N.Y. Education Law § 2610: Canvass of votes and return to board of education; declaration of result

§ 2610. Canvass of votes and return to board of education; declaration

of result. 1. Immediately upon the close of the polls the inspectors of

each school election district 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 election. If the number of ballots

found in the ballot box shall exceed the number of names, 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 one of the

inspectors designated by the board 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excess ballots withdrawn from the box and shall be signed by the

inspector who withdrew such ballots. Such envelope with the excess

ballots therein shall be placed in the box for the defective or spoiled

ballots.

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

manner provided for the canvassing of ballots at a general election

pursuant to the election law except as otherwise provided herein. The

votes cast for each candidate or proposition shall be tallied and

counted by the inspectors and a statement shall be made containing the

names of each candidate receiving votes in such district and the number

of votes cast for each candidate or proposition. Such statement shall

also give the number and describe the ballots which are declared void

and shall also specify the number of wholly blank ballots cast. Such

statement shall be signed by the inspectors. The ballots which were

declared void and not counted shall be enclosed in an envelope which

shall be sealed and endorsed as containing void ballots and signed by

the inspectors. Such envelope shall be placed in the ballot box

containing the defective and spoiled ballots.

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

required herein the ballots shall be replaced in the ballot box. Each

box shall be securely locked and sealed and deposited by an inspector

designated for the purpose with the clerk of the board of education. The

unused ballots shall be placed in a sealed package and returned by the

inspector designated for such purpose to such clerk at the same time

that such ballot boxes are delivered to him. The statement of the

canvass of the votes shall be delivered to the clerk of the board of

education either after the close of the polls on the day of the annual

or special election or on the day following the annual or special

election as the board of education shall determine by resolution adopted

at the last meeting of such board held before such election.

4. The board of education shall meet at the usual place of meeting at

such time as the statement of the canvass of the votes shall have been

delivered to the clerk of the board of education on the day of the

annual or special election or at eight o'clock in the evening of the day

following such election and shall forthwith examine and tabulate the

statements of the result of the election in the several school election

districts. Such board shall canvass the returns as contained in such

statements and shall determine the number of votes cast for each

candidate or proposition in the several school election districts. The

board shall thereupon declare the result of the canvass. 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 numbers 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. The proposition or propositions receiving a majority

of the votes cast therefor shall be declared adopted, except as

otherwise provided by law. The clerk of the board of education shall

record the result of the election as announced by the board of

education.

5. The clerk of the board of education shall within twenty-four hours

after the result of the election has been declared serve a written

notice either personally or by mail upon each person declared to be

elected as a member of the board of education.

6. 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.