2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 52-A - New York City Community School District System › 2590-C - Composition of Community District Education Councils.

* §  2590-c. Composition of community district education councils.  1.
Each community district  shall  be  governed  by  a  community  district
education council. The community councils shall consist of twelve voting
members and two non-voting members, as follows:
(a)  (1)  For councils whose terms begin prior to two thousand twenty,
nine voting members shall be parents  whose  children  are  attending  a
school  or  a  pre-kindergarten  program  offered  by a school under the
jurisdiction of the community district, or have attended a school  or  a
pre-kindergarten  program  offered by a school under the jurisdiction of
the community district within the preceding  two  years,  and  shall  be
selected  by  the presidents and officers of the parents' association or
parent-teachers' association. Such members shall serve for a term of two
years.   Presidents   and   officers   of   parents'   associations   or
parent-teachers'  associations  who  are  candidates  in  the  selection
process pursuant to this section shall not be eligible to cast votes  in
such  selection process. The association shall elect a member to vote in
the place of each such president or officer  for  the  purposes  of  the
selection   process.   Provided,   however,   that   a   parent   of   a
pre-kindergarten pupil shall  vacate  his  or  her  membership  on  such
community  district  education  council where the parent no longer has a
child that attends a school or pre-kindergarten  program  offered  by  a
school under the jurisdiction of the community district.
(2)  For  councils  whose  terms  begin in two thousand twenty-one and
thereafter, nine voting members shall  be  parents  whose  children  are
attending  a  school  or  a pre-kindergarten program offered by a school
under the jurisdiction of the community district,  or  have  attended  a
school  under  the  jurisdiction  of  the  community district within the
preceding two years,  and  shall  be  elected  by  parents  of  children
attending  such schools and pre-kindergarten programs in accordance with
a process developed by the chancellor pursuant to subdivision  eight  of
this  section.  Provided,  however,  that a parent of a pre-kindergarten
pupil shall vacate his or her  membership  on  such  community  district
education  council  when the parent no longer has a child that attends a
school or  pre-kindergarten  program  offered  by  a  school  under  the
jurisdiction of the community district.
(b)  Two  voting  members shall be appointed by the borough presidents
corresponding to such district. Such appointees shall be  residents  of,
or  own  or operate a business in, the district and shall be individuals
with extensive business, trade, or education experience  and  knowledge,
who  will  make a significant contribution to improving education in the
district. Such members shall serve for a term of two years.
(c) One voting member shall be a parent whose  child  is  attending  a
district  seventy-five  school  or  program,  or has attended a district
seventy-five school or program within the preceding two years, and shall
be elected by parents of children attending such schools or programs  in
accordance with a process developed by the chancellor. Such member shall
serve for a term of two years.
(d) Two non-voting members who are high school seniors residing in the
district,  shall  be  appointed  by  the  superintendent  from among the
elected student leadership. Such members shall  serve  for  a  one  year
term.
Members shall not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the community council.
2. For the initial community council, such members must be selected on
or   before   October  thirty-first,  two  thousand  three,  with  terms
commencing on December first, two thousand three. Thereafter, commencing
in May of two thousand five, the  selection  or  election  of  community

council  members  shall  occur  on the second Tuesday in May, with terms
commencing on the following July first.
3.  Each  such council shall select one of its voting members to serve
as chair.
4.  Notwithstanding  any  provisions  of  law  to  the  contrary,  the
community  district  education  council  may  appoint  an administrative
assistant, pursuant to the policies of the city board, who shall perform
the following  functions:  (a)  prepare  meeting  notices,  agendas  and
minutes;  (b)  record  and  maintain  accounts  of proceedings and other
council meetings; and (c) prepare briefing materials and  other  related
informational  materials  for  such  meetings.  Each  council  shall  be
responsible for the appointment, supervision, evaluation  and  discharge
of the administrative assistant.
5.  No  person  may serve on more than one community council or on the
city-wide council on special education, the city-wide council on English
language learners,  the  city-wide  council  on  high  schools,  or  the
city-wide  council  on  district seventy-five and a community council. A
member of a community council shall be ineligible to be employed by  the
community  council  of  which he or she is a member, any other community
council, the city-wide  council  on  special  education,  the  city-wide
council  on  English  language  learners,  the city-wide council on high
schools, the city-wide council on district  seventy-five,  or  the  city
board. No person shall be eligible for membership on a community council
if  he  or  she  holds  any  elective  public  office or any elective or
appointed party position except that of delegate or  alternate  delegate
to a national, state, judicial or other party convention, or member of a
county committee.
A  person  may  be  permanently  ineligible  for  appointment  to  any
community district education council for any of the  following:  (a)  an
act  of  malfeasance  directly  related  to  his  or  her service on the
city-wide council on special education, the city-wide council on English
language learners, the city-wide council on high schools, the  city-wide
council  on  district  seventy-five, community school board or community
district education council; or (b) conviction of a crime, provided  that
any  such  conviction  shall  be  considered  in accordance with article
twenty-three-A of the correction law.
Any decision rendered by the chancellor or the city board with respect
to the eligibility or  qualifications  of  the  nominees  for  community
district  education  councils  must  be  written  and made available for
public inspection within seven days of its issuance at the office of the
chancellor and the city board. Such written decision shall  include  the
factual  and  legal  basis  for its issuance and a record of the vote of
each board member who participated in the decision, if applicable.
6. (a) In addition to the conditions enumerated in the public officers
law creating a vacancy, a  member  of  a  community  district  education
council who refuses or neglects to attend three meetings of such council
of which he or she is duly notified, without rendering in writing a good
and  valid  excuse  therefore  vacates  his  or her office by refusal to
serve. Each absence and any written excuse rendered  shall  be  included
within  the  official  written  minutes of such meeting. After the third
unexcused absence the community council shall declare a vacancy  to  the
chancellor.
(b)  (1)  Vacancies  in positions that were not appointed by a borough
president  or  elected  by  parents  of  children   attending   district
seventy-five  schools  or programs shall be filled for an unexpired term
by the community district education council after consultation with  the
presidents'  council  or  other  consultative body representing parents'
associations  and  other  educational  groups   within   the   district.

Recommendations  made by such parents and other educational groups shall
be submitted in writing and included within the record of the meeting at
which the vacancy is filled.
(2)  If  such  vacancy  results in the council not having at least one
member who is a parent of a student who is an English  language  learner
or  who  has  been  an English language learner within the preceding two
years, or results in the council not having at least one member who is a
parent of a  student  with  an  individualized  education  program,  the
community  council  shall  select a parent having such qualifications to
fill the vacancy.
(c) If the vacancy is not filled by the community council within sixty
days after it is declared due to a tie vote for  such  appointment,  the
chancellor  shall  vote  with  the  community council, to break such tie
vote. If the community council has failed to  fill  the  vacancy  within
sixty  days  after  it  is  declared  because  of  any other reason, the
chancellor shall order the  community  council  to  do  so  pursuant  to
section twenty-five hundred ninety-1 of this article.
(d)  Where  a  vacancy  occurs  in  a  position appointed by a borough
president, the borough president shall appoint a  member  to  serve  the
remainder of the unexpired term.
(e)  Where  a  vacancy  occurs  in  a  position  elected by parents of
children  attending  district  seventy-five  schools  or  programs,  the
chancellor  shall  develop  a  process for parents of children attending
district seventy-five schools or programs to select a  member  to  serve
the remainder of the unexpired term.
7.  (a)  Each  community  council shall prepare and submit to the city
board a performance report every month. The information  provided  shall
include  community council members' attendance records; participation in
community council committees and  other  community  council  activities;
visits  to  schools;  and  voting  records  on  major  issues before the
community council.
(b) The city  board  shall  review  and  consolidate  the  performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
8.  The  chancellor  shall:  (a) develop a process to ensure a uniform
election   process   for   parent   associations   and    parent-teacher
associations.  Such  process  shall  ensure  uniformity  with respect to
timing of elections and the structure and size of the body.
(b) develop a process  for  nomination  of  candidates  for  community
council  membership.  Such  process will outline in detail the procedure
which must be followed to present a name for consideration, may  include
qualifications  and  prohibitions  in addition to those outlined in this
section and may allow for an interview process for nominees.
(c) (1) develop selection procedures  for  community  council  members
which  shall attempt to ensure membership that reflects a representative
cross-section  of  the  communities  within  the  school  district   and
diversity  of  the  student  population  including those with particular
educational needs, shall include consideration of the enrollment figures
within each community district  and  the  potential  disparity  of  such
enrollment  from  school to school within the district, and shall ensure
that, to the extent possible, a school may have no more than one  parent
representative  on  the  community council. Such procedures shall ensure
that at least one position on the  community  council  is  filled  by  a
parent  of  a student who is an English language learner or who has been
an English language learner within the preceding two years, and at least
one position is filled by a parent of a student with  an  individualized
education  program, and shall allow for the seven remaining positions to
be filled by parents who are otherwise eligible;
(2) after reviewing the recommendations of the task force described in
subdivision nine  of  this  section,  develop  election  procedures  for
community  council members which shall attempt to ensure membership that
reflects a representative cross-section of the  communities  within  the
school  district and diversity of the student population including those
with particular educational needs, shall include  consideration  of  the
enrollment  figures  within  each  community  district and the potential
disparity of such enrollment from school to school within the  district,
and shall ensure that, to the extent possible, a school may have no more
than  one  parent representative on the community council. Such measures
shall ensure that at least one position  on  the  community  council  is
filled  by  a parent of a current student who is or has been at any time
an English language learner, and at least one position is  filled  by  a
parent  of  a  student  who has or has at any time had an individualized
education program, and shall allow for the seven remaining positions  to
be   filled  by  parents  who  are  otherwise  eligible.  Such  election
procedures shall ensure that no candidate is elected by a margin of less
than one vote.
(d) promulgate rules and regulations requiring financial disclosure by
the nominees and policies  prohibiting  political  endorsements  of  and
campaign contributions to nominees.
(e)  beginning in January of each school year and continuing until the
date of selection, ensure the  distribution  of  guides  to  parents  in
addition  to  information  regarding community council roles, functions,
and   activities,   including   upcoming   parents'   association    and
parent-teacher  association  elections,  candidate  information, and the
nature of the selection or election process.
Prior  to  the  adoption  of  the  processes,  procedures,  rules   or
regulations  set  forth in this subdivision, the chancellor shall ensure
that there is an inclusive public process which  allows  for  sufficient
public  input  from parents and the community including public hearings.
All such processes, procedures, rules or regulations must  be  final  in
sufficient time to assure for an orderly implementation and notification
of  such  processes,  procedures, rules or regulations to allow for full
community participation in the nomination and  selection  processes  and
procedures.
9.  The  mayor  shall  appoint  a  task  force  on  community district
education councils consisting of parents whose  child  or  children  are
attending  a  public  school  within  the  community districts and other
members with  relevant  expertise.  The  task  force  shall  review  the
eligibility criteria to serve on a community district education council,
the  process for selecting community council members, and their terms of
office. The task force shall submit a report concerning its findings and
recommendations to the mayor and the chancellor by November  first,  two
thousand nineteen.
* NB Repealed June 30, 2026
* § 2590-c. Composition   of   community  boards.  1.  Each  community
district shall be governed by a  community  board  to  consist  of  nine
members  to  be  elected  for a term of three years and to serve without
compensation.  Each such board shall select one of its members to  serve
as chairman.
Notwithstanding  any  provisions of law to the contrary, the community
board may appoint a board secretary, pursuant to  the  policies  of  the
city  board,  who  shall  perform  the  following functions: (a) prepare
meeting notices, agendas  and  minutes;  and  (b)  record  and  maintain
accounts  of  proceedings  and other board meetings. Each board shall be
responsible for the appointment, supervision, evaluation  and  discharge
of the board secretary.
2. Such members shall be elected at an election conducted by the board
of  elections in the city of New York to be held on the first Tuesday in
May commencing with the year two thousand three  and  every  third  year
thereafter  for  a  term  commencing  on  the  first  day  of  July next
following.
3.  Every  registered voter residing in a community district and every
registered parent of a child attending any school under the jurisdiction
of the community board of such district who is a citizen of the state, a
resident of the city of New York for at least thirty days and  at  least
eighteen years of age shall be eligible to vote at such election for the
members  of  such  community  board, except that no person may vote more
than once or in more than one community district, and  no  person  shall
have  the  right to register or vote at any community board election who
would not be qualified to register or vote at any election in accordance
with the provisions of section 5-106 of the election law.
(a) The board of elections of the city of New York shall  provide  for
the personal and mail registration, and cancellation of registration, of
persons  qualified by this subdivision to vote as "parents," in a manner
determined jointly by the board of elections and the  city  board.  Each
parent shall be offered the opportunity to register as a parent voter at
the  time  such  parent  registers his child with the school and at such
other times as the board of elections deems  necessary  to  achieve  the
registration of the maximum number of parents possible. The registration
process  shall  provide  a  procedure  for determining when such parents
shall cease to be eligible to vote as parent voters because their  child
no  longer  attends  a  school  under  the jurisdiction of the community
board.
(b) In January next preceding each community board election, the  city
board  shall provide written notice to every parent of a child attending
school under the jurisdiction of every community board of such  parent's
right  to  vote  in the community board election, the method and time by
which a parent may register to vote, and a form by which such parent may
register by mail.
(c) The board  of  elections  shall  certify  qualified  registrations
pursuant  to  the  certification  procedures  agreed  to by the board of
elections and the city board. The board of elections shall  certify  all
qualified registrations and transmit notice of such certification to the
city board promptly.
4.  (a)  Every  registered  voter residing in a community district and
every parent of a child attending any school under the  jurisdiction  of
the  community  board  of such district who is a citizen of the state, a
resident of the city of New York for at least ninety days prior  to  the
date  of  the  election,  and  at  least  eighteen years of age shall be
eligible for membership on such  community  board,  provided  that  such
person not be disqualified from registering for or voting at an election
under  the provisions of section 5-106 of the election law or ineligible
to serve, under the provisions of paragraph (b) of this subdivision.  No
person  may  serve  on  more  than  one  community  board. A member of a
community board shall be ineligible to  be  employed  by  the  community
board  of  which  he is a board member, any other community board or the
city board. No person shall be eligible for membership  on  a  community
board  if  he or she holds any elective public office or any elective or
appointed party position except that of delegate or  alternate  delegate
to a national, state, judicial or other party convention, or member of a
county committee.
(b)  A  person who has been convicted of a felony, or has been removed
from a community  school  board  for  any  of  the  following  shall  be

permanently  ineligible  for  appointment  or  election to any community
school board:
(1)  an  act  of malfeasance directly related to his or her service on
such community school board; or
(2) conviction of a crime, if such crime is directly related to his or
her service upon such community school board.
5. Each registered voter shall vote at such polling place  within  his
or  her  community  district  as  shall  be  designated  by the board of
elections in the city of New York or may vote  as  a  registered  parent
voter,  but  not  both.  Each person voting as a registered parent shall
vote at such polling place within the community district in which his or
her child is attending school as shall be designated  by  the  board  of
elections  in  the  city of New York. In the event a parent has children
attending school in different community districts, the parent  may  vote
at  either  polling place designated for each of the community districts
by the board of elections, but not both. The  polls  of  such  elections
shall  be open between the hours of six o'clock in the forenoon and nine
o'clock in the evening on the days of elections.
6. Applicability of the  election  law.  (a)  The  provisions  of  the
election  law  with  respect  to  registration  of voters, nomination of
candidates,  declination  of  nominations,  filling  of   vacancies   in
nominations,  notices  to  candidates,  objections to petitions, rulings
thereon,  judicial  proceedings,  campaign  receipts  and  expenditures,
conduct  of the election, including the use of voting machines, counting
and canvassing of votes, and all other  matters  so  far  as  applicable
shall govern the election of community board members; provided, however,
that:
(1)  candidates  for  community  board  member  shall  be nominated by
petitions in accordance with  regulations,  not  inconsistent  with  the
provisions of this article, promulgated by the board of elections in the
city  of  New  York.  Such  petitions  shall  be filed with the board of
elections at least four weeks before the election;
(2) nominating petitions shall be signed by not fewer than two hundred
registered voters  residing  in  such  community  district,  or  persons
eligible to vote as registered parents in such community district;
(3)  each  candidate  shall be nominated by a separate petition and no
elector shall sign more than one such petition. Should an  elector  sign
more  than  one such petition, his or her signature shall be void except
upon the petition first signed;
(4) no candidate shall be  identified  by  political  party  or  other
organizational affiliation on the nominating petitions or the ballot;
(5)  certification of acceptance or declination are not required to be
acknowledged; and
(6) the order of the names  of  candidates  on  the  ballot  shall  be
determined  in  the same manner as the order of names of candidates in a
primary election.
(b) Notwithstanding the provisions of section 14-102 of  the  election
law  to  the  contrary,  all  receipts  and  contributions received by a
candidate for community board or a political committee on  behalf  of  a
candidate   for  community  board  from  any  one  contributor  must  be
specifically accounted for by separate  items  in  such  candidate's  or
committee's financial disclosure statement.
(c)  At  each election, any candidate for community board member shall
be entitled to exercise all the rights granted by section 8-500  of  the
election  law  to a political party or independent body in regard to the
appointment of watchers and challengers for the polls.
(d) Any public hearing held by the board  of  elections  or  the  city
board  with  respect  to  the  community  school  board  elections or to

candidates for community boards must be stenographically transcribed  or
recorded  in  another  manner and such transcripts or written records of
such recordings must be made available  for  public  inspection  at  the
offices of the city board and the board of elections.
(e)  Any decision rendered by the board of elections or the city board
with respect to candidates for community boards must be written and made
available for public inspection within seven days of its issuance at the
offices of the city board and  the  board  of  elections.  Such  written
decision  shall include the factual and legal basis for its issuance and
a record of the vote of each board member or commissioner  of  elections
who participated in the decision.
7.   The   members  of  each  community  board  shall  be  elected  by
proportional representation in accordance with the following rules:
(1) Paper ballots. Community board members  shall  be  voted  for,  in
accordance  with  the instructions provided in paragraph three, on paper
ballots on which the candidates are listed by  name  only.  The  ballots
shall  conform  to the provisions of the election law for paper ballots,
so far as applicable, except as to size and as hereinafter provided. The
ballots shall contain a square for voting before each candidate's name.
(2) Order of names on ballot. The names of  the  candidates  shall  be
printed  in  the  alphabetical order of their surnames, except that they
shall be rotated by  polling  places  by  transposing  the  first  named
candidate  to  the bottom of the order at each succeeding polling place;
so that each name shall appear first and in each other  position  in  an
equal number, as nearly as possible, of the polling places.
(3) Instructions to voters. There shall be no indication on the ballot
of  a definite number of candidates to be voted for. The instructions to
voters shall read as follows:
INSTRUCTIONS
Mark Your Choices with NUMBERS Only.
Do NOT use X Marks.)
Put the number 1 in the square opposite the name of your first choice.
Put the number 2 opposite your second choice, the  number  3  opposite
your  third  choice,  and  so  on.  You  may mark as many choices as you
please.
Do not put the same number opposite more than one name.
To vote for a person whose name is not printed on this  ballot,  write
his  name  on  a  blank line under the names of the candidates and put a
number in the square opposite to show which choice you wish to give him.
If you tear or deface or wrongly mark this ballot, draw  lines  across
its face to prevent its being used, return it and obtain another.
(4)  Central  count.  Prior to every election at which community board
members are to be elected, the board  of  elections  shall  designate  a
central  counting  place  for  each community district where the ballots
shall be brought together and counted publicly; shall appoint  for  each
central  counting  place  a  board  of  two competent persons, to act as
directors  of  the  count  for  such  counting  place;  shall  employ  a
sufficient  staff  of assistants for each counting place, and shall make
suitable arrangements for the counting and  recording  of  the  ballots,
subject to the provisions of this article. If the board of elections and
the  city  board determine it to be feasible and desirable, the board of
elections may provide for the counting of the ballots by any combination
of electronic, mechanical or other devices to carry out  the  provisions
of  this  section.  The board of elections shall prepare and provide all
necessary forms and equipment.
(5) Assembling ballots. As soon as the polls have closed, the election
officials assigned by the board of elections at each polling place shall
seal the ballot boxes without opening them and shall send them at  once,

as  the board of elections may direct, to the central counting place for
the district with a record of the number of ballots for community  board
member which have been voted in their polling place.
(6)  Checking  number  of  ballots.  At the central counting place the
number of ballots for community board member found in  each  ballot  box
shall   be   recorded  and  compared  with  the  record  sent  from  the
corresponding polling place. The records thus  compared  shall  be  made
available  to  the  public  with notations explaining any corrections or
changes made therein. Discrepancies which cannot be reconciled shall  be
shown on the record. All ballots found in the ballot boxes which bear no
evidence of having been improperly cast shall be accepted.
(7)  Sorting  of ballots. Ballots shall be sorted by polling places in
an order determined by lot.
(8) Rules for validity. If  a  ballot  does  not  clearly  show  which
candidate  the  voter  prefers  to  all  others  or  if  it contains the
signature of the voter, it shall be held as invalid.  Every  ballot  not
thus  invalid  shall  be counted according to the intent of the voter so
far as that can be clearly ascertained, whether marked according to  the
instructions  printed  on  it  or  not.  No ballot shall be held invalid
because it is marked in ink or pencil different from the one supplied at
the polling place, or because the names of candidates thereon have  been
stricken  out  by  the  voter.  Any  cross  mark  or check mark shall be
disregarded, except that a single cross mark or check mark on  a  ballot
on  which  no  number  one appears shall be considered equivalent to the
number one. If the consecutive numerical  order  of  the  numbers  on  a
ballot  is  broken  by the omission of one or more numbers, the smallest
number marked shall be taken to indicate the voter's first  choice,  the
next  smallest  his  second,  and so on, without regard to the number or
numbers omitted.
(9) Count of first choices. At the beginning of  the  count  for  each
district  the ballots shall be sorted and counted according to the first
choices marked on  them.  The  ballots  shall  be  so  credited  to  the
candidates  of their choice in the order of polling places chosen by lot
as specified in paragraph seven of this subdivision. The number of valid
ballots cast for each candidate as first choice in  each  polling  place
and  the  total  number  of valid ballots for each candidate and for all
candidates shall be determined and recorded.
(10) Single transferable vote. Each candidate shall be  credited  with
one  vote  for  every  ballot  that  is sorted to him as first choice or
transferred to him as hereinafter provided, and no ballot shall ever  be
credited to more than one candidate at the same time.
(11) Quota sufficient to elect. The quota of votes sufficient to elect
a  community  board  member  shall  be  determined by dividing the total
number of valid ballots cast in the community district by one more  than
the  number  of members to be elected for the district and adding one to
the result, disregarding fractions.  This  is  the  smallest  number  of
ballots which could be received separately by each of as many candidates
as are to be elected but not by one more.
(12)   Election  of  candidates  with  quotas.  All  candidates  whose
first-choice ballots  equal  or  exceed  the  quota  shall  be  declared
elected.
(13) Transfer of surplus ballots. All of the surplus ballots in excess
of the quota of each candidate so elected shall be transferred from him,
each  to  the  unelected  candidate indicated on it as next choice among
such candidates. The ballots to be so  transferred  as  surplus  ballots
shall  be  those  last  received  by the candidate in the count of first
choices which show a clear next choice for an unelected  candidate.  All
ballots which show no such clear next choice shall be left to the credit

of  the  candidate of their first choice. If more than one candidate has
first-choice ballots in excess of the quota, the surplus ballots of  the
candidate  with  most  ballots shall be transferred first, then those of
the candidate with next most ballots, and so on.
(14)  Election  of  candidates  during  transfers. Whenever during any
transfer of ballots, at any stage of the counting, the number of ballots
credited to a candidate becomes equal to the quota, he shall be declared
elected and no ballots in excess of the quota shall  be  transferred  to
him.  Any  transferred  ballots in excess of the quota which show a next
choice for such candidate shall be transferred further at once, each  to
the  next  subsequent  choice  on  it  for  a  continuing  candidate.  A
"continuing candidate" is a candidate not yet elected  or  defeated.  If
such  a  ballot  shows  no such further choice, it shall be set aside as
"exhausted".
(15) Defeat of lowest candidates. After the count of first choices and
the transfer of all surplus  ballots,  if  any,  the  candidates  having
fewest  votes  to  their credit shall be successively defeated and their
ballots transferred as hereinafter provided. The one candidate with  the
fewest  votes shall be declared defeated first. If at this point, two or
more of the candidates with the next fewest votes,  including  any  such
candidates  whose  names have been written in, have together fewer votes
than the candidate next higher in number  of  votes,  they  may  all  be
declared  defeated  together  unless  this  would  reduce  the number of
undefeated candidates below the number to be elected.
(16) Transfer of ballots from defeated candidates. All the ballots  of
the candidates thus defeated shall be transferred, each to the candidate
indicated  on  it  as  next choice among the continuing candidates. If a
ballot shows no such further choice, it shall be set aside as exhausted.
If the same choice is marked for more than one candidate,  it  shall  be
disregarded  except  as to continuing candidates, but if the next choice
for a continuing candidate  is  marked  for  more  than  one  continuing
candidate, the ballots shall be set aside as exhausted.
(17)  Defeat  of  candidate  then  lowest. When all the ballots of the
candidate or candidates first defeated have been  transferred,  the  one
candidate  who is then lowest on the poll shall be declared defeated and
all his ballots transferred in the same way.
(18) Successive  defeats  and  transfers  of  ballots.  Thereupon  the
candidate  who is then lowest on the poll shall be declared defeated and
all his ballots similarly transferred. The lowest  candidates  shall  be
declared  defeated one at a time and all their ballots transferred until
the election is at an end as hereinafter provided.
(19) Order of  transfer.  When  ballots  are  being  transferred  from
defeated  candidates,  they shall be transferred in the reverse order to
that in which they were credited to  the  candidate  whose  ballots  are
being transferred, except that if no quota can possibly be completed for
another  candidate  during  the  transfer they may be transferred in any
order.
(20) Ties. In deciding any tie a candidate shall be treated as  having
more votes than another if he was credited with more votes at the end of
the  last  preceding transfer or sorting of ballots at which the numbers
of their votes were different. Any tie not thus decided shall be decided
by lot.
(21) Election ended when all quotas are completed. If at any  time  as
many  candidates as are to be elected have received the quota, the other
candidates shall all be declared defeated and the election shall  be  at
an  end.  Any  transfer  that  is in progress when the last candidate is
elected may be completed for the record.
(22) Last candidates elected even if quotas are not completed.  If  at
any  time  all  ballots of any defeated candidates have been transferred
and it is impossible to defeat another candidate  without  reducing  the
continuing  candidates  below  the  number  still to be elected, all the
continuing  candidates  shall be declared elected and the election shall
be at an end.
(23) Correction of errors. If at any time after the first  sorting  of
the  ballots  a  ballot  is  found  to  have been misplaced, it shall be
credited to the candidate who should have been credited with it at  that
stage  of the counting or set aside as exhausted if that would have been
the proper disposition of it at that  stage,  and  any  changes  in  the
disposition  of the ballots composing completed quotas made necessary by
the correction shall also be made forthwith. If the number of  misplaced
ballots  found  indicates  that the list of continuing candidates may be
incorrect, so much of the sorting and counting as  may  be  required  to
correct the error shall be done over again before the count proceeds.
(24) Record of count. A record of the count shall be kept in such form
as  to  show,  after  each  sorting  or  transfer of ballots, the number
thereby credited to each candidate, the number thereby found  exhausted,
the  total  for each candidate, the total found exhausted, and the total
number of valid ballots found by adding the totals of all candidates and
the total found exhausted.
(25)  Record  and  disposition  of  ballots.  Every  ballot  that   is
transferred  from one candidate to another shall be stamped or marked so
as to show all the candidates to whom it is successively credited during
the entire course of the  count.  If  in  correcting  an  error,  or  in
recounting  ballots,  any ballots are re-sorted or re-transferred, every
such ballot shall be made to take the same course that it  took  in  the
original  count  unless the correction of an error requires its taking a
different course.
(26) Ineligible candidates. If  a  candidate  dies  or  is  officially
determined  to  be  ineligible  before  the  counting  of the ballots is
completed, all choices for such candidate shall be disregarded and every
ballot which would otherwise have been counted for him shall be  counted
for the next choice thereon, if any, instead.
(27)  Public  attendance  at count. The candidates, representatives of
the press and other media and, so far as may  be  consistent  with  good
order  and  convenience, the public shall be afforded every facility for
being present and witnessing the count.
(28) Supplementary regulations.  Administrative  regulations  for  the
conduct  of  elections  by proportional representation, not inconsistent
with the provisions of this article may be made by the city  board  and,
subject to any such regulation, by the board of elections in the city of
New York.
** 7. Method of election. The members of each community board shall be
elected in accordance with the following rules of limited voting:
(a)  Community board members shall be voted for on voting machines, in
accordance with the provisions of title two  of  article  seven  of  the
election law.
(b)  Order  of  names  on ballot. The names of the candidates shall be
printed in the alphabetical order of their surnames,  except  that  they
shall  be  rotated  by  polling  places  by  transposing the first named
candidate to the bottom of the order at each succeeding polling place so
that each name shall appear first and in each other position in an equal
number, as nearly as possible, of the polling places.
(c) Vote casting. Each voter is entitled to cast  one  vote  for  each
candidate  to  a  maximum of four votes. No voter may cast more than one
vote for any one candidate.
(d) Election of candidates. The nine candidates receiving the greatest
number or  votes  when  ballots  are  counted  in  accordance  with  the
provisions of article nine of the election law shall be elected.
(e)  Ties.  In  the  event  that more eligible persons than the number
remaining to be elected receive an equal number of votes, on  notice  to
the  persons  receiving the same number of votes, the board of elections
in the city of New York shall determine by lot which of those persons is
elected.
(f) Supplementary  regulations.  Administrative  regulations  for  the
conduct  of  elections  by  limited  voting,  not  inconsistent with the
provisions of this article, may be made by the board of elections in the
city of New York, in consultation with the city board.
** NB The amendments to subdivision 7 made by chapter 149 of the  laws
of  1998,  although signed into law by the Governor on July 2, 1998, are
not operative until precleared by the Department of Justice,  which  has
not yet occurred.
8. (a) In addition to the conditions enumerated in the public officers
law  creating  a  vacancy,  a member of a community board who refuses or
neglects to attend three meetings of his  board  of  which  he  is  duly
notified,  without rendering in writing a good and valid excuse therefor
vacates his office by refusal to serve. Each  absence  and  any  written
excuse rendered shall be included within the official written minutes of
such  meeting. After the third unexcused absence the board shall declare
a vacancy and certify the existence of the vacancy to the chancellor.
(b) Vacancies shall be filled for the unexpired term by the  community
board   after   consultation  with  the  presidents'  council  or  other
consultative  body  representing   parents'   associations   and   other
educational  groups  within  the  district. Recommendations made by such
parents and other educational groups shall be submitted in  writing  and
included  within  the  record  of  the  meeting  at which the vacancy is
filled.
(c) If the vacancy is not filled by the board within sixty days  after
it  is  declared  due to a tie vote for such appointment, the chancellor
shall vote with the community board, to break  such  tie  vote.  If  the
board  has  failed  to  fill  the  vacancy within sixty days after it is
declared because of any other reason, the  chancellor  shall  order  the
board  to do so pursuant to section twenty-five hundred ninety-l of this
chapter.
9. Public information and education. (a) Each  community  board  shall
prepare  and  submit to the city board monthly a performance report. The
information provided shall include community board  members'  attendance
records; participation in community board committees and other community
board  activities; visits to schools; and voting records on major issues
before the community board.
(b) The city  board  shall  review  and  consolidate  the  performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
10.  Polling place procedures. The board of elections shall provide at
the locations designated as polling places on the days of the  community
board  elections, sufficient employees who have received formal training
regarding the  conduct  of  community  board  elections,  including  the
procedures  applicable  to  parent voters. The board of elections of the
city of New York shall provide polling place employees who  speak  other
languages as required by law.
11.  Distribution  of  information/media.  Beginning in October of the
school year in which the community school election will take place,  and
continuing  until  the date of election, the city board shall ensure the
distribution of voter guides  to  parents  in  addition  to  information

regarding  community  board  roles, functions, and activities, including
upcoming elections, voter registration, candidate information,  and  the
nature  of  the  election  process  to parents and to the general public
through  city-wide  and  local  media.  The  city board and the board of
elections of the city of New York should use foreign language and ethnic
newspapers and television stations to maximize minority participation in
the electoral process.
12. Definition. For the purposes of this section, the term "parent  of
a child" shall include a parent of a child with a disability, as defined
in article eighty-nine of this chapter.
* NB Revived June 30, 2026