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This entry was published on 2022-08-05
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Nomination and ballot
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 53
§ 2608. Nomination and ballot. 1. Candidates for members of the board
of education in a city school district shall be nominated by petition
directed to the board of education and signed by at least one hundred
persons qualified to vote at school elections in such district. Such
petition shall contain the names and residences of the candidates for
the vacancies in the board of education to be filled at the annual
election. Where a proposition has been adopted by the voters of such
district to require that each vacancy on the board of education to be
filled shall be considered a separate specific office, a separate
petition shall be required to nominate a candidate to each separate
office and such petition shall describe the specific vacancy on the
board of education for which the candidate is nominated, which
description shall include at least the length of the term of office and
the name of the last incumbent, if any. Such petitions shall be filed in
the office of the clerk of the board of education between the hours of
nine a.m. and five p.m., on or before the twentieth day preceding the
day of the annual election. The clerk shall refuse to accept petitions
signed by an insufficient number of qualified voters, or petitions which
are not timely. If a candidate for whom a nominating petition for the
office of member of a board of education has been duly filed withdraws
such petition, dies or becomes otherwise ineligible to hold such office
at a time which is later than fifteen days before the last day for the
filing of nominating petitions as provided in this subdivision, the time
for filing nominating petitions for such office shall be extended to
five p.m. on the fifteenth day after the date on which the candidate
withdrew, died or otherwise became ineligible to hold such office,
provided that no such nominating petition may be filed after five p.m.
on the seventh day preceding the election.

2. The board of education shall cause to be printed official ballots
containing the names of all candidates as above provided, except that
the board may refuse to have the names of ineligible candidates placed
on such ballots. The names of the candidates shall be arranged in the
order as determined by the drawing by lot in accordance with the
provisions of paragraph b of subdivision two of section two thousand
thirty-two of this law. Blank spaces shall be provided so that voters
may vote for candidates who have not been nominated for the offices to
be filled at such elections. The form of such ballots shall conform
substantially to the form of ballots used at general elections as
prescribed in the election law. Such ballots shall be printed at the
expense of the city school district.

3. There shall be delivered to the inspectors in each school election
district on the day of the annual election, before the opening of the
polls therein, a supply of such ballots which shall at least equal the
number of qualified voters entitled to vote in such district.

4. Such ballots shall have printed thereon instructions as to the
marking of the ballots and the number of candidates for the several
offices for which a voter is permitted to vote.

5. If official ballots are not furnished as above provided, an
election of members of a board of education in a city school district
shall not be declared invalid or illegal because of the use of ballots
which do not conform to the requirements of this section or of the
provisions of the election law, provided the intent of the voter may be
ascertained from the use of such irregular or defective ballots and such
use was not fraudulent and did not substantially affect the result of
the election.