Section 9-124. Returns of canvass, procedure after  


Latest version.
  • 1. After the returns of
      the canvass are made out and signed, the inspectors  shall  enclose  the
      protested,  void  and  wholly  blank  ballots  and  the  ballots cast in
      affidavit envelopes in a  separate  sealed  envelope  or  envelopes  and
      endorse  thereon a certificate signed by each of them stating the number
      of the district and the number of ballots contained in such envelope  or
      envelopes.  The  inspectors  shall  then tie up and seal the other voted
      ballots and return them to the  ballot  box  which  contained  them  and
      securely lock and seal the box, except that at elections in which voting
      machines  are  used,  absentee  and  military,  special federal, special
      presidential and emergency ballots and stubs, if any, shall be sealed in
      the envelope or envelopes provided therefor.
        2. Each box or envelope containing the  ballots  and  stubs,  if  any,
      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,
      together with the separate sealed package of unused ballots. In the city
      of New York, every box or envelope containing any ballots or  stubs  and
      the  package  of unused ballots shall be delivered at the polling place,
      at the conclusion of the canvass, to the police or  peace  officer,  who
      shall deposit them with the board of elections.
        3.  The  books,  returns  and  other  papers enumerated below shall be
      disposed of as follows, except as otherwise provided:
        (a) In a city or town, except the city of New York and in a village in
      which  elections  are  conducted  by  the  board   of   elections,   the
      registration  poll records or computer generated registration lists, the
      returns with tally sheets annexed, the absentee  and  military,  special
      federal,  special  presidential  and emergency ballots, stubs and ballot
      envelopes, the challenge records and the package of protested, void  and
      wholly blank ballots shall be filed with the board of elections, and the
      flag shall be returned to it.
        (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)  The county legislative body of any county in the state except the
      counties comprising the city of New York may, by a resolution, ordinance
      or act as required, provide that all returns, papers, registration  poll
      records  or  computer  generated  registration  lists,  books,  records,
      documents, and other election supplies and materials shall be  filed  by
      the  chairman  of the board of inspectors of elections in a city or town
      and in a village in which  elections  are  conducted  by  the  board  of
      elections,  with  the  city, town or village clerk of such city, town or
      village in the county within eighteen hours after  the  closing  of  the
      polls at any primary, general, special or village election and the city,
      town  or village clerk upon receiving such returns, papers, registers or
      lists, books,  records,  documents,  and  other  election  supplies  and
      materials  shall  give  to  the  person  making  the delivery, a receipt
      stating therein the date and hour of the delivery and the name  of  such
      person.  Within  twenty-four hours after the closing of the polls at any
      primary, general, special or village election, the city, town or village
    
      clerk shall file all  returns,  papers,  registration  poll  records  or
      computer  generated  registration  lists,  books, records, documents and
      other election supplies and materials filed with him by  the  inspectors
      of  the  election districts of the city, town or village, with the board
      of elections of the county and the board of elections shall give to  the
      city,  town or village clerk a receipt therefor stating therein the date
      and hour of the delivery and the name of the person making the  delivery
      and  to  whom it was made, and shall keep a duplicate of said receipt on
      file in the office of the board of elections.
        (d) In the city of New York the board of inspectors, shall deliver  to
      the  police  or peace officer at the polling place the registration poll
      records or computer  generated  registration  lists,  challenge  report,
      records,  keys,  the  flag,  other election supplies, the returns of the
      canvass  and  the  absentee  and  military,  special  federal,   special
      presidential  and  emergency  ballots,  stubs and ballot envelopes.  The
      police or peace officer shall file the returns,  the  package  of  void,
      protested  and  wholly  blank  ballots,  if  any,  and  the absentee and
      military, special federal, special presidential 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.