2021 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 1 - Canvass at Polling Places
9-102 - Canvass; General Provisions For.

Universal Citation: NY Elec L § 9-102 (2021)
ยง  9-102.  Canvass; general provisions for. 1. As soon as the polls of
the election are closed, the inspectors of election  thereat  shall,  in
the order set forth herein: (a) place an inspector at the ballot scanner
to  prevent  further voting; (b) reconcile the paper ballots pursuant to
section 9-106 of  this  title;  (c)  remove  surplus  ballots,  if  any,
pursuant  to section 9-108 of this title; (d) scan the ballots contained
in the emergency box or  other  secure  storage  container  pursuant  to
section  9-110  of  this  title;  (e) hand count and secure ballots that
cannot be scanned pursuant to section 9-110 of this title; (f)  initiate
the  ballot  scanner,  close  the  poll  mechanism,  print the tabulated
results tape, and post the results tape  or  announce  its  contents  or
both;  (g)  remove  one  of  the portable memory devices from the ballot
scanner for the purpose of reporting the unofficial  tally  of  election
results  pursuant  to  section 9-126 of this title; (h) post or announce
the results of any hand counts and sign the return of  canvass  pursuant
to  subdivisions  2  and 3 of this section; (i) close, lock and seal the
machine; and (j) sign the close of poll certificate, as provided by  the
board of elections.
  2.  (a)  The  inspectors  shall  canvass  the ballot scanner tabulated
results by printing the results tape in the presence of the watchers and
all other persons who may be lawfully within the polling  place,  giving
full  view  of  the  tabulated results tape numbers. An inspector shall,
under the scrutiny of an  inspector  of  a  different  political  party,
either  post  the  results tape or read and announce in the order of the
offices as their titles are arranged on the tabulated results  tape,  in
distinct  tones  the  public  office  or party position, candidate name,
political party and the results as shown on the tabulated  results  tape
and  then  shall announce the number of write-in votes recorded for each
office.  The inspectors shall also in the same manner post  or  announce
the results for each ballot proposal.

(b) The results on the tabulated results tape shall be entered on or the tabulated results tape (representing the aggregate results of votes cast on the ballot scanner or the results by election district as applicable) shall be affixed to the return of canvass for that ballot scanner or election district pursuant to section 9-120 of this title by an inspector under the scrutiny of an inspector of a different political party, in the space indicated. If any election day paper ballots were hand counted pursuant to this section and subdivision two of section 9-110 of this title, an inspector shall, under the scrutiny of an inspector of a different political party, either post or read and announce the results of such hand count. The tally sheet of any such hand counting shall be signed by the inspectors conducting same and affixed to or recorded on the return of canvass. The return of canvass and tabulated results tape shall be signed by two inspectors of each major political party.

(c) The results tape shall include a certificate which the inspectors shall sign, stating the number of voters as shown on the public counter and the number on the protective counter.

(d) If the machine is provided with a removable electronic or computerized device which records the total of the votes cast on such machine ( for purposes of this section a "portable memory device"), such device shall be removed from the machine after copies of the results tape, sufficient to meet the requirements of this chapter and the regulations of the board of elections, have been produced. After the portable memory device is removed from the machine, the inspectors shall place such device in the secure envelope or other secure container provided for its return to the board of elections. Such secure container shall be signed by the inspectors upon the securing of the device therein. 3. (a) During the canvass time any candidate or duly accredited watcher who may desire to be present shall be admitted to the polling place. During the proclamation of the result, ample opportunity shall be given to any person lawfully present to compare the results so posted or announced with the sum of the votes appearing on the tabulated results tape and any hand counted election day ballots, if any, and any necessary corrections shall then and there be made on the return of canvass by the inspectors. Thereafter, the voting machine shall be closed and locked. The first copy of the results tape for each voting machine should be posted on the wall of the polling place forthwith; provided, however, that if only one copy of such results tape can be printed by any such machine at any election, such copy shall be used in preparation of the returns of canvass required by this title.

(b) Election day paper ballots that have not been scanned shall be canvassed and tallied pursuant to this section and sections 9-108 and 9-110 of this title.

(c) At a primary election, the ballots of the parties represented on the board of inspectors shall be canvassed before the ballots of other parties are canvassed. 4. All types of ballots, enclosed in properly sealed envelopes respectively, and properly endorsed shall be filed with the original return of canvass, as provided for in section 9-106 of this title. 5. The inspector or other courier assigned by the board filing the returns shall deliver to the board or officer from whom received, the keys of the voting machine, enclosed in a sealed envelope having indorsed thereon a certificate of the inspectors stating the number of the machine, the election district(s), ward(s) or assembly district(s) where it has been used, the number on the seal and the number on the protective counter. In the city of New York, police officers or peace officers designated by the police commissioner of such city shall provide such delivery of the devices. 6. The room in which such canvass is made shall be clearly lighted, ingress and egress through the main entrance thereto shall be freely permitted, and such canvass shall be made in plain view of those entitled to be present. The ballots shall at all times be kept on top of the table and in plain view of all persons entitled to examine them, until they have been re-packaged and sealed for return to the board of elections as elsewhere provided. If requested by any person entitled to be present the inspectors shall, during the canvass of any ballots, exhibit to him or her the ballot then being canvassed, fully opened and in such a condition that he or she may fully and carefully read and examine it, but no inspector shall allow any ballot to be taken from his or her hand or to be touched by any person but an inspector.

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