Legislation
SECTION 2035
Use of voting machines at school district meetings or elections
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 41, PART 1
§ 2035. Use of voting machines at school district meetings or
elections. 1. If the trustees or board of education of any school
district shall so determine, voting machines may be used for recording
the vote on elections and questions, or either, at the school district
meetings or elections, annual and special, or either, in such district.
Before any such machine is used at any such meeting or election, the
inspectors of election shall examine it and see that all the counters
are set at zero (000) and that the ballot labels are properly placed,
and that the machine is in all respects in proper condition for use. The
use of such machine shall be deemed a compliance with any provision of
law requiring the vote to be by ballot. Such trustees or board of
education, with district funds available, may purchase the necessary
voting machine or machines; or, if the county board of elections shall
consent thereto, such machines belonging to the county or belonging to
the town in which any part of said school district shall be located, may
be used at any such meeting, the expense of delivery and returning and
setting up, and any other expense connected therewith, to be defrayed by
the school district; but such machines belonging to the county shall not
be so used at the time or times when they may be required under the
election law.
2. In common school districts the manner of making nominations or
submitting propositions by anyone other than the trustees and in union
free school districts the manner of submitting propositions by anyone
other than the board of education for the purpose of preparing ballots
for the machine shall be prescribed by a rule previously adopted by the
trustees or board of education; provided, however, that the petition,
certificate, declaration, notice or other paper required by such rule,
for the making of any such nomination or submission, except as to a
question or proposition required by law to be stated in the published or
posted notice of the meeting shall be filed with the trustees or board
of education not later than thirty days before the meeting or election.
Any nomination may be rejected by the trustees if the candidate is
ineligible for the office or has declared his unwillingness to serve;
any proposition may be rejected by the trustees or board of education if
the purpose of the proposition is not within the power of the voters, or
where the expenditure of moneys is required by the proposition, if the
proposition fails to include the necessary specific appropriation. Any
such rule may be amended from time to time and may state that a
reasonable minimum number of signatures shall be required for
submission. The trustees or board of education shall cause such rule,
and amendments from time to time, to be printed for general distribution
in the district. Provided, however, that the provisions of any special
law relating to nominations and elections in any union free school
district shall continue to remain in force, and the manner of making
nominations and the conduct of meetings and elections, shall conform to
such special law.
3. Any proposition submitted pursuant to this section shall be subject
to the requirements set forth in subdivision nine of section two
thousand twenty-three-a of this part.
elections. 1. If the trustees or board of education of any school
district shall so determine, voting machines may be used for recording
the vote on elections and questions, or either, at the school district
meetings or elections, annual and special, or either, in such district.
Before any such machine is used at any such meeting or election, the
inspectors of election shall examine it and see that all the counters
are set at zero (000) and that the ballot labels are properly placed,
and that the machine is in all respects in proper condition for use. The
use of such machine shall be deemed a compliance with any provision of
law requiring the vote to be by ballot. Such trustees or board of
education, with district funds available, may purchase the necessary
voting machine or machines; or, if the county board of elections shall
consent thereto, such machines belonging to the county or belonging to
the town in which any part of said school district shall be located, may
be used at any such meeting, the expense of delivery and returning and
setting up, and any other expense connected therewith, to be defrayed by
the school district; but such machines belonging to the county shall not
be so used at the time or times when they may be required under the
election law.
2. In common school districts the manner of making nominations or
submitting propositions by anyone other than the trustees and in union
free school districts the manner of submitting propositions by anyone
other than the board of education for the purpose of preparing ballots
for the machine shall be prescribed by a rule previously adopted by the
trustees or board of education; provided, however, that the petition,
certificate, declaration, notice or other paper required by such rule,
for the making of any such nomination or submission, except as to a
question or proposition required by law to be stated in the published or
posted notice of the meeting shall be filed with the trustees or board
of education not later than thirty days before the meeting or election.
Any nomination may be rejected by the trustees if the candidate is
ineligible for the office or has declared his unwillingness to serve;
any proposition may be rejected by the trustees or board of education if
the purpose of the proposition is not within the power of the voters, or
where the expenditure of moneys is required by the proposition, if the
proposition fails to include the necessary specific appropriation. Any
such rule may be amended from time to time and may state that a
reasonable minimum number of signatures shall be required for
submission. The trustees or board of education shall cause such rule,
and amendments from time to time, to be printed for general distribution
in the district. Provided, however, that the provisions of any special
law relating to nominations and elections in any union free school
district shall continue to remain in force, and the manner of making
nominations and the conduct of meetings and elections, shall conform to
such special law.
3. Any proposition submitted pursuant to this section shall be subject
to the requirements set forth in subdivision nine of section two
thousand twenty-three-a of this part.