NY Educ L § 2034 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 41 - District Meetings Part 1 - General Provisions 2034 - Canvass of Votes; Declaration of Result.

§ 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in an envelope which shall  be  sealed  and  endorsed  with  a   statement  of  the  number of such excess ballots withdrawn from the box   and shall be signed by the  chief  inspector.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 votera. does any act extrinsic to the ballot such as enclosing any paper or   other article in the folded ballot, orb. defaces or tears the ballot, orc. makes an erasure thereon, ord. 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, orb.  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 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  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.