§ 9-126. Unofficial tally of election results. 1. In an election
district of the county of Nassau, the chair of the board of inspectors,
upon the completion of the return of canvass, and the announcement
thereof in a primary or general election, shall deliver to the police
officer on duty at the polling place a statement signed by the board of
inspectors stating the number of votes received by each person voted for
and the number of votes cast for and the number of votes cast against
each ballot proposal. Such officer forthwith shall convey the statement
to the stationhouse of the police precinct in which such place of
canvass is located, and shall deliver it inviolate to the officer in
command thereof, who shall immediately transmit by telegraph, telephone
or messenger, the contents of such statement to the officer commanding
the police department of such county who shall immediately make the
contents of such statement available for the press. The chair of the
board of inspectors in each election district of such county shall make
two copies of the statement hereinbefore provided for, which shall be
taken to the police station, whence one such copy shall be transmitted
without delay to police headquarters, or such other location as may be
designated by the officer commanding the police department, where it
shall be made immediately available to the press for purposes of
tabulation. The other copy shall be transmitted within twenty-four hours
to the board of elections. All statements made pursuant to this section
shall be preserved for six months by the police and shall be presumptive
evidence of the result of such canvass.

2. (a) Except in the county of Nassau, the chair of the board of
inspectors, upon completion of the return of canvass and the
announcement thereof, in a general or primary election, shall
immediately communicate such results by telephone, or delivery, to the
board of elections. Such results shall include the number of votes
received by each person voted for and the number of votes cast for and
against each ballot proposal.

(b) The board of elections shall remain open after the close of the
polls and shall receive and tabulate the voting results as they are
received. The board of elections shall make such unofficial results
available to the media and the state board of elections, and shall post
running totals in a public place and on the internet as the results
become known to it.

3. The results made public pursuant to this section shall be released
as the unofficial tally.

4. A county board of elections may require the chair of the board of
inspectors in each election district to report unofficial election night
results by telephone, fax or other means. Such results shall include the
total aggregate number of votes received by each person voted for, the
total aggregate number of write-ins and the number of votes cast for and
against each ballot proposal.

5. (a) The board of elections of counties in which voting machines
which have portable memory devices are used, may establish written
procedures consistent with the provisions of this section and filed with
the state board of elections by which such devices may be used to
provide the unofficial tally of results required by this section.

(b) Such procedures may include: the installation, at the board of
elections or at town or city halls, police stations, sheriff's offices
or other public buildings, of machines which record and transmit the
totals recorded in such devices to the board of elections or directly to
a representative of the press; the delivery of the devices from the
polling places to such locations and the removal of such devices, by at
least two clerks or other agents of such board of elections of opposite
political parties, from the containers or envelopes in which they were
sealed at the polling places and the insertion of such devices into such
machines.

(c) In the city of New York, unless the board of elections of such
city designates two clerks or other agents of opposite political parties
for delivery of the devices from the polling places to such locations,
police officers or peace officers designated by the police commissioner
of such city shall provide such delivery as soon as practicable.

(d) The board of elections shall provide containers, at all such
locations other than the offices of such board, into which all such
devices shall be placed by the clerks or other agents of such board of
elections after they are removed from such machines. Such containers
shall be sealed by such clerks or agents who shall also enter on a
certificate which shall be printed on each such container, the total
number of such devices placed in such container and the election
districts from which such devices came. Such clerks shall also sign such
certificate in the places provided.

(e) Such containers shall be delivered to the board of elections by
the public officials in whose offices such machines were installed
within twenty-four hours after the closing of the polls. In the city of
New York, unless the board of elections of such city designates two
clerks or other agents of opposite political parties for delivery of
such containers to the board of elections, police officers or peace
officers designated by the police commissioner of such city shall
deliver such containers. The board of elections shall give such
officials, police officers, or peace officers a receipt therefor which
states therein the date and hour of delivery, the name of the person
making the delivery and the name of the person to whom such delivery was
made. The board of elections shall keep a duplicate of such receipt on
file at the office of such board.

(f) The cost of installing such machines at locations other than the
board of elections and the cost of transmitting the results from such
machines may be paid by the board of elections or by a representative of
the press. If such results are transmitted from a location other than
the board of elections directly to a representative of the press, such
cost shall be paid by such representative of the press.