Section 9-212. Determinations by county canvassing boards  


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  • 1. The canvassing
      board  shall  determine  each  person  elected by the greatest number of
      votes to each county office, and each person  elected  by  the  greatest
      number  of votes to each city, town or village office of a city, town or
      village of which it is the board of  canvassers.  The  canvassing  board
      shall  also  determine whether any ballot proposal submitted only to the
      voters of the county, or only to the voters of a city, town  or  village
      of  which  it is the board of canvassers, as the case may be, has by the
      greater number of votes been adopted or rejected.
        2. All such determinations shall be  in  writing  and  signed  by  the
      members  of  the  canvassing  board  or a majority of them and filed and
      recorded in the office of the board of elections. Except in the city  of
      New  York  and  in  the  counties of Nassau, Orange and Westchester, the
      board of elections shall cause a copy of such determinations, and of the
      statements filed in its  office  upon  which  such  determinations  were
      based,  to  be  published  once  in each of the newspapers designated to
      publish election notices and the  official  canvass.  The  statement  of
      canvass  to  be  published, however, shall not give the vote by election
      districts but shall contain only the total vote for  a  person,  or  the
      total vote for and the total vote against a ballot proposal, cast within
      the county, or within the portion thereof, if any, in which an office is
      filled or ballot proposal is decided by the voters if the canvass of the
      vote  thereon  devolves upon the county board of canvassers. Such totals
      shall be expressed in arabic numerals.
        3. The board of elections shall prepare and forthwith transmit to each
      person determined by  the  canvassing  board  to  have  been  elected  a
      certified  statement,  naming  the office to which such canvassing board
      has declared him elected.
        4. The appropriate state or local election official shall establish  a
      free  access system (such as a toll-free telephone number or an internet
      website) that any individual who casts an affidavit ballot may access to
      discover whether the vote of that individual was counted,  and,  if  the
      vote was not counted, the reason that the vote was not counted.