Legislation

Search OpenLegislation Statutes

This entry was published on 2024-01-05
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 9-124
Returns of canvass, procedure after
Election (ELN) CHAPTER 17, ARTICLE 9, TITLE 1
§ 9-124. Returns of canvass, procedure after. 1. After the returns of
the canvass are made out and signed, the inspectors shall enclose the
ballot stubs, protested and void ballots and the ballots cast in
affidavit envelopes in separate sealed envelopes or containers and
endorse thereon a certificate signed by each of them stating the number
of the district and the number of ballots contained in such envelopes or
containers. The inspectors shall enclose the unscanned voted ballots
canvassed in accordance with section 9-110 of this title in a separate
sealed envelope or container and endorse thereon a certificate signed by
each of them stating the number of the district, ballot scanner
identification information and the number of ballots contained in such
envelope or container. The inspectors shall then package and seal the
other voted ballots and place them in one or more boxes or containers,
and include within such boxes or containers one portable memory device
from each ballot scanner pursuant to paragraph (d) of subdivision two of
section 9-102 of this title, and any early mail, absentee, military,
special federal, or special presidential ballots which may have been
delivered to the poll site during election day, and securely lock and
seal such boxes or containers. Notwithstanding the preceding sentence,
such portable memory device from each ballot scanner with the
corresponding results tape may be enclosed in a sealed container and
transported prior to and separately from other materials referenced in
this section for the purpose of using such device to provide an
unofficial tally of results as required by section 9-126 of this title.

2. Each box, envelope, or container containing the ballots and stubs,
if any, and all items described in subdivision one of this section shall
be deposited by an inspector designated for that purpose with the
officer or board from whom or which the board of inspectors received it.
In the city of New York, every such box, envelope, or container shall be
delivered at the polling place to police or peace officers designated by
the police commissioner of such city, who shall deposit them with the
board of elections.

3. (a) Except in the city of New York, the registration poll records
or computer generated registration lists, the returns of canvass with
results tapes and tally sheets, if any, annexed, the voted ballots,
stubs, opened packages of unused ballots and ballot envelopes, any early
mail, absentee, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day, the challenge report records, keys and the package of protested and
void ballots shall be filed with the board of elections.

(b) Records and supplies to be filed with a city, town or village
clerk shall be so filed or delivered immediately after the completion of
the returns of the canvass, by an inspector designated by the board of
inspectors. Returns, papers and registration poll records or computer
generated registration lists to be filed with the board of elections
shall be so filed by the chairman of the board of inspectors within
twenty-four hours after the completion of such returns. The person
receiving such returns in the board of elections shall give to the
person delivering the returns a receipt stating therein the date and
hour of delivery, the name of the person making the delivery, and to
whom said returns were delivered and shall keep a duplicate of said
receipt on file in the office of the board of elections.

(c) In the city of New York, the board of inspectors shall deliver to
police or peace officers designated by the police commissioner of such
city, at the polling place the registration poll records or computer
generated registration lists, challenge report, records, keys, other
election supplies, including two copies of the returns of the canvass
and any early mail, absentee, military, special federal, or special
presidential ballots which may have been delivered to the poll site
during election day, voted ballots, stubs, open packages of unused
ballots and ballot envelopes. Such police or peace officers shall file
the returns, the package of void and protested ballots, if any, and the
early mail, absentee, military, special federal, or special presidential
ballots which may have been delivered to the poll site during election
day; and emergency ballots, stubs and ballot envelopes, if any, within
twenty-four hours after the close of the polls, in the office of the
board of elections or its branch office within the borough, as the case
may be.