Legislation
SECTION 9-218
Proceedings by boards of canvassers to carry into effect a court order
Election (ELN) CHAPTER 17, ARTICLE 9, TITLE 2
§ 9-218. Proceedings by boards of canvassers to carry into effect a
court order. 1. Upon the re-convening of the state board of canvassers
or any county board of canvassers, or of the board of elections of the
city of New York as a county or city board of canvassers, by order of a
court of competent jurisdiction, for the purpose of correcting an error
or of performing a duty imposed by law or by an order of the court
granted pursuant to law, the meeting for that purpose shall be deemed a
continuance of its regular session, and any new or corrected statement,
determination or certificate which is made to give effect to the order
shall stand in lieu of the original statement, determination or
certificate.
2. When a new or corrected statement or certificate, to give effect to
an order of the court, shall vary from the original statement or
certificate respecting the votes cast for an office for which the state
board of canvassers is required to canvass statements made by county
boards, the board of elections forthwith shall transmit certified copies
of the new or corrected statement or certificates to the state board of
elections. The state board of canvassers shall meet within five days
after such a certified copy has been received by the state board of
elections. From such certified copy, such board shall make a new
statement as to the votes for such office cast in the state or political
subdivision in which such office is filled, and shall determine and
declare what person or persons whose votes are affected by such new or
corrected statement have been, by the greatest number of votes, duly
elected to the office or offices. The state board of canvassers and the
state board of elections shall, respectively, have the same powers and
duties in respect to new or corrected statements that they have in
respect to original statements.
court order. 1. Upon the re-convening of the state board of canvassers
or any county board of canvassers, or of the board of elections of the
city of New York as a county or city board of canvassers, by order of a
court of competent jurisdiction, for the purpose of correcting an error
or of performing a duty imposed by law or by an order of the court
granted pursuant to law, the meeting for that purpose shall be deemed a
continuance of its regular session, and any new or corrected statement,
determination or certificate which is made to give effect to the order
shall stand in lieu of the original statement, determination or
certificate.
2. When a new or corrected statement or certificate, to give effect to
an order of the court, shall vary from the original statement or
certificate respecting the votes cast for an office for which the state
board of canvassers is required to canvass statements made by county
boards, the board of elections forthwith shall transmit certified copies
of the new or corrected statement or certificates to the state board of
elections. The state board of canvassers shall meet within five days
after such a certified copy has been received by the state board of
elections. From such certified copy, such board shall make a new
statement as to the votes for such office cast in the state or political
subdivision in which such office is filled, and shall determine and
declare what person or persons whose votes are affected by such new or
corrected statement have been, by the greatest number of votes, duly
elected to the office or offices. The state board of canvassers and the
state board of elections shall, respectively, have the same powers and
duties in respect to new or corrected statements that they have in
respect to original statements.