N.Y.
Education Law Section 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unfolding in an envelope which shall be sealed and endorsed with a statement of the number of such excess ballots withdrawn from the box and shall be signed by the inspector who withdrew such ballots.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.
Source:
Section 2610 — Canvass of votes and return to board of education; declaration of result, https://www.nysenate.gov/legislation/laws/EDN/2610 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
