C OUNTY OF A LBANY

D EPARTMENT OF A UDIT AND CONTROL

M ICHAEL F. C ONNERS , II
C OUNTY C OMPTROLLER
MCONNERS@ALBANYCOUNTY. COM

HAROLD L . JOYCE OFFICE BUILDIN G

S TATE S TREET , R OOM 1030

A LBANY , N EW Y ORK 12207

112

(518) 447-7130 - F AX (518) 433-1554

WWW.ALBANYCOUNTY.COM

E DWARD L. D OTT
E XEC UT I VE D EPUTY C OMPTROLL ER
EDOTT@ALBANYCOUNTY.COM

J OHN W. C URRAN
E XEC UT I VE D EPUTY C OMPTROLL ER
B C U RRA N @ A L BA NYC OU NT Y .COM

February 12, 2016

Dear Commissioner Elia,
I am writing to request your intervention in the matter of the City School District of Albanys
February 9, 2016 bond referendum, during which systemic voter disenfranchisement was
observed which affected the outcome of the vote. Specifically, I ask that you invalidate the
results of the vote pursuant to your authority under New York State Education Law. According
to the district the measure originally passed by 228 votes, which they have since revised to a
mere 189 votes. Since these votes were tallied there have been mounting complaints received
from disenfranchised voters who feel that the vote was conducted improperly.
As described by voters and in the attached media reports, these irregularities included:
polling places that were not operational during voting hours;
polling places that were locked during voting hours;
polling places that ran out of ballots, in some cases more than once;
polling places that did not maintain proper custody of ballots;
conflicting instructions provided by district personnel;
instructing voters to identify themselves through the improper use of provisional ballots;
turning away of voters by inspectors overseeing the vote;
and
excessive wait times caused by the above stated irregularities.
The referendum was the second attempt by the district to obtain public approval for a high
school construction project following the rejection of a larger bond measure in November. The
district failed to prepare, either out of incompetence or willful neglect, for the increased voter
turnout generated by the issue.
As relief, should you invalidate the February 9, 2016 vote, the district has the option of holding
a new referendum concurrently with the Presidential Primary Election on April 19, 2016 which
would allow for the Albany County Board of Elections to administer the vote and ensure that
Albany voters are able to participate in a fair election.

The matter has been a polarizing issue. In order for the district and community to heal and move
forward, it is imperative that voters on both sides have confidence that they have been given a
fair opportunity to express their wishes at the ballot box.
Sincerely,
Michael F. Conners II
Albany County Comptroller

Attached Media Reports

Attachment #1

Shortage of ballots puts Albany voters at a standstill

Mary Wilson
Published: February 9, 2016, 9:44 pm Updated: February 9, 2016, 11:22 pm
ALBANY, N.Y. (NEWS10) Albany voters had a second chance to either shoot down
or approve a renovation plan for the high school, but the voting process did not run
smoothly.
This is totally illegitimate, voter Sue Swartz said. Where are our ballots going? I
could not be more disturbed with this process.
A long line was at a standstill at Mater Christi School in Albany Tuesday afternoon.
Finally, it filtered through that there were no ballots available, Swartz said.
Here's the line of people waiting for ballots to arrive so they can
vote#WTEN pic.twitter.com/2IIBResPNk
Mary Wilson (@MaryWilsonNews) February 9, 2016
Voters waiting to perform their civic duty found the polling location had run out of
machine ballots. After waiting 45 minutes, Swartz was given a non-electronic ballot
instead.
And my ballot is sitting in one of four piles of paper on the desk where were signing
in, she said. This is very disturbing.
Others turned away without ever voting.
The line is moving along now at Mater Christi ballots are here- but I saw many
people leave before voting #WTEN pic.twitter.com/tfHxpGyDSU
Mary Wilson (@MaryWilsonNews) February 9, 2016

Ill try to come back, but I cant stay now, voter Elaine Freedman said.
If I can come back, I may come back, but I dont know, Howard Schaffer said.
The Albany City School District apparently did not order enough machine ballots to
cover every registered voter. Only 5,300 ballots were ordered, though nearly 8,000
were needed.
Lets say theres 2,000 people that are registered, you should have at least 2,000
ballots available to the public, Albany Common Councilman Jack Flynn said
It was a similar scene at Albany School of Humanities. The polling location ran out of
machine ballots, so voters had to use absentee ballots and dropped them in the
emergency ballot slot.
The Albany School of Humanities has also run out of ballots that can be scanned
electronically #WTEN pic.twitter.com/fMe6kThY9g
Mary Wilson (@MaryWilsonNews) February 10, 2016
Flynn said five polling locations saw a shortage in ballots.
Theres been at least 400 or 500 people that have been disenfranchised or have left,
he said. Im not sure if theyre gonna come back.
He said that could easily impact the outcome of the vote.
Because of lack of ballots, voters using absentee ballots and putting them in
"emergency ballot door" #WTEN pic.twitter.com/Xjfwsp2BwR
Mary Wilson (@MaryWilsonNews) February 10, 2016
Over 7,800 votes were counted Tuesday night, and the proposition to renovate Albany
High School passed by 228 votes. There were a total of 4,061 yes votes and 3,833 no
votes.

Attachment #2

Controversy looms over Albany High School vote

WNYT Staff
Updated: 02/10/2016 3:51 PM
Created: 02/10/2016 10:35 AM
ALBANY - Voters in Albany passed a $180 million proposal Tuesday evening to
renovate the high school. But the results come with controversy.
More than 8,000 votes were tallied and the difference was just 228 votes.
However, there were major problems for some voters. A few said they didn't get the
chance to vote because their polling place was so crowded.
NewsChannel 13 got several calls and emails from people saying some places ran out
of ballots altogether.
Voters rejected a similar but more expensive plan back in November.

Attachment #3

Yes, Albany, do it again

By TU Editorial Board on February 12, 2016 at 3:31 AM

Readers of this page know that we strongly support the vital effort to renovate and
modernize Albany High School. After four editorials in support of it, wed normally be
elated to see the project finally approved by voters.
But not like this. Not with a vote that has left so many doubts about whether it was fair
and accurate.
The district should hold one more vote. It doesnt have to cost much.
The chaos that ensued Tuesday was unacceptable. People arrived at polls only to find
some were not ready to open. At least seven polls ran out of ballots in the course of the
day. Some voters, unable to wait for the district to get its act together, had to leave
without casting their ballots.
The district knows this is not how the democratic process is supposed to work. It had a
job to do, and it botched it. School board President Kenny Bruce acknowledges that
much, but he and the board still insist on letting the 189-vote victory stand.
Thats a bad decision.
This project needs community support. Albany is no better served by a shoddy high
school building than a new-and-improved one that has an air of scandal hanging over it
from the outset. Its a distraction at best, a cause for division at worst.
A new vote can easily be held in May at the same time as the districts annual budget
vote. Putting another proposal on the ballot is a minimal cost.
That cost would almost certainly be far less than what it will take for the district to fight
what seems to be an inevitable lawsuit brought by opponents, who challenge the results
because of the disorganized vote. A legal battle could drag on well beyond May,
potentially delaying the project past the next construction season.

Theres a deeper issue here, as well. This vote drew the second largest turnout the
district can recall ever seeing. The electorates unexpectedly strong turnout was part of
the reason for the problems, certainly for the shortage of ballots.
The district should be celebrating and encouraging this sort of participation in a society
that seems to be constantly lamenting a decline in civic engagement. Insisting that the
results of a badly managed election stand can only leave many voters disillusioned.
Mayor Kathy Sheehan and Assemblywoman Patricia Fahy, both supporters of the new
school plan, have asked the state Education Department to investigate the vote. Thats a
logical request, but a state review might not be done in time to get the issue on the May
ballot. Better to go ahead and do the vote right.
Consider what a revote would say: We messed up. Were sorry. We owe the community
better. Lets do it one more time and get it right.
And the alternative? Oops. Our bad. But we stand by our shoddy performance. Tough.
Which message, Board of Education members, do you think a school district committed
to excellence should send?

Attachment #4

Mayor Speaks on Proposal for Third Albany High School

Expansion Vote
By TWC News Web Staff
Updated Thursday, February 11, 2016 at 06:53 PM EST

ALBANY, N.Y. -- It remains to be seen if there will be a third vote in the controversial
Albany High School expansion project.
Mayor Kathy Sheehan and Assembly Member Patricia Fahey say it's too soon to tell,
but they are calling on the state to look into alleged irregularities with Tuesday's vote.
Sheehan and Fahey are now calling on the school district to appeal for an independent
review under the State Department of Education, to find out if it went along with
regulations. Albany County Executive Dan McCoy says there should be a revote, after
the issues voters had with lines and unofficial ballots.
"I'm a parent, I'm concerned, I'm a city resident, and it has really divided us even
more, this last election," McCoy said. "And I think they should probably, at the end of
the day, do another election."
Tuesdays 180 million dollar referendum passed by margin of 189 votes. The district
has now a form online for you to submit if you had problems voting.