Migrating to a paper-ballot election and the associated steps and considerations are outlined for the Board s consideration below.
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1 Elizabethtown-Lewis CSD PAPER BALLOT VOTING Action Plan for Spring 2016 At last month s regular monthly meeting the Board of Education commissioned the Superintendent and District Clerk to create an action plan for implementing a paper-ballot election this coming May. Effective this school year, lever voting machines are no longer permitted to be utilized in school district budget votes and elections; our lever voting machine, therefore, is no longer able to be used during the Annual School Budget Vote and Election on May 17 th. Migrating to a paper-ballot election and the associated steps and considerations are outlined for the Board s consideration below. 1) Consult school districts currently using paper ballots [completed]. In formulating this action plan we consulted with the NYSCOSS, NYSSBA, Keene Central School and Westport Central School. 2) Recommend revisions to District Policy pertaining to voting procedures [proposed for action on tonight s agenda]. 3) Draft a set of administrative procedures for using paper ballot for voting including methods for accurate counting of ballots [proposed for consideration on tonight s agenda]. 4) Ensure policy revisions and administrative procedures are vetted with with School District s attorney [completed]. 5) Arrange for methods of ballot collection (ballot box) and voter privacy (voting carrels) for the May 17 th vote. 6) Inform the school community of these changes via newsletter during the month of April. Thank you! by Scott J. Osborne, Superintendent of Schools March 8, 2016
2 Voting Procedures Superintendent s Headnote: Effective December 31, 2015 school districts are no longer permitted to utilize lever voting machines in school district votes and elections. Effective May 2016 Elizabethtown-Lewis Central School District will utilize paper-based ballots for the annual school budget vote and election. The following policy revision removed the previous language pertaining to use of lever voting machines, and replaces that language to reflect use of paper ballots. A person shall be entitled to vote in school district elections for the Elizabethtown-Lewis Central School, any school district election and in all matters placed upon the official ballot, if such person is: 1) A citizen of the United States; 2) At least 18 years of age; 3) A resident within the school district for a period of 30 days next preceding the election at which such person desires to vote; 4) Qualified to register or is registered to vote in accord with section of the Election Law which excludes: a. those convicted felons who have not been pardoned or had their rights of citizenship restored, those whose maximum sentence of imprisonment has not expired; and/or those who have not been discharged from parole; b. persons adjudged mentally incompetent by a court Challenges to voters believed unqualified to vote may be undertaken pursuant to Education Law provisions. Each annual or special election or meeting shall have a presiding chairman appointed by the Board. Such chairman shall have the responsibility of properly handling any challenges to the qualification of any voter. Paper Ballots Effective May 2016 Elizabethtown-Lewis Central School enacted use of paper ballots for school district budget votes and elections. The Board of Education charges the Superintendent of Schools to create specific administrative protocols for the use of paper ballots in school district votes and elections. Such protocols will be adopted by the Board of Education as regulations to accompany this policy. Write-In Ballots Write-in ballot slots are required. The Board will provide ballots containing the names of nominated candidates. There will be as many write-in slots as there are vacancies at the time of election. The writing in of a name in the blank space provided will sufficiently indicate a Page 1 of 3 Slated for REVISED 1 st read on March 8, 2016
3 vote. The district cannot require a voter to place any other mark beside the name of a write-in candidate. Election Inspectors Election inspectors shall not advise or induce such voter to vote on any proposition or candidate, and if the election inspector were to learn how the individual voted, the election inspector shall never reveal the vote(s) recorded to any other person at any time. Absentee Ballots The Board provides for the use of absentee ballots for voting. Such ballots shall be available for the election of members of the Board of Education, the adoption of the school district budget, and on questions and propositions submitted to the voters of the district. The District Clerk must receive the application at least seven (7) days prior to the election, if the ballot is to be mailed to the voter; or the application must be received by the day before the election, if the ballot is to be personally delivered. The application must be completed and returned, and the individual must verify therein that he/she meets all voting requirements, and explain the reason for his/her inability to appear in person to vote. In particular, the individual must explain that he/she will be unable to appear to vote in person on the day of the school district election because he/she: 1. Will be a patient in a hospital, or unable to appear personally at the polling place on such day because of illness or physical disability; 2. Duties, occupation, business, or studies will require him/her to be outside of the county or city of his/her residence on such day; 3. Will be on vacation outside the county or city of his/her residence on such day; or 4. Will be detained in jail awaiting action by a grand jury; awaiting trial; or is confined in prison after conviction for an offense other than a felony. The district shall request registration lists from the Board of Elections for those voters whose registration record has been marked permanently disabled and shall automatically mail absentee ballots to such voters in advance of each district vote or election. Ref: Education Law 2012; 2014; 2018; 2018-a; 2018-b; 2018-c; 2019; 2019-a; 2020; 2025; 2032(2)(e); 2035; 2037; 2603; 2607; 2610; 2613 Election Law 3-224; 5-106; 5-612; Matter of Rodriguez, 31 EDR 471 (1992) Matter of Gresty, 31 EDR 90 (1991) Matter of Ferro, 25 EDR 175 (1985) Matter of Manno and Maloney, 23 EDR 172 (1983) Matter of Yost, 21 EDR 140 (1981) Matter of Alpert and Helmer, 20 EDR 281 (1980) Matter of Reigler and Barton, 16 EDR 256 (1977) Adoption date: Page 2 of 3 Slated for REVISED 1 st read on March 8, 2016
4 Adopted: March 17, st revised reading: March 8, nd revised reading & adoption: Page 3 of 3 Slated for REVISED 1 st read on March 8, 2016
5 Elizabethtown-Lewis CSD Policy R Regulations for Paper Ballot Counting 1. Empty ballot box and sort paper ballots: each voting proposition shall have a separate color ballot, therefore, ballots should be initially sorted by color. 2. Count all ballots face down for each proposition by groups of ten, then compile each group of ten to groups of The total number of ballots should be equal to the total number of voters names listed on the register. If different, recount the groups of ten for accuracy. After recounting, if there is still a discrepancy, proceed with the following: a. If ballots are in excess of the register count, randomly withdraw the number of ballots in excess (on occasion, a voter will fail to sign the register). b. If ballots are under the register count, the actual ballot count must be used (on occasion, a voter will decide not to put a ballot in the box). 4. At this point absentee ballots must be counted, opened and discretely added to the voter ballots. Recount to ensure the total number of absentee ballots are equal to the original count (on occasion, an absentee ballot may contain only one ballot). 5. Ballots are to be separated by votes cast. a. Budget ballots: yes votes separated from no votes b. Board member election ballots: separate by name (included are write-ins) c. Other voting propositions: yes votes separated from no votes 6. Once again, ballots must be counted in groups of ten and then in groups of 100. The total of each ballot group should be equal to the total of voter ballots and absentee ballots in step 3. If there is a discrepancy, the ballot groups of ten must be recounted for accuracy. 7. The Chairperson will record the counts from each proposition and announce the findings to community members present. Page 1 of 1 Slated for 1 st read on March 8, 2016
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