Documents › Board of Education, 2026-02-12

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Also attached to this agenda item: Policy 1050--Annual District Election and Budget Vote... Policy 1230--Public Comment at Board Meetings FOR... Policy 2210--Board Organizational Meeting FOR SECOND... Policy 5420.1--Concussion Management FOR SECOND READING 2-12-26

2120.2 VOTING PROCEDURES Eligibility to Vote A person will be entitled to vote in any school district election and in all matters placed upon the official ballot, if such person is: 1. a citizen of the United States; 2. at least eighteen years of age; 3. a resident within the school district for a period of thirty days next preceding the election at which such person desires to vote; 4. qualified to register or is registered to vote in accord with section 5-106 of the Election Law which excludes: 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; and 5. will be listed upon current voter registration lists maintained by the Westchester County Board of Elections or properly registered to vote within the school district. Any person desiring to register to vote within the school district, who is not already registered to vote with the Westchester County Board of Elections, may register with the District Clerk during regular business hours or at other times established by the district. Such registration must be completed on or before the date of any vote. Challenges to voters believed unqualified to vote may be undertaken pursuant to Education Law provisions. As provided in section 2025 of the Education Law, each annual or special election or meeting will have a presiding chairperson appointed by the Board. Such chairperson will have the responsibility of properly handling any challenges to the qualification of any voter. Voting Voting machines will be used for recording the votes on all elections, budget votes, and votes on special propositions. The only exception to the use of voting machines will be a situation where the machines are unavailable due to mechanical failure or state or local law prohibiting their use. If this should arise, paper ballots will be used. Each voting machine will have at least two election inspectors appointed by the Board in attendance during all voting hours. It will be the duty of the District Clerk and assistant clerk or clerks to keep a poll list containing the name and legal residence of each person before such person is permitted to vote. Deleted: shall Deleted: shall Deleted: shall Deleted: shall Deleted: shall Deleted: shall Deleted: shall Entering a voting machine with another person is prohibited, except upon request of a voter, in which case an election inspector will 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 will not advise or induce such voter to vote on any proposition or candidate, and if the election inspector were to learn how the individual voted, the election inspector will never reveal the vote(s) recorded by the voter to any other person at any time. If voting for trustees of the Board through the use of a voting machine, a voter will be provided the opportunity to cast a write-in ballot by utilizing the write-device provided with the voting machine. If voting machines are not used for voting for trustees of the Board, paper ballots containing the names of nominated candidates will be provided by the Board. On a paper ballot, one blank space for each vacancy for which votes are being cast will be provided under the name of the last candidate for each office so that voters may vote for candidates who have not been nominated for the offices to be filled at the election. The writing in of a name in the blank space so provided will sufficiently indicate a vote. The district will not require a voter to place any other mark beside the name of a write-in candidate. Poll Watchers Any candidate for the position of member of the Board of Education may appoint between one and three persons to serve as a poll watcher during the vote. A poll watcher must be a qualified voter in the district or a qualified voter who is a New York State resident and is licensed to practice law, as certified by the candidate; a candidate may not serve as a poll watcher. The candidate must present a Poll Watchers Certificate to the District Clerk, signed by the candidate, no later than 4:00 p.m. on the Friday prior to the commencement of the school district meeting or election, stating the name and address of each poll watcher designated by the candidate. The District Clerk will submit all Poll Watcher Certificates to the Election Inspector on the day of the vote. A maximum of one (1) poll watcher for each candidate may be present at the polls at any time during the vote. The Election Inspector will establish a designated area in which poll watchers are to remain. A poll watcher may (a) arrive 15 minutes before opening to observe the opening of the polls; (b) review the ballot on the voting machine or the paper ballot to ensure its accuracy; (c) challenge individual voters on the basis of (i) residence, (ii) multiple voting, (iii) qualifications to vote, or (iv) electioneering; and (d) observe the closing of the polls and the final canvasses. A poll watcher may not electioneer in any manner, which term includes soliciting votes or distributing, wearing or carrying political literature, banners or buttons or clothing, or displaying refreshments showing a candidate’s or party’s name; tamper with election materials; interfere with the election process; protest a vote ruling; accompany a voter to the booth, or go near the voting booths or leave the designated area without notifying the Election Inspector and receiving permission from the Election Inspector to do so. Poll watchers may report any violations of voting processes they believe have occurred to the District Clerk or the Election Inspector. Deleted: shall Deleted: shall Deleted: shall Deleted: shall Absentee Ballots The Board provides for the use of absentee ballots for voting. Such ballots will be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. Applications for absentee ballots will be made available at the district office, on the district’s website, or will be sent by the District Clerk to qualified voters wishing to vote by absentee ballot, upon request, via first class or certified mail. The completed and signed application must be received by the District Clerk no earlier than thirty days prior to the election and at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. The individual must verify therein that they meet all voting requirements, and explain the reason for their inability to appear in person to vote. In particular, the individual must explain that they will be unable to appear to vote in person on the occurrence of the school district election because such voter expects to be: 1. absent from their county of residence; 2. unable to appear personally at the polling place because of illness or physical disability, or duties related to the primary care of one or more individuals who are ill or physically disabled, or because such voter will be or is a patient in a hospital; 3. a resident or patient in a veteran’s administration hospital; or 4. absent from such voter’s voting residence because such voter is detained in jail awaiting action by a grand jury or is awaiting trial; or is confined in jail or prison after conviction for an offense other than a felony, provided that such voter is qualified to vote in the election district of such voter’s residence. Early Mail Ballots Commencing January 1, 2024, the Board provides for the use of early mail ballots for voting. Such ballots will be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. Applications for early mail ballots will be made available at the district office, on the district’s website, or will be sent by the District Clerk to qualified voters wishing to vote by early mail ballot, upon request, via first class or certified mail. The completed and signed application must be received by the District Clerk no earlier than thirty days prior to the election and at least seven days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. The individual must verify therein that they meet all voting requirements. Proxy votes are not allowed. The district will request registration lists from the Board of Elections for those voters whose registration record has been marked “permanently disabled” and will automatically mail absentee ballots to such voters in advance of each district vote or election. Submission of Absentee Ballots and Early Mail Ballots Deleted: shall Deleted: shall Deleted: district clerk Deleted: meets Deleted: his/her Deleted: day Deleted: the voter will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability. A voter who claims permanent illness or physical disability may apply for an absentee ballot and the right to receive an absentee ballot for each election thereafter without further application by filing an application containing a statement setting forth the particulars of his/her permanent illness of disability with the Board of Elections… Deleted: the voter’s duties, occupation, business, or studies will require them to be outside of the county or city of his/her residence on such day… Deleted: the voter will be on vacation outside the county or city of his/her residence on such day… Deleted: the voter will be Deleted: ; Commented [NH1]: Changes made to conform the policy to the Section 2018-a of the Education Law as amended by Chapter 541 of the Laws of 2025. Deleted: shall Deleted: shall Deleted: district clerk Deleted: shall Deleted: shall Deleted: Main Absentee ballots and early mail ballots must be received in the office of the District Clerk no later than 5:00 p.m. on the date of the vote. Any ballot received after 5:00 p.m. on the day of the vote will not be counted. Canvassing and Tallying of Votes Upon the close of the polls, the District Clerk and the election inspectors will canvass and tally the votes cast on voting machines and absentee and early mail ballots received by the District Clerk no later than 5:00 p.m. on the day of the vote. The only persons who may be present during the canvassing and tallying of the votes are the District Clerk, the election inspectors, the District’s counsel, and no more one poll watcher for each of the candidates. Upon completion of the canvass and tallying of votes, the District Clerk or the chief election inspector will announce the preliminary results of the vote. Voting by Persons Whose Name Cannot Be Found on the List of Registered Voters or Registration Poll Ledger If a person presents themself to cast a ballot at any school district meeting or election, and the address at which they claim to live is within the district but their name cannot be found on the list of registered voters, that person will be permitted to vote only (1) upon presentation of a court order requiring that they be permitted to vote or (2) if the person requests, swears to and subscribes an affidavit stating that they have duly registered to vote, the address from which they registered, that they remain a duly qualified voter within the district and that their registration record appears to be lost or misplaced or that their name has been incorrectly omitted from the list of registered voters. The affidavit will be printed on an envelope and will contain an acknowledgement that the affiant understands that a false statement on the affidavit is perjury punishable by law. The voter will then be permitted to vote a paper ballot that will be placed in the envelope containing the affidavit, and the voter will seal the envelope and provide the sealed envelope to the District Clerk or the election inspector. Following the close of the polls, the District Clerk will ascertain, through consultation with the Westchester County Board of Elections, whether each affidavit ballot was cast by a person who was eligible to vote. The Board will designate itself or one or more of its employees to meet for the purpose of canvassing and casting the ballots of any voter for whom it is determined registration poll records were missing or whose names did not appear on the list of registered voters on the day of such meeting or election and who submitted an affidavit ballot at the meeting or election. Such meeting shall be held no later than ten (10) days after the date of the school district meeting or election. The manner in which such ballots will be reviewed, cast and canvassed will conform to the provisions of section 2019-a(2) and (3) of the Education Law. Written notice to candidates of the time and place designated for conducting the review, casting and canvassing of affidavit ballots and their right to attend and assert challenges to affidavit ballots will be provided as set forth in section 2019-a(2)(c) of the Education Law, and written notice to individuals whose ballots are rejected will be provided as set forth in section 2019-a(4) of the Education Law. Deleted: date The Board will certify the results of the school district meeting or election only after each affidavit ballot has been reviewed and the vote of each voter whose affidavit ballot has been accepted is included in the tally of votes of such school district meeting or election. Ref: Education Law §§2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2018-e; 2019; 2019-a; 2020; 2025; 2032(2)(e); 2034; 2035; 2037; 2603; 2607; 2610; 2613 Election Law §§3-224; 5-106; 5-612; 5-400; 8-500 Appeal of Tercynski, 64 Ed. Dept. Rep. Dec. No. 18,517 (2024) Appeal of the Board of Education of the Monticello Central School District, 62 Ed. Dept. Rep., Dec. No. 18,167 (2022) Appeal of Brown, 38 Ed. Dept. Rep. Dec. No. 14,151 (1999) Appeal of Fraser-McBride, 36 Ed. Dept. Rep. Dec. No. 13,783 (1997) Appeal of Heller, 34 Ed. Dept. Rep. Dec. No. 13,288 (1994) 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) Adoption date: November 14, 1994 Revised: March 14, 2013 March 7, 2024 ____________________ FOR SECOND READING 2-12-26 [RECOMMENDED REVISIONS SHOWN IN TRACK CHANGES] Deleted: ¶