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New York Statutes § 8-202 Board of inspectors; conduct of

⤴ Up to Title 2: Election Inspectors

Statute Text

1. The chair of the board of inspectors theretofore appointed shall continue to act as such, and the inspectors shall act as a board, and a majority thereof shall decide questions. Two inspectors who are not of the same political faith shall have charge of the registration poll ledgers or computer generated registration lists, subject to inspection thereof by any inspector and his or her participation in the decision of any question. Of the inspectors in charge of the registration poll ledgers or computer generated registration lists, one shall be assigned to the duty of comparing the signatures of voters. Inspectors shall be assigned to the foregoing duties by majority vote of the board of inspectors, before the opening of the polls. Such assignments shall be by lot if a majority cannot agree. The duties of an inspector or clerk may be changed during the day. If there be clerks, the board of inspectors may direct a clerk, who is not otherwise engaged, to perform any duty of an inspector of the same party, except to vote upon a question to be decided by such board. Where an oath is required or permitted by this article at any election, any inspector may administer it. Where ballot scanners, ballot marking devices, privacy booths, ballot boxes or other secure storage containers are used, clerks or inspectors shall attend such ballot scanners, ballot marking devices, privacy booths, boxes or containers.
2. The exterior of any ballot scanner, ballot marking device and privacy booth and every part of the polling place shall be in plain view of the election inspectors and watchers. The ballot scanners, ballot marking devices, and privacy booths shall be placed at least four feet from the table used by the inspectors in charge of the poll ledger or computer generated registration list. The guard-rail shall be at least three feet from the machine and the table used by the inspectors. The election inspectors shall not themselves be, or allow any other person to be, in any position or near any position, that will permit one to see or ascertain how a voter votes, or how he or she has voted nor shall they permit any other person to be less than three feet from the ballot scanner, ballot marking device, or privacy booth while occupied. The election inspectors or clerks attending the ballot scanner, ballot marking device, or privacy booth shall regularly inspect the face of the ballot scanner, ballot marking device, or the interior of the privacy booth to see that the ballot scanner, ballot marking device, or privacy booth has not been damaged or tampered with. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or opened except by a member of the board of elections, a voting machine custodian or any other person upon the specific instructions of the board of elections.

History

Amended by New York Laws 2019 , ch. 55 , Sec. XX-7 , eff. 4/12/2019 .

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