NY Bus Corp L § 611 (2021)
2021 New York Laws BSC - Business Corporation Article 6 - Shareholders 611 - Duties of Inspectors at Shareholders' Meetings.

§ 611. Duties of inspectors at shareholders' meetings.  (a)  The  inspectors  shall determine the number of shares outstanding and the voting power of each, the shares represented at the meeting, the existence of a quorum, the validity and effect  of  proxies,  and  shall receive  votes,  ballots  or consents, hear and determine all challenges and questions arising in connection with the right to  vote,  count  and tabulate  all  votes,  ballots or consents, determine the result, and do such acts as are proper to conduct the election or vote with fairness to all shareholders.  On request of the person presiding at the meeting  or any  shareholder  entitled  to vote thereat, the inspectors shall make a report in writing of any challenge, question  or  matter  determined  by them  and execute a certificate of any fact found by them. Any report or certificate made by them shall be prima  facie  evidence  of  the  facts stated and of the vote as certified by them.  (b)  In  determining the validity and counting of proxies, ballots and consents, the inspectors shall be  limited  to  an  examination  of  the proxies,  any  envelopes  submitted with those proxies and consents, any information provided in accordance with section 609  (Proxies),  ballots and  the  regular  books and records of the corporation, except that the inspectors may consider  other  reliable  information  for  the  limited purpose  of reconciling proxies, ballots and consents submitted by or on behalf of banks,  brokers,  their  nominees  or  similar  persons  which represent  more  votes  than  the holder of a proxy is authorized by the record owner to cast or more votes than the stockholder holds of record. If the inspectors consider other reliable information  for  the  limited purpose  permitted  herein,  the  inspectors at the time they make their certification pursuant to paragraph (a) of this  section  shall  specify the  precise  information  considered  by  them  including the person or persons from whom they obtained the information,  when  the  information was  obtained,  the  means by which the information was obtained and the basis for the inspectors' belief that such information is reliable.  (c) The date and time (which need not be a particular time of day)  of the  opening and the closing of the polls for each matter upon which the shareholders will vote at a meeting shall be  announced  by  the  person presiding at the meeting at the beginning of the meeting and, if no date and  time  is  so  announced,  the  polls  shall close at the end of the meeting, including  any  adjournment  thereof.  No  ballot,  proxies  or consents,  nor  any  revocation  thereof  or  changes  thereto, shall be accepted by the inspectors after the closing of polls in accordance with section 605 (Notice of meetings  of  shareholders)  unless  the  supreme court  at  a  special  term  held within the judicial district where the office of the corporation is located upon application by  a  shareholder shall determine otherwise.  (d)  Unless  otherwise provided in the certificate of incorporation or by-laws, paragraphs (a) and (c) of this section shall  not  apply  to  a corporation that does not have a class of voting stock that is listed on a  national  securities  exchange  or  authorized  for  quotation  on an interdealer  quotation  system  of  a  registered  national   securities association.    Notwithstanding  the foregoing, any corporation may take the actions set forth in paragraphs (a) and (c) of this section.