Petitioner alleges that the failure to provide those voters with an affidavit and paper ballot was tantamount to denial of the right to vote. Finally, petitioner disputes respondent Fischer's contention that his supporters were electioneering within the poll markers, and alleges that his supporters were merely assisting Hispanic voters to cast ballots. Respondent board contends that it has adopted personal registration for voters pursuant to Education Law 2014. Once an individual has registered to vote with the school district, his name is placed on the school list. Respondent board denies that there were any election irregularities and contends that any individual whose name could not be found on any of the lists had the opportunity to attest to the fact that he is a qualified voter of the district and cast his vote by paper ballot on the forms that were available on tables in the auditorium.
Respondent notes that four persons voted in such a manner.
Respondent board also argues that even if there were election irregularities, petitioner has not met his burden of demonstrating that the outcome of the election would be different, based upon respondent board's contention that seven of the voter affidavits submitted by petitioner are invalid. Respondent board further argues that there is no way to ascertain how many of the individuals who signed petitioner's affidavits actually showed up to vote or waived their right to vote by leaving rather than waiting in a line to have their residency status verified. Respondent board also contends that petitioner's relatives and supporters were electioneering within the 100 foot markers and were, in general, disrupting the orderly conduct of the election. Petitioner has submitted 43 affidavits from individuals, which indicate that although they were registered, they were not permitted to vote. Petitioner would need to have 38 valid affidavits to show that the irregularity affected the outcome of the election.