide report, which shall be\ndisseminated to the community and the media semiannually.\n 10. Polling place procedures. The board of elections shall provide at\nthe locations designated as polling places on the days of the community\nboard elections, sufficient employees who have received formal training\nregarding the conduct of community board elections, including the\nprocedures applicable to parent voters. The board of elections of the\ncity of New York shall provide polling place employees who speak other\nlanguages as required by law.\n 11. Distribution of information/media. Beginning in October of the\nschool year in which the community school election will take place, and\ncontinuing until the date of election, the city board shall ensure the\ndistribution of voter guides to parents in addition to information\nregarding community board roles, functions, and activities, including\nupcoming elections, voter registration, candidate information, and the\nnature of the election process to parents and to the general public\nthrough city-wide and local media. The city board and the board of\nelections of the city of New York should use foreign language and ethnic\nnewspapers and television stations to maximize minority participation in\nthe electoral process.\n 12. Definition. For the purposes of this section, the term "parent of\na child" shall include a parent of a child with a disability, as defined\nin article eighty-nine of this chapter.\n * NB Revived June 30, 2026\n