Libraries placing funding propositions on a municipal ballot under Section 259 of New York State Education Law will not have to take responsibility for running their own election. In these cases, the petition directing that a proposition be placed on the ballot to increase library funding is handed off to the municipality via the municipal clerk even though the law gives the library board the authority to endorse or reject the petition. If the petition is endorsed by the library board, the municipal clerk must send the petitions on to the county board of elections to place the proposition before the voters at the next general election in November. The library board is not responsible for running the election.
Libraries placing funding propositions on a school district ballot under Section 259(1) of New York State Education Law will not have to take responsibility for running their own election. In these cases, the petition directing that a proposition be placed on the ballot to fund or increase funding to a public library, is directed to the school district. The district is thus responsible for scheduling the election and covering all associated costs. The school district does have the option of scheduling such an election to take place within an existing public library on a date that is different from the annual school election, but it cannot be compelled to do so. Some public libraries offer to cover the costs of holding the election in the library as an incentive for the school district to do so. In any case, the ultimate responsibility for running the election lies with the school district.
A petition signed by 25 registered voters within a school district is required to place a proposition before the voters to create and fund a new school district public library. In these cases, the petition is directed to the school district board. The district is thus responsible for scheduling the election and covering all associated costs. The school district does have the option of scheduling such an election to take place within an existing public library on a date that is different from the annual school election, but it cannot be compelled to do so. Some public libraries offer to cover the costs of holding the election in the library as an incentive for the school district to do so. In any case, the ultimate responsibility for running the election lies with the school district.
Once a school district public library is formed, Education Law 260(7) authorizes the library board to schedule and run the annual election to approve the budget and elect trustees for the library. These elections must also be held after April 1 and before July 1, but the library board can now set the time and place for the election and is responsible for all costs. The school district may be a good source for guidance in the process and can help with wording of propositions, publication of legal notices, and the mechanics of holding the election. If on the other hand, the library board decides not to run the election, the responsibility reverts back to the school district. Most school district public libraries in New York State run their own annual elections but there are situations where a library prefers to let the school district handle the responsibility.
The enabling legislation that authorizes a local vote to create and fund a special or consolidated district public library will also specify the party responsible for the initial vote to establish the district, fund the district and elect its first board of trustees. In some cases, that responsibility will fall upon an existing library that is seeking to re-charter as a special district public library. For consolidated districts it may be delegated to the regional Board of Elections. Generally the responsibilities outlined in the state bill will include: scheduling the time and place for the election; establishing polling places; appointing election inspectors and an election chair who will certify and deliver the results of the election to the library board; publishing and posting legal notices announcing the election and the issues to be decided. Besides the responsibilities highlighted in the state bill, there are many other practical concerns that will need to be attended to. These include: determining and arranging for the mechanism for the vote (i.e., paper ballots, voting machines, etc.); handling absentee ballots; etc. The responsibility for the costs of the election would be specified in the enabling legislation.
Ongoing funding propositions and trustee elections are to follow the procedure outlined in their legislation, in some cases this will follow the procedures laid out for the establishment vote, in others it will be left to the discretion of the new board of trustees. In that case it is recommended that boards follow precedent available through New York State Education Law and New York State Election Law.
A guide to election laws and regulations in New York State as well as rulings and opinions can be found on the State Board of Elections website. Libraries can also seek guidance from the local board of elections, school districts, municipalities and other libraries that have gone through the process.