2018 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 2 - Canvass by Board of Elections
9-208 - Provisions for Recanvass of Vote in Every Election District in the State; Procedure in Case of Discrepancy.

§  9-208.  Provisions for recanvass of vote in every election district
  in the state; procedure in case of discrepancy. 1. Within  fifteen  days
  after  each  general or special election, and within twenty days after a
  primary election, and within seven days  after  every  village  election
  conducted  by  the board of elections at which ballot scanners are used,
  the board of elections, or a bipartisan committee  of  or  appointed  by
  said board shall, in each county using ballot scanners, make a record of
  the  serial number of each ballot scanner used in each election district
  in such general, special or  primary  election.  No  person  who  was  a
  candidate  at  such  election  shall  be  appointed to membership on the
  committee.  Such  board  of  elections  or  bipartisan  committee  shall
  recanvass  the  tabulated  result  tape from each ballot scanner used in
  each election district by  comparing  such  tape  with  the  numbers  as
  recorded  on  the  return  of canvass. The said board or committee shall
  also make a recanvass of any election day paper ballots  that  have  not
  been  scanned  and  were  hand  counted  pursuant  to subdivision two of
  section 9-110 of this article and compare the results with the number as
  recorded on the return of canvass. The board  or  committee  shall  then
  recanvass  write-in  votes,  if  any,  on  ballots  which were otherwise
  scanned and canvassed at polling places on election night. The board  or
  committee shall validate and prove such sums. Before making such canvass
  the  board  of  elections,  with respect to each election district to be
  recanvassed,  shall  give  notice  in  writing  to  the  voting  machine
  custodian  thereof,  to  the  state  and  county  chair of each party or
  independent body which shall have  nominated  candidates  for  the  said
  general  or  special  election or nominated or elected candidates at the
  said primary election  and  to  each  individual  candidate  whose  name
  appears  on  the office ballot, of the time and place where such canvass
  is to be made; and the state and county chair  of  each  such  party  or
  independent   body  and  each  such  individual  candidate  may  send  a
  representative to be present at such  recanvass.  Each  candidate  whose
  name appears on the official ballot, or his or her representative, shall
  have  the  right  personally  to  examine  and make a record of the vote
  recorded on the tabulated result tape and any ballots  which  were  hand
  counted.
2. If upon such recanvass, it shall be found that the original canvass
  of  the  returns  of an election district has been incorrectly made from
  any tabulated result tape plus any ballots which were  hand  counted,  a
  statement  in  writing  shall  be  prepared  giving  the details for any
  corrections  made  for  such  election  district.  The  result  of   the
  recanvass, and such statement shall be witnessed by the persons required
  to  be  present  and  shall  be  filed with the board of elections. Such
  recanvass of votes made pursuant hereto shall  thereupon  supersede  the
  returns  filed by the inspectors of election of the election district in
  which the canvass was made.
3. If upon the recanvass of an election district, it  shall  be  found
  that  a  discrepancy exists between the number of voters who cast a vote
  in an election  district  and  the  number  of  votes  recorded  on  the
  tabulated  results  tape  plus any election day paper ballots counted by
  hand the board of elections, or the  committee  thereof,  shall  proceed
  thoroughly  to  examine  all  the  election  day  paper  ballots in that
  election district to determine the result from such  election  district.
  The  result  of this examination of election day ballots shall supersede
  the returns filed by the inspectors of election of the election district
  in which the canvass was made. After the completion of such examination,
  the board of elections, or the committee thereof, shall then  and  there
  prepare  a statement in writing giving in detail the result thereof, and

  such statement shall be witnessed by the persons required to be  present
  and shall be filed in the office of the board of elections.