New York State's Commissioner of Education dismissed an appeal challenging election of certain individuals to a board of education for failure to join necessary parties

Petitioner, an unsuccessful candidate in an election to a school board, sought a "review and disqualification of paper ballots and a new election" by New York State's Commissioner of Education.

The Commissioner dismissed Petitioner's appeal, explaining Petitioner failed to name the successful candidates for election to the school board in the caption of the appeal or personally served those candidates with a copy of the petition. 

As the successful candidates for election to the school board could be adversely affected by the Commissioner's decision in this matter, the Commissioner ruled that "the appeal must be dismissed".

In the words of the Commissioner of Education: 

"A person or entity whose rights would be adversely affected by a determination in favor of a petitioner is a necessary party and must be joined as such (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of Murray, 48 id. 517, Decision No. 15,934).  Joinder requires that a party be clearly named as a respondent in the caption and served with a copy of the notice of petition and petition, informing the party to appear in the appeal and to answer the allegations contained in the petition (Appeal of Sutton, 57 Ed Dept Rep, Decision No. 17,331; Appeal of Murray, 48 id. 517).  

"In an appeal regarding a school district election, the petitioner must join the district’s board of education as well as “each person whose right to hold office is disputed” (8 NYCRR 275.8 [d]; see Appeal of Bonelli, 59 Ed Dept Rep, Decision No. 17,795; Appeal of Duffy, 47 id. 86, Decision No. 15,634)."

Respondent held its annual budget vote and election on May 21, 2024.  Petitioner, an unsuccessful candidate, requests a thorough review and disqualification of paper ballots and a new election.  This could adversely affect the candidates elected to the board, who were not named in the caption of this appeal or personally served with a copy of the petition.  As such, the appeal must be dismissed (Appeal of Arroyo Rodriguez and Figurasmith, 63 Ed Dept Rep, Decision No. 18,372; Appeal of Puskuldjian, 61 id., Decision No. 18,048).

In addition, the Commissioner noted New York State's Court of Appeals recently sustained the validity of New York’s early mail voter statute, citing Stefanik v Hochul, 2024 NY Slip Op 04236.

Click HERE to access the Commissioner's decision posted on the Internet.