New York State Commissioner of Education Betty A. Rosa dismissed an appeal concerning the election of a district’s school board [Board] election and budget vote in which the Petitioner [Appellant] was a candidate for a position on the board.
After the polls closed, Appellant requested to view the original voting machine receipts and inspect the absentee ballots. Appellant was advised to submit a Freedom of Information Law (“FOIL”) to obtain these documents. The Appellant submitted such a request on May 21, to which the Board responded on June 2.
Appellant, contending that he was denied the opportunity to inspect the voting machine receipt and absentee ballots on the night of the election, and asserted the that the absentee ballots were counted “behind closed doors, out of view of the candidates and the public” and asked the Commissioner to find that the Board had violated Education Law §§2035 and 2610 to issue
1. An order compelling the release and verification of the original machine receipts; and
2. An order invalidating the election results.
The Board contended that Appellant's petition should be dismissed for, among other reasons, the Appellant's failure to comply with the regulations governing appeals to the Commissioner and contended that Appellant failed to establish a clear legal right to his requested relief.
The Commissioner observed that to invalidate the results of a school district election, the petitioner 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.
Citing a number of earlier Decisions of Commissioners of Education, Commissioner Rosa opined that implicit in those decisions is a recognition that "it is a rare case where errors in the conduct of an election are so pervasive as to vitiate the fundamental fairness of the election" and, citing 8 NYCRR 275.10, observed that in an appeal to the Commissioner, "a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief'.
Finding that Appellant had not "met his burden of proof" as there was no evidence that Appellant submitted a request to inspect the voting machine tallies and absentee ballots on the night of the election, and the Board subsequently responded to such a request in a timely manner.
Observing that the Appellant "provides no other evidence to suggest that [the Board] violated the Education Law or that any irregularities occurred that affected the outcome of the election", the Commissioner ruled that "the appeal must be dismissed", noting the ruling in Appeal of Crenshaw, 63 Ed Dept Rep, Decision No. 18,353 and other decisions of Commissioners of Education.
Click HERE to access the decision of Commissioner of Education in the instant matter posted on the Internet.