N.Y. Education Law § 2608: Nomination and ballot

§ 2608. Nomination and ballot. 1. Candidates for members of the board

of education in a city school district shall be nominated by petition

directed to the board of education and signed by at least one hundred

persons qualified to vote at school elections in such district. Such

petition shall contain the names and residences of the candidates for

the vacancies in the board of education to be filled at the annual

election. Where a proposition has been adopted by the voters of such

district to require that each vacancy on the board of education to be

filled shall be considered a separate specific office, a separate

petition shall be required to nominate a candidate to each separate

office and such petition shall describe the specific vacancy on the

board of education for which the candidate is nominated, which

description shall include at least the length of the term of office and

the name of the last incumbent, if any. Such petitions shall be filed in

the office of the clerk of the board of education between the hours of

nine a.m. and five p.m., on or before the twentieth day preceding the

day of the annual election. The clerk shall refuse to accept petitions

signed by an insufficient number of qualified voters, or petitions which

are not timely. If a candidate for whom a nominating petition for the

office of member of a board of education has been duly filed withdraws

such petition, dies or becomes otherwise ineligible to hold such office

at a time which is later than fifteen days before the last day for the

filing of nominating petitions as provided in this subdivision, the time

for filing nominating petitions for such office shall be extended to

five p.m. on the fifteenth day after the date on which the candidate

withdrew, died or otherwise became ineligible to hold such office,

provided that no such nominating petition may be filed after five p.m.

on the seventh day preceding the election.

2. The board of education shall cause to be printed official ballots

containing the names of all candidates as above provided, except that

the board may refuse to have the names of ineligible candidates placed

on such ballots. The names of the candidates shall be arranged in the

order as determined by the drawing by lot in accordance with the

provisions of paragraph b of subdivision two of section two thousand

thirty-two of this law. Blank spaces shall be provided so that voters

may vote for candidates who have not been nominated for the offices to

be filled at such elections. The form of such ballots shall conform

substantially to the form of ballots used at general elections as

prescribed in the election law. Such ballots shall be printed at the

expense of the city school district.

3. There shall be delivered to the inspectors in each school election

district on the day of the annual election, before the opening of the

polls therein, a supply of such ballots which shall at least equal the

number of qualified voters entitled to vote in such district.

4. Such ballots shall have printed thereon instructions as to the

marking of the ballots and the number of candidates for the several

offices for which a voter is permitted to vote.

5. If official ballots are not furnished as above provided, an

election of members of a board of education in a city school district

shall not be declared invalid or illegal because of the use of ballots

which do not conform to the requirements of this section or of the

provisions of the election law, provided the intent of the voter may be

ascertained from the use of such irregular or defective ballots and such

use was not fraudulent and did not substantially affect the result of

the election.