2023 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  excess  ballots  withdrawn  from  the  box  and  shall  be signed by the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.