N.Y. Education Law § 2609: Conduct of election; challenges

§ 2609. Conduct of election; challenges. 1. Such elections shall be

conducted, so far as may be, in accordance with the provisions of the

election law, relative to general elections, except as otherwise

provided herein. Ballot boxes shall be provided by the board of

education for each school election district, at least one to contain the

ballots voted and at least one other for the rejected or defective

ballots.

2. All persons whose names appear upon the register prepared for such

election as residing in such election district shall be permitted to

vote and shall be given ballots for such purpose.

Where the general election registers have been turned over to the

board of education, the board may require that the registers be used on

election day for the purpose of verifying the signature of each voter.

Where the board of elections, or other authority having lawful custody

of the register or registers, has elected to furnish certified registry

lists in place of the original registers, the board of education may

require that any voter offer evidence to prove his identity before being

permitted to vote. In such case, not less than ten days prior to

election day, the board shall establish reasonable rules and regulations

governing the evidence necessary to prove the identity of each voter.

3. Booths shall be provided and voters shall be required to enter such

booths for the purpose of marking their ballots. The ballots when

presented to the inspector shall be folded so as to conceal the names of

the candidates for whom the voter has voted.

4. All voters entitled to vote who are in the place where the election

is held at or before the time of closing the polls shall be allowed to

vote. The inspectors shall keep a poll list, containing the name and

address of each qualified elector who votes at such election for the

candidates or propositions voted for thereat.

4-a. (a) At each such election there shall be conspicuously placed, by

the inspectors of election, distance markers at a distance of one

hundred feet from the polling place. Such distance markers shall

indicate the prohibition contained in paragraph (b) of this subdivision

and shall be so placed at least one-half hour before the opening of the

polls and shall remain until the polls are closed.

(b) Where such markers are so placed and the polls are open, no person

shall do any electioneering within the polling place, or within one

hundred feet therefrom in any public street, or within such distance in

any place in a public manner and no banner, poster or placard on behalf

of or in opposition to any candidate or issue to be voted upon shall be

allowed in or upon the polling place or within one hundred feet

therefrom during the election. For the purposes of this subdivision, the

one hundred foot distance shall be deemed to include a one hundred foot

radial measured from the entrances, designated by the inspectors of

election, to a building where such election is being held. This section

shall not be deemed to prohibit the board of trustees or board of

education from displaying within any polling place a copy or copies of

any proposition to be voted upon.

(c) Any person who wilfully violates the provisions of paragraph (b)

of this subdivision shall be guilty of a misdemeanor.

5. Any qualified voter of a city school district may challenge the

right of a person to vote at the time when he requests a ballot. All

persons named upon the applicable register as having been challenged

prior to the day of the election shall also be challenged before they

are given ballots to vote. The chairman of the board of inspectors shall

administer to each person so challenged the following oath: "I do

solemnly swear (or affirm) that I am a citizen of the United States;

that I am of the age of eighteen years or more; that I have been an

inhabitant of the State for the past year, a resident of the county for

the past four months and for the thirty days past an actual resident of

this city school district and am therefore qualified to vote at this

election." If the person challenged so swears or affirms, he shall be

permitted to vote at such election; but if he shall refuse to so swear

or affirm, he shall not be given a ballot or be permitted to vote.

6. A person who wilfully swears or affirms falsely as to his right to

vote at such election after his right to vote has been challenged is

guilty of perjury and may be punished in the manner provided by law for

the punishment of such crime. A person who is not qualified to vote at

such election who shall vote thereat, although not challenged, shall be

guilty of a misdemeanor, punishable by a fine of not less than

twenty-five dollars, or by imprisonment for not less than thirty days,

or by both such fine and imprisonment.