Informal Opinion No.

Alfred L. Goldberger, Esq. Corporation Counsel, City of Schenectady

Your office has asked whether any authority exists for a municipality to institute a runoff election when no candidate in the general election receives a majority of the votes cast.

Under the Election Law, the candidate who receives the most votes — a plurality — is declared the winner (Election Law, §§6-160, 9-212, 9-214, 9-216; Matter of Ingamells, 259 App. Div. 36 [4th Dept, 1940]; see Butts v City of New York, 614 F. Supp. 1527, 1535 [SDNY], revd 779 F.2d 141 [2d Cir, 1985]). A majority vote is not required to win an…