WPCNR SCHOOL DAYS. By John F. Bailey. September 13, 2006: A Deputy Counsel for the New York State Board of Elections in Albany told WPCNR today that  the White Plains City School District could under election law hold its October 17  $69.6 Million referendum on the same day as the November 7 General Election, in the same building in a different area of that building, as long as they used separate voting machines, separate inspectors.

Previously, the school district has been on record as saying the referendum could not be held on the same day in the same place as the General Election. Holding a school district election and a general election in the same building is legal, and has been done in the past, according to the Deputy Counsel referred to WPCNR by the Albany Board of Elections Public Information Office.

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"It could happen, but in reality because this is a general election with statewide offices on the ballot, there probably aren't going to be that many machines going to be available for the district to use unless they own their own, to run this referendum" said Pat Murray, the Deputy Counsel interviewed by WPCNR. "If the district gets its machines from the county, then the county will be using all its machines in the November election, and you can't those two things on the same machines."

"The second answer to that question is that it is the County Board of Elections call and it is an administrative issue to be dealt with and it can and has been in the past, very confusing for people, " Murray said. "I have to tell you if you run a second election in another room, you're going to lose because people are going to vote for the public offices and never get around to your referendum."

Murray said definitely, "It's possible to make it happen, the reality is it's such a bad idea. It shouldn't happen."

Murray said she was giving WPCNR her best "Counsel answer:" "If you were the county board of elections and you asked me that question, that is the answer I would give you. Theoretically it's possible. Is it a smart move on the School Board's part? Probably not."

David Ernst, Director of Communications and Research, of the New York State School Board Association, said that according to his legal counsel, the School District in promoting such a referendum, was prohibited from advertising the referendum with reminders to vote for the referendum when voters vote in the general election, should a school election and a general election be held on the same day. Ernst said that tying the promotion of the referendum in any way to the general election could not be done. No mention of the general election could be made when advertising the location of the referendum votes either, Mr. Ernst said.

Voting Machines could theorectically be available for the School District to use on November 7.  Janice Manieri, City Clerk told WPCNR, she planned to use 53 voting machines for White Plains 43 Election Districts. She said the city had 75 voting machines. The School District uses one voting machine for each of its six Polling Locations: Church Street School, Battle Hill Fire Station # 5, Rochambeau School, Highlands School, Mamaroneck Avenue School and Ridgeway School.

WPCNR has placed calls to the Westchester County Board of Elections to ascertain the availability of voting machines in White Plains, November 7.