N.Y. Election Law § 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.