N.Y. ELN Law § 15-126 — New York Code / Act ELN / Article 15 / Section 15-126
Canvass of election
Status: in_force

§ 15-126. Canvass of election. 1. The inspectors of election of each\nelection district shall, immediately upon the closing of the polls at\neach annual or biennial election, proceed to canvass the votes cast\nthereat and shall complete such canvass without adjournment. They shall,\nbefore nine o'clock in the forenoon of the following day, file with the\nvillage clerk their certificates setting forth the holding of the\nelection, the total number of votes cast for each office, the number of\nvotes cast for each person for such office, the total number of votes\ncast upon each proposition voted upon, and the number cast for and\nagainst it. They shall also deliver to the village clerk at the same\ntime and place all ballot boxes, if there be such, and all unused\nsupplies and the American flag furnished for use in the polling place.\nIf the village contains more than one election district, the board of\ntrustees of such village shall meet at its usual place of meeting not\nlater than eight o'clock in the evening of the day after the election.\nThe village clerk shall produce at such meeting the returns of the\ninspectors of election, at which time the board of trustees shall\ncanvass such returns and file in the office of the village clerk a\ncertificate declaring the result.\n  2. a. The person or persons eligible and receiving the highest number\nof votes for an office shall be elected thereto.\n  b. In the event that more eligible persons than the number remaining\nto be elected receive for the same office or offices an equal number of\nvotes, the board of trustees shall conduct a run-off election. Such\nrun-off election shall be held on the first Tuesday at least ten days\nafter the final certification of such tie result, subject to the\nprovisions of paragraph b of subdivision three of section 15-104 of this\narticle, provided, however, that the only persons who shall be deemed\nnominated shall be those persons who shall have received such equal\nnumber of votes. The order of the candidates names on the ballot shall\nbe determined by a drawing conducted by a village clerk, in the presence\nof all those persons who received such equal number of votes, or a\nrepresentative of such persons.\n  c. Such run-off election may be waived and the selection made by lot\nas otherwise provided by this section if each person who shall have\nreceived such equal number of votes shall file with the village clerk,\nno later than two days after such final certification of such tie\nresult, a written notice of consent that such selection be made by lot.\n  d. If a waiver of such run-off election shall occur, the village\nclerk, no later than two days after receiving written notice of consent\nthat such selection be made by lot, shall certify such facts in writing\nto any supreme court justice within the judicial district in which such\nvillage is located and shall within three days summon the candidates\nbefore him or her and he or she shall by lot determine which of them\nshall be elected.\n  3. The village clerk may, and upon written request of any candidate\nreceived within two days of the date of the village election, shall\ncause a recanvass of the vote cast in any village election to be made.\nThe recanvass shall be conducted by the county board of elections of the\ncounty in which the village is located. For the purposes of this\nsection, a village shall be deemed to be located within a county if more\nthan fifty per cent of the population of the village as shown by the\nlast federal decennial, or special census resides in that portion of the\nvillage located in that county. The village clerk shall, within one day\nafter the written request for a recanvass is received notify the county\nboard of elections of such request, whereupon the board of elections\nshall assume the duty of such recanvass and shall take all steps\nnecessary and consistent with this chapter to cause a recanvass of the\nvote. Such recanvass shall be completed within five days of such notice\nto the county board of elections. The institution of a recanvass shall\nimmediately stay any further action by, or on behalf of, the village\nclerk with regard to further election procedures required by this\nsection. Judicial review as provided by this chapter must be commenced\nno later than three days after the completion of the recanvass by the\nboard of elections. Upon completion of the recanvass, the county board\nof elections shall notify the village clerk of the result. If no\njudicial proceedings have been instituted, the clerk shall proceed to\nnotify the persons elected as provided in this article. If judicial\nproceedings have been instituted, such notice shall not be given until\ncompletion of such review.\n