N.Y. Comp. Codes R. & Regs. tit. 9 § 6211.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6211.2 - Canvass of Ballots Cast During Early Voting

(a) All ballots cast during early voting period, by any method allowed under law, shall be canvassed and counted as if cast on Election Day. At the end of each day of early voting, all voted and unvoted ballots shall be reconciled and, along with any portable memory devices containing voting information and registration poll records, returned to the board of elections or otherwise secured, pursuant to a plan filed with the state board at least sixty days before the first day of early voting for the first election at which such plan shall be applicable. Such plan shall be approved or rejected by the co-executive directors of the state board of elections within two weeks of filing. If such plan is rejected, notice shall be provided to the board of elections of the reasons therefor. The board of elections shall then have three business days to amend the plan and resubmit for approval. An approved plan shall remain in effect until amended by the board of elections and such amendment is approved as provided herein.

(b) The manner of canvassing the voting machines used at early voting and announcing the results shall be consistent with section 8-600 of the election law and in the same manner as provided by title one of article 9 of the election law and the procedures of the state board of elections, except that the canvass of ballots cast during the early voting period may begin no earlier than at eight o'clock p.m. on Election Day, provided the board of elections adopts procedures to prevent the public release of any election results prior to the close of polls on election day. Such procedures must be consistent with the regulations of the state board of elections and must be filed with the state board of elections at least sixty days before the first early voting period for an election to which they will apply, and shall remain in effect until amended by the board of elections and such amendment is filed as provided herein. To prevent the premature release of voting results prior to the close of all polls on Election Day, all persons lawfully present at the canvass of ballots cast during early voting period shall remain incommunicado with all persons outside of the place of canvass and shall remain at the room or area of the canvass once the canvass has begun, absent exigency or a board of elections purpose that requires leaving the canvass room or area, until at least the close of polls on the day of election.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6211.2

Adopted New York State Register April 8, 2020/Volume XLII, Issue 14, eff. 4/8/2020