2023 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 2 - Canvass by Board of Elections
9-216 - Canvass of Statements of General and Special Elections by State Board of Canvassers.
§ 9-216. Canvass of statements of general and special elections by state board of canvassers. 1. The state board of elections shall be the state board of canvassers. The records of the state board of canvassers shall be kept in the custody of the state board of elections, which shall assign a deputy or other assistant to act as the clerk of said board of canvassers.
2. The state board of canvassers shall canvass the certified copies of the statements of the county board of canvassers of each county. They shall canvass first the statements, if any, for the offices of president and vice-president and next the statements, if any, for the office of member of the state senate, and next the statements, if any, for the office of member of the state assembly. Three members of the board shall constitute a quorum. The state board of canvassers shall meet on or before the fifteenth day, or, in a year when electors of president and vice-president are chosen on or before the first Monday after the first Wednesday, of December next after each general election, and within forty days after each special election, to canvass such statements. The board may adjourn from day to day, not exceeding a term of five days. If any member of the board shall dissent from a decision of the board or shall protest against any of the proceedings of the board as irregular, he shall state such dissent or protest in a writing signed by him setting forth his reasons and file it in the office of the state board of elections.
3. Upon the completion of the canvass the board shall make separate tabulated statements, signed by the members of the board or a majority thereof, of the number of votes cast for all the candidates for each office voted for, the number of votes cast for each of such candidates, the number of votes cast in each county for each of them and if the voters of any one district of the state voted for any such candidate, the name and number of such district, the determination of the board as to the persons elected to each office, the number of votes cast upon each ballot proposal, the number of votes cast in favor of and against each respectively, and the determination of the board as to whether it was adopted or rejected.
4. Such tabulated statements shall be filed and recorded in the office of the state board of elections. Thereupon, the state board of elections shall transmit a certified copy of each such statement of votes cast for candidates for any office to the person shown thereby to have been elected to such office. The state board of elections shall prepare a general certificate under the seal of the state and attested by the members of the state board of elections, addressed to the house of representatives of the United States, of the due election of all persons chosen at that election as representatives of this state in congress, and shall transmit the same to the house of representatives. If any person so chosen at such election shall have been elected to fill a vacancy in the office of representative in congress, the statement of the state board of elections shall so specify.