§ 2609 — Conduct of election; challenges

New York § 2609

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 53: School Elections In City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants

Text

§ 2609. Conduct of election; challenges. 1. Such elections shall be\nconducted, so far as may be, in accordance with the provisions of the\nelection law, relative to general elections, except as otherwise\nprovided herein. Ballot boxes shall be provided by the board of\neducation for each school election district, at least one to contain the\nballots voted and at least one other for the rejected or defective\nballots.\n 2. All persons whose names appear upon the register prepared for such\nelection as residing in such election district shall be permitted to\nvote and shall be given ballots for such purpose.\n Where the general election registers have been turned over to the\nboard of education, the board may require that the registers be used on\nelection day for the purpose of verifying the signature of each voter.\nWhere the board of elections, or other authority having lawful custody\nof the register or registers, has elected to furnish certified registry\nlists in place of the original registers, the board of education may\nrequire that any voter offer evidence to prove his identity before being\npermitted to vote. In such case, not less than ten days prior to\nelection day, the board shall establish reasonable rules and regulations\ngoverning the evidence necessary to prove the identity of each voter.\n 3. Booths shall be provided and voters shall be required to enter such\nbooths for the purpose of marking their ballots. The ballots when\npresented to the inspector shall be folded so as to conceal the names of\nthe candidates for whom the voter has voted.\n 4. All voters entitled to vote who are in the place where the election\nis held at or before the time of closing the polls shall be allowed to\nvote. The inspectors shall keep a poll list, containing the name and\naddress of each qualified elector who votes at such election for the\ncandidates or propositions voted for thereat.\n 4-a. (a) At each such election there shall be conspicuously placed, by\nthe inspectors of election, distance markers at a distance of one\nhundred feet from the polling place. Such distance markers shall\nindicate the prohibition contained in paragraph (b) of this subdivision\nand shall be so placed at least one-half hour before the opening of the\npolls and shall remain until the polls are closed.\n (b) Where such markers are so placed and the polls are open, no person\nshall do any electioneering within the polling place, or within one\nhundred feet therefrom in any public street, or within such distance in\nany place in a public manner and no banner, poster or placard on behalf\nof or in opposition to any candidate or issue to be voted upon shall be\nallowed in or upon the polling place or within one hundred feet\ntherefrom during the election. For the purposes of this subdivision, the\none hundred foot distance shall be deemed to include a one hundred foot\nradial measured from the entrances, designated by the inspectors of\nelection, to a building where such election is being held. This section\nshall not be deemed to prohibit the board of trustees or board of\neducation from displaying within any polling place a copy or copies of\nany proposition to be voted upon.\n (c) Any person who wilfully violates the provisions of paragraph (b)\nof this subdivision shall be guilty of a misdemeanor.\n 5. Any qualified voter of a city school district may challenge the\nright of a person to vote at the time when he requests a ballot. All\npersons named upon the applicable register as having been challenged\nprior to the day of the election shall also be challenged before they\nare given ballots to vote. The chairman of the board of inspectors shall\nadminister to each person so challenged the following oath: "I do\nsolemnly swear (or affirm) that I am a citizen of the United States;\nthat I am of the age of eighteen years or more; that I have been an\ninhabitant of the State for the past year, a resident of the county for\nthe past four months and for the thirty days past an actual resident of\nthis city school district and am therefore qualified to vote at this\nelection." If the person challenged so swears or affirms, he shall be\npermitted to vote at such election; but if he shall refuse to so swear\nor affirm, he shall not be given a ballot or be permitted to vote.\n 6. A person who wilfully swears or affirms falsely as to his right to\nvote at such election after his right to vote has been challenged is\nguilty of perjury and may be punished in the manner provided by law for\nthe punishment of such crime. A person who is not qualified to vote at\nsuch election who shall vote thereat, although not challenged, shall be\nguilty of a misdemeanor, punishable by a fine of not less than\ntwenty-five dollars, or by imprisonment for not less than thirty days,\nor by both such fine and imprisonment.\n