9-102 - Canvass; General Provisions For.

NY Elec L § 9-102 (2019) (N/A)
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(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.