[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-8-2004 by L.L. No. 8-2004]
The purpose of this article is to comply with Article 15 and § 15-126 of the Election Law of the State of New York in order to provide for a runoff election in the event that more eligible persons remaining than the number to be elected receive for the same office or offices an equal number of votes in any general or special Village election.
In the event that more eligible persons than the number remaining to be elected receive for the same office or offices of the Village an equal number of votes, the Board of Trustees shall adopt a resolution stating the date and place and hours of the special runoff election, the names and addresses of the candidates involved in the runoff and the office and terms for which they are nominated. Said resolution shall include a statement 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 only the number of offices remaining unfilled as a result of the tie vote and includes only those candidates that received the equal number of votes for the same office. In addition, such resolution shall direct the Village Clerk to publish same at least 10 days prior to the election date.
The date for the special runoff election shall be held on the first Tuesday at least 10 days after the final certification of such tie results.
The special runoff election as provided for herein shall be waived and the selection made by lot as provided for by Article 15, § 15-126 of the Election Laws of the State of New York, as may be amended from time to time, if each person who shall have received such equal number of votes shall have filed with the Village Clerk no later than two days after such final certification of such tie vote, a written notice of consent that such selection be made by lot.