N.Y. Election Law § 9-108: Canvass; ballots, verifying number cast

§ 9-108. Canvass; ballots, verifying number cast. 1. For all election

day paper ballots cast when a ballot scanner is not available, ballots

abandoned by a voter at the ballot scanner, as defined in 9 NYCRR

6210.13(a)(11)(a) or ballots submitted by the voter which are otherwise

non-machine processable, as defined in 9 NYCRR 6210.13(a)(8), the board

of inspectors, at the beginning of the canvass, shall count the number

of unscanned ballots found in each emergency box or other secure storage

container provided by the board of elections, ascertaining that each

ballot is single, and shall compare the number of ballots found in such

box or container with the remainder number of ballots, as determined

pursuant to section 9-106 of this title.

2. If the ballots found in any box shall be more than the number of

ballots so shown to have been deposited therein, such ballots shall all

be replaced, without being unfolded, in the box from which they were

taken, and shall be thoroughly mingled therein, and one of the

inspectors shall, with his or her back to the box, publicly draw out as

many ballots as shall be equal to such excess and, without unfolding

them forthwith shall enclose them in an envelope which he or she shall

then and there seal and endorse "excess ballots for the general

election, presidential electors, or party ballots or otherwise", as the

case may be, and shall sign his or her name thereto, and place such

envelope in the box for defective or spoiled ballots.

3. If two or more ballots shall be found in a ballot box so folded

together as to present the appearance of a single ballot, and if the

whole number of ballots in such box exceeds the whole number of ballots

so shown to have been deposited therein, those ballots, or enough of

them to reduce the ballots to the proper number, selected without

examination of any voting mark thereon, shall be similarly removed as

excess ballots.

4. If, however, there lawfully be more than one ballot box for the

reception of ballots, no ballot found in the wrong ballot box shall for

that reason be rejected, but it shall be placed in its proper box by the

inspectors upon the count of the ballots before the canvass, and counted

in the same manner as if it was found in the proper ballot box, if such

ballot shall not, together with the ballots found in the proper ballot

box, make a total of more ballots than are shown to have been deposited

in such box.

5. No ballot that is not an official ballot prepared for the election

shall be counted except for those ballots voted in accordance with the

provisions for emergency ballots.