Ogdensburg Scool Board Elections

Special school board election to be held after dead man's absentee ballot ruled invalid

By MIKE GRAHAM | wpix.com

May 21, 2009
OGDENSBURG, N.Y. (WPIX)—
For Vicky Peo her one vote victory over John Wilson for election to the Ogdensburg City School Board seemed almost too good to be true. As it turned out it was too good to be true.

That final tiebreaking vote came from her brother-in-law, Franklin "Peanut" Bouchey, whose absentee ballot was ruled invalid because he actually had died three days before the election.

Superintendent Timothy Vernsey based his ruling on both election and education law. So now, not including the absentee ballot vote from the deceased Bouchey, the election is tied with former board member Peo, who served from 1992-2002, getting 388 votes and current board president Wilson, who served the board for 16 years including 10 as president, garnering 388 votes.

"It's certainly never happened to me and everyone I've talked to, including superintendents, have never heard of this happening before, " Vernsey told the Watertown Daily Times.

The school district Attorney Andrew W. Silver says that New York State education law states that if the person who casts the absentee ballot is not living on the day of the election the vote cannot be counted.

The plan will include an official runoff election for the board's third seat scheduled for June 23.