Early Voting

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.