N.Y.
Education Law Section 2035
Use of voting machines at school district meetings or elections
1.
If the trustees or board of education of any school district shall so determine, voting machines may be used for recording the vote on elections and questions, or either, at the school district meetings or elections, annual and special, or either, in such district. Before any such machine is used at any such meeting or election, the inspectors of election shall examine it and see that all the counters are set at zero (000) and that the ballot labels are properly placed, and that the machine is in all respects in proper condition for use. The use of such machine shall be deemed a compliance with any provision of law requiring the vote to be by ballot. Such trustees or board of education, with district funds available, may purchase the necessary voting machine or machines; or, if the county board of elections shall consent thereto, such machines belonging to the county or belonging to the town in which any part of said school district shall be located, may be used at any such meeting, the expense of delivery and returning and setting up, and any other expense connected therewith, to be defrayed by the school district; but such machines belonging to the county shall not be so used at the time or times when they may be required under the election law.2.
In common school districts the manner of making nominations or submitting propositions by anyone other than the trustees and in union free school districts the manner of submitting propositions by anyone other than the board of education for the purpose of preparing ballots for the machine shall be prescribed by a rule previously adopted by the trustees or board of education; provided, however, that the petition, certificate, declaration, notice or other paper required by such rule, for the making of any such nomination or submission, except as to a question or proposition required by law to be stated in the published or posted notice of the meeting shall be filed with the trustees or board of education not later than thirty days before the meeting or election. Any nomination may be rejected by the trustees if the candidate is ineligible for the office or has declared his unwillingness to serve; any proposition may be rejected by the trustees or board of education if the purpose of the proposition is not within the power of the voters, or where the expenditure of moneys is required by the proposition, if the proposition fails to include the necessary specific appropriation. Any such rule may be amended from time to time and may state that a reasonable minimum number of signatures shall be required for submission. The trustees or board of education shall cause such rule, and amendments from time to time, to be printed for general distribution in the district. Provided, however, that the provisions of any special law relating to nominations and elections in any union free school district shall continue to remain in force, and the manner of making nominations and the conduct of meetings and elections, shall conform to such special law.3.
Any proposition submitted pursuant to this section shall be subject to the requirements set forth in subdivision nine of section two thousand twenty-three-a of this part.
Source:
Section 2035 — Use of voting machines at school district meetings or elections, https://www.nysenate.gov/legislation/laws/EDN/2035 (updated Apr. 19, 2019; accessed Oct. 26, 2024).
