2019 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.