N.Y. Education Law § 2035: Use of voting machines at school district meetings or elections

§ 2035. Use of voting machines at school district meetings or

elections. 1. If the trustees or board of education of any school

district shall so determine, voting machines may be used for recording

the vote on elections and questions, or either, at the school district

meetings or elections, annual and special, or either, in such district.

Before any such machine is used at any such meeting or election, the

inspectors of election shall examine it and see that all the counters

are set at zero (000) and that the ballot labels are properly placed,

and that the machine is in all respects in proper condition for use. The

use of such machine shall be deemed a compliance with any provision of

law requiring the vote to be by ballot. Such trustees or board of

education, with district funds available, may purchase the necessary

voting machine or machines; or, if the county board of elections shall

consent thereto, such machines belonging to the county or belonging to

the town in which any part of said school district shall be located, may

be used at any such meeting, the expense of delivery and returning and

setting up, and any other expense connected therewith, to be defrayed by

the school district; but such machines belonging to the county shall not

be so used at the time or times when they may be required under the

election law.

2. In common school districts the manner of making nominations or

submitting propositions by anyone other than the trustees and in union

free school districts the manner of submitting propositions by anyone

other than the board of education for the purpose of preparing ballots

for the machine shall be prescribed by a rule previously adopted by the

trustees or board of education; provided, however, that the petition,

certificate, declaration, notice or other paper required by such rule,

for the making of any such nomination or submission, except as to a

question or proposition required by law to be stated in the published or

posted notice of the meeting shall be filed with the trustees or board

of education not later than thirty days before the meeting or election.

Any nomination may be rejected by the trustees if the candidate is

ineligible for the office or has declared his unwillingness to serve;

any proposition may be rejected by the trustees or board of education if

the purpose of the proposition is not within the power of the voters, or

where the expenditure of moneys is required by the proposition, if the

proposition fails to include the necessary specific appropriation. Any

such rule may be amended from time to time and may state that a

reasonable minimum number of signatures shall be required for

submission. The trustees or board of education shall cause such rule,

and amendments from time to time, to be printed for general distribution

in the district. Provided, however, that the provisions of any special

law relating to nominations and elections in any union free school

district shall continue to remain in force, and the manner of making

nominations and the conduct of meetings and elections, shall conform to

such special law.

3. Any proposition submitted pursuant to this section shall be subject

to the requirements set forth in subdivision nine of section two

thousand twenty-three-a of this part.