N.Y. Election Law Section 9-200
Canvass of primary returns by board of elections

  • notices to delegates
  • certificates

1.

The board of elections shall canvass the returns of primary elections filed with it. It shall canvass first the votes of the delegates and alternates to judicial district conventions and complete such canvass at the earliest time possible. It shall complete the canvass otherwise within thirteen days from the day upon which the primary election is held. Upon the completion of the canvass the board shall make and file in its office tabulated statements, signed by the members of such board or a majority thereof, of the number of votes cast for all the candidates for nomination to each public office or for election to each party position, and the number of votes cast for each such candidate. The candidate receiving the highest number of votes for nomination for a public office or for election to a party position voted for wholly within the political unit for which such board is acting, shall be the nominee of his party for such office or elected to such party position and the board, if requested by a candidate elected to a party position, shall furnish to him a certificate of election.

2.

The board forthwith upon the completion of the canvass for members of a state committee and delegates and alternates to a national, state or judicial district convention, shall transmit to the state board of elections a certificate stating the name and residence of each member of a state committee and delegate and alternate elected from a district wholly within the jurisdiction of such board, except that, in respect to a judicial district convention in the first, second, eleventh, twelfth and thirteenth judicial districts, the board of elections, instead of transmitting such certificate, shall compile the roll of the convention and transmit it to the chairman or secretary of the committee which, by party rules, is empowered to fix the time and place of the convention. The board of elections shall send by mail to each delegate and alternate elected a notice of his election. The certificate or roll of the convention shall list the delegates and alternates elected at a primary in the order of the votes received by each delegate or alternate, with the delegate or alternate receiving the highest number of votes listed first. Tie votes shall be indicated in a manner prescribed by the state board of elections. If there shall have been no contested election for alternates, the names of the alternates shall appear on the certificate or roll in the order in which their names appeared on the petition which designated them.

3.

The board forthwith, upon the completion of the canvass, shall file with the state board of elections a certified copy of its tabulated statement of the votes cast for each nomination or party position in a district extending beyond the political unit for which the board is acting.

4.

The state board of elections, upon the request of the chairman of the state committee of any political party, shall furnish to him a list of the duly elected members of the state committee of such party.

5.

There shall be included in the official compilation of the canvass of the returns, the names of the persons who shall have been nominated for public office or elected to party position without balloting, and in each such case the word “uncontested” shall be placed in such compilation wherever the vote cast for such a candidate is required to be stated.

Source: Section 9-200 — Canvass of primary returns by board of elections; notices to delegates; certificates, https://www.­nysenate.­gov/legislation/laws/ELN/9-200 (updated Jan. 25, 2019; accessed Apr. 27, 2024).

Accessed:
Apr. 27, 2024

Last modified:
Jan. 25, 2019

§ 9-200’s source at nysenate​.gov

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