2006 New York Code - Return Of Canvass; Delivery Of Results To Police And Unofficial Tally Of Election Results.

 
    §  9-126.  Return  of  canvass;  delivery  of  results  to  police and
  unofficial tally of election results. 1. In an election  district  of  a
  city  and  of  the  county  of  Nassau,  the  chairman  of  the board of
  inspectors, upon the completion  of  the  return  of  canvass,  and  the
  announcement  thereof in a primary or general election, shall deliver to
  the police officer on duty at the polling place a  statement  signed  by
  the  board  of  inspectors  stating the number of votes received by each
  person voted for and the number of votes cast  for  and  the  number  of
  votes  cast  against each ballot proposal.  Such officer forthwith shall
  convey the statement to the stationhouse of the police precinct in which
  such place of canvass is located, and shall deliver it inviolate to  the
  officer in command thereof, who shall immediately transmit by telegraph,
  telephone  or  messenger,  the contents of such statement to the officer
  commanding the police department  of  such  city  or  county  who  shall
  immediately make the contents of such statement available for the press.
  In  the  city  of  New York and the county of Nassau the chairman of the
  board of inspectors in each election district shall make two  copies  of
  the  statement  hereinbefore  provided  for, which shall be taken to the
  police station, whence one such copy shall be transmitted without  delay
  to  police  headquarters, or such other location as may be designated by
  the officer commanding the police department, where  it  shall  be  made
  immediately  available  to  the  press for purposes of tabulation.   The
  other copy shall be transmitted within twenty-four hours to the board of
  elections. All  statements  made  pursuant  to  this  section  shall  be
  preserved for six months by the police and shall be presumptive evidence
  of the result of such canvass.
    2. (a) In an election district outside of a city, except in the county
  of  Nassau,  the chairman of the board of inspectors, upon completion of
  the return of canvass and the announcement  thereof,  in  a  general  or
  primary   election,   shall  immediately  communicate  such  results  by
  telephone, or delivery, to the county board of elections.  Such  results
  shall  include the number of votes received by each person voted for and
  the number of votes cast for and against each ballot proposal.
    (b) The county board of elections shall remain open after the close of
  the polls and  shall  receive  and  tabulate  the  voting  results  from
  throughout the county as they are received. The board shall post running
  totals in a public place as the results become known to it.
    (c)  The  results  made  public  pursuant  to  this  section are to be
  released as the unofficial tally and shall not be admissible in evidence
  in any action or proceeding contesting the result of any election.
    (d) Any police department of a city outside the city of New  York  and
  the county of Nassau receiving statements as provided in subdivision one
  of  this  section  shall immediately communicate the contents thereof to
  the county board of elections at a location designated by it. In lieu of
  requiring the delivery of statements to the police in cities outside  of
  the city of New York and the county of Nassau as provided in subdivision
  one  of  this  section,  a  county  board  of  elections may require the
  chairman of the board of inspectors in  each  election  district  within
  such  a  city to make a return of the vote pursuant to the provisions of
  this subdivision.
    3. (a) The board of elections of counties  in  which  voting  machines
  which have removable electronic or computerized devices which record the
  total  of  the  votes  cast  on  such  machines  are used, may establish
  procedures by which such devices may be used  after  the  close  of  the
  polls  to  provide  the  unofficial  tally  of  results required by this
  section.
    (b) Such procedures may include: the installation,  at  the  board  of
  elections  or  at town or city halls, police stations, sheriff's offices
  or other public buildings, of machines which  record  and  transmit  the
  totals recorded in such devices to the board of elections or directly to
  a  representative  of  the  press;  the delivery of the devices from the
  polling  places to such locations and the removal of such devices, by at
  least two clerks or other agents of such board of elections of  opposite
  political  parties,  from the containers or envelopes in which they were
  sealed at the polling places and the insertion of such devices into such
  machines.
    (c) The board of elections  shall  provide  containers,  at  all  such
  locations  other  than  the  offices  of such board, into which all such
  devices shall be placed by the clerks or other agents of such  board  of
  elections  after  they  are  removed from such machines. Such containers
  shall be sealed by such clerks or agents  who  shall  also  enter  on  a
  certificate  which  shall  be  printed on each such container, the total
  number of such  devices  placed  in  such  container  and  the  election
  districts from which such devices came. Such clerks shall also sign such
  certificate in the places provided.
    (d)  Such  containers  shall be delivered to the board of elections by
  the public officials in  whose  offices  such  machines  were  installed
  within twenty-four hours after the closing of the polls and the board of
  elections  shall  give  such  officials  a receipt therefor which states
  therein the date and hour of delivery, the name of the person making the
  delivery and the name of the person to whom such delivery was made.  The
  board of elections shall keep a duplicate of such receipt on file at the
  office of such board.
    (e)  The  cost of installing such machines at locations other than the
  board of elections and the cost of transmitting the  results  from  such
  machines may be paid by the board of elections or by a representative of
  the  press.  If  such results are transmitted from a location other than
  the board of elections directly to a representative of the  press,  such
  cost shall be paid by such representative of the press.