New York Laws
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statement of the number of such excess ballots withdrawn from the box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.