[HISTORY: Adopted by the Board of Trustees of the Village of Groton 12-19-1988 as L.L. No. 6-1988. Amendments noted where applicable.]
The purpose of this chapter is to provide a procedure for a runoff election in the event of a tie vote between eligible persons for a village office when the number of persons receiving the same amount of votes is larger than the number of positions remaining to be elected, in compliance with Article 15 and § 15-126 of the Election Law of the State of New York.
If two or more eligible persons running for a village office in any general or special election receive, for the same office or offices of the village, an equal number of votes and the number of such persons is greater than the number of persons for that position which remain to be elected, then the Board of Trustees, immediately after the canvassing of the election returns or at a special meeting called for such purpose, shall adopt a resolution stating:
The date for the special runoff election, which shall be held on the first Tuesday falling at least 10 days after the final certification of the results of a tie vote.
The polling place or places for the special election.
The hours of the special runoff election, which shall include at least the hours from 12:00 noon to 9:00 p.m.
The names and addresses of the candidates involved in the runoff, which shall be limited to only those candidates deemed nominated by receiving an equal number of votes for the same office.
The office or offices to be filled and terms of office.
That the runoff election is for those village offices for which a tie vote was received in the previous general or special election and is limited to those offices remaining unfilled as a result of the vote and including, as deemed nominated, only those candidates that received the equal number of votes for the same office.
That the Village Clerk shall publish, according to law, the text of the resolution at least 10 days prior to the election date.
The runoff election shall be conducted pursuant to the resolution of the Board of Trustees and Article 8 of the Election Law of the State of New York.
The special runoff election as provided in this chapter may be waived by the candidates. In order for the special runoff election to be waived, each person who would be a candidate if the special runoff election were to be held must file with the Village Clerk, within two days after the final certification of the tie vote, a written notice of consent that the selection of the winner of the election may be made by lot. If such notices of consent are timely filed, then the determination of the winner of the election shall be made by lot as provided for by Article 15, § 15-126, of the Election Law of the State of New York, as it may be amended from time to time.