N.Y.
Election Law Section 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 § 9-110 (Canvass)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 § 9-102 (Canvass)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.
Source:
Section 9-124 — Returns of canvass, procedure after, https://www.nysenate.gov/legislation/laws/ELN/9-124 (updated Jan. 5, 2024; accessed Oct. 26, 2024).
