School District Public Libraries

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!

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.

Before we dive into this, let’s make one thing very clear: the law in New York State always requires a construction permit! The question is: who issues it?

Confusion on this issue has been caused by “19 NYCRR 1201.2,” the state regulation that specifies which authorities can grant building permits to which types of entities (including schools and libraries).

Most public libraries will fall under sections “(a)” and “(b)” of this regulation. These sections place permitting authority for a private or local government building in the hands of a city, village, town, or county.

However, libraries on property owned by school districts or a regional BOCES will fall under section “(e),” which puts permitting authority for certain projects in the hands of the New York State Education Department (“NYSED”).

The specific wording of the authority given to NYSED is:

(e) The State Education Department shall be accountable for administration and enforcement of the Uniform Code [e.g., issuing building permits] with respect to buildings, premises and equipment in the custody of, or activities related thereto undertaken by, school districts and boards of cooperative educational services [a.k.a. BOCES].

In other words, if the property is owned, leased, or operated by a school district or a BOCES, NYSED will have permitting authority over it. This authority applies to only those libraries that lease property from a school district or a BOCES.

Guidance from NYSED about its permitting process[1] is consistent with this interpretation of the language in section (e).[2]

So, a school district public library needs to work with its municipality for a building permit, unless it is a tenant of a school district or a BOCES.

And now, a note about the library construction process…

Confirming the permitting authority—and who will work with them—is an important first step in the library construction process. When a library designates a person to take point on leading a library construction project, the plan for a positive relationship with the permitting authority should be confirmed early on. If the point person has not done that type of work before, another person[3] with that experience (hopefully with the same permitting authority) should help lead the team.

Thank you for an important question!