Lancaster County Board of Elections has stripped a reference to gambling from a ballot question proposed by Eastern Lancaster County school board regarding property taxes.

The elections board unanimously voted Tuesday to reject the school board's proposed wording.

The question will be on the general election ballot Nov. 4.

"We really didn't have a choice, because the law is so clear," said Terry Kauffman, chairman of the county elections board.

The school district wanted to mention the property tax reduction would come from "slot machine gambling revenue."

But state law spells out the exact wording of such a ballot question.

"Basically, the question leaves a blank space for the school district, and all you can do is plug a district's name into that space," Kauffman said.

District business manager Keith Ramsey said the district has no plans to appeal.

On May 29, the Elanco school board voted 5-3 against accepting the district's $441,818 share of $613 million in state tax-relief funds. Some board members said they voted to decline the money because it was generated by slot machine gambling.

Elanco was the only school district in Pennsylvania to forego the state funding.

The board's action means the owners of 6,644 properties who qualified for a farmstead or homestead exemption won't get a $66.53 reduction on their tax bills for 2008-09. The average Elanco property owner will pay $69 more in school taxes in 2008-09.

The board's decision touched off a controversy among the district's residents. Some agreed it's immoral to take money generated by gambling. Other residents have told board members they had no right to reject the money without first asking taxpayers.

At a July meeting of the school board, East Earl resident Tim Shay presented a petition with nearly 850 signatures calling for the entire school board to resign.

Shay objected to a card included in his tax bill that stated the board rejected the tax-relief funds because "the school district should not be associated in any manner with the social ills associated with slot machine operations."

"Now that's all well and good, except that's not your call," Shay told the school board in July. "I don't question your morals. … But you should not impose these morals on other people."

Under state law, the school district now must ask residents via ballot question to decide if the district will accept tax-relief money in 2009-10.

The $441,818 earmarked for the district this year was returned to the statewide funding pool for next year's tax relief.

On Aug. 18, the school board unanimously voted to propose the following ballot question:

"Do you favor residents of Eastern Lancaster County School District receiving state funds, derived from a state tax on slot machine gambling revenue, to reduce property taxes on qualified owner occupied residential properties?"

But Pennsylvania's Taxpayer Relief Act stipulates the question must be worded as follows:

"Do you favor (name of school district) receiving state funds to reduce property taxes on qualified residential properties?"

Ramsey said Elanco school board proposed the expanded question to assist voters at the polls.

"We felt that, based on some guidance from our solicitor, it was necessary to modify the question to better explain to voters what they were voting on," he said.

Kauffman said he understands, "but it's not up to the board of elections to question the intent of the Legislature."

The school board will be allowed to offer its explanation of the ballot question through posters that will be displayed at all polling places in the district on Nov. 4.

In addition to an outline of the finances involved and a brief history of the school board's actions, the explanation states, "Voting 'yes' means a vote for receipt of state funds derived from slot machine gambling to be applied to reduce property taxes …

"Voting 'no' means a vote against receipt of state funds derived from slot machine gambling to be applied to reduce property taxes … ."

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