Eligibility to Vote
A person shall be entitled to vote at any school district meeting for election of members of the Board of Education, and upon all matters which may be brought before such meeting, who is:
1. a citizen of the United States; and
2. at least 18 years of age; and
3. a resident within the school district for a period of at least thirty days immediately preceding the election/vote at which such person desires to vote.
For purposes of Section 2012 of the Education Law, an individual may have only one legal residence or domicile and that is where the individual intends to have his/her permanent residence. Ownership of property, such as a weekend home, does not confer upon the property owner the right to vote in school district elections/votes.
Any person who would not be qualified to register or vote under the provisions of section 5-106 of the Election Law shall not have the right to register for or vote in an election/vote, including:
a) those convicted felons who have not been pardoned or had their rights of citizenship restored; those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole;
b) persons adjudged mentally incompetent by a court.
In addition to the above, personal registration is required of any qualified resident who wishes to vote at school district elections/votes. Qualified residents are deemed registered to vote in a school district election/vote if they are registered to vote with the County Board of Elections. All other qualified residents must have personally registered to vote prior to the school district election/vote in accordance with the provisions of Section 2014 of the Education Law.
Qualified voters may register to vote at the Office of the District Clerk and the Business Office, located at the District’s Administrative Offices during regular business hours (9 AM to 4 PM) on days when school is in session (September through June) and on regular business days during the summer months (July and August) (9 AM to 3 PM). The individual seeking to register to vote will be required to provide proof of qualification, which may include one or more of the following items at the District’s discretion: driver’s license with picture, non-driver identification card with picture, passport, lease agreement, deed plus utility bill, and/or redacted copy of income tax return.
Challenges to voters believed unqualified may be undertaken pursuant to Education Law provisions. As provided in Section 205 of the Education Law, the presiding chairman appointed by the Board shall have the responsibility of properly handling any challenges to the qualification of any voter at each annual or special lection/vote.
If a person claiming to be a district resident presents him/herself and offers to vote but his/her name does not appear on the list of registered voters, that person may be permitted to vote only if:
a) the person presents a court order requiring that he/she be permitted to vote; or
b) the person swears in an affidavit pursuant to Section 2019-a of the Education Law that he/she has duly registered to vote, remains a qualified voter, resides in the District, that his/her registration record appears to be lost or misplaced. Upon submission of a properly signed and notarized affidavit, the individual will be permitted to vote by paper ballot.
Voting machines will be used for recording the votes on all elections, budget votes, and votes on propositions. In the event of an emergency whereby the machines are unavailable or are malfunctioning or the use of machines are prohibited by state or local law, paper ballots may be used.
Each voting machine shall have at least one clerk and one election inspector appointed by the Board in attendance during all voting hours. It shall be the duty of each clerk to keep a poll list containing the names, signatures and legal residence address of each person before such person is permitted to vote.
Entering a voting machine with another person is prohibited, except upon request from a voter, in which case an election inspector shall be allowed to enter the voting machine with that voter for the sole purpose of assisting that person in the actual manipulation of the voting machine. The election inspector shall not advise or induce such voter to vote on any proposition or candidate, and the election inspector shall never reveal the vote(s) recorded by the voter to any other person at any time.
Write-in ballots are permissible, when applicable, by utilizing the write-in device provided with the voting machine. Paper ballots containing the names of nominated candidates and positions, if any, will be provided by the Board. A blank space or spaces shall be provided under the name of the candidates for write-in votes. The number of blank spaces must equal the number of vacancies available. The writing in of a name in the blank space(s) provided will indicate a vote. It is not necessary for a voter to place any other mark beside the name of a write-in candidate.
Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019; 2019-a; 2020; 2025; 2032(2)(e); 2035; 2037; 2603; 2610; 2613
Election Law §§3-224; 5-106; 5-612; 5-400; 5-406
Matter of Rodriguez, 31 EDR 471 (1992)
Matter of Gresty, 31 EDR 90 (1991)
Matter of Ferro, 25 EDR 175 (1985)
Matter of Manno and Maloney, 23 EDR 172 (1983)
Matter of Yost, 21 EDR 140 (1981)
Matter of Alpert and Helmer, 20 EDR 281 (1980)
Matter of Reigler and Barton, 16 EDR 256 (1977)
Appeal of Klein, Decision No. 15,738 (2008)