CHAPTER XXXII

CITY SCHOOL ELECTIONS

[Article 7-a, Chapter 791, Laws of 1917]

To What Cities Applicable. In those cities of the State in which members of the board of education are elected by the qualified voters at a special election such election must be held as provided in this chapter. Cities which elect the members of their board of education at either the general election or a municipal election do not hold their elections in accordance with these provisions. Those cities in which the school district extends beyond the boundaries of the city and who hold their election at the time of the annual school election in union free school districts in the month of August are not required to hold their elections in accordance with these provisions.

Date of Annual Election.- The annual election in all cities to which the provisions of this chapter apply shall be held on the first Tuesday in May in each year.

Polls Open. The law requires that the polls of such election shall be open from 12 o'clock noon until 8 o'clock in the evening. Election Districts.- On or before the first day of April, 1918, the board of education of each city to which this law applies is required to adopt a resolution dividing the city into school election. districts. Each school election district shall contain not more than 1,000 qualified voters. Such districts shall be so arranged, if possible, that there shall be a schoolhouse in each of such school election districts. The resolution designating these districts should accurately describe the boundaries of such districts by streets, alleys and highways. When possible to do so the boundaries of a school. election district should include one or more of the regular election districts of the city. The districts thus formed shall continue in existence until modified by resolution of the board of education.

Where Election Shall Be Held. All school elections, so far as possible, shall be held in a public schoolhouse. If there is a school election district in which there is no schoolhouse the board of edu

cation shall by resolution designate some other building where the election in such district shall be held.

Notice of Election.- The board of education must give notice of the annual school election. This notice may be given by publishing the same at least once each week for four weeks preceding each election in at least two newspapers published in the city. The notice must state the day of the election and the hours during which the polls will be open. This notice should also accurately describe the boundaries of the school election districts into which the city is divided. It should also name the school house, or other place in the city, where these elections will be held. The notice should state at what place the poll lists prepared by the clerk of the board of education are on file and that the same may be examined at the office of the clerk of the board or the superintendent of the city. Qualifications of Voters.- A person shall be entitled to vote at a school election in such city who is:

I. A citizen of the United States.

2. Twenty-one years of age.

3. A resident within the election district for a period of thirty days next preceding the election at which he offers to vote; and who in addition thereto possesses one of the following four qualifications: a. Owns or hires real property in such district or is in the possession of such property under a contract of purchase, assessed upon the last preceding assessment-roll of the city, or

b. Is the parent of a child of school age, provided such child shall have attended the public schools in the city in which the election is held for a period of at least eight weeks during the year preceding such election, or

c. Not being the parent, has permanently residing with him a child of school age who shall have attended such public schools for a period of at least eight weeks during the year preceding such election, or

d. Owns personal property, assessed on the last preceding assessment-roll of the city, exceeding fifty dollars in value, exclusive of such as is exempt from execution.

No person shall be deemed to be ineligible to vote at any such election, by reason of sex, who has the other qualifications required by this section.

Poll List. The clerk of the board of education is required to prepare a poll list for each school election district in the city on

or before the first day of April in each year. This list shall contain the names of all persons residing in such district who are qualified to vote for the office of members of the board of education at the ensuing election. The names on this list must be arranged alphabetically by their surnames and their place of residence by street or number of each person must also be given. If the residence may not be given so specifically, there must be some description accurately locating the place of residence of each person.

Poll List Filed. This poll list must be filed in the office of the clerk of the board of education, or some other accessible place designated by the board of education. Arrangements must be made so that such list may be examined by any person interested therein during the office hours of the clerk of the board for thirty days preceding the annual school election. It must also be open to examination from 4 to 8 o'clock in the evening of each Friday and Saturday of the four weeks immediately preceding the election. The clerk of the board, or some person designated by the board, shall be present at the office of the clerk at such hours and shall permit such list to be examined by the public.

Additional Names Placed Upon List.- If a person whose name is not upon the list appears before the clerk of the board of education and files a written statement with such clerk, giving in such statement his name, residence, occupation, the school election district in which he resides, and specifies the qualifications which entitle him to vote, such clerk must place his name upon the poll list. Transfer of Name to Poll List of Another District. If the name of a qualified voter appears upon the poll list of a school election district and such voter is a resident of another school election district, such voter should make a written statement setting forth such facts, showing his correct residence and his name. Thereupon the clerk should strike his name from such poll list and place it upon the proper poll list.

Revision of List - Challenges to be Received. The clerk of the board of education, or other person designated by the board, must on the Monday preceding the annual election correct and revise each of the duplicate poll lists for the several election districts of the city by striking therefrom and inserting in their proper places the names of persons who have filed the statement above required. Such clerk shall also receive challenges, which may be made in writing, by any qualified voter against the right of any

person on such poll list to vote at the election. Such clerk shall also indicate on such poll lists the persons whose qualifications as voters have been challenged.

Filing Corrected List.- The revised and corrected poll list must be filed in the office of the clerk of the board of education. Such board shall cause a copy of the list of each election district to be delivered on the day of the election, before the opening of the polls therein, to the inspectors of each district at the place where the election in such district is to be held.

Blanks, etc. It is the duty of the board of education to furnish all necessary blanks to enable voters to prepare any of the statements required in connection with their right to vote, the district in which they reside, and on which written challenges may be made.

Appointment of Inspectors. At least ten days prior to each school election the board of education shall designate three qualified voters of each school election district to act as inspectors of election. The clerk of the board of education is required to give a written notice of appointment to the persons so designated. If a person appointed an inspector refuses to accept such appointment, or fails to serve, the board may appoint a qualified voter of the school election district to fill the vacancy.

Additional Inspectors.

When the board of education believes that existing circumstances require the services of additional inspectors such board may appoint not to exceed two additional inspectors of election for each election district.

Organization of Inspectors.- Before opening the polls in a school election dsitrict the inspectors must organize by electing one of their number as chairman and one as poll clerk.

Compensation.- Each inspector is entitled to receive for his services a compensation of $3, to be paid out of the school funds in the same manner as other claims against the school board are audited and paid.

Nomination of Candidates. Candidates for members of boards of education in cities shall be nominated by petition directed to the board of education. Such petition must be signed by at least thirty persons qualified to vote at school elections in the city. The petition must also contain the names and residences of the candidates to be voted upon at the election, and such petition must state whether such candidates are nominated for full terms or for unexpired portions of terms. These petitions must be filed with

the clerk of the board of education at least ten days before the day of the annual election,

Ballots. Printed official ballots containing the names of candidates nominated shall be provided by the board of education. These ballots shall show whether the candidates are nominated for full terms or for unexpired terms. The names of candidates must be arranged alphabetically according to their surnames. Blank spaces must be provided so that voters may vote for candidates who have not been nominated. The form of the ballot must conform substantially to the form of ballot used at general elections. The expense of the preparation of such ballots must be met by the board of education. Instructions as to the marking of the ballots and the number of candidates for which a vote is permitted must be printed on the ballots. These ballots must be delivered to the inspectors in each election district on the day of the annual election. The number of ballots printed must equal at least the number of qualified voters in the district.

Failure to Use Official Ballot. If official ballots are not furnished as required in the foregoing paragraph and the election is otherwise held, such election need not be declared invalid or illegal because the ballots used did not conform to the above requirements; provided, however, the intent of the voter may be ascertained from the use of the irregular or defective ballots and such use was not fraudulent and did not substantially affect the result of the election. Use of Voting Machines. In a city in which voting machines are used at general or municipal elections it shall be legal for the board of education of such city to authorize the use of such machines at the school election. When machines are thus used the law regulating the use of machines at a general or municipal election shall apply to and govern the use of such machines at the school election.

Conduct of Election.- School elections must be conducted so far as may be possible in accordance with the provisions of the law. governing general elections. It is the duty of the board of education to provide ballot boxes for each school election district. Two boxes should be provided-one to contain the ballots voted, and the other to contain the rejected or defective ballots. The board of education should also provide booths, and voters should be required. to enter such booths for the purpose of marking their ballots. The ballots presented to the inspector must be folded so as to conceal the names of the candidates voted for. All persons entitled to vote,