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State dismisses Poughkeepsie school board candidate's
appeal
Nina Schutzman , Poughkeepsie Journal
4:55 p.m. EDT October 12, 2016
The state dismissed an appeal — filed in response to questions surrounding the Poughkeepsie City School
District board election in May — based in part on the petitioner's failure to properly name and serve the
people he accused of wrongdoing.
Lance Hardy, a candidate who lost the only open board seat to Randy Johnson
(/story/news/local/2016/06/26/poughkeepsie­board­candidate­challenge­election­results/86053934/) by 53
votes, alleged that board President Ralph Coates "illegally obtained and turned in" about 100 absentee
(Photo: urfinguss / Getty
Images/iStockphoto)
applications and ballots, according to the petition he filed with the state Education Department.
Hardy requested an investigation by the state and a "stay" of the election results. The state denied the "stay"
over (/story/news/education/2016/08/01/state­denies­request­stay­poughkeepsie­school­election/87922332/) the summer.
In an appeal dismissal (https://www.docdroid.net/GHmsIKa/lance­hardy­commissioners­decision­dismissing­appeal­2.pdf.html) dated Oct. 6, state
Education Commissioner MaryEllen Elia said: "The appeal must be dismissed for failure to join necessary parties," which means that Johnson should
have been named as a respondent in Hardy's petition and served with a copy of it, because Johnson has a right to respond to the accusations. Hardy
also did not name Coates or trustee Gregory Charter, both of whom he accused of wrong­doing, as respondents in the petition, according to the state
decision.
Meanwhile, an investigation of the allegations is "outside the Commissioner's jurisdiction," the state said in the dismissal.
To the Journal, Coates has previously denied the accusations (/story/news/local/2016/06/26/poughkeepsie­board­candidate­challenge­election­
results/86053934/) that have been made by Hardy. Charter also denied Hardy's accusation that he handed in absentee ballots.
Of the 156 absentee ballots cast in this year's board election, 79 were marked void and discounted, according to information obtained by the
Journal in a Freedom of Information request. No reason has been given as to why the ballots were discounted.
At a public meeting on election day, board clerk Victoria Jackson (/videos/news/education/2016/05/18/84528226/) said that not all of the absentee
ballots had been counted (/story/news/education/2016/05/17/poughkeepsie­budget­passes/84231774/) in the final vote tally. When a board member
asked Jackson why, she said she was "advised by my personal attorney not to answer that (question) in public.”
When asked if he had a comment on the appeal decision, Johnson said: "Wow! I forgot all about this nonsense. I wish people would stop wasting
taxpayers hard earned money."
Hardy said his intent "in filing the appeal was to bring light on the improper behavior that existed in this election. I knew it was a long shot because I
am not a lawyer and the district has one. This appeal was lost on a technicality. Citizens need to remember this for the upcoming board election when
two seats are up (and) vote in candidates who really have the interest of students and this community at heart."
Nina Schutzman: [email protected], 845­451­4518, Twitter: @pojonschutzman
Read or Share this story: http://pojonews.co/2eskocW
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