New York Education Code § 2034

Canvass of votes; declaration of result
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§ 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in an envelope which shall be sealed and endorsed with a\nstatement of the number of such excess ballots withdrawn from the box\nand shall be signed by the chief inspector.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 

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