NY Educ L § 2610 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 53 - School Elections in City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants 2610 - Canvass of Votes and Return to Board of Education; Declaration of Result.

§ 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in an envelope which   shall be sealed and endorsed with a statement  of  the  number  of  such   excess  ballots  withdrawn  from  the  box  and  shall  be signed by the   inspector who withdrew such  ballots.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.