2022 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 1 - Canvass at Polling Places
9-124 - Returns of Canvass, Procedure After.

§  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  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
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  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 absentee,
military, special federal, 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.