In 1961 to 1964 the Supreme Court handed down three rulings requiring that electoral districts have equal populations. This helped ensure greater representation of urban minorities. It is a civil rights issue that continues today. These rulings were identified as the "One Man, One Vote" concept.
All our representatives from senators and representatives to town councilmen, elected on this basis to provide equal representation, vote once on measures brought before them. Up or down, one time only, unless the measure is brought back after having been significantly modified and with the agreement of the voting body. Nothing can be brought back if once defeated; nothing can be defeated if once approved; that's the rules for even-handed government.
With one exception. In New York State, a school budget, if rejected by the voters, can be brought to the ballot a second time. If it was accepted the first time, however, it cannot be voted upon again. What is the logic of this? No logic at all. This is a civil rights issue. There are other laws that fully provide for schooling if a budget is rejected. A second vote on this one issue has been written into law only for one purpose - to protect school bureaucracies and the school unions. Schools have plenty of money even when forced to use a contingency budget. Our Manhasset school district functioned quite well in 2004-2005 when, under a contingency budget, it did not spend $2,400,000 of the authorized amount. At the same time, student achievement continued at the same high level of excellence.
The specific law is Education Law Article 41, Part 1, Section 2022, paragraph 4.
What is wrong with majority rule? We just had a school budget that carried by 56 percent. Those who voted "no" and those who didn't vote are satisfied to live with the result. But if the results are in the negative, as they are in about 15 percent of Long Island's school districts this year, this law permits a second vote on the same budget. That means that the majority doesn't rule and that a minority, when dissatisfied, gets a second chance. A "no" vote under this system is the equivalent of a half a vote, since it can be tested on the ballot a second time. A "yes" vote, however, has full weight, since it cannot be challenged. This is inherently unfair and thus a civil rights matter.
We should ask our Albany leaders and representatives, Pataki, Bruno, Silver, Balboni and DiNapoli to change this law to eliminate a second vote. Equality under the law is mandated.
Paul Early