N.Y. Education Law Section 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unfolding in an envelope which shall be sealed and endorsed with a statement of the number of such excess ballots withdrawn from the box and shall be signed by the chief inspector.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 § 2017 (Division of union free school district into election districts)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 § 2121 (Duties of district clerk)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.

Source: Section 2034 — Canvass of votes; declaration of result, https://www.­nysenate.­gov/legislation/laws/EDN/2034 (updated Sep. 22, 2014; accessed Jun. 8, 2024).

2001
Notice of first meeting of district
2002
Time and place of annual meeting
2003
Notice of annual meeting in common school district
2004
Notice of annual meeting in union free school district
2005
Special meeting to transact business of annual meeting
2006
Special meeting in common school district
2007
Special meeting in union free school district
2008
Call of special district meeting by district superintendent
2009
Additional requirements of notice where tax to be authorized to be levied in installments
2010
Effect of want of due notice of district meetings
2011
Duty to attend district meetings
2012
Qualifications of voters at district meetings
2014
Registration of voters
2015
Register to be filed
2016
Review of registration procedure by supreme court or county judge
2017
Division of union free school district into election districts
2018
Nomination of candidates for the office of member of the board of education in all union free school districts or for the office of membe...
2018‑A
Absentee ballots for school district elections
2018‑B
Absentee ballots for school district elections by poll registration
2018‑C
Additional voting procedures
2018‑D
Military voters
2018‑E
Early mail ballots for school district elections
2019
Declaration in case of challenge of voter
2019‑A
Voting by persons whose names are not in the registration poll ledgers
2020
Penalty for false declaration or unauthorized vote
2021
Powers of voters
2022
Vote on school district budgets and on the election of school district trustees and board of education members
2023
Levy of tax for certain purposes without vote
2023‑A
Limitations upon school district tax levies
2023‑B
Certification of compliance with tax levy limit
2024
Reference to commissioner of education
2025
Procedures at school district meetings
2029
Poll list
2030
Ballot box
2031
Election of officers
2031‑A
Electioneering within one hundred feet of polling place prohibited
2032
Ballots for election of school district officers
2033
Voting after closing of polls
2034
Canvass of votes
2035
Use of voting machines at school district meetings or elections
2036
Effect of failure to appoint or elect qualified voters as district meeting or election officials
2037
Determination of meeting or election disputes
2038
Application of article
2039
Application of article

Accessed:
Jun. 8, 2024

Last modified:
Sep. 22, 2014

§ 2034’s source at nysenate​.gov

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