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August 15, 2022

Challenging the results of a school board election

In this appeal to the Commissioner of Education the Board of Education of the Monticello Central School District sought an order annulling the results its 2022 school district election to fill three "open seats" on the school board because the margin of victory for two of the three seats "was less than the total number of affidavit ballots", which valid affidavit ballots had not been included in the tally.

In the words of the Commissioner, to invalidate the results of a school district election, the petitioner, in this instance the Monticello Central School District's Board of Education, must either: "[1] establish not only that irregularities occurred but also that any irregularities actually affected the outcome of the election or were so pervasive that they vitiated the electoral process; or [2] demonstrate a clear and convincing picture of informality to the point of laxity in adherence to the Education Law."

Concluding that the School Board failed to satisfy its burden "of demonstrating a clear legal right to the relief requested and establishing the facts upon which [it] seeks relief," the Commissioner dismissed the School Board's appeal.

Click the URL set out below to access the full text of the Commissioner's decision. 

http://www.counsel.nysed.gov/Decisions/volume62/d18167

  


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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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