2023 New York Laws › ELN - Election › Article 9 - Canvass of Results › Title 1 - Canvass at Polling Places › 9-102 - Canvass; General Provisions For.

§  9-102.  Canvass; general provisions for. 1. 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  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; (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 ( 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.