[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-21-2005 by L.L. No. 11-2005]
All terms not defined herein shall have the
meanings as set forth in the New York State Election Law.
Except as otherwise provided by law, to be elected
to a local public office, a candidate must receive more votes than
any other candidate for the office.
A.Â
In an election requiring a plurality vote, in the
event that more eligible candidates than the number remaining to be
elected receive for the same office or offices an equal number of
votes, a second, run-off election to fill the office shall be held
("run-off election").
B.Â
Conduct of run-off elections.
(1)Â
Such run-off election shall be held on the first Tuesday
at least 10 days after the final certification of such tie result;
provided, however, that the only persons who shall be deemed eligible
for the run-off election shall be those persons who shall have received
such equal number of votes, who, as a result of a tie, are eligible
for election.
(2)Â
The order of the candidates' names on the ballot shall
be determined by a drawing conducted by the Village Clerk, in the
presence of all those persons who received such equal number of votes,
or a representative of such persons.
C.Â
Waiver.
(1)Â
Such run-off election may be waived and the selection
made by lot 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 results, a written notice
of consent that such selection be made by lot.
(2)Â
If a waiver of such run-off election shall occur,
the Village Clerk, no later than two days after receiving written
notice of consent that such selection be made by lot, shall certify
such facts in writing to any Supreme Court Justice within Westchester
County, who shall, within three days, summon the candidates before
him and he shall by lot, determine which of them shall be elected.