2023 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
  title,  whichever  shall apply, and early mail ballots as provided under

  section two thousand eighteen-e  or  two  thousand  eighteen-f  of  this
  title, 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.