§ 1803-A — Alternative voting procedure

§ 1803-a. Alternative voting procedure. 1. When an order laying out a\ncentral school district has been made and entered as provided in section\neighteen hundred one of this chapter, and the petitions referred to in\nparagraph a of subdivision one of section eighteen hundred two thereof\nhave been, or are being, presented and filed with the commissioner, a\nsecond petition may be presented by persons qualified to vote in any\nschool district, all of which is included in the area of the central\nschool district as laid out by such order, and which school district at\nthe time of such order maintained its own schoolhouse. Such second\npetition may request the alternative voting procedure authorized by this\nsection, and shall be signed by at least one hundred qualified voters of\nsuch district or by a number of such qualified voters equal to at least\nten per centum of the pupils of such district as determined by the last\nschool census, whichever shall be less; provided, however, that such\nsecond petition must, in any event, contain not less than ten\nsignatures. Such second petition shall be filed with the commissioner at\nthe same time as the first petition is filed. If the commissioner is\nsatisfied that both petitions have been duly signed as provided by law,\nhe shall fix a time and place for an election of the qualified voters\nwithin the central school district, which said election shall be held\nnot more than thirty days after the filing of the petitions aforesaid.\nThe commissioner shall cause notice of such election to be posted at\nleast ten days prior thereto in three conspicuous places in each school\ndistrict wholly or partly within the central school district. In\naddition to the posting of such notice, a copy thereof shall be\npublished at least three days before the election in a daily or weekly\nnewspaper published within the territory or in a newspaper circulating\ntherein. The expense of posting and publishing of the notice shall be\nborne equally by the several school districts within the territory,\nunless a central school district is organized, in which event such\nexpense shall become a charge upon said central school district.\n 2. Elections for the establishment of a central school district under\nthe provisions of this section shall be conducted as follows:\n a. They shall take place on a day and at a place designated by the\ncommissioner for a vote by all the qualified voters within the central\nschool district, except as otherwise provided in paragraph b of this\nsubdivision.\n b. The qualified voters of any school district from which a second\npetition pursuant to subdivision one of this section has been received,\nshall vote on the designated day at the principal schoolhouse located in\nsuch district. Such petitioning district shall be known as a special\nelection district.\n c. The election shall take place during at least four consecutive\nhours between the hours of seven o'clock in the forenoon and ten o'clock\nin the evening, as determined by the commissioner of education.\n d. The ballots for the election shall be furnished by the commissioner\nof education and shall contain a resolution in substantially the\nfollowing form: "Resolved that the ........... central school district\n(add designation) as described in the order of the commissioner of\neducation be organized and a central school for instruction in\nelementary and high school subjects be established."\n e. Before each person casts his ballot he shall be required to sign a\nstatement contained in a poll book provided for the purpose, declaring\nthat he is a qualified voter within the central school district.\n f. Provision shall be made for the use of absentee ballots as provided\nunder section two thousand eighteen-a or two thousand eighteen-b of this\ntitle, whichever shall apply, and early mail ballots as provided under\nsection two thousand eighteen-e or two thousand eighteen-f of this\ntitle, whichever shall apply.\n 3. The commissioner shall appoint a board of canvass whose duty it\nshall be to act as a board of elections at the central voting place\ndesignated by the commissioner pursuant to paragraph a of subdivision\ntwo of this section, and also to act as a board of canvass for the\nentire area included in the central school district, including any\ndistrict petitioning pursuant to subdivision one of this section. Such\nboard shall, as soon as the ballot boxes and books containing the names\nof the voters have been delivered to the board of canvass at the place\ndesignated by the commissioner, count the ballots of all those voting in\nthe central school district. Prior to ascertaining the manner in which\nany voter has marked a ballot, the number of ballots from the central\nvoting place and each special election district shall be counted\nseparately without opening them and if the number does not correspond\nwith the number of names contained in the poll book of such central\nvoting place or special election district, the board before canvassing\nthe ballots, shall withdraw therefrom a number sufficient to make the\nnumber of ballots correspond with the number of names in the poll book.\nSuch board shall then canvass the vote of the central voting place and\nof each special election district separately and certify to the\ncommissioner the total number of votes cast at the central voting place\nand at each special election district, the number of valid votes cast\nfor the organization, the number of valid votes cast against the\norganization, the number of void ballots and the number of blank\nballots. A majority of the valid votes cast at the central voting place\nand at each special election district shall be necessary to establish\nthe central school district. The board of canvass shall seal the books\nand the ballots immediately upon the completion of the certificate,\nsetting forth the result and shall retain them in its possession for at\nleast thirty days. If an appeal is brought from an action of the\nmeeting, the ballots shall be available for the inspection of the\ncommissioner. The board of canvass shall file a copy of such certificate\nwith each school superintendent in whose jurisdiction the central school\ndistrict, or any part thereof, is or may thereafterward be located, and\nshall also file a copy thereof with the town clerk of each town in which\nany part of such central school district is or may thereafterward be\nlocated.\n 4. a. The trustee or board of trustees or education of each special\nelection district shall act as an election board for the conduct of the\nelection in such district. The sole trustee or president of the board\nshall administer the challenges. If the president of the board is not\navailable, the board may elect any one of its members in his stead. If\nno one is otherwise available or if during the course of the election it\nbecomes necessary for a trustee in a one-trustee district to absent\nhimself, the district superintendent of schools shall designate a voter\nof the election district to carry out the duties of the election board.\nSuch board shall furnish a padlocked ballot box.\n b. After the polls are closed, and after all persons within the room\nhave voted, the election board shall forthwith proceed to deliver to the\nboard of canvass at the place designated by the commissioner of\neducation the ballot box and the book containing the names of the\nvoters. Any wilful violation of this paragraph shall be a misdemeanor.\n 5. Upon an appeal to the commissioner of education, substantial\ncompliance with the procedures herein required shall be sufficient to\nmeet the intent of this section.\n 6. If the resolution described in subdivision two of this section\nshall be defeated, no such elections or meeting shall again be called\nwithin one year after such elections. If no elections or meeting shall\nbe called to reconsider the question within two years after such\noriginal elections or if at any such elections or meeting called within\ntwo years of such original elections the resolution shall again fail of\nadoption, the order of the commissioner of education to which the\nresolution relates shall be null and void and of no further force and\neffect.\n 7. If at such election the resolution referred to in subdivision two\nis adopted, the commissioner of education shall fix a time and place for\na special meeting of the qualified voters within the central school\ndistrict for the purpose of electing a board of education. The\ncommissioner shall cause notice of such meeting to be posted at least\nten days before the meeting in three conspicuous places in each former\nschool district wholly or partly within the central school district. In\naddition to the posting of such notice, a copy thereof shall be\npublished at least three days before the meeting in a daily or weekly\nnewspaper published within the territory or in a newspaper circulating\ntherein. The expense of posting and publishing of the notice shall be\nupon said central school district.\n 8. The commissioner of education may order such modifications in the\nmanner of voting on the resolution described in subdivision two of\nsection eighteen hundred three of this chapter and for the election\ndescribed in subdivision seven of this section as are customary in\nschool district elections in the community affected by such vote. Such\nmodifications may include the use of voting machines and the use of\nnominating petitions.\n