2023 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.