2006 New York Code - Canvass; Ballots, Verifying Number Cast.

 
    §  9-108.  Canvass;  ballots,  verifying  number cast. 1. The board of
  inspectors, at the beginning of the canvass,  shall  count  the  ballots
  found  in  each  ballot  box without unfolding them, except so far as to
  ascertain that each ballot is single, and shall compare  the  number  of
  ballots found in each box with the number shown by the registration poll
  records, and the ballot returns to have been deposited therein.
    2.  If  the  ballots found in any box shall be more than the number of
  ballots so shown to have been deposited therein, such ballots shall  all
  be  replaced,  without  being  unfolded, in the box from which they were
  taken,  and  shall  be  thoroughly  mingled  therein,  and  one  of  the
  inspectors  shall,  with  his back to the box, publicly draw out as many
  ballots as shall be equal to such excess  and,  without  unfolding  them
  forthwith  shall  enclose  them  in  an envelope which he shall then and
  there seal and endorse "excess ballots from the box for ballots for  the
  general election, presidential electors, or party ballots or otherwise",
  as  the  case  may  be,  and shall sign his name thereto, and place such
  envelope in the box for defective or spoiled ballots.
    3. If two or more ballots shall be found in a  ballot  box  so  folded
  together  as  to  present  the appearance of a single ballot, and if the
  whole number of ballots in such box exceeds the whole number of  ballots
  so  shown  to  have  been deposited therein, those ballots, or enough of
  them to reduce the  ballots  to  the  proper  number,  selected  without
  examination  of  any  voting mark thereon, shall be similarly removed as
  excess ballots.
    4. If, however, there lawfully be more than one  ballot  box  for  the
  reception  of ballots, no ballot found in the wrong ballot box shall for
  that reason be rejected, but it shall be placed in its proper box by the
  inspectors upon the count of the ballots before the canvass, and counted
  in the same manner as if it was found in the proper ballot box, if  such
  ballot  shall  not, together with the ballots found in the proper ballot
  box, make a total of more ballots than are shown to have been  deposited
  in such box.
    5.  No ballot that is not an official ballot prepared for the election
  shall be counted except for those ballots voted in accordance  with  the
  provisions for emergency ballots.