[HISTORY: Adopted by the Board of Trustees of the Village of Ballston
Spa 3-21-1989 by L.L. No. 1-1989.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was subject to a mandatory referendum,
which referendum was not conducted because no general election was to be held
within 60 days of the enactment of such local law.
In any general or special Village election for the position of Mayor,
Trustee or Village Justice in which two or more candidates for the elective
office receive an equal number of votes so that no one candidate for such
office shall receive majority or plurality of votes cast for such office,
the Village Clerk shall declare such election a tie.
A.
In the event that a tie vote is declared in any general
or special Village election for the office of Mayor, Trustee or Village Justice,
a runoff election between the tied candidates shall be held at a time established
by the Board of Trustees, but which runoff election shall be held on the first
Tuesday at least 10 days after the final certification of a tie.[1]
B.
In the event that the tie is not decided by the first
runoff election provided for herein, the runoff shall be repeated until such
time as one candidate receives either a plurality or majority of the votes
cast in any such runoff election.
C.
Any runoff election conducted pursuant to this chapter
shall be conducted in the same manner as any other general or special Village
election.
D.
Such runoff election shall be waived and the selection
be made by lot as otherwise provided in the Election Law if each person who
shall have received such equal number of votes shall file with the Village
Clerk, no later than two days after such final certification of such tie result,
a written notice of consent that such selection be made by lot.[2]
