State Codes and Statutes

Statutes > New-york > Eln > Article-9 > Title-1 > 9-102

§  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.) close the  poll, print the tabulated result tape, announce the result and sign  the  return  of canvass pursuant to subdivisions 2 and 3 of this section; g.)  close, lock and seal the  machine;  and  h.)  sign  the  close  of  poll  certificate, as provided by the board of elections.    2.* (a)  The inspectors shall canvass the machine vote by printing the  ballot scanner tabulated 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 result tape numbers. The chair of  the  board  of  inspectors  shall,  under  the  scrutiny of an inspector of a  different political party, in the order of the offices as  their  titles  are arranged on the tabulated result tape, read and announce in distinct  tones  the  public  office  or party position, candidate name, political  party and the result as shown on the  tabulated  result  tape  and  then  shall  announce the aggregate number of write-in votes recorded for each  office. The board of elections shall canvass the write-in votes cast for  each office on the election  day  paper  ballots  at  the  time  of  the  recanvass conducted pursuant to section 9-208 of this article. The chair  shall also in the same manner announce the vote on each ballot proposal.  The  results  on  the  tabulated  result tape shall be entered on or the  tabulated result tape 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; provided, however, if  any election day paper ballots were hand counted, the  results  of  such  hand counting shall be recorded on the return of canvass and be added to  the numbers reported from the tabulated results tape to produce a single  result  for  each  candidate and ballot proposal. The return of canvass,  which shall show the aggregate number of votes cast for each office, the  number of votes cast for each candidate appearing on the ballot for each  office and the aggregate number of write-in votes for each office, shall  then be filled out. Such return  and  tabulated  result  tape  shall  be  signed by each inspector.    * NB Effective until July 10, 2010    * (a)  The  inspectors  shall canvass the machine vote by printing the  ballot scanner tabulated 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 result tape numbers. The chair of  the  board  of  inspectors  shall,  under  the  scrutiny of an inspector of a  different political party, in the order of the offices as  their  titles  are arranged on the tabulated result tape, read and announce in distinct  tones  the  public  office  or party position, candidate name, political  party and the result as shown on the  tabulated  result  tape  and  then  shall  announce the aggregate number of write-in votes recorded for each  office. The chair shall also in the same manner  announce  the  vote  on  each  ballot proposal. The results on the tabulated result tape shall be  entered on or the tabulated result tape 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;provided, however, if any election day paper ballots were  hand  counted  pursuant  to subdivision two of section 9-110 of this title, the results  of such hand counting shall be recorded on the return of canvass and  be  added to the numbers reported from the tabulated results tape to produce  a single total result for each candidate and ballot proposal. The return  of canvass, which shall show the aggregate number of votes cast for each  office,  the  number  of  votes cast for each candidate appearing on the  ballot for each office and the aggregate number of  write-in  votes  for  each  office, shall then be filled out. Such return and tabulated result  tape shall be signed by each inspector.    * NB Effective July 10, 2010    (b) The printed or photographic record produced by such machine  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.    (c)  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 shall be removed from the machine after copies of  the printed record, sufficient to meet the requirements of this  chapter  and the regulations of the board of elections, have been produced. After  the  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  announced  with  the  sum of the votes appearing on the tabulated result  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 printed record for each voting  machine should be posted on the wall of  the  polling  place  forthwith;  provided,  however,  that if only one copy of such printed record can be  printed by any such machine at any election, such copy shall be used  in  preparation of the statement of returns required by this title.    (b)  Election  day  paper  ballots that have not been scanned shall be  canvassed and tallied pursuant to  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.    5.  The  inspector  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,  ward or assembly district where it has been used, the number on the seal  and the number on the protective counter.    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  tied  into  bundles  as  elsewhere provided. Ifrequested by any person entitled to be  present  the  inspectors  shall,  during  the canvass of any ballots, exhibit to him the ballot then being  canvassed, fully opened and in such a condition that he  may  fully  and  carefully  read  and examine it, but no inspector shall allow any ballot  to be taken from his hand  or  to  be  touched  by  any  person  but  an  inspector.

State Codes and Statutes

Statutes > New-york > Eln > Article-9 > Title-1 > 9-102

§  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.) close the  poll, print the tabulated result tape, announce the result and sign  the  return  of canvass pursuant to subdivisions 2 and 3 of this section; g.)  close, lock and seal the  machine;  and  h.)  sign  the  close  of  poll  certificate, as provided by the board of elections.    2.* (a)  The inspectors shall canvass the machine vote by printing the  ballot scanner tabulated 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 result tape numbers. The chair of  the  board  of  inspectors  shall,  under  the  scrutiny of an inspector of a  different political party, in the order of the offices as  their  titles  are arranged on the tabulated result tape, read and announce in distinct  tones  the  public  office  or party position, candidate name, political  party and the result as shown on the  tabulated  result  tape  and  then  shall  announce the aggregate number of write-in votes recorded for each  office. The board of elections shall canvass the write-in votes cast for  each office on the election  day  paper  ballots  at  the  time  of  the  recanvass conducted pursuant to section 9-208 of this article. The chair  shall also in the same manner announce the vote on each ballot proposal.  The  results  on  the  tabulated  result tape shall be entered on or the  tabulated result tape 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; provided, however, if  any election day paper ballots were hand counted, the  results  of  such  hand counting shall be recorded on the return of canvass and be added to  the numbers reported from the tabulated results tape to produce a single  result  for  each  candidate and ballot proposal. The return of canvass,  which shall show the aggregate number of votes cast for each office, the  number of votes cast for each candidate appearing on the ballot for each  office and the aggregate number of write-in votes for each office, shall  then be filled out. Such return  and  tabulated  result  tape  shall  be  signed by each inspector.    * NB Effective until July 10, 2010    * (a)  The  inspectors  shall canvass the machine vote by printing the  ballot scanner tabulated 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 result tape numbers. The chair of  the  board  of  inspectors  shall,  under  the  scrutiny of an inspector of a  different political party, in the order of the offices as  their  titles  are arranged on the tabulated result tape, read and announce in distinct  tones  the  public  office  or party position, candidate name, political  party and the result as shown on the  tabulated  result  tape  and  then  shall  announce the aggregate number of write-in votes recorded for each  office. The chair shall also in the same manner  announce  the  vote  on  each  ballot proposal. The results on the tabulated result tape shall be  entered on or the tabulated result tape 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;provided, however, if any election day paper ballots were  hand  counted  pursuant  to subdivision two of section 9-110 of this title, the results  of such hand counting shall be recorded on the return of canvass and  be  added to the numbers reported from the tabulated results tape to produce  a single total result for each candidate and ballot proposal. The return  of canvass, which shall show the aggregate number of votes cast for each  office,  the  number  of  votes cast for each candidate appearing on the  ballot for each office and the aggregate number of  write-in  votes  for  each  office, shall then be filled out. Such return and tabulated result  tape shall be signed by each inspector.    * NB Effective July 10, 2010    (b) The printed or photographic record produced by such machine  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.    (c)  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 shall be removed from the machine after copies of  the printed record, sufficient to meet the requirements of this  chapter  and the regulations of the board of elections, have been produced. After  the  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  announced  with  the  sum of the votes appearing on the tabulated result  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 printed record for each voting  machine should be posted on the wall of  the  polling  place  forthwith;  provided,  however,  that if only one copy of such printed record can be  printed by any such machine at any election, such copy shall be used  in  preparation of the statement of returns required by this title.    (b)  Election  day  paper  ballots that have not been scanned shall be  canvassed and tallied pursuant to  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.    5.  The  inspector  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,  ward or assembly district where it has been used, the number on the seal  and the number on the protective counter.    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  tied  into  bundles  as  elsewhere provided. Ifrequested by any person entitled to be  present  the  inspectors  shall,  during  the canvass of any ballots, exhibit to him the ballot then being  canvassed, fully opened and in such a condition that he  may  fully  and  carefully  read  and examine it, but no inspector shall allow any ballot  to be taken from his hand  or  to  be  touched  by  any  person  but  an  inspector.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eln > Article-9 > Title-1 > 9-102

§  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.) close the  poll, print the tabulated result tape, announce the result and sign  the  return  of canvass pursuant to subdivisions 2 and 3 of this section; g.)  close, lock and seal the  machine;  and  h.)  sign  the  close  of  poll  certificate, as provided by the board of elections.    2.* (a)  The inspectors shall canvass the machine vote by printing the  ballot scanner tabulated 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 result tape numbers. The chair of  the  board  of  inspectors  shall,  under  the  scrutiny of an inspector of a  different political party, in the order of the offices as  their  titles  are arranged on the tabulated result tape, read and announce in distinct  tones  the  public  office  or party position, candidate name, political  party and the result as shown on the  tabulated  result  tape  and  then  shall  announce the aggregate number of write-in votes recorded for each  office. The board of elections shall canvass the write-in votes cast for  each office on the election  day  paper  ballots  at  the  time  of  the  recanvass conducted pursuant to section 9-208 of this article. The chair  shall also in the same manner announce the vote on each ballot proposal.  The  results  on  the  tabulated  result tape shall be entered on or the  tabulated result tape 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; provided, however, if  any election day paper ballots were hand counted, the  results  of  such  hand counting shall be recorded on the return of canvass and be added to  the numbers reported from the tabulated results tape to produce a single  result  for  each  candidate and ballot proposal. The return of canvass,  which shall show the aggregate number of votes cast for each office, the  number of votes cast for each candidate appearing on the ballot for each  office and the aggregate number of write-in votes for each office, shall  then be filled out. Such return  and  tabulated  result  tape  shall  be  signed by each inspector.    * NB Effective until July 10, 2010    * (a)  The  inspectors  shall canvass the machine vote by printing the  ballot scanner tabulated 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 result tape numbers. The chair of  the  board  of  inspectors  shall,  under  the  scrutiny of an inspector of a  different political party, in the order of the offices as  their  titles  are arranged on the tabulated result tape, read and announce in distinct  tones  the  public  office  or party position, candidate name, political  party and the result as shown on the  tabulated  result  tape  and  then  shall  announce the aggregate number of write-in votes recorded for each  office. The chair shall also in the same manner  announce  the  vote  on  each  ballot proposal. The results on the tabulated result tape shall be  entered on or the tabulated result tape 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;provided, however, if any election day paper ballots were  hand  counted  pursuant  to subdivision two of section 9-110 of this title, the results  of such hand counting shall be recorded on the return of canvass and  be  added to the numbers reported from the tabulated results tape to produce  a single total result for each candidate and ballot proposal. The return  of canvass, which shall show the aggregate number of votes cast for each  office,  the  number  of  votes cast for each candidate appearing on the  ballot for each office and the aggregate number of  write-in  votes  for  each  office, shall then be filled out. Such return and tabulated result  tape shall be signed by each inspector.    * NB Effective July 10, 2010    (b) The printed or photographic record produced by such machine  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.    (c)  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 shall be removed from the machine after copies of  the printed record, sufficient to meet the requirements of this  chapter  and the regulations of the board of elections, have been produced. After  the  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  announced  with  the  sum of the votes appearing on the tabulated result  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 printed record for each voting  machine should be posted on the wall of  the  polling  place  forthwith;  provided,  however,  that if only one copy of such printed record can be  printed by any such machine at any election, such copy shall be used  in  preparation of the statement of returns required by this title.    (b)  Election  day  paper  ballots that have not been scanned shall be  canvassed and tallied pursuant to  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.    5.  The  inspector  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,  ward or assembly district where it has been used, the number on the seal  and the number on the protective counter.    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  tied  into  bundles  as  elsewhere provided. Ifrequested by any person entitled to be  present  the  inspectors  shall,  during  the canvass of any ballots, exhibit to him the ballot then being  canvassed, fully opened and in such a condition that he  may  fully  and  carefully  read  and examine it, but no inspector shall allow any ballot  to be taken from his hand  or  to  be  touched  by  any  person  but  an  inspector.