2022 New York Laws
ELN - Election
Article 9 - Canvass of Results
Title 1 - Canvass at Polling Places
9-116 - Tallying Ballots; Generally.

Universal Citation: NY Elec L § 9-116 (2022)

ยง 9-116. Tallying ballots; generally. 1. As each vote for any office or position, or upon any ballot proposal, is announced, a clerk, or, if there be no clerks, an inspector, under the scrutiny of a clerk or inspector of opposite political party immediately shall tally it in ink, with a downward stroke from right to left upon the official tally sheet. Each such clerk or inspector, as he or she tallies a vote, shall announce clearly the name of the person for whom he or she tallies it, or that he or she tallies the vote blank or void as the case may be, or, in the case of a ballot proposal, that he or she tallies the vote "yes" or "no". When the name of a person voted for is not printed on the tally sheet, such clerks or inspectors shall write it in full thereon in ink in the place provided therefor.

2. When all the votes upon the same office, position or ballot proposal shall have been canvassed the tally thereof shall be verified by adding together all the votes tallied thereupon. Whenever the total number of votes tallied (including blank and void votes) for any office or party position, divided by the number of persons to be nominated or elected thereto, or tallied for any ballot proposal, does not exactly equal the number of ballots cast (including blank and void ballots), a recanvass must be made immediately in order to correct the error.

In applying this section to a primary election the term "ballots" means the ballots of the party whose tallied votes for an office or party position are counted as above provided. Upon a recanvass the clerks or inspectors must keep the tally in ink from left to right across the previous tally marks.

3. When the errors if any have been corrected such clerks or inspectors shall indicate the last tally opposite each name by forthwith drawing in ink a long horizontal line immediately after the last tally mark opposite such name. Such tally sheets having thus been prepared, verified and closed, such clerks or inspectors shall sign their initials on each sheet, in any blank space thereof.

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