N.Y. Election Law § 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.