New York Laws
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excess ballots withdrawn from the box and shall be signed by the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.