1. The Laws of New York
  2. Consolidated Laws
  3. Education
  4. Title 2: School District Organization
  5. Article 53: School Elections In City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants


Section 2608 Nomination and ballot

Education (EDN)

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.