N.Y. Election Law § 9-106: Official ballots; accounting for number used

§ 9-106. Official ballots; accounting for number used. After the polls

of the election are closed and before any boxes or envelopes containing

voted ballots are opened, the clerks, or if there be no clerks, two

inspectors representing different parties designated by the chair, shall

account for all of the paper ballots furnished to the election district

or poll site. On a reconciliation form supplied by the board of

elections, they shall count, verify and record on such form the number

of unused ballots, the number of ballots spoiled before delivery to

voters in the poll site, the number of ballots spoiled and returned by

voters and the number of affidavit ballots cast. These numbers shall be

added to the number of ballots cast as recorded by the public counter

number appearing on the ballot scanner screen(s) or results tape(s). The

sum shall be recorded on the ballot reconciliation form. This resulting

number shall be deducted from the number of ballots originally delivered

to the election district or poll site, and the remainder number shall be

determined to be the number of ballots secured in the emergency ballot

box(es) or other secure storage container(s) provided by the board of

elections. This remainder number shall be recorded on the ballot

reconciliation form. If such remainder number is zero and there are no

ballots in the emergency ballot box(es) or other such secure

container(s), inspectors shall initiate the ballot scanners' close the

polls mechanism and produce results tapes. The clerks or inspectors

shall then separate, label and place each type of ballot in the box or

container provided by the board of elections, and securely lock or seal

each such box or container and record such seal number on the ballot

reconciliation form. They shall then sign such reconciliation form. If

such remainder number is not zero or there are unscanned voted election

day ballots in the emergency ballot box(es) or other such secure

container(s), the inspectors or clerks shall proceed with the process

provided for in section 9-108 and 9-110 of this title. Upon completion

of such process, the clerks or inspectors shall then separate, label and

place each type of ballot in the box(es) or container(s) provided by the

board of elections, and securely lock or seal each such box(es) or

container(s). They shall then sign such amended reconciliation form.