N.Y. Comp. Codes R. & Regs. tit. 21 § 5021.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 5021.7 - Procedures in the event of a tie vote

(a) A ballot shall be prepared setting forth the names of the candidates and alternate candidates who tied and listing them in the order in which they appeared on the original ballot.

(b) Ballots shall be mailed by first class mail to all retired members of the system eligible to vote in the regular election during the month of November as soon as reasonably practical after the tie vote has been certified.

(c) All ballots must be delivered or mailed to the location within New York State established by the system. In order to be counted in the special election, ballots must be delivered or sent by mail postmarked no later than the 14th day of December and received no more than one day (exclusive of Sunday) prior to the certification of the election.

(d) The Chair of the Board of Elections shall fix a date and time mutually convenient for the members of the board, but no later than the 31st day of December in the year in which the election is held, to certify the election in accordance with the procedures set forth in section 5021.6 of this Part. For the purposes of this section, however, the Board of Elections shall consist of the chair and those appointees of the candidates standing for the special election.

(e) The Board of Elections shall certify the election of the candidate receiving the highest number of valid ballots cast in the election and the Chair of the Board of Elections shall give written notice to the candidate so elected as soon as reasonably practicable after such certification. In the event of a tie, the winner of the election shall be determined by the Board of Elections by lot.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 5021.7