Legislation
SECTION 9-212
Determinations by county canvassing boards
Election (ELN) CHAPTER 17, ARTICLE 9, TITLE 2
§ 9-212. Determinations by county canvassing boards. 1. The canvassing
board shall determine each person elected by the greatest number of
votes to each county office, and each person elected by the greatest
number of votes to each city, town or village office of a city, town or
village of which it is the board of canvassers. The canvassing board
shall also determine whether any ballot proposal submitted only to the
voters of the county, or only to the voters of a city, town or village
of which it is the board of canvassers, as the case may be, has by the
greater number of votes been adopted or rejected.
2. All such determinations shall be in writing and signed by the
members of the canvassing board or a majority of them and filed and
recorded in the office of the board of elections. Except in the city of
New York and in the counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its office upon which such determinations were
based, to be published once in each of the newspapers designated to
publish election notices and the official canvass. The statement of
canvass to be published, however, shall not give the vote by election
districts but shall contain only the total vote for a person, or the
total vote for and the total vote against a ballot proposal, cast within
the county, or within the portion thereof, if any, in which an office is
filled or ballot proposal is decided by the voters if the canvass of the
vote thereon devolves upon the county board of canvassers. Such totals
shall be expressed in arabic numerals.
3. The board of elections shall prepare and forthwith transmit to each
person determined by the canvassing board to have been elected a
certified statement, naming the office to which such canvassing board
has declared him elected.
4. The appropriate state or local election official shall establish a
free access system (such as a toll-free telephone number or an internet
website) that any individual who casts an affidavit ballot may access to
discover whether the vote of that individual was counted, and, if the
vote was not counted, the reason that the vote was not counted.
board shall determine each person elected by the greatest number of
votes to each county office, and each person elected by the greatest
number of votes to each city, town or village office of a city, town or
village of which it is the board of canvassers. The canvassing board
shall also determine whether any ballot proposal submitted only to the
voters of the county, or only to the voters of a city, town or village
of which it is the board of canvassers, as the case may be, has by the
greater number of votes been adopted or rejected.
2. All such determinations shall be in writing and signed by the
members of the canvassing board or a majority of them and filed and
recorded in the office of the board of elections. Except in the city of
New York and in the counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the
statements filed in its office upon which such determinations were
based, to be published once in each of the newspapers designated to
publish election notices and the official canvass. The statement of
canvass to be published, however, shall not give the vote by election
districts but shall contain only the total vote for a person, or the
total vote for and the total vote against a ballot proposal, cast within
the county, or within the portion thereof, if any, in which an office is
filled or ballot proposal is decided by the voters if the canvass of the
vote thereon devolves upon the county board of canvassers. Such totals
shall be expressed in arabic numerals.
3. The board of elections shall prepare and forthwith transmit to each
person determined by the canvassing board to have been elected a
certified statement, naming the office to which such canvassing board
has declared him elected.
4. The appropriate state or local election official shall establish a
free access system (such as a toll-free telephone number or an internet
website) that any individual who casts an affidavit ballot may access to
discover whether the vote of that individual was counted, and, if the
vote was not counted, the reason that the vote was not counted.