Elections

As a private not-for-profit corporation, an association library can engage in public advocacy on ballot measures such as a budget referendum, including telling voters to “Vote Yes.” However, association libraries that have 501(c)(3) tax-exempt status or otherwise accept tax-deductible donations cannot support or oppose political candidates, which the IRS considers to be prohibited “political activity.”

These conditions also apply to a “Friends of the Library” group. Friends of the Library can lead a Vote Yes campaign for a budget referendum, but they cannot support or oppose political candidates, including a library trustee candidate on the same ballot as a budget referendum.

Friends of the Library and association libraries that have 501(c)(3) status must be careful not to make advocacy a substantial part of their activities. A helpful rule of thumb derived from Section 501(h) of the Internal Revenue Code is that a small not-for-profit corporation should spend no more than 20% of its revenue on advocacy, such as campaigning for a ballot measure or lobbying elected officials.

Of course, a library receiving taxpayer money and then telling people how to vote could raise objections from the public, even though such conduct is legal. For this reason, it’s wise to address this issue as part of a carefully planned and visible Vote Yes campaign. Here’s a sample FAQ that an association library in this situation could post on its website and social media.

Can a library really ask people to vote “yes”? 

Yes, it can. As an association library, the [NAME] Library is a private not-for-profit corporation, not a government entity. 

Doesn’t the Library receive taxpayer funding?

Yes, it does, and the Library is fortunate to receive that support. Many not-for-profit corporations receive public funds—that does not make them government agencies or prohibit them from engaging in public advocacy.

Why is the Library telling me how I should vote?

The Library’s Board of Trustees voted in favor of requesting additional funding to maintain and improve the valuable services that the Library provides to our community. In furtherance of its mission to provide information access, educational services, and community resources, the Library is conducting a public awareness and advocacy campaign that informs our community about the benefits of the proposed budget and encourages voters to vote “yes.”

Can I help?

Yes, the Library is gratefully accepting help and coordinating with advocates and professionals who share our vision for a bigger, brighter, and future-focused library. Please contact [NAME] at [CONTACT INFORMATION] to offer assistance!

An association library can also contract a marketing firm or public relations professional to handle this delicate work. Good luck out there in the arena of civic participation and thank you for an important question!

WARNING! This answer applies only to school district public libraries.[1]

In addition: Caveat…[2] this answer will apply differently to different school district public libraries.

As fans of library law know,[3] school district public libraries have their own special subsections of New York State Education Law Section 260 regarding election of trustees and occasionally have to follow the practices of their sponsoring district.

The subsection relevant to this question is (8), which provides:

Candidates for the office of trustee of a public library established and supported by a school district shall be nominated by petition which shall meet the requirements of subdivision a of section two thousand eighteen of this chapter, except that such candidates shall be elected in the manner specified in subdivision b of such section except that the nominating petition filed pursuant to subdivision a or b of such section shall be signed by a least twenty-five qualified voters of the library district, or two percent of the voters who voted in the last previous annual election of members of the library board of trustees, whichever is greater. The provisions of this subdivision shall not apply to a charter granted prior to April thirtieth, nineteen hundred seventy-one that provides for a different procedure. [emphasis added]

Because of the clause in bold, when I get a question like the one above, I first ask if the Library was chartered before April 14, 1971. If it was, I check to see if the charter says something else about the method of electing trustees.[4] If it does, we follow what the charter says.

Presuming a library’s charter doesn’t pre-date President Nixon’s ending of the blockade of China[5] and provide for another process, I then look to the relevant law, which is “subdivision a of section two thousand eighteen of this chapter.” This section requires:

Each petition shall be filed in the office of the clerk of the district between the hours of nine a.m. and five p.m., not later than the thirtieth day preceding the school meeting or election at which the candidates nominated are to be elected. No person shall be nominated by petition for more than one separate office.

Which brings us to the member’s question: what if the “thirtieth day” falls on a Sunday?

Although there is no statute or case law on this point regarding a school district public library, the New York State Education Commissioner wrote in Decision No. 17238 that the state’s “General Construction Law” provides:[6]

§ 25-a. Public holiday, Saturday or Sunday in statutes; extension of time where performance of act is due on Saturday, Sunday or public holiday

1. When any period of time, computed from a certain day, within which or after which or before which an act is authorized or required to be done, ends on a Saturday, Sunday or a public holiday, such act may be done on the next succeeding business day and if the period ends at a specified hour, such act may be done at or before the same hour of such next succeeding business day…

So, there you have it! The due date will be the next business day (which could be a Tuesday, if the Monday after the Sunday is also a holiday).

That said, even if this all checks out for you, it is wise to confirm this with the school district—especially if the district is conducting your library’s elections.

If you would like to memorize a summary of this answer to dazzle people at board meetings, here it is:

Barring a charter provision providing otherwise, if the deadline for nominating petitions for school district public library candidates falls on a Sunday, petitions are due the next business day, as provided by General Construction Law Section 25-a.

Thank you for a great question!

Early mail ballots are required in most school district elections by the 2023 “New York Early Mail Voting Act” that went into effect January 1, 2024.[1]

While the Early Mail Voting Act[2] created important new ways to vote, it does not directly apply to libraries, except to specify that school districts holding library trustee elections and library budget votes must follow it.[3]

So, we aren’t going to spend too much time on the Early Mail Voting Act.[4]

Instead, we must enter the winding labyrinth of Education Law Section 260, which (among many other things) empowers school district public library trustees to host their own election and budget votes.

As we enter the labyrinth of Education Law 260, be careful!

Don’t be districted by subsection “3” (regarding joint town libraries... a fascinating chimera).

Don’t be lured from the path by subsection “5” (requiring that library boards to meet at least quarterly).[5]

And DON’T fall under the hypnotic gaze of subsection “6” (authorizing libraries to make annual contributions to the New York Library Association).[6]

Instead, cast your eyes upon glorious subsection “11,” which requires that school district public libraries must “establish, notice, and conduct” elections and budget votes (and re-votes) “in the same manner” as their school districts.

EXCEPT!

“... that the meeting need not, in the discretion of the board of trustees of the library, be held in separate election districts in those school districts where election districts have been established by the board of education.”

In other words: the school district library, when conducting a vote, must “establish, notice, and conduct” the process in the same manner as their district, except they don't have to use more than one polling location.[7]

It is possible that when the Early Mail Voting[8] Act was passed, the authors of the bill did not explore the winding labyrinth of Education Law 260.[9] However, the existence of an exception in Education Law 260 (not having to conduct the vote in separate districts, even if the district does) tells me that in all other aspects, a school district library must “establish, notice, and conduct” its elections and budget votes (and re-votes) “in the same manner” as its district... including use of absentee ballots and early voting.

There is no authority, case law, or indication in the supporting documentation of the Early Mail Voting[10] Act bill that contradicts this.

Which means that if the district is facilitating early voting, the library should, too. With so much at stake (trustee elections, budgets, etc.), until clear authority says otherwise, it would be unwise to do anything else.

So, to answer the first question: all signs indicate the comment was not correct (which means I won't answer the second question).

If enough school district public libraries find sending out early mail-in ballots too burdensome, a change to Education Law Section 260(8), adding “Early Mail Voting”[11] to the listed exceptions, should be explored. The current exception to having to do what the district does—not having to use separate polling stations—was likely for the sake of economy, so this could be, too.[12]

Thank you for a great question!

In legalese, this question is: Does the Early Mail Voting Act apply to special legislative district libraries?

The answer is: NO.

The Early Mail Voting Act applies to elections conducted by the following entities:

• County Boards of Elections (Election Law Section 8-700)
• New York City (City Charter Section 1053)
• School Districts (Education Law)
• Special Elections by Towns and Villages (Town Law, Village Law)

By including County Boards of Elections and New York City, the Early Mail Voting Act covered all municipal entities, so municipal library votes conducted by a municipality are covered.[1]

By including school districts, the Early Mail Voting Act indirectly covered school district public libraries, because they must conduct their proceedings in the same manner as their school district. So, school district public library votes are (mostly) covered.[2]

Notably, the Early Mail Voting Act did NOT include language covering other public libraries conducting their own elections and budget votes.[3]

This means that a special district public library conducting an election and/or budget vote does not have to offer early mail voting unless its enabling legislation requires it.

Every special legislative district library will have to check its legislation on that, because every special legislative district library is different. Hopefully, that check will calm all concerns, because most enabling legislation has something like this:

Section 2. Election.

1. The trustees of the existing [name] library shall give notice of such election by the publication of a notice in one or more newspapers having a general circulation in the district to be served [and the vote shall be conducted at the library and counted]…
2. In the event that the district is created, there shall be an annual election conducted by the board of trustees of the [name] library district in accordance with the provisions of subdivision one of this section, at a time to be set by the board…

This typical language contains no mention of absentee ballots, early voting, or early mail voting, and—just as important—no requirement that the process follow the Election Law. Instead, the process set out (generally requiring one day of voting at the library) must simply be replicated, year after year.

So, special legislative district libraries, to be 100% certain, check your enabling legislation, but chances are you don’t have to offer early mail voting.

How can a library explain this to a public that might expect to have the early mail voting option?

As the member points out, communication with the voters is key.

A special legislative district public library is wise to have a written policy governing elections and voting. This policy can ensure that every aspect of the enabling legislation’s requirements is followed and can also help explain to the public why the process isn’t the same as voting in a municipal or school election.

The policy can then be used to develop a plain-language explanation to voters. For example:

The process for election of trustees and approval of the library’s tax levy is set by special state legislation that required votes be conducted by the Library. Because our legislation doesn’t provide for it, we cannot offer [absentee ballots, early voting, or early mail voting].

If you have an accessibility concern about reaching the Library on the day of the vote, please contact the Library at least three days prior, and we will arrange accommodations in advance.

You may hear of other libraries offering early mail voting. This is because different types of libraries have to follow different rules! If you have suggestions for improvements to our voting process, please send them to INSERT. A copy of the legislation governing our process is here.[4]

It is important for the public to know that you have done enough!

Thank you for a thoughtful question.

School district libraries are one of the 5 “types” of public library (the others are: association, Indian, municipal, and special district).[1]

Each type of public library can be supported by a tax levy approved by the voters of a school district, but at school district public libraries, the voters also elect the library trustees.

Unlike the other library types, the law gives school district public libraries a lot of authority to determine how these votes are conducted. A school district library board[2] can decide to hold its own election and referendum, or, if the library board decides not to do so, the district must include the vote as part its annual meeting (the library items are part of a separate ballot).[3]

A school district public library board can also decide to hold a re-vote if a budget referendum fails (no matter who conducts it).[4]

This flexibility under the law gives school district public libraries a dazzling array of tactical options:

• Conduct their votes before their school district does (but after April 1);
• Use the option to have their school district hold the vote(s) as part of the district’s annual meeting;
• Conduct their election and referendum after their school district does (but before July 1);
• Keep in mind the option to re-submit a budget in the event of defeat.

There are countless motives for choosing any of the above models.

For a school district public library board and school district that are tightly aligned, the most economically efficient option might be to do everything together.[5]

That said, many school districts politely ask (they can’t require) a school district public library to hold a separate process, because they don’t want the voters to confuse the library budget with a school district money-grab. There can also be concerns about confusion as to who is running for which board.[6]

On the flip side, a school district public library may want to separate itself a bit from its district… or not. Every district and library are different, and of course, these factors will change over time.

So, to reiterate the question: Can a school require the library to be part of its budget vote if the library desires to be separate from it? No—in fact, it is the school district public library who can “require” the school district to hold the vote.

Ideally, there is no “requiring” going on. Within the framework of the Education Law, a school district library board and school board should have a solid working relationship to identify the best approach for the library, the school system, and most critically, the people in the served area. A memorandum of understanding or other recital about how the two boards discuss elections in advance is a good idea, since leadership will change over time, and there are many pressures on the process.

Thank you for an important question.

There are five types of people I imagine avidly reading this answer:

1. Leaders of school district public libraries;
2. Leaders of school districts with a school district public library;
3. Attorneys serving such leaders;
4. Journalists assigned to the rough-and-tumble school district election beat;[1] and
5. Library nerds.[2]

Considering the audience, I will answer the questions plainly and thoroughly.

But first, some background.

When it comes to elections and voting, a school district public library has several paths it can take:

• It can hold its own election and initial budget vote or have its district hold the election and initial budget vote;
• If a budget is defeated, it can conduct a re-vote (there is no option to force the district to hold a re-vote); and
• It can have its district conduct a vote to provide land and/or issue bonds for acquisition and construction of library facilities (the library cannot hold this vote itself).

This answer is not going to map out all of those paths, because that would turn this answer into a manual (and there’s already a manual[3]). We’re just going to answer the member’s questions as they relate to the paths.

Is there an entity that has oversight of our elections?

For school district public libraries, the ultimate decision-maker regarding contested elections and school district budget votes is the New York State Commissioner of Education.[4]

Where can we direct questions from the public to receive solid answers?

There are three resources to refer people to.

The first is the excellent body of searchable decisions by the Commissioner of Education.[5] People with questions should check this searchable resource to see if their questions have already been addressed by the Commissioner.

The second is the New York State Education Department (NYSED) “Formal Opinions of Counsel.”[6] In this resource, the NYSED Office of Counsel answers questions submitted (ideally before there is a dispute requiring a decision by the Commissioner).

The most recent “Opinion of Counsel,” issued on October 16, 2024, shows the minute and exacting level of detail that NYSED lawyers are willing to provide guidance on:

Given the board’s interpretation, I find that it would be anomalous to impose a notarization requirement for school board elections. As such, voters who complete affidavit ballots in a school election cannot be required to have their signatures notarized. Any Departmental guidance to the contrary should no longer be relied upon.

Be warned that this is not the most easily searched resource, so if you’re a librarian, be ready to help people seeking these kinds of answers.

The third resource is through writing to the NYSED Office of Counsel at legal@nysed.gov to ask a question. As you can tell by the above quotation, they don’t mind getting into the weeds, so don’t be afraid to ask questions!

A big part of the reason people will have questions (and maybe even concerns) is because one school district public library may do something different from another. This brings us to the next question:

Is [what is required] different for different types of school districts and associated school district public libraries?

Yes. As provided by Education Law Article 41, different district types have different elections requirements, and as required by Education Law Section 260(2), school district public libraries must handle elections and vote “in the same manner” as their district.[7] This means the practice will vary from district to district.

So, when a school district public library is conducting a vote, who is responsible for compliance? As the member asked: Is it the School District Chief Elections Inspector?

Not necessarily. If the library opts to conduct its own election and initial budget vote, or a re-vote, the library must appoint inspectors to oversee compliance, just like the school board of their district does. This obligation includes conducting, calculating, and keeping the records of the votes as required by the law that pertains to the district.

This is why many school district public libraries simply defer to their districts. There are a lot of compliance obligations for libraries that conduct their own vote.

That said, the reward of developing a compliant procedure and conducting a vote that is separate from that of the school district may be worth it, especially in places where the school budget is contentious and the library budget is less so.[8]

School district public libraries that conduct their own votes should periodically ensure that their procedures match what is being done by their school district. Further, such libraries should have written procedures setting out their process for assessing petitions and conducting, certifying, and keeping the record of votes. Finally, the procedures should be reviewed from time to time by a lawyer, who should provide the board with a written assurance of compliance.

Thank you for a thoughtful array of questions! School district boards, school district library boards, their attorneys, and reporters on the school district election beat will hopefully find this to be a good starting place for confirming what is required.

As a prelude, readers may want to take a look at an earlier COVID-19-era “Ask the Lawyer” about library elections postposed per Executive Order 202.12, which ends with this promise:

“If and when we get an update or “further directives,” we’ll post any update to this answer.”

As you can see, it took a few weeks, but we got those “further directives” on Friday, May 1, 2020,[1] in Executive Order 202.26.

Libraries don’t miss much.  On Monday[2] May 4^th, we also got the above follow-up question.

So here is the promised update, and my answer to a conundrum like the one this “further direction” creates for the asking library.

But first…

If there is one thing providing this service to hundreds of libraries has taught me, it’s that running a library is hard.  And running a public library comes with an overlay of regulations and community politics that makes a hard job harder.

So for those libraries out there finding that this issue of rescheduled budgets and elections is making a hard job harder, I say: yes, it is.  The strain on your communities, staff, and leadership is growing every day, and it’s important to acknowledge that. 

Sometime, in the pressure of the moment, it can be hard to say that.  So, for libraries seeking a default way to unite and raise the spirits of your staff, leadership, and allies in information and community service, I suggest the following “2020 NY Libraries Chanty.”[3] Gather your board,[4] staff, and/or supporters on a Zoom call, or a teleconference, have them all face the direction of the library (this is important, even if you can’t see each other!), and recite:

It’s 2020. 

The books are still here. 

People still need us. 

These challenges are hard,

but we got this.

You can also add your own custom lyrics, like:

Located in a sunny glen

New Hartford Library faces ahead

Times are hard, the Town is strong

We’ll do yoga[5] here again ere long.

The importance of simple, affirmative, repeated affirmations like a chanty--or simply repeating a mission statement at the beginning and end of a meeting--can’t be over-stated--especially at this time. 

Further, since the notion of “normal” is starting to shift, it is vital that the slowly materializing “new normal” be infused with a united vision of a strong, community-focused, mission-forward library. 

This can be easy to overlook in the midst of emergency budget meetings and communicating about emergency closure.  A simple song or phrase, regularly repeated, can be a key component in buoying spirits and plotting a course for the future.

(And if you do craft a custom message, have a contest, because I bet your local youth can come up with better verses than I can.)

Okay, with the light verse out of the way, here is the hard stuff:

Timing of a School District Library Election

As you may recall, Executive Order 202.12 stated:

Any school board, library board, or village election scheduled to take place in April or May of 2020 is hereby postponed until at least June 1, 2020, and subject to further directive as to the timing, location or manner of voting for such elections.

So what does 202.26’s “further directive” do?  First, it expands on the impacted elections (seemingly including ALL of them, not just those set for May or June, as in 202.12), and as the member writes, seems to give only two timing options for conducting your votes.

This timing is found near the end of the Order, which states through May 31, 2020:

Any district or special district, including, but not limited to fire, library, sewer, or water, that conducts an election and/or budget vote shall be rescheduled to September 15, 2020 and collection of signatures for nominating petitions is hereby suspended until further notice, subject to a process determined by a future Executive Order; provided however, a library district may conduct an election on June 9, 2020 pursuant to this Executive Order if such election is managed by a school district.

However, a careful reading of the context of above-excerpted language[6] shows that those particular bullet of 202.26 only applies to “through May 31,” and that it pertains to “any district or special district” library.

In the meantime, earlier in this voluminous Executive Order (nine bullets deep), it states:

…[P]ublic libraries established and supported by a school district [may] re-notice an election noticed pursuant to this section. Such election and/or budget vote shall be conducted via absentee ballot in conjunction with the school district’s rescheduled absentee ballot process or independently using the guidelines created for the school district’s absentee ballot process. Such a vote may be managed by the school district or the library, at the library’s request.

If you had eight cups of coffee the day you read it, you may recall that in the answer discussing EO 202.12, we discussed that the EO did not impact all school district library elections, since by law, those have to happen before July 1, and 202.12 only covered elections through May.

This detail now comes roaring back into relief as we dissect EO 202.26.  Upon a close analysis, it can be seen that this Order gives school district public libraries more latitude than district and special district libraries, in paragraphs such as:

Sections 259 and 260 of the Education Law are hereby modified for any library election held on or before July 1, 2020, to eliminate any requirement for an application to access an absentee ballot, and each such eligible voter shall be mailed an absentee ballot with a postage paid return envelope.

If school district public library votes limited to the June 9/September 15 options open to district and special district libraries, this bullet about “any” election before July 1 would be unnecessary.

What does this mean?  Well, as the Order says:

Such election and/or budget vote shall be conducted via absentee ballot in conjunction with the school district’s rescheduled absentee ballot process or independently using the guidelines created for the school district’s absentee ballot process.

Remember, both EO 202.12 and 202.26 modify Section 260 of the Education law, which (among other things) creates special rules for election and votes pertaining to school district public libraries. 

Section 260 provides:

7. The board of trustees of a public library established and supported by a school district shall, in addition to powers conferred by this or any other chapter, be authorized in its discretion to call, give notice of and conduct a special district meeting for the purpose of electing library trustees and of submitting initially a resolution in accordance with the provisions of subdivision one of section two hundred fifty-nine of this chapter. Such meeting shall be held prior to the first day of July but subsequent to the first day of April. Should the board of trustees of the library determine, in its discretion, not to notice and conduct such a meeting, then the election and budget vote will be noticed and conducted by the board of education of the school district as part of its annual meeting.

EO 202.12 did postpone any elections set for April or May (not June!), but left many details about petitions, notice, and voting for “further directive.” 

EO 202.26 now gives those further directions, and modifies Section 206 further to require a vote to happen either

…in conjunction with the school district’s rescheduled absentee ballot process or independently using the guidelines created for the school district’s absentee ballot process.

Further, the EO honors the autonomy of a school district public library by providing:

Such a vote may be managed by the school district or the library, at the library’s request.

What does this mean for a school district public library? 

First, they must work with their sponsoring district to obtain a copy of the guidelines developed for the absentee vote.

Second, they must decide if they have the capacity to manage the vote, or should request the district to manage it.

Third, if the library can manage it independently, they must abide by Education Law 206 and properly notice (or, as authorized, re-notice) and conduct the election and budget vote, per the guidelines adopted by their district, before July 1.

I see no provisions in Executive Order 202.26 limiting school district public library elections and budget votes to the June 9 or 15th dates. 

This might seem to be in contrast to the plain language of EO 202.26’s fourth-from-last bullet, which states: “provided however, a library district may conduct an election on June 9, 2020 pursuant to this Executive Order if such election is managed by a school district.”

However, that fourth-from-last bullet does not apply to school district public libraries—it applies to “library districts.”  Any other interpretation goes expressly against language in the ninth bullet stating that school district public libraries are expressly confirmed as having the authority to run their own election.

So unless we get an even further directive, or the state realizes they created an unintentional hole in the process here, it is clear that school district public libraries still have the authority to conduct their elections before July 1^st…so long as they abide by the guidelines developed by their district for absentee voting.

I take this position on May 5, 2020, with a great deal of confidence, but must still acknowledge that I am out on a limb. These Executive Orders are constantly being revised and clarified by subsequent Executive Orders (202.26 “clarifies” 202.23’s provision about absentee ballots in its final bullet).  So while I believe this interpretation makes sense both under the law and within the borders of the document itself, school district public libraries scheduling, noticing and conducting their elections should conduct a clear, explicit, documented discussion with their sponsoring districts to make sure they agree that this is the way to proceed.

And we should all keep our eyes open for further clarification!

Trustee Election

Executive Order 202.26 also contemplates that getting candidates’ petitions over the finish line might be a little tough this year, so in that same “ninth bullet” devoted to school district public libraries, it provides:

Furthermore, the same provisions that are made for a school board trustee’s petition shall apply to a library board trustee’s petition.

These “provisions” for trustees’ petitions are in bullets[7] seven and eight:

• Sections 2018, 2032, and 2608 of the Education Law to the extent necessary to allow candidates be listed on ballots alphabetically, and that ballots for small city school districts shall be set 30 days before the election;
• Sections 2018 and 2608 of the Education Law to the extent necessary to eliminate any minimum threshold of signatures required, provided, however, an individual must meet any other requirements necessary to be placed on the ballot, including any applicable residency and age requirements;

The member asks “since we do not currently have any petitions filed for the open seat” should they simply appoint trustees, per their bylaws, until the next election?

These are incredibly unique (and hopefully rare!) circumstances, but remember, even at this unusual time, Section 206 (7), except as modified by Executive Order, governs school district public library elections.

That law specifically states:

Should the board of trustees of the library determine, in its discretion, not to notice and conduct such a meeting, then the election and budget vote will be noticed and conducted by the board of education of the school district as part of its annual meeting. [emphasis added]

This does not appear to be an “optional” process, and no active EO has changed it.  Therefore, if a school district public library does not conduct required election, the district must. 

Resorting to a bylaws appointment or deciding not to conduct the election is not an option.

Given all that, and considering the unique circumstances for 2020—incuding the newly relaxed requirements regarding trustee petitions—I advise that before not proceeding with an election process (and thus triggering mandated school district management of one), the board coordinate the quest for trustees with its overall response to the current situation. 

In other words, just like with all trustee recruiting, this is an opportunity to promote the mission of the library, and to recruit qualified people to help in the times ahead.

Here is a template recruitment notice for such an effort, referencing the current relevant Executive Orders, which could be modified for your library, and pushed out in both local media and on social media as well as the library's website:

Greetings from the [NAME] Library. 2020 has been an extraordinary year. In addition to changing our life in many ways, it has impacted the ability of potential trustees to petition to serve on the library's board of trustees (see Governor’s Executive Order 202.12).

Trustees play a vital role in our library: defining library policy, overseeing the budget, and deciding the library’s strategic directions.

The [NAME] Library’s current election, which due to emergency circumstances and per Executive Order 202.26 will be conducted via mail-in ballot, is scheduled for a [DATE]. If you are interested in serving as a library trustee, executive order 202.26 has changed the requirements, and now no signatures are required to put your name on the ballot.

If you are interested in submitting your name for election to this position , please [INSERT LOCAL GUIDELINES].

Service on the [NAME[] Library will be essential as our community recovers from the restrictions caused by COVID-19, and the years ahead. To help us serve that need, we seek candidates who know the community, who [INSERT BYLAWS’ TRUSTEE CRITERIA] and who believe that access to information and shared services will be a vital part of our recovery and the years ahead.

A final word: just like in the last answer regarding postponed elections, I must emphasize: if you can, now is the time for your school district public library to find a local lawyer to assist with your process, just to have back-up during uncertain times. 

I am always happy to get calls from local attorneys to strategize on these issues; sometimes local circumstances can throw a curve ball at an otherwise straightforward situation…and this situation is anything but straightforward!

School district public libraries: I wish you good luck in your recruitment, your elections, and your budget votes. 

[1] A day when many of us learned our children would not be return to school for the 2020 Spring semester.  So…not quite a “day that will live in infamy,” but definitely the day my law office receptionist got a new “duty as assigned”: remote kindergarten substitute teacher.

[2] May the fourth be with you.  Especially now.

[3] A “chanty” is a song sung (usually at sea) by people doing hard work together. Don’t worry, first amendment fans, this one is completely secular!

[4] If you gather the board this way, send a notice, since the notice provisions of the Education Law and the Open Meetings Law are still in effect.

[5] My Mom’s gentle yoga class at New Hartford Town Library has been on hold.

[6] Which, if you’re reading along with the Order, is four bullets from the end…jeez, I wish they’d number these things…

[7] “Bullet” sounds so punchy.

This question is from a school district public library.  Before answering it, I called the library director who sent it in.

Why?  Well, first, I wanted to introduce myself.  When a question has a lot of nuance and potential long-term ramifications, I like the member to know the answer comes from a real human being, not just a faceless attorney in Buffalo, NY.

Second, I wanted to check in on some details.  As other school district public libraries can attest to, the minutia of elections and budget votes can get very technical—as well as personal (and sometimes passionate). Getting those details right is both an art and a science.

And finally...I'm not gonna lie. Sitting alone in my office, with my treasured staff working from home, cut off from our normal busy but generally cheery atmosphere, I might have been a tad lonely.  Although anyone who works with me will tell you that half the time I am working in an introverted and ADD-infused cloud, four weeks of pandemic isolation have taken their toll. It was nice to call the member and connect at a human level.

How did the conversation go? I'll keep that part confidential.

Let’s take a brief aside to review the “Ask the Lawyer” model.

For members who use “Ask the Lawyer,” there are often two concrete results from the submission of the question:

The most common result is a post to the “Recently Asked Questions” (“RAQ”) site, which will contain generic guidance with no identifying details, so a general assessment of the legal issue can be shared with the largest possible impacted library community.

The second result, which doesn't occur for every question (but it's still pretty frequent) is a “confidential memo” just for the member and their council.  This “confidential memo” supplements the general input with confidential legal advice, and lets us address any unique details that pertain to only that member.

This is how the 3R’s maximize the resources (legal fees) used to get the legal guidance and advice, while also enabling timely services to their members.  And as I’ve reviewed, it is also how lonely attorneys can occasionally arrange a phone call to socialize about a legal need during pandemic-imposed isolation.

So, again…how did the conversation with the member go?  As I said, it’s confidential. But let's just say, when I call a librarian, I expect some good conversation, and this member did not disappoint.

And with that, here is my generic “Recently Asked Questions” input on this situation:

The first priority in assessing any matter related to an election or budget vote is to consider any past extraordinary details—such as a previous controversy or contested procedures.  As they say in the “Music Man”: You gotta know the territory.[1]  If there has been any past issue or hostility, planning to navigate a postponed election with those sensitivities in mind is wise.

Next (and this is essential), is setting up to ensure consistent and well-communicated support about the election from leaders and stakeholders: in this case, the board, the staff, the library’s system, the local school district, and (even if the election is not in their purview) the county Board of Elections.  This includes communication about the postponement, and the re-set proceedings.

Why is this a critical step? When you're sailing into uncharted waters, it's good to sail with a fleet, and to cross-check each other’s navigation.

And finally (but critically), before making any announcements or plans, check your charter, bylaws, and date of formation.  Some libraries will have provisions in them relevant to this situation, and per sub-section 8 of Section 260 of the NY Education Law (controlling school district public library elections), a library chartered before April 30, 1971 may have a bit more leeway in these matters, as a matter of law.  Further, your library may have its own notice requirements or procedures, on top of the base-line legal requirements.

Now, as to the present circumstances, let’s parse the relevant content of Executive Order 202.12:

Circulation, filing, and collection of any designating petitions, or independent nominating petitions for any office that would otherwise be circulated or filed pursuant to the Election Law, Education Law or any other consolidated law for any office commencing March 31, 2020 are hereby postponed.

Any school board, library board, or village election scheduled to take place in April or May of 2020 is hereby postponed until at least June 1, 2020, and subject to further directive as to the timing, location or manner of voting for such elections.

As if this whole exercise isn’t going to be complicated enough, the first thing I need to note is that, under Education Law Section 260 (sub-section 7), school district public libraries have between April 1 to the end of June to hold their elections.  So just be aware: EO 202.13 did not delay all scheduled elections (only those set for “April or May).  So, for this answer, we’ll only address elections set for April or May.

Next, we need to check in not only with Education Law Section 260, but its companion Section 2018, which addresses the filing of petitions:

Each petition shall be filed in the office of the clerk of the district between the hours of nine a.m. and five p.m., not later than the thirtieth day preceding the school meeting or election at which the candidates nominated are to be elected. [emphasis added]

And of course, Education law Section 2004, which requires notice be given:

“…at least forty-five days before said meeting, in two newspapers if there shall be two, or in one newspaper if there shall be but one, having general circulation within such district. But if no newspaper shall then have general circulation therein, the said notice shall be posted in at least twenty of the most public places in said district forty-five days before the time of such meeting.”

So, with all that, what are the answers to the member’s questions?

First question: Do we have to do a legal notice that the vote is postponed and do new legal notices once we have a date?

My assessment is that the Executive Order is sufficient notice that the vote is postposed.  However, once the proceedings can be re-scheduled, a library will need to publish new notices. Further, it is important to note that the EO hints there will be “further directive as to the timing, location or manner of voting for such elections” coming from the Governor (or perhaps guidance from NYSED, upon direction of the Governor).

I imagine such “further directive” will take into account that typically, libraries must give at least 45 days’ notice.  But in any event, right now, school district public library elections are in a holding pattern, and the boards and leadership need to stay alert for further directions on next steps.

That said, a discussion with stakeholders, to ensure your library is ready to set its proceeding when the time comes, might be wise.  This could include a notice about the postponed proceedings, and direction as to where to look for next steps.

Here is a template:

Consistent with Executive Order 202.13, the [NAME] Library’s elections and budget vote are postponed, and the library is awaiting further direction from the state regarding rescheduling.  The Library will publish further notice and information to the public regarding the election as soon as we are able.  Questions about elections in [COUNTY] County can be directed to the [COUNTY] County Board of Elections at (###)###-####.

Second question: Can we reopen the opportunity for people to file a petition to run for the board?

This is fascinating.

The way I see it, 202.13’s “postponement” of elections means the thirty-day deadline for filing a designating petition will automatically be re-set to thirty days before whatever the new election will be.  This is because under Education Law Sections 260(8) and 2018, the deadline for filing is not a fixed date, but a deadline calculated based on the date of the election.  So, I think being ready to ask people to step up and get designated so you have sufficient nominees—especially if there were none duly submitted by the last deadline—is a good idea.

Of course, right now all collection and filing of designating petitions are also “postponed” (see the first excerpted paragraph of the Executive Order).   And the deadlines for petitions are going to be tough to hit before the July 1 statutory deadline. And at some point, there may be a decision that previous submissions will not be re-opened.

The next “directive” on this issue will have to tackle the issue of meeting the notification and petition filing deadlines, as well as the implications for those libraries that were in the notice period, and those that were not.

This is where conferring with the local Board of Elections officials, and the school district, even if they do not oversee your library’s elections, will be so critical.  They will have the insight and probably some inside information to share about how this will be configured.  And for those libraries with a lawyer, this is the time to involve them (before final decisions are made).

To put this in context, right now although critical, the election is probably only one of the numerous high priority issues your library board is considering. First and foremost is likely the on-going well-being of the library and its role in the anticipated recovery of your community.

With that in mind, I suggest any board facing this situation also review the guidance on using a crisis management for public libraries, and factor the monitoring and messaging around this issue into their response plan.

If and when we get an update or “further directives,” we’ll post any update to this answer.

[1] Has anyone ever done a poll to see how many librarians have been serenaded with the “Marion,” song?  And taken a further poll to see if it is now regarded as harassment?