2023 New York Laws › ELN - Election › Article 8 - Conduct of Elections › Title 1 - Polling Places › 8-102 - Polls; Opening Of.

§ 8-102. Polls; opening of. 1. The inspectors of election, and clerks,
if  any,  shall  meet at the polling place at least one-half hour before
the time set for opening  the  polls  of  election.  The  inspectors  of
election shall:
(a) See that the American flag is displayed.
(b)  Cause  the  facsimile ballots and voter information posting to be
posted conspicuously within the polling place.
(c) Cause the distance markers to be  placed  at  a  distance  of  one
hundred feet from the polling place.
(d)  Establish  a guard-rail by delineating and marking out the voting
area by a suitable means. The ballot  scanner,  ballot  marking  device,
ballot  boxes and secure storage containers, privacy booths, all ballots
and all equipment shall be kept within such guard-rail.
(e) Place the books, ballots and sample  ballots,  blanks,  stationery
and supplies so that they will be ready and convenient for use.
(f) Affix or attach to their clothing and cause the clerks, if any, to
affix  or  attach  to  their clothing the proper identification buttons,
badges or emblems issued by the  board  of  elections  pursuant  to  the
provisions  of  this  chapter.  The  inspectors and clerks shall wear no
other buttons, badges or emblems which are similar in design.
(g) See that the privacy booths contain  conspicuous  instructions  on
how  to  properly  mark  ballots  and  that  voters  are  provided  with
appropriate writing instruments for marking ballots.
(h) Unlock all ballot boxes and secure storage containers to  be  used
to  hold election day paper ballots, see that they are empty, allow them
to be examined by the watchers present, and lock them up again in such a
manner that the watchers and the persons just outside the guard-rail may
see that the boxes are empty  when  re-locked;  provided,  however,  the
ballot  boxes  or secure storage containers holding unused ballots shall
be inspected to confirm that only the  number  of  unused  election  day
paper ballots provided by the board of elections are contained therein.
(i)  Inspect  the ballot scanner and ballot marking device to see that
it is in good working order. Inspect the placement of privacy booths  to
preserve the secrecy of voting; inspect the screen of the ballot scanner
and  ballot  marking  device;  inspect the polling place to make certain
there is no way that anyone can view any voting action by a voter at the
ballot scanner, ballot marking device, or in a privacy booth; and  affix
a  conspicuous  notice,  in  the  form  prescribed by the state board of
elections, in a prominent place near  the  ballot  scanner  and  in  the
privacy booth, instructing the voter on how to properly mark a ballot in
order  to  have his or her vote counted. Such notice shall be printed in
English and such other languages as the board of elections may determine
to be appropriate.
(j) Announce that the polls are open for voting and the time when  the
polls will close.
(k)  Voting  at each polling place for early voting shall be conducted
in a manner consistent with the provisions of  this  article,  with  the
exception  of  the tabulation and proclamation of election results which
shall be completed according to subdivisions eight and nine  of  section
8-600 of this article.
2.  The  keys to the ballot scanner and ballot marking device shall be
delivered to the inspectors at least one-half hour before the  time  set
for  the  opening  of the polls, in a sealed envelope, on which shall be
written or printed the ballot scanner or ballot  marking  device  serial
number  and  location  of  the  polling place, as reported by the voting
machine custodian. The envelope containing the keys shall not be  opened
until  at  least  one  inspector  from  each of the two parties shall be
present in the polling place and shall have examined the envelope to see

that it has not been opened. Before opening the envelope, such  election
inspectors  present  shall examine the serial number on the machine, and
shall see if they are the same as the numbers written  on  the  envelope
containing  the  keys.  If  found not to agree, the envelope must not be
opened until the voting machine custodian, or other  authorized  person,
shall have been notified and shall have arrived at the polling place for
the  purpose  of  re-examining such machine and shall certify that it is
properly arranged. If the serial number on the machine is found to agree
with the number on the envelope, the inspectors, except  as  hereinafter
provided,  shall  turn  on  the  machine. The inspectors shall carefully
examine the printed record produced by the  machine  to  see  that  each
counter  registers zero, and shall allow watchers to examine the printed
record. The  inspectors  shall  then  sign  a  certificate  showing  the
delivery  of  the  keys  in  a sealed envelope, the serial number on the
machine, the number registered on the protective counter, that  all  the
counters are set at zero and that the public counter is set at zero. The
machine shall remain secured against voting until the polls are formally
opened  and  shall  not  be  operated except by voters when voting or by
election officials upon the instructions of the board of  elections.  If
any  counter  is  found not to register zero, the inspectors of election
shall immediately notify the board of elections.