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Eligibility to Vote

A person shall be entitled to vote in any 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 District for a period of 30 days immediately preceding the election at which such person desires to vote;

4. is registered to vote with the District or County of Westchester in accordance with section 5-106 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 chairperson appointed by the Board. Such chairperson shall have the responsibility of opening and closing the polls, and of properly handling any challenges to the qualification of any voter.

Voting

Voting machines shall be used for recording the votes on all elections, budget votes, and votes on special propositions. The only exception to the use of voting machines shall be an emergency situation whereby the machines are unavailable due to a mechanical or technical failure. If this should arise, paper ballots will be used.

Each voting machine shall have at least two election inspectors appointed by the Board in attendance during all voting hours. It shall be the duty of the District Clerk (or Clerk Pro-Tem) to keep a poll list containing the name and legal residence of each person before such person is permitted to vote.

The election inspectors shall not advise or induce any voter to vote on any proposition or candidate, and the election inspectors shall never reveal the vote(s) recorded by the voter to any other person at any time.

Ballots containing the names of nominated candidates and as many write-in spaces as there are vacancies at the time of the election will be provided by the Board. The writing in, with a pen, of a name in the blank space so provided, will indicate a vote. The District cannot require a voter to place any other mark beside the name of a write-in candidate.

Absentee Ballots

The Board provides for the use of absentee ballots for voting on the school budget, for the election of members of the Board and on questions and propositions submitted to the voters of the District. A completed absentee ballot application must be received by the District Clerk at least seven (7) days prior to the election if the ballot will be mailed to the voter or by the day before the election if the ballot is to be personally delivered to the voter at the District Office.

In particular, the individual must explain the reason for his/her inability to appear to vote in person on the day of the District election because:

1. he/she 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. A voter who claims permanent illness or physical disability may apply for an absentee ballot and the right to receive an absentee ballot for each election thereafter without further application by filing an application containing a statement setting forth the particulars of his/her permanent illness or disability with the Board of Elections;

2. his/her 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. he/she will be on vacation outside the county or city of his/her residence on such day; or

4. he/she 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 Westchester County 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; 5-400; 5-406

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: December 1, 1995

Amended date: October 15, 2007

Amended date: May 22, 2017