Hempstead BOE election results voided, revote ordered after fraud alleged
Hempstead school board trustee Victor Pratt presides over a board meeting in 2024. Credit: Jeff Bachner
The results of an election for an open seat on the Hempstead school board have been voided and the district must hold a revote within 60 days, the state education commissioner ruled Thursday after allegations of election fraud were raised by the district, including cast ballots found in a garbage bag.
The ruling from Commissioner Betty A. Rosa comes 10 days after the district’s attorney filed an appeal with the state to challenge the results, and on the same day that Newsday reported on the district's findings of alleged misconduct.
Rosa's order did not comment on the district's allegations.
In a statement emailed by a district spokesman, the board said it "appreciates the Commissioner's expeditious review of this matter."
"The Board is committed to ensuring that the revote is conducted fairly, transparently, and in full compliance with all applicable legal requirements," the statement read in part.
Incumbent school board trustee Victor Pratt defeated three other candidates in the May 19 election.
Pratt received the third-highest number of votes cast via machine ballots, but his total shot up to 288 votes — the most of any candidate — after winning 82 absentee ballots. By comparison, the number of absentee ballots cast for each of the other three candidates were in the single digits, according to a report commissioned by the district.
The unusual disparity in absentee ballots raised alarm. The school board declined to certify the results the night of the election and appointed Austin Graff, a school district attorney, to investigate.
In a report, Graff concluded April Keys, the district clerk in charge of the election, conspired to keep Pratt, her favored candidate, in office. When interviewing Keys, Graff found the clerk could not explain how ripped-up cast ballots, mixed in with torn early mail ballot applications, wound up in trash later recovered by attorneys.
Attorneys for the Hempstead school district allegedly found ripped-up ballots in plastic bags during an investigation into the May 19 trustee election. Credit: Hempstead School District
Graff also found that Keys failed to safeguard election materials and refused help in processing early voting applications, purportedly to avoid "too many hands in the cookie jar."
Pratt was allegedly caught on camera leaving Keys’ office with about 100 absentee ballots the evening before the election, Graff noted in his report. Pratt, in an interview with Graff, said he could not remember what he did with them.
The board placed Keys and her assistant, Lottie Whitehead, on paid leave on May 22, three days after the election.
Pratt did not respond to a request for comment Thursday.
Keys could not be reached for comment. Her attorney, Jerald Carter, did not return a message seeking comment, but he previously said his client "conducted herself in conformity with all election law and conformity with past election practices within the district.”
Graff wrote in his report that he suspected the extent of the "potentially criminal conduct" may never be fully known.
The district has referred his findings to the Nassau County District Attorney’s Office. A spokeswoman there has said the office was reviewing the allegations.
As part of her order Thursday, Rosa said the new trustee vote should be overseen by Neil Boyle, district superintendent for the Putnam Northern Westchester BOCES. Boyle will serve as the district clerk for the revote.
Hempstead Superintendent Gary Rush said Thursday he was still digesting the commissioner’s order and that the district will reach out to Boyle to start discussions.
Gwendolyn Jackson, who finished second in the May election, said she learned of the commissioner’s order from a Newsday reporter.
Jackson said she was “stunned” by how quickly Rosa decided the issue and “very disappointed” that the district has to run a new election. She believes Pratt’s votes should be disqualified, making her the winner.
“I don't understand why we would have a new election,” she said. “I feel like I'm being penalized.”
Another candidate, Caprice Rines, said she agreed with the commissioner’s decision.
"This is what has to happen,” she said, adding she thought 60 days was too quick of a turnaround for a new vote.
“It's just not feasible for us to do what we have to do,” she said, noting it would take a significant time and effort to raise money and “get the word out” about her candidacy.
The fourth candidate, Eugenia Girtman, declined to comment.
