NY Elec L § 15-126 (2021)
2021 New York Laws ELN - Election Article 15 - Village Elections 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.