Candidates for school board membership must file a sworn statement with the clerk of the school district specifying all money or other valuable things, paid, given, expended or promised by the candidate or incurred for or on his/her behalf by someone else with the candidates approval, to aid the candidate’s nomination of election, or to aid or influence the nomination or defeat of another candidate. If the candidate’s expenses were nothing or expenditures were for personal expenses which, when taken together with the total expenditures incurred by others on the candidate’s behalf and with the candidate’s approval did not exceed $500, the candidate also must file with the clerk a statement to that effect. If the expenditures exceed $500, the candidate also must file a statement with the Commissioner of Education.
Personal expenses are defined in the law as traveling expenses and expenses incidental thereto; writing, printing, and preparing for transmission any letter, circular or other publication not issued at regular intervals containing a statement of the position or views of the candidate or person upon public or other questions; stationery and postage; and telegraph, telephone and any public messenger service.
In addition, no individual or group of individuals is permitted to make expenditures on behalf of a candidate without the latter’s permission unless a sworn statement is filed, by the person making the expenditure, with the clerk and the Commissioner stating that the candidate did not approve the expenditure. The maximum amount of such expenditure is $25 and is not to be included in determining whether the expenditures exceeded $500, as described above.
The statements are due, by registered mail, no later than thirty days before the election for the first statement, no later than five days before the election for the second statement, and the third and final statement is due within twenty days after the election.
In providing the required statements, the first must cover all expenditures and contributions up to and including the twenty-ninth day preceding the election. The second is for all expenses and contributions from the thirtieth day preceding the election through the fourth day preceding the election. The third is for all expenses and contributions from the fifth day preceding the election through the nineteenth day following the election. This statement need not repeat the details of the first but must include a summary of those reported expenditures and contributions.
Failure on the part of any candidate to file a statement, or to file one that does not conform to the requirements of the law, can result in a legal proceeding to compel filing.
Ref. Education Law §§1528-1530;2018;2553