Consequently, in view of the fact that petitioner's pleadings were originally served in a timely fashion, that petitioner served his pleadings upon respondent Fischer in the time period directed, and that any delay in this matter is minimal and has not prejudiced respondent Fischer, I will excuse petitioner's failure to commence this appeal against respondent Fischer in a timely manner. Concerning the merits of the appeal, petitioner contends that respondent board violated various provisions of Education Law ' 2018-a regarding absentee ballots. Specifically, petitioner maintains that respondent board failed to post and make available a list of all persons to whom absentee ballots had been issued and that such failure prevented him from having an opportunity to challenge any disputed ballots. The record before me indicates that respondent board had compiled a list of persons to whom absentee ballots had been issued, and, on the day of the election, the list was placed in a folder on a desk used by the chief election inspector. Respondents contend that the placement of the list as described satisfies the statutory requirement for posting of such list.
Respondents are wrong.
Placement of the list in a folder on the desk of the election inspector does not satisfy the requirement that the list be posted in a conspicuous place. Respondents' claim that they complied with the law is particularly disingenuous in view of respondent board's written policy, which prohibits anyone but election officials to remain at the desks of election inspectors. The maintenance of the list of persons to whom absentee ballots had been issued in a folder at a location to which respondent board had restricted access effectively prevented petitioner and others from having a reasonable opportunity to challenge any disputed absentee ballots at the time of the election. Petitioner also challenges action taken by respondent board at the time the absentee ballots were examined. Apparently concerned with maintaining a calm atmosphere while the ballots were being canvassed, respondent board used two policemen to keep people away from the table where the ballots were being examined.