NY Educ L § 1803-A (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 37 - Central School Districts 1803-A - Alternative Voting Procedure.

§  1803-a. Alternative voting procedure. 1. When an order laying out a   central school district has been made and entered as provided in section   eighteen hundred one of this chapter, and the petitions referred  to  in   paragraph  a  of subdivision one of section eighteen hundred two thereof   have been, or are being, presented and filed with  the  commissioner,  a   second  petition  may  be  presented by persons qualified to vote in any   school district, all of which is included in the  area  of  the  central   school  district as laid out by such order, and which school district at   the time of such order  maintained  its  own  schoolhouse.  Such  second   petition may request the alternative voting procedure authorized by this   section, and shall be signed by at least one hundred qualified voters of   such  district or by a number of such qualified voters equal to at least   ten per centum of the pupils of such district as determined by the  last   school  census,  whichever  shall  be less; provided, however, that such   second  petition  must,  in  any  event,  contain  not  less  than   ten   signatures. Such second petition shall be filed with the commissioner at   the  same  time  as  the first petition is filed. If the commissioner is   satisfied that both petitions have been duly signed as provided by  law,   he  shall  fix  a time and place for an election of the qualified voters   within the central school district, which said election  shall  be  held   not  more  than thirty days after the filing of the petitions aforesaid.   The commissioner shall cause notice of such election  to  be  posted  at   least  ten days prior thereto in three conspicuous places in each school   district wholly  or  partly  within  the  central  school  district.  In   addition  to  the  posting  of  such  notice,  a  copy  thereof shall be   published at least three days before the election in a daily  or  weekly   newspaper  published  within the territory or in a newspaper circulating   therein. The expense of posting and publishing of the  notice  shall  be   borne  equally  by  the  several  school districts within the territory,   unless a central school district  is  organized,  in  which  event  such   expense shall become a charge upon said central school district.2.  Elections for the establishment of a central school district under   the provisions of this section shall be conducted as follows:a. They shall take place on a day and at a  place  designated  by  the   commissioner  for  a vote by all the qualified voters within the central   school district, except as otherwise provided in  paragraph  b  of  this   subdivision.b.  The  qualified  voters  of any school district from which a second   petition pursuant to subdivision one of this section has been  received,   shall vote on the designated day at the principal schoolhouse located in   such  district.  Such  petitioning  district shall be known as a special   election district.c. The election shall take place  during  at  least  four  consecutive   hours between the hours of seven o'clock in the forenoon and ten o'clock   in the evening, as determined by the commissioner of education.d. The ballots for the election shall be furnished by the commissioner   of  education  and  shall  contain  a  resolution  in  substantially the   following form: "Resolved that the ........... central  school  district   (add  designation)  as  described  in  the  order of the commissioner of   education  be  organized  and  a  central  school  for  instruction   in   elementary and high school subjects be established."e.  Before each person casts his ballot he shall be required to sign a   statement contained in a poll book provided for the  purpose,  declaring   that he is a qualified voter within the central school district.f. Provision shall be made for the use of absentee ballots as provided   under section two thousand eighteen-a or two thousand eighteen-b of this   chapter, whichever shall apply. 3.  The  commissioner  shall  appoint a board of canvass whose duty it   shall be to act as a board of elections  at  the  central  voting  place   designated  by  the  commissioner pursuant to paragraph a of subdivision   two of this section, and also to act as  a  board  of  canvass  for  the   entire  area  included  in  the  central  school district, including any   district petitioning pursuant to subdivision one of this  section.  Such   board  shall, as soon as the ballot boxes and books containing the names   of the voters have been delivered to the board of canvass at  the  place   designated by the commissioner, count the ballots of all those voting in   the  central  school district. Prior to ascertaining the manner in which   any voter has marked a ballot, the number of ballots  from  the  central   voting  place  and  each  special  election  district  shall  be counted   separately without opening them and if the number  does  not  correspond   with  the  number  of  names  contained in the poll book of such central   voting place or special election district, the board  before  canvassing   the  ballots,  shall  withdraw therefrom a number sufficient to make the   number of ballots correspond with the number of names in the poll  book.   Such  board  shall then canvass the vote of the central voting place and   of  each  special  election  district  separately  and  certify  to  the   commissioner  the total number of votes cast at the central voting place   and at each special election district, the number of  valid  votes  cast   for  the  organization,  the  number  of  valid  votes  cast against the   organization, the number  of  void  ballots  and  the  number  of  blank   ballots.  A majority of the valid votes cast at the central voting place   and at each special election district shall be  necessary  to  establish   the  central  school district. The board of canvass shall seal the books   and the ballots immediately upon  the  completion  of  the  certificate,   setting  forth the result and shall retain them in its possession for at   least thirty days. If an  appeal  is  brought  from  an  action  of  the   meeting,  the  ballots  shall  be  available  for  the inspection of the   commissioner. The board of canvass shall file a copy of such certificate   with each school superintendent in whose jurisdiction the central school   district, or any part thereof, is or may thereafterward be located,  and   shall also file a copy thereof with the town clerk of each town in which   any  part  of  such  central school district is or may thereafterward be   located.4. a. The trustee or board of trustees or education  of  each  special   election  district shall act as an election board for the conduct of the   election in such district. The sole trustee or president  of  the  board   shall  administer  the  challenges. If the president of the board is not   available, the board may elect any one of its members in his  stead.  If   no one is otherwise available or if during the course of the election it   becomes  necessary  for  a  trustee  in a one-trustee district to absent   himself, the district superintendent of schools shall designate a  voter   of  the election district to carry out the duties of the election board.   Such board shall furnish a padlocked ballot box.b. After the polls are closed, and after all persons within  the  room   have voted, the election board shall forthwith proceed to deliver to the   board  of  canvass  at  the  place  designated  by  the  commissioner of   education the ballot box and  the  book  containing  the  names  of  the   voters. Any wilful violation of this paragraph shall be a misdemeanor.5.  Upon  an  appeal  to  the  commissioner  of education, substantial   compliance with the procedures herein required shall  be  sufficient  to   meet the intent of this section.6.  If  the  resolution  described  in subdivision two of this section   shall be defeated, no such elections or meeting shall  again  be  called   within  one  year after such elections. If no elections or meeting shall   be called to  reconsider  the  question  within  two  years  after  such    original  elections or if at any such elections or meeting called within   two years of such original elections the resolution shall again fail  of   adoption,  the  order  of  the  commissioner  of  education to which the   resolution  relates  shall  be null and void and of no further force and   effect.7. If at such election the resolution referred to in  subdivision  two   is adopted, the commissioner of education shall fix a time and place for   a  special  meeting  of  the  qualified voters within the central school   district  for  the  purpose  of  electing  a  board  of  education.  The   commissioner  shall  cause  notice of such meeting to be posted at least   ten days before the meeting in three conspicuous places in  each  former   school  district wholly or partly within the central school district. In   addition to the  posting  of  such  notice,  a  copy  thereof  shall  be   published  at  least  three days before the meeting in a daily or weekly   newspaper published within the territory or in a  newspaper  circulating   therein.  The  expense  of posting and publishing of the notice shall be   upon said central school district.8. The commissioner of education may order such modifications  in  the   manner  of  voting  on  the  resolution  described in subdivision two of   section eighteen hundred three of this  chapter  and  for  the  election   described  in  subdivision  seven  of  this  section as are customary in   school district elections in the community affected by such  vote.  Such   modifications  may  include  the  use  of voting machines and the use of   nominating petitions.