N.Y. Election Law § 15-126: Canvass of election

§ 15-126. Canvass of election. 1. The inspectors of election of each

election district shall, immediately upon the closing of the polls at

each annual or biennial election, proceed to canvass the votes cast

thereat and shall complete such canvass without adjournment. They shall,

before nine o'clock in the forenoon of the following day, file with the

village clerk their certificates setting forth the holding of the

election, the total number of votes cast for each office, the number of

votes cast for each person for such office, the total number of votes

cast upon each proposition voted upon, and the number cast for and

against it. They shall also deliver to the village clerk at the same

time and place all ballot boxes, if there be such, and all unused

supplies and the American flag furnished for use in the polling place.

If the village contains more than one election district, the board of

trustees of such village shall meet at its usual place of meeting not

later than eight o'clock in the evening of the day after the election.

The village clerk shall produce at such meeting the returns of the

inspectors of election, at which time the board of trustees shall

canvass such returns and file in the office of the village clerk a

certificate declaring the result.

2. a. The person or persons eligible and receiving the highest number

of votes for an office shall be elected thereto.

b. 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, the board of trustees shall conduct a run-off election. Such

run-off election shall be held on the first Tuesday at least ten days

after the final certification of such tie result, subject to the

provisions of paragraph b of subdivision three of section 15-104 of this

article, provided, however, that the only persons who shall be deemed

nominated shall be those persons who shall have received such equal

number of votes. The order of the candidates names on the ballot shall

be determined by a drawing conducted by a village clerk, in the presence

of all those persons who received such equal number of votes, or a

representative of such persons.

c. Such run-off election may be waived and the selection made by lot

as otherwise provided by this section if each person who shall have

received such equal number of votes shall file with the village clerk,

no later than two days after such final certification of such tie

result, a written notice of consent that such selection be made by lot.

d. If a waiver of such run-off election shall occur, the village

clerk, no later than two days after receiving written notice of consent

that such selection be made by lot, shall certify such facts in writing

to any supreme court justice within the judicial district in which such

village is located and shall within three days summon the candidates

before him or her and he or she shall by lot determine which of them

shall be elected.

3. The village clerk may, and upon written request of any candidate

received within two days of the date of the village election, shall

cause a recanvass of the vote cast in any village election to be made.

The recanvass shall be conducted by the county board of elections of the

county in which the village is located. For the purposes of this

section, a village shall be deemed to be located within a county if more

than fifty per cent of the population of the village as shown by the

last federal decennial, or special census resides in that portion of the

village located in that county. The village clerk shall, within one day

after the written request for a recanvass is received notify the county

board of elections of such request, whereupon the board of elections

shall assume the duty of such recanvass and shall take all steps

necessary and consistent with this chapter to cause a recanvass of the

vote. Such recanvass shall be completed within five days of such notice

to the county board of elections. The institution of a recanvass shall

immediately stay any further action by, or on behalf of, the village

clerk with regard to further election procedures required by this

section. Judicial review as provided by this chapter must be commenced

no later than three days after the completion of the recanvass by the

board of elections. Upon completion of the recanvass, the county board

of elections shall notify the village clerk of the result. If no

judicial proceedings have been instituted, the clerk shall proceed to

notify the persons elected as provided in this article. If judicial

proceedings have been instituted, such notice shall not be given until

completion of such review.