Petitioner, an unsuccessful candidate for one of
five open board seat, sought a vote recount, the voiding of board actions taken
after the election if appropriate and the revision of the school district's
policies relating to board elections.
The Commissioner held that the appeal must be
dismissed for failure to join necessary parties as any 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. 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.
However, said the Commissioner of Education, even if
the appeal were not dismissed on procedural grounds, it would be dismissed on
the merits. The Commissioner explained 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".
In contrast, the Commissioner noted that "It
is well settled that mere speculation as to the existence of irregularities or
the effect of irregularities provides an insufficient basis on which to annul
election results, citing Appeal of Holliday, 60 Ed Dept Rep, Decision
No. 17,947 and Appeal of Dodson, et al., 54 id.,
Decision No. 16,764).
Further, 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. In addition,
opined the Commissioner, Petitioner has not established that school district
violated any legal requirement or that the act of which she complains affected
the outcome of the election.
As to Petitioner’s argument is that the school district
improperly failed to advise her of her right to observe the opening of absentee
ballots on the evening of the election, the Commissioner viewed this argument is
unavailing as the school district had submitted an
affidavit from its district clerk asserting that the public was, in fact,
invited to observe the opening and the tallying of absentee ballots on the evening
of the election and that “numerous” observers did so.
In any event, even assuming that the school district had
not extended this invitation, the Commissioner noted it has been previously
held that there is no requirement that absentee ballots be opened in the
presence of the candidate or their representatives, citing Appeal of Jarmond,
56 Ed Dept Rep, Decision No. 17,108 and Appeal of Georges, 45 id. 453,
Decision No. 15,380.
In sum, the Commissioner found Petitioner has
failed to meet her burden of proof to establish that there were voting
irregularities that affected the outcome of the election.
Click HERE to access the Commissioner's
decision posted on the Internet.