N.Y. Election Law § 9-124: Returns of canvass, procedure after

§ 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 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

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.