N.Y. Education Law § 2034: Canvass of votes; declaration of result

§ 2034. Canvass of votes; declaration of result. 1. Immediately upon

the close of the polls the inspectors of election shall count the

ballots found in the ballot box without unfolding them, except so far as

is necessary to ascertain that each ballot is single. They shall compare

the number of ballots found in the ballot box with the number of persons

recorded on the poll list as having voted at the meeting or election. If

the number of ballots found in the ballot box shall exceed the number of

names on such poll list, such ballots shall be replaced without being

unfolded in the box from which they were taken and shall be thoroughly

mingled in such box and the chief inspector of election shall then

publicly draw out as many ballots as shall be equal to the number of

excess ballots. The ballots so drawn out shall be enclosed without

unfolding in an envelope which shall be sealed and endorsed with a

statement of the number of such excess ballots withdrawn from the box

and shall be signed by the chief inspector. Such envelope with the

excess ballots therein shall be placed in the ballot box as provided in

subdivision six of this section.

2. The ballots shall be counted or canvassed by the inspectors of

election and the votes cast for each candidate shall be tallied and

counted by the inspectors of election.

3. The whole ballot is void if the voter

a. does any act extrinsic to the ballot such as enclosing any paper or

other article in the folded ballot, or

b. defaces or tears the ballot, or

c. makes an erasure thereon, or

d. in a union free school district meeting or election, makes any mark

thereon other than a single cross X mark in pen or pencil, or a single

check * mark, in pen or pencil, in a voting square, or other than the

writing in a name for the purpose of voting; provided, however, that an

erasure or a mark other than a single cross X mark in pen or pencil, or

a single check * mark, in pen or pencil, made in a voting square shall

not make the ballot void, but shall render it blank as to the office in

connection with which it is made. No ballot shall be declared void or

partially blank because a cross X mark or check * mark thereon is

irregular in form.

* NB There should be a check mark in this space.

4. In a union free school district meeting or election, if the voter

marks more than one name in a group for a separate specific office or if

for any reason it is impossible to determine the voter's choice of

candidate for an office his vote shall not be counted for such office

but shall be returned as a blank vote thereon.

5. The inspectors of election shall announce to the chairman the

results of the ballot. The ballots that were declared void or wholly

blank shall be sealed in an envelope and so endorsed by the inspectors

of election. Such envelope shall be placed in the ballot box as

provided in subdivision six of this section.

6. After the ballots are counted and the statements have been made as

required in this section, the ballots, together with the envelopes

containing the defective or spoiled ballots, the excess ballots and the

void or wholly blank ballots, shall be placed in the ballot box or

boxes. Each box shall be securely locked and sealed by the inspectors of

election and deposited by the chief inspector with the clerk of the

district. The unused ballots shall be placed in a sealed package by the

inspectors of election and returned to such clerk by the chief inspector

at the same time that such ballot box, or boxes, are delivered to him.

The ballot box, or boxes, and the package of unused ballots, after being

sealed by the inspectors of election, shall not thereafter be opened,

except:

a. upon the order of the commissioner of education in the manner

specified in such order, or

b. when a period of six months from the date of the meeting or

election has elapsed without any proceeding being commenced in regard to

such meeting or election, the board of education may, notwithstanding

any provision of this chapter or of the public officers law to the

contrary, by written resolution order the unsealing and opening of the

ballot box, or boxes, and the destruction of all ballots contained

therein, together with the unused ballots.

7. a. Except as provided in paragraph c of this subdivision, the

chairman shall declare to the meeting or election the result of each

ballot, as announced to him by the inspectors of election, and the

persons having a plurality of the votes cast, respectively, for the

several offices shall be elected except as provided in paragraphs b and

d of this subdivision.

b. If the school district shall have been divided into election

districts pursuant to section two thousand seventeen of this chapter the

inspectors of election shall make a written report of the results of the

ballot, signed by all such inspectors, to the chief inspector of

election of each election district. The chief inspector of election of

each election district shall within twenty-four hours file such written

report with the clerk of the district. The board of education shall

thereupon within twenty-four hours tabulate and declare the result of

the ballot.

c. If the school district shall have adopted a proposition pursuant to

paragraph b of section two thousand eighteen, the candidates receiving a

plurality of the votes cast respectively for the several offices shall

be declared elected. Where more than one office is to be filled by such

election and there is a variance in the length of the terms for which

such offices are to be filled as authorized by this chapter, or where

one or more persons are to be elected for a full term or terms and one

or more persons are to be elected for the unexpired portion of a term or

terms, or both, the candidate receiving the largest number of votes

shall be entitled to the longest term and the candidates receiving the

next highest number of votes shall be entitled, in decreasing order of

the respective numbers of votes, to the several offices, in decreasing

order of the length of such terms or unexpired portions of terms.

8. The clerk of the meeting or election shall record the result of

each ballot as declared by the chairman.

9. The clerk of the district shall serve a written notice either

personally or by mail upon each person declared elected as provided in

subdivision five of section twenty-one hundred twenty-one of this

chapter.

10. In the event that more eligible persons than the number remaining

to be elected receive, for the same office or offices, an equal number

of votes sufficient that fewer persons receiving such number of votes

would be elected, the board of education shall call a special run-off

election to be held within forty-five days following the general or

special election at which such tie vote was cast to determine which of

such candidates shall be elected to such office. The only persons who

shall be deemed nominated for such run-off election shall be the

candidates who have received such equal number of votes.