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 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 villageclerk 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.