This text of New York § 2610 (Canvass of votes and return to board of education; declaration of result) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 2610. Canvass of votes and return to board of education; declaration\nof result.
1.Immediately upon the close of the polls the inspectors of\neach school election district shall count the ballots found in the\nballot box without unfolding them, except so far as is necessary to\nascertain that each ballot is single. They shall compare the number of\nballots found in the ballot box with the number of persons recorded on\nthe poll list as having voted at the election. If the number of ballots\nfound in the ballot box shall exceed the number of names, such ballots\nshall be replaced without being unfolded in the box from which they were\ntaken and shall be thoroughly mingled in such box and one of the\ninspectors designated by the board shall then publicly draw out as many\nballots as sha
Free access — add to your briefcase to read the full text and ask questions with AI
§ 2610. Canvass of votes and return to board of education; declaration\nof result. 1. Immediately upon the close of the polls the inspectors of\neach school election district shall count the ballots found in the\nballot box without unfolding them, except so far as is necessary to\nascertain that each ballot is single. They shall compare the number of\nballots found in the ballot box with the number of persons recorded on\nthe poll list as having voted at the election. If the number of ballots\nfound in the ballot box shall exceed the number of names, such ballots\nshall be replaced without being unfolded in the box from which they were\ntaken and shall be thoroughly mingled in such box and one of the\ninspectors designated by the board shall then publicly draw out as many\nballots as shall be equal to the number of excess ballots. The ballots\nso drawn out shall be enclosed without unfolding in an envelope which\nshall be sealed and endorsed with a statement of the number of such\nexcess ballots withdrawn from the box and shall be signed by the\ninspector who withdrew such ballots. Such envelope with the excess\nballots therein shall be placed in the box for the defective or spoiled\nballots.\n 2. The ballots shall be counted or canvassed by the inspectors in the\nmanner provided for the canvassing of ballots at a general election\npursuant to the election law except as otherwise provided herein. The\nvotes cast for each candidate or proposition shall be tallied and\ncounted by the inspectors and a statement shall be made containing the\nnames of each candidate receiving votes in such district and the number\nof votes cast for each candidate or proposition. Such statement shall\nalso give the number and describe the ballots which are declared void\nand shall also specify the number of wholly blank ballots cast. Such\nstatement shall be signed by the inspectors. The ballots which were\ndeclared void and not counted shall be enclosed in an envelope which\nshall be sealed and endorsed as containing void ballots and signed by\nthe inspectors. Such envelope shall be placed in the ballot box\ncontaining the defective and spoiled ballots.\n 3. After the ballots are counted and the statements have been made as\nrequired herein the ballots shall be replaced in the ballot box. Each\nbox shall be securely locked and sealed and deposited by an inspector\ndesignated for the purpose with the clerk of the board of education. The\nunused ballots shall be placed in a sealed package and returned by the\ninspector designated for such purpose to such clerk at the same time\nthat such ballot boxes are delivered to him. The statement of the\ncanvass of the votes shall be delivered to the clerk of the board of\neducation either after the close of the polls on the day of the annual\nor special election or on the day following the annual or special\nelection as the board of education shall determine by resolution adopted\nat the last meeting of such board held before such election.\n 4. The board of education shall meet at the usual place of meeting at\nsuch time as the statement of the canvass of the votes shall have been\ndelivered to the clerk of the board of education on the day of the\nannual or special election or at eight o'clock in the evening of the day\nfollowing such election and shall forthwith examine and tabulate the\nstatements of the result of the election in the several school election\ndistricts. Such board shall canvass the returns as contained in such\nstatements and shall determine the number of votes cast for each\ncandidate or proposition in the several school election districts. The\nboard shall thereupon declare the result of the canvass. The candidates\nreceiving a plurality of the votes cast respectively for the several\noffices shall be declared elected. Where more than one office is to be\nfilled by such election and there is a variance in the length of the\nterms for which such offices are to be filled as authorized by this\nchapter, or where one or more persons are to be elected for a full term\nor terms and one or more persons are to be elected for the unexpired\nportion of a term or terms, or both, the candidate receiving the largest\nnumber of votes shall be entitled to the longest term and the candidates\nreceiving the next highest numbers of votes shall be entitled, in\ndecreasing order of the respective numbers of votes, to the several\noffices, in decreasing order of the length of such terms or unexpired\nportions of terms. The proposition or propositions receiving a majority\nof the votes cast therefor shall be declared adopted, except as\notherwise provided by law. The clerk of the board of education shall\nrecord the result of the election as announced by the board of\neducation.\n 5. The clerk of the board of education shall within twenty-four hours\nafter the result of the election has been declared serve a written\nnotice either personally or by mail upon each person declared to be\nelected as a member of the board of education.\n 6. 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