N.Y. Education Law Section 2609
Conduct of election

  • challenges


Such elections shall be conducted, so far as may be, in accordance with the provisions of the election law, relative to general elections, except as otherwise provided herein. Ballot boxes shall be provided by the board of education for each school election district, at least one to contain the ballots voted and at least one other for the rejected or defective ballots.


All persons whose names appear upon the register prepared for such election as residing in such election district shall be permitted to vote and shall be given ballots for such purpose. Where the general election registers have been turned over to the board of education, the board may require that the registers be used on election day for the purpose of verifying the signature of each voter. Where the board of elections, or other authority having lawful custody of the register or registers, has elected to furnish certified registry lists in place of the original registers, the board of education may require that any voter offer evidence to prove his identity before being permitted to vote. In such case, not less than ten days prior to election day, the board shall establish reasonable rules and regulations governing the evidence necessary to prove the identity of each voter.


Booths shall be provided and voters shall be required to enter such booths for the purpose of marking their ballots. The ballots when presented to the inspector shall be folded so as to conceal the names of the candidates for whom the voter has voted.


All voters entitled to vote who are in the place where the election is held at or before the time of closing the polls shall be allowed to vote. The inspectors shall keep a poll list, containing the name and address of each qualified elector who votes at such election for the candidates or propositions voted for thereat. 4-a.


At each such election there shall be conspicuously placed, by the inspectors of election, distance markers at a distance of one hundred feet from the polling place. Such distance markers shall indicate the prohibition contained in paragraph (b) of this subdivision and shall be so placed at least one-half hour before the opening of the polls and shall remain until the polls are closed.


Where such markers are so placed and the polls are open, no person shall do any electioneering within the polling place, or within one hundred feet therefrom in any public street, or within such distance in any place in a public manner and no banner, poster or placard on behalf of or in opposition to any candidate or issue to be voted upon shall be allowed in or upon the polling place or within one hundred feet therefrom during the election. For the purposes of this subdivision, the one hundred foot distance shall be deemed to include a one hundred foot radial measured from the entrances, designated by the inspectors of election, to a building where such election is being held. This section shall not be deemed to prohibit the board of trustees or board of education from displaying within any polling place a copy or copies of any proposition to be voted upon.


Any person who wilfully violates the provisions of paragraph (b) of this subdivision shall be guilty of a misdemeanor.


Any qualified voter of a city school district may challenge the right of a person to vote at the time when he requests a ballot. All persons named upon the applicable register as having been challenged prior to the day of the election shall also be challenged before they are given ballots to vote. The chairman of the board of inspectors shall administer to each person so challenged the following oath: “I do solemnly swear (or affirm) that I am a citizen of the United States; that I am of the age of eighteen years or more; that I have been an inhabitant of the State for the past year, a resident of the county for the past four months and for the thirty days past an actual resident of this city school district and am therefore qualified to vote at this election.” If the person challenged so swears or affirms, he shall be permitted to vote at such election; but if he shall refuse to so swear or affirm, he shall not be given a ballot or be permitted to vote.


A person who wilfully swears or affirms falsely as to his right to vote at such election after his right to vote has been challenged is guilty of perjury and may be punished in the manner provided by law for the punishment of such crime. A person who is not qualified to vote at such election who shall vote thereat, although not challenged, shall be guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars, or by imprisonment for not less than thirty days, or by both such fine and imprisonment.

Source: Section 2609 — Conduct of election; challenges, https://www.­nysenate.­gov/legislation/laws/EDN/2609 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 2609’s source at nysenate​.gov

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