Section 15-126. Canvass of election  


Latest version.
  • 1. The inspectors of election of each
      election district shall, immediately upon the closing of  the  polls  at
      each  annual  or  biennial  election,  proceed to canvass the votes cast
      thereat and shall complete such canvass without adjournment. They shall,
      before nine o'clock in the forenoon of the following day, file with  the
      village  clerk  their  certificates  setting  forth  the  holding of the
      election, the total number of votes cast for each office, the number  of
      votes  cast  for  each person for such office, the total number of votes
      cast upon each proposition voted upon,  and  the  number  cast  for  and
      against  it.  They  shall  also deliver to the village clerk at the same
      time and place all ballot boxes,  if  there  be  such,  and  all  unused
      supplies  and  the American flag furnished for use in the polling place.
      If the village contains more than one election district,  the  board  of
      trustees  of  such  village shall meet at its usual place of meeting not
      later than eight o'clock in the evening of the day after  the  election.
      The  village  clerk  shall  produce  at  such meeting the returns of the
      inspectors of election, at  which  time  the  board  of  trustees  shall
      canvass  such  returns  and  file  in  the office of the village clerk a
      certificate declaring the result.
        2. a. The person or persons eligible and receiving the highest  number
      of votes for an office shall be elected thereto.
        b.  In  the event that more eligible persons than the number remaining
      to be elected receive for the same office or offices an equal number  of
      votes,  the  board  of  trustees  shall conduct a run-off election. Such
      run-off election shall be held on the first Tuesday at  least  ten  days
      after  the  final  certification  of  such  tie  result,  subject to the
      provisions of paragraph b of subdivision three of section 15-104 of this
      article, provided, however, that the only persons who  shall  be  deemed
      nominated  shall  be  those  persons  who shall have received such equal
      number of votes. The order of the candidates names on the  ballot  shall
      be determined by a drawing conducted by a village clerk, in the presence
      of  all  those  persons  who  received  such equal number of votes, or a
      representative of such persons.
        c. Such run-off election may be waived and the selection made  by  lot
      as  otherwise  provided  by  this  section 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.
        d. 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 the judicial district in which such
      village is located and shall within three  days  summon  the  candidates
      before  him  or  her  and he or she shall by lot determine which of them
      shall be elected.
        3. The village clerk may, and upon written request  of  any  candidate
      received  within  two  days  of  the date of the village election, shall
      cause a recanvass of the vote cast in any village election to  be  made.
      The recanvass shall be conducted by the county board of elections of the
      county  in  which  the  village  is  located.  For  the purposes of this
      section, a village shall be deemed to be located within a county if more
      than fifty per cent of the population of the village  as  shown  by  the
      last federal decennial, or special census resides in that portion of the
      village  located in that county. The village clerk shall, within one day
      after the written request for a recanvass is received notify the  county
      board  of  elections  of  such request, whereupon the board of elections
      shall assume the duty  of  such  recanvass  and  shall  take  all  steps
      necessary  and  consistent with this chapter to cause a recanvass of the
    
      vote. Such recanvass shall be completed within five days of such  notice
      to  the  county board of elections. The institution of a recanvass shall
      immediately stay any further action by, or on  behalf  of,  the  village
      clerk  with  regard  to  further  election  procedures  required by this
      section. Judicial review as provided by this chapter must  be  commenced
      no  later  than  three days after the completion of the recanvass by the
      board of elections. Upon completion of the recanvass, the  county  board
      of  elections  shall  notify  the  village  clerk  of  the result. If no
      judicial proceedings have been instituted, the clerk  shall  proceed  to
      notify  the  persons  elected  as  provided in this article. If judicial
      proceedings have been instituted, such notice shall not be  given  until
      completion of such review.