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New York Statutes § 9-102 Canvass; general provisions for

⤴ Up to Title 1: Canvass at Polling Places

Statute Text

1. [Except in the city of New York, as] 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 [the result] 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;
[(g)] (i) close, lock and seal the machine; and [(h)] (j) sign the close of poll certificate, as provided by the board of elections.
[1-a. In the city of New York, 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) scan the ballots contained in the emergency box or other secure storage container pursuant to section 9-110 of this title, unless it is not possible to determine which such ballots should be so scanned because the accounting and reconciliation required by section 9-106 of this title cannot be completed without first printing the results tape; (c) initiate the ballot scanner's close the poll mechanism, print the tabulated results tape, and post the results tape or announce its contents or both; (d) 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; (e) reconcile the paper ballots pursuant to section 9-106 of this title; (f) remove surplus ballots, if any, pursuant to this section and section 9-108 of this title; (g) hand count and secure ballots that cannot be scanned pursuant to this section and section 9-110 of this title; (h) post or announce the results of any hand counts and sign the return of canvass pursuant to subdivisions two and three 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 ( [such device,] 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.

History

Amended by New York Laws 2019 , ch. 437 , Sec. 2 , eff. 10/30/2019 .

Amended by New York Laws 2013 , ch. 334 , Sec. 3 , eff. 8/21/2013 .

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