2021 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 1 - Canvass at Polling Places
9-110 - Canvass; Election Day Paper Ballots That Have Not Been Scanned; Method Of.

Universal Citation: NY Elec L § 9-110 (2021)

ยง 9-110. Canvass; election day paper ballots that have not been scanned; method of. 1. Election day paper ballots that have not been scanned because a ballot scanner was not available or because the ballot has been abandoned by a voter at the ballot scanner shall be canvassed as follows: a bipartisan team of inspectors shall cast such ballots on a ballot scanner, if one is available, at the close of the polls before the tabulated results tape is printed. If a ballot does not scan because of an overvote or blank ballot warning on the ballot scanner screen, the inspectors shall cause the ballot scanner to eject such ballot to be hand counted pursuant to subdivision two of this section.

2. Election day paper ballots that cannot be scanned, as provided in subdivision one of section 9-102 of this title as applicable and subdivision one of this section shall be canvassed as follows: The inspectors shall unfold each ballot of the kind then to be canvassed and shall place all such ballots upon the table in one pile face down. The chair shall take up each ballot in order, turn it face up and announce loudly and distinctly the vote registered on each section, in the order of the sections upon the ballot, or that the ballot is void or the section blank, as the case may be. If more than one person is to be elected to the same office or party position the chair, if the ballot is void or the ballot or section is wholly blank, shall announce as many void or blank votes as there are persons to be elected to the office or party position. On a primary ballot a "section," as the term is used above, shall mean the space occupied by the title of an office or party position, names of candidates therefor and the voting squares therewith. The canvass of each ballot must be completed before the next ballot is taken up. When the tallies of the votes of all such ballots are proven, and the results announced, the inspectors shall affix tally sheets to or record the results from same on the return of canvass.

3. Nothing in this section shall be construed to require or permit affidavit ballots to be canvassed at the poll site on election day.

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