N.Y. Education Law § 1803-a: Alternative voting procedure

§ 1803-a. Alternative voting procedure. 1. When an order laying out a

central school district has been made and entered as provided in section

eighteen hundred one of this chapter, and the petitions referred to in

paragraph a of subdivision one of section eighteen hundred two thereof

have been, or are being, presented and filed with the commissioner, a

second petition may be presented by persons qualified to vote in any

school district, all of which is included in the area of the central

school district as laid out by such order, and which school district at

the time of such order maintained its own schoolhouse. Such second

petition may request the alternative voting procedure authorized by this

section, and shall be signed by at least one hundred qualified voters of

such district or by a number of such qualified voters equal to at least

ten per centum of the pupils of such district as determined by the last

school census, whichever shall be less; provided, however, that such

second petition must, in any event, contain not less than ten

signatures. Such second petition shall be filed with the commissioner at

the same time as the first petition is filed. If the commissioner is

satisfied that both petitions have been duly signed as provided by law,

he shall fix a time and place for an election of the qualified voters

within the central school district, which said election shall be held

not more than thirty days after the filing of the petitions aforesaid.

The commissioner shall cause notice of such election to be posted at

least ten days prior thereto in three conspicuous places in each school

district wholly or partly within the central school district. In

addition to the posting of such notice, a copy thereof shall be

published at least three days before the election in a daily or weekly

newspaper published within the territory or in a newspaper circulating

therein. The expense of posting and publishing of the notice shall be

borne equally by the several school districts within the territory,

unless a central school district is organized, in which event such

expense shall become a charge upon said central school district.

2. Elections for the establishment of a central school district under

the provisions of this section shall be conducted as follows:

a. They shall take place on a day and at a place designated by the

commissioner for a vote by all the qualified voters within the central

school district, except as otherwise provided in paragraph b of this

subdivision.

b. The qualified voters of any school district from which a second

petition pursuant to subdivision one of this section has been received,

shall vote on the designated day at the principal schoolhouse located in

such district. Such petitioning district shall be known as a special

election district.

c. The election shall take place during at least four consecutive

hours between the hours of seven o'clock in the forenoon and ten o'clock

in the evening, as determined by the commissioner of education.

d. The ballots for the election shall be furnished by the commissioner

of education and shall contain a resolution in substantially the

following form: "Resolved that the ........... central school district

(add designation) as described in the order of the commissioner of

education be organized and a central school for instruction in

elementary and high school subjects be established."

e. Before each person casts his ballot he shall be required to sign a

statement contained in a poll book provided for the purpose, declaring

that he is a qualified voter within the central school district.

f. Provision shall be made for the use of absentee ballots as provided

under section two thousand eighteen-a or two thousand eighteen-b of this

title, whichever shall apply, and early mail ballots as provided under

section two thousand eighteen-e or two thousand eighteen-f of this

title, whichever shall apply.

3. The commissioner shall appoint a board of canvass whose duty it

shall be to act as a board of elections at the central voting place

designated by the commissioner pursuant to paragraph a of subdivision

two of this section, and also to act as a board of canvass for the

entire area included in the central school district, including any

district petitioning pursuant to subdivision one of this section. Such

board shall, as soon as the ballot boxes and books containing the names

of the voters have been delivered to the board of canvass at the place

designated by the commissioner, count the ballots of all those voting in

the central school district. Prior to ascertaining the manner in which

any voter has marked a ballot, the number of ballots from the central

voting place and each special election district shall be counted

separately without opening them and if the number does not correspond

with the number of names contained in the poll book of such central

voting place or special election district, the board before canvassing

the ballots, shall withdraw therefrom a number sufficient to make the

number of ballots correspond with the number of names in the poll book.

Such board shall then canvass the vote of the central voting place and

of each special election district separately and certify to the

commissioner the total number of votes cast at the central voting place

and at each special election district, the number of valid votes cast

for the organization, the number of valid votes cast against the

organization, the number of void ballots and the number of blank

ballots. A majority of the valid votes cast at the central voting place

and at each special election district shall be necessary to establish

the central school district. The board of canvass shall seal the books

and the ballots immediately upon the completion of the certificate,

setting forth the result and shall retain them in its possession for at

least thirty days. If an appeal is brought from an action of the

meeting, the ballots shall be available for the inspection of the

commissioner. The board of canvass shall file a copy of such certificate

with each school superintendent in whose jurisdiction the central school

district, or any part thereof, is or may thereafterward be located, and

shall also file a copy thereof with the town clerk of each town in which

any part of such central school district is or may thereafterward be

located.

4. a. The trustee or board of trustees or education of each special

election district shall act as an election board for the conduct of the

election in such district. The sole trustee or president of the board

shall administer the challenges. If the president of the board is not

available, the board may elect any one of its members in his stead. If

no one is otherwise available or if during the course of the election it

becomes necessary for a trustee in a one-trustee district to absent

himself, the district superintendent of schools shall designate a voter

of the election district to carry out the duties of the election board.

Such board shall furnish a padlocked ballot box.

b. After the polls are closed, and after all persons within the room

have voted, the election board shall forthwith proceed to deliver to the

board of canvass at the place designated by the commissioner of

education the ballot box and the book containing the names of the

voters. Any wilful violation of this paragraph shall be a misdemeanor.

5. Upon an appeal to the commissioner of education, substantial

compliance with the procedures herein required shall be sufficient to

meet the intent of this section.

6. If the resolution described in subdivision two of this section

shall be defeated, no such elections or meeting shall again be called

within one year after such elections. If no elections or meeting shall

be called to reconsider the question within two years after such

original elections or if at any such elections or meeting called within

two years of such original elections the resolution shall again fail of

adoption, the order of the commissioner of education to which the

resolution relates shall be null and void and of no further force and

effect.

7. If at such election the resolution referred to in subdivision two

is adopted, the commissioner of education shall fix a time and place for

a special meeting of the qualified voters within the central school

district for the purpose of electing a board of education. The

commissioner shall cause notice of such meeting to be posted at least

ten days before the meeting in three conspicuous places in each former

school district wholly or partly within the central school district. In

addition to the posting of such notice, a copy thereof shall be

published at least three days before the meeting in a daily or weekly

newspaper published within the territory or in a newspaper circulating

therein. The expense of posting and publishing of the notice shall be

upon said central school district.

8. The commissioner of education may order such modifications in the

manner of voting on the resolution described in subdivision two of

section eighteen hundred three of this chapter and for the election

described in subdivision seven of this section as are customary in

school district elections in the community affected by such vote. Such

modifications may include the use of voting machines and the use of

nominating petitions.