§ 2034 — Canvass of votes; declaration of result

§ 2034. Canvass of votes; declaration of result. 1. Immediately upon\nthe close of the polls the inspectors of election shall count the\nballots found in the ballot box without unfolding them, except so far as\nis necessary to ascertain that each ballot is single. They shall compare\nthe number of ballots found in the ballot box with the number of persons\nrecorded on the poll list as having voted at the meeting or election. If\nthe number of ballots found in the ballot box shall exceed the number of\nnames on such poll list, such ballots shall be replaced without being\nunfolded in the box from which they were taken and shall be thoroughly\nmingled in such box and the chief inspector of election shall then\npublicly draw out as many ballots as shall be equal to the number of\nexcess ballots. The ballots so drawn out shall be enclosed without\nunfolding in an envelope which shall be sealed and endorsed with a\nstatement of the number of such excess ballots withdrawn from the box\nand shall be signed by the chief inspector. Such envelope with the\nexcess ballots therein shall be placed in the ballot box as provided in\nsubdivision six of this section.\n 2. The ballots shall be counted or canvassed by the inspectors of\nelection and the votes cast for each candidate shall be tallied and\ncounted by the inspectors of election.\n 3. The whole ballot is void if the voter\n a. does any act extrinsic to the ballot such as enclosing any paper or\nother article in the folded ballot, or\n b. defaces or tears the ballot, or\n c. makes an erasure thereon, or\n d. in a union free school district meeting or election, makes any mark\nthereon other than a single cross X mark in pen or pencil, or a single\ncheck * mark, in pen or pencil, in a voting square, or other than the\nwriting in a name for the purpose of voting; provided, however, that an\nerasure or a mark other than a single cross X mark in pen or pencil, or\na single check * mark, in pen or pencil, made in a voting square shall\nnot make the ballot void, but shall render it blank as to the office in\nconnection with which it is made. No ballot shall be declared void or\npartially blank because a cross X mark or check * mark thereon is\nirregular in form.\n * NB There should be a check mark in this space.\n 4. In a union free school district meeting or election, if the voter\nmarks more than one name in a group for a separate specific office or if\nfor any reason it is impossible to determine the voter's choice of\ncandidate for an office his vote shall not be counted for such office\nbut shall be returned as a blank vote thereon.\n 5. The inspectors of election shall announce to the chairman the\nresults of the ballot. The ballots that were declared void or wholly\nblank shall be sealed in an envelope and so endorsed by the inspectors\nof election. Such envelope shall be placed in the ballot box as\nprovided in subdivision six of this section.\n 6. After the ballots are counted and the statements have been made as\nrequired in this section, the ballots, together with the envelopes\ncontaining the defective or spoiled ballots, the excess ballots and the\nvoid or wholly blank ballots, shall be placed in the ballot box or\nboxes. Each box shall be securely locked and sealed by the inspectors of\nelection and deposited by the chief inspector with the clerk of the\ndistrict. The unused ballots shall be placed in a sealed package by the\ninspectors of election and returned to such clerk by the chief inspector\nat the same time that such ballot box, or boxes, are delivered to him.\nThe ballot box, or boxes, and the package of unused ballots, after being\nsealed by the inspectors of election, shall not thereafter be opened,\nexcept:\n a. upon the order of the commissioner of education in the manner\nspecified in such order, or\n b. when a period of six months from the date of the meeting or\nelection has elapsed without any proceeding being commenced in regard to\nsuch meeting or election, the board of education may, notwithstanding\nany provision of this chapter or of the public officers law to the\ncontrary, by written resolution order the unsealing and opening of the\nballot box, or boxes, and the destruction of all ballots contained\ntherein, together with the unused ballots.\n 7. a. Except as provided in paragraph c of this subdivision, the\nchairman shall declare to the meeting or election the result of each\nballot, as announced to him by the inspectors of election, and the\npersons having a plurality of the votes cast, respectively, for the\nseveral offices shall be elected except as provided in paragraphs b and\nd of this subdivision.\n b. If the school district shall have been divided into election\ndistricts pursuant to section two thousand seventeen of this chapter the\ninspectors of election shall make a written report of the results of the\nballot, signed by all such inspectors, to the chief inspector of\nelection of each election district. The chief inspector of election of\neach election district shall within twenty-four hours file such written\nreport with the clerk of the district. The board of education shall\nthereupon within twenty-four hours tabulate and declare the result of\nthe ballot.\n c. If the school district shall have adopted a proposition pursuant to\nparagraph b of section two thousand eighteen, the candidates receiving a\nplurality of the votes cast respectively for the several offices shall\nbe declared elected. Where more than one office is to be filled by such\nelection and there is a variance in the length of the terms for which\nsuch offices are to be filled as authorized by this chapter, or where\none or more persons are to be elected for a full term or terms and one\nor more persons are to be elected for the unexpired portion of a term or\nterms, or both, the candidate receiving the largest number of votes\nshall be entitled to the longest term and the candidates receiving the\nnext highest number of votes shall be entitled, in decreasing order of\nthe respective numbers of votes, to the several offices, in decreasing\norder of the length of such terms or unexpired portions of terms.\n 8. The clerk of the meeting or election shall record the result of\neach ballot as declared by the chairman.\n 9. The clerk of the district shall serve a written notice either\npersonally or by mail upon each person declared elected as provided in\nsubdivision five of section twenty-one hundred twenty-one of this\nchapter.\n 10. In the event that more eligible persons than the number remaining\nto be elected receive, for the same office or offices, an equal number\nof votes sufficient that fewer persons receiving such number of votes\nwould be elected, the board of education shall call a special run-off\nelection to be held within forty-five days following the general or\nspecial election at which such tie vote was cast to determine which of\nsuch candidates shall be elected to such office. The only persons who\nshall be deemed nominated for such run-off election shall be the\ncandidates who have received such equal number of votes.\n