2023 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  statement  of  the  number of such excess ballots withdrawn from the box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 voter
a. does any act extrinsic to the ballot such as enclosing any paper or
  other article in the folded ballot, or
b. defaces or tears the ballot, or
c. makes an erasure thereon, or
d. 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, or
b.  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.