2023 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  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.