The School Board [Board] in this appeal to Commission of Education, the Board asked the Commissioner to annul her May 19, 2026 order pursuant to Education Law §2037 annulling the results of the School District's May 19, 2026 election.
The Board had reported a number of improprieties in connection with the May 2026 including the Board's discovery of a garbage bag containing “folded ballots” and “ripped up cast ballots” in a dumpster outside of the district’s administrative office.
The Board also noted that:
(1) the district clerk did not, as required by statute,[1] create a list of absentee/early mail voters;
(2) there were numerous discrepancies regarding absentee ballots; and
(3) certain ballots for voters “unable to appear personally at the polling place because of illness or physical disability”[2] were mailed beyond the statutory deadline.
The Commissioner noted that in order 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.
The Commissioner, noting that the Board's above recited evidence amply paints a “clear and convincing picture of informality” that warrants a new election, said that such relief was awarded in an interim order dated June 25, 2026.
Further, the Commissioner noted that the appointment of the District Superintendent for the Putnam Northern Westchester Board of Cooperative Services to fulfill the role of district clerk and indicated that "the June 25, 2026 order continues to represent appropriate relief for the violations of law and irregularities described in the [Board's] petition" and that her "interim order remains in effect without modification".
Footnotes:
[1] Education Law §§ 2018-b (7), 2018-f (7). See Appeal of Touré, et al., 54 Ed Dept Rep, Decision No. 16,660 (the “failure to maintain ... a list [of absentee voters] is an open invitation to fraud and threatens the integrity of the electoral process”).