N.Y. Elec. Law § 9-124
Returns of canvass, procedure after
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
§ 9-124. Returns of canvass, procedure after. 1. After the returns of\nthe canvass are made out and signed, the inspectors shall enclose the\nprotested and void ballots and the ballots cast in affidavit envelopes\nin a separate sealed envelope or envelopes and endorse thereon a\ncertificate signed by each of them stating the number of the district\nand the number of ballots contained in such envelope or envelopes. The\ninspectors shall enclose the unscanned voted ballots canvassed in\naccordance with section 9-110 of this title in a separate sealed\nenvelope and endorse thereon a certificate signed by each of them\nstating the number of the district and the number of ballots contained\nin such envelope. The inspectors shall then package and seal the other\nvoted ballots and place them in one or more boxes or containers, and\ninclude within such boxes or containers one portable memory device from\neach ballot scanner pursuant to paragraph (d) of subdivision two of\nsection 9-102 of this title, and any absentee, military, special\nfederal, or special presidential ballots which may have been delivered\nto the poll site during election day, and securely lock and seal such\nboxes or containers. Notwithstanding the preceding sentence, such\nportable memory device from each ballot scanner with the corresponding\nresults tape may be enclosed in a sealed container and transported prior\nto and separately from other materials referenced in this section for\nthe purpose of using such device to provide an unofficial tally of\nresults as required by section 9-126 of this title.\n 2. Each box, envelope, or container containing the ballots and stubs,\nif any, and all items described in subdivision one of this section shall\nbe deposited by an inspector designated for that purpose with the\nofficer or board from whom or which the board of inspectors received it.\nIn the city of New York, every such box, envelope, or container shall be\ndelivered at the polling place to police or peace officers designated by\nthe police commissioner of such city, who shall deposit them with the\nboard of elections.\n 3. (a) Except in the city of New York, the registration poll records\nor computer generated registration lists, the returns of canvass with\nresults tapes and tally sheets, if any, annexed, the voted ballots,\nstubs, opened packages of unused ballots and ballot envelopes, any\nabsentee, military, special federal, or special presidential ballots\nwhich may have been delivered to the poll site during election day, the\nchallenge records and the package of protested and void ballots shall be\nfiled with the board of elections.\n (b) Records and supplies to be filed with a city, town or village\nclerk shall be so filed or delivered immediately after the completion of\nthe returns of the canvass, by an inspector designated by the board of\ninspectors. Returns, papers and registration poll records or computer\ngenerated registration lists to be filed with the board of elections\nshall be so filed by the chairman of the board of inspectors within\ntwenty-four hours after the completion of such returns. The person\nreceiving such returns in the board of elections shall give to the\nperson delivering the returns a receipt stating therein the date and\nhour of delivery, the name of the person making the delivery, and to\nwhom said returns were delivered and shall keep a duplicate of said\nreceipt on file in the office of the board of elections.\n (c) The county legislative body of any county in the state except the\ncounties comprising the city of New York may, by a resolution, ordinance\nor act as required, provide that all returns, papers, registration poll\nrecords or computer generated registration lists, books, records,\ndocuments, and other election supplies and materials shall be filed by\nthe chairman of the board of inspectors of elections in a city or town\nand in a village in which elections are conducted by the board of\nelections, with the city, town or village clerk of such city, town or\nvillage in the county within eighteen hours after the closing of the\npolls at any primary, general, special or village election and the city,\ntown or village clerk upon receiving such returns, papers, registers or\nlists, books, records, documents, and other election supplies and\nmaterials shall give to the person making the delivery, a receipt\nstating therein the date and hour of the delivery and the name of such\nperson. Within twenty-four hours after the closing of the polls at any\nprimary, general, special or village election, the city, town or village\nclerk shall file all returns, papers, registration poll records or\ncomputer generated registration lists, books, records, documents and\nother election supplies and materials filed with him by the inspectors\nof the election districts of the city, town or village, with the board\nof elections of the county and the board of elections shall give to the\ncity, town or village clerk a receipt therefor stating therein the date\nand hour of the delivery and the name of the person making the delivery\nand to whom it was made, and shall keep a duplicate of said receipt on\nfile in the office of the board of elections.\n (d) In the city of New York, the board of inspectors shall deliver to\npolice or peace officers designated by the police commissioner of such\ncity, at the polling place the registration poll records or computer\ngenerated registration lists, challenge report, records, keys, other\nelection supplies, including two copies of the returns of the canvass\nand any absentee, military, special federal, or special presidential\nballots which may have been delivered to the poll site during election\nday, voted ballots, stubs, open packages of unused ballots and ballot\nenvelopes. Such police or peace officers shall file the returns, the\npackage of void and protested ballots, if any, and the absentee,\nmilitary, special federal, special presidential, and emergency ballots,\nstubs and ballot envelopes, if any, within twenty-four hours after the\nclose of the polls, in the office of the board of elections or its\nbranch office within the borough, as the case may be.\n
§ 9-124. Returns of canvass, procedure after. 1. After the returns of\nthe canvass are made out and signed, the inspectors shall enclose the\nballot stubs, protested and void ballots and the ballots cast in\naffidavit envelopes in separate sealed envelopes or containers and\nendorse thereon a certificate signed by each of them stating the number\nof the district and the number of ballots contained in such envelopes or\ncontainers. The inspectors shall enclose the unscanned voted ballots\ncanvassed in accordance with section 9-110 of this title in a separate\nsealed envelope or container and endorse thereon a certificate signed by\neach of them stating the number of the district, ballot scanner\nidentification information and the number of ballots contained in such\nenvelope or container. The inspectors shall then package and seal the\nother voted ballots and place them in one or more boxes or containers,\nand include within such boxes or containers one portable memory device\nfrom each ballot scanner pursuant to paragraph (d) of subdivision two of\nsection 9-102 of this title, and any early mail, absentee, military,\nspecial federal, or special presidential ballots which may have been\ndelivered to the poll site during election day, and securely lock and\nseal such boxes or containers. Notwithstanding the preceding sentence,\nsuch portable memory device from each ballot scanner with the\ncorresponding results tape may be enclosed in a sealed container and\ntransported prior to and separately from other materials referenced in\nthis section for the purpose of using such device to provide an\nunofficial tally of results as required by section 9-126 of this title.\n 2. Each box, envelope, or container containing the ballots and stubs,\nif any, and all items described in subdivision one of this section shall\nbe deposited by an inspector designated for that purpose with the\nofficer or board from whom or which the board of inspectors received it.\nIn the city of New York, every such box, envelope, or container shall be\ndelivered at the polling place to police or peace officers designated by\nthe police commissioner of such city, who shall deposit them with the\nboard of elections.\n 3. (a) Except in the city of New York, the registration poll records\nor computer generated registration lists, the returns of canvass with\nresults tapes and tally sheets, if any, annexed, the voted ballots,\nstubs, opened packages of unused ballots and ballot envelopes, any early\nmail, absentee, military, special federal, or special presidential\nballots which may have been delivered to the poll site during election\nday, the challenge report records, keys and the package of protested and\nvoid ballots shall be filed with the board of elections.\n (b) Records and supplies to be filed with a city, town or village\nclerk shall be so filed or delivered immediately after the completion of\nthe returns of the canvass, by an inspector designated by the board of\ninspectors. Returns, papers and registration poll records or computer\ngenerated registration lists to be filed with the board of elections\nshall be so filed by the chairman of the board of inspectors within\ntwenty-four hours after the completion of such returns. The person\nreceiving such returns in the board of elections shall give to the\nperson delivering the returns a receipt stating therein the date and\nhour of delivery, the name of the person making the delivery, and to\nwhom said returns were delivered and shall keep a duplicate of said\nreceipt on file in the office of the board of elections.\n (c) In the city of New York, the board of inspectors shall deliver to\npolice or peace officers designated by the police commissioner of such\ncity, at the polling place the registration poll records or computer\ngenerated registration lists, challenge report, records, keys, other\nelection supplies, including two copies of the returns of the canvass\nand any early mail, absentee, military, special federal, or special\npresidential ballots which may have been delivered to the poll site\nduring election day, voted ballots, stubs, open packages of unused\nballots and ballot envelopes. Such police or peace officers shall file\nthe returns, the package of void and protested ballots, if any, and the\nearly mail, absentee, military, special federal, or special presidential\nballots which may have been delivered to the poll site during election\nday; and emergency ballots, stubs and ballot envelopes, if any, within\ntwenty-four hours after the close of the polls, in the office of the\nboard of elections or its branch office within the borough, as the case\nmay be.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.