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1660 – Annual Budget Vote and Elections

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1660 – Annual Budget Vote and Elections

1. Purpose and Scope

This policy establishes the procedures and requirements for the annual district elections, including the approval of the district budget, the election of school board members, and voting on propositions, in compliance with New York State Education Law, ensuring transparency, fairness, and accessibility for all eligible voters. 

2. Annual Budget Vote and Election Procedures 

  • Date: The annual budget vote and election will be held on the third Tuesday in May, unless a conflict with religious observance requires the district to request approval from the Commissioner of Education to change the date to the second Tuesday in May. Such requests must be submitted by March 1st. 
  • Notice: The district must publish notice of the annual budget vote and election four times within the seven weeks preceding the event. The first notice must be at least 45 days before the vote. Notices must include the time, date, location of the vote, descriptions of propositions, and any additional required details. 
  • Budget availability to public: Copies of the budget to be voted upon will be available upon request in each district school building, at the school district offices, and at any public library or free association library within the district, for district residents, beginning 14 days prior to the election (excluding Saturdays, Sundays, and holidays) and on the school district's website. 
  • Voting Machines and Ballots: Voting will be conducted using machines or paper ballots, as permitted by law. Ballots must include all propositions, board member elections, and the budget proposal.

3. Voter Eligibility and Registration

To be a qualified voter in any district election or budget vote, an individual must: 

  • Be a citizen of the United States. 
  • Be at least 18 years of age by the date of the vote. 
  • Be a resident of the school district for at least 30 days prior to the vote. 
  • Be registered to vote in school district elections. Registration may be completed by:
    • Registering with the district clerk during designated registration days. 
    • Registering through the county Board of Elections, which automatically qualifies the individual for school district voting. 

Identification Requirement: Voters may be required to provide proof of residency (e.g., driver’s license or utility bill).

4. Absentee Ballots

Qualified voters unable to appear in person may vote by absentee ballot under the following conditions:

  • Absence from the county on the day of the vote. 
  • Illness or physical disability. 
  • Duties related to primary care of a person who is ill or disabled. 
  • Incarceration (provided the voter is not convicted of a felony).

Application for Absentee Ballots:

  • Applications must be submitted to the district clerk at least seven days before the vote if the ballot is to be mailed, or by the day before the vote if the ballot is to be picked up in person. 
  • Absentee ballots must be returned to the district clerk no later than 5:00 PM on the day of the vote. 
  • A list of all persons to whom absentee ballots have been issued shall be maintained in the Office of the District Clerk and made available for public inspection during regular office hours until the day of the election. Qualified voters may challenge the qualifications of any absentee voter in writing, stating the reasons for the challenge. These challenges will be transmitted to the election inspectors on the day of the vote.

5. Submission of Questions and Propositions 

  • Deadline: Propositions must be submitted to the district clerk no later than 30 days before the vote.
  • Signatures Required: Each proposition must include at least 25 signatures (or 5% of the number of voters from the previous election, whichever is greater).
  • Guidelines: Propositions must address matters within the authority of the voters and comply with legal and constitutional requirements. Examples of permissible propositions include those related to budget allocations, capital improvements, or transportation services. Propositions that violate the law or exceed the district’s authority will not be accepted. Propositions involving the budget may not be submitted more than twice within a twelve-month period.

6. Responsibilities

  • District Clerk: 
    • Maintain voter registration records.
    • Process absentee ballot applications and distribute ballots.
    • Publish all required notices related to the annual election.
    • Ensure proper handling and security of voting materials.
    • Appoint assistant clerks and election inspectors necessary for the annual election and budget vote. 
  • Board of Education: 
    • Approve and submit the annual budget for voter approval.
    • Ensure compliance with all legal requirements for elections and budget votes.
    • Appoint a qualified voter of the district (non-employee, non-Board member) as chairperson for each election. The chairperson will call the meeting or election to order, declare the polls open and closed at the appropriate times, ensure compliance with legal requirements during voting hours, and ensure that no motions are made during the hours designated for voting.
  • Election Inspectors:
    • Oversee polling stations and ensure orderly conduct during voting.
    • Verify voter eligibility and handle challenges in compliance with New York Education Law.
    • Tabulate votes and report results to the district clerk.
    • Ensure the secure and proper handling of all voting materials, including ballots and voter rolls.

7. Improper Advocacy

The district may provide informational material about budgets, propositions, or other matters but may not use funds or resources to promote a particular position or candidate.

8. Key Deadlines

Action Deadline
Submit request to change election date March 1
Publish first notice of election At least 45 days before the election
Submit propositions At least 30 days before the election
Absentee ballot application (mail) At least 7 days before the election
Absentee ballot application (in-person) By the day before the election
Return completed absentee ballots By 5:00 PM on election day

9.    Legal References

  • New York State Education Law §2001 
  • New York State Education Law §2014 
  • New York State Education Law §2015 
  • New York State Education Law §2025