The appeal includes affidavits from four voters who said they received the improper instructions.
Another issue Bennett and Goethe raised involved the district’s counting of absentee ballots. It said the count was done out of the public’s view, which is a violation of education law.
The appeal also claims that an inspection of the voter roll books showed that six more votes were counted than there were signatures on the roll books.
A final claim made in the appeal is that the voting machines provided by the Cayuga County Board of Elections were programmed incorrectly because the order of the candidate names on the results tape did not mirror how the names were ordered on the ballots, “resulting in inaccurate and incorrect vote totals for each of the candidates.”
Bennett and Goethe’s appeal was served on the school district June 17, according to the state Education Department. Under the education law appeal process, respondents have 20 days to respond in writing to the petitioner’s attorney, which in Bennett and Goethe’s case is Kevin Cox of the Camardo Law Firm in Auburn. They respondents then have five days after submitting that response to forward it to the state Education Department.
Regarding the claims about voting machine accuracy, Cayuga County Board of Elections Commissioner Kate Lacey told The Citizen that the order of names on a ballot does not need to match the order of how the results are reported on the machine’s tape. The machines, she said, are programmed to tabulate results based on names, not their position on the ballot.